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A BILL TO BE ENTITLED
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AN ACT
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relating to a qualifying cogeneration facility's ability to sell |
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electric energy to multiple purchasers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.002(13), Utilities Code, is amended |
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to read as follows: |
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(13) "Qualifying cogenerator" and "qualifying small |
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power producer" have the meanings assigned those terms by 16 U.S.C. |
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Sections 796(18)(C) and 796(17)(D). A qualifying cogenerator that |
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provides electricity to a [the] purchaser of the cogenerator's |
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thermal output is not for that reason considered to be a retail |
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electric provider or a power generation company. |
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SECTION 2. Subchapter B, Chapter 37, Utilities Code, is |
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amended by adding Section 37.0521 to read as follows: |
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Sec. 37.0521. EXCEPTION FOR RETAIL SALES BY CERTAIN |
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QUALIFYING COGENERATORS. (a) A qualifying cogenerator may sell |
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electric energy at retail to more than one purchaser of the |
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cogenerator's thermal output under Sections 35.061 and 36.007. |
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(b) A qualifying cogenerator that sells electric energy at |
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retail to more than one purchaser is not subject to regulation as a |
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retail electric utility under Chapter 37 or subject to regulation |
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as a retail electric provider or power generation company under |
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this subtitle if the transmission facilities used to provide |
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electricity necessary to serve the purchasers of the thermal output |
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are connected to the purchasers of the thermal output using |
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transmission facilities that are not owned or operated by an |
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electric utility. |
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(c) The limitation on the sale of electricity does not apply |
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to the sale of wholesale electricity. |
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(d) This section does not apply to a municipally owned |
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utility or an electric cooperative providing service to an area |
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where competition has not been introduced. |
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SECTION 3. This Act takes effect September 1, 2013. |