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By: Huberty, Menendez (Senate Sponsor - Williams) |
H.B. No. 2049 |
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(In the Senate - Received from the House May 6, 2013; |
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May 7, 2013, read first time and referred to Committee on Business |
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and Commerce; May 15, 2013, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 9, Nays 0; |
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May 15, 2013, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 2049 |
By: Eltife |
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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) Notwithstanding Section 37.001(3), a |
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qualifying cogenerator may sell electric energy at retail to more |
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than one purchaser of the cogenerator's thermal output. |
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(b) A qualifying cogenerator that sells electric energy at |
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retail to more than one purchaser, if not otherwise subject to |
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regulation as an electric utility, is not as a result of the sale |
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subject to regulation as: |
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(1) a retail electric provider or power generation |
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company; or |
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(2) a retail electric utility under Chapter 37. |
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(c) This section does not apply to sales in an area: |
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(1) in which customer choice has not been adopted and |
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where a municipally owned utility or an electric cooperative is |
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certificated to provide retail electric utility service; or |
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(2) that is served by an electric utility that |
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operates solely outside of ERCOT. |
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SECTION 3. This Act takes effect September 1, 2013. |
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* * * * * |