| H.B. No. 2049 | ||
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| relating to a qualifying cogeneration facility's ability to sell | ||
| electric energy to multiple purchasers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 31.002(13), Utilities Code, is amended | ||
| to read as follows: | ||
| (13) "Qualifying cogenerator" and "qualifying small | ||
| power producer" have the meanings assigned those terms by 16 U.S.C. | ||
| Sections 796(18)(C) and 796(17)(D). A qualifying cogenerator that | ||
| provides electricity to a [ |
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| thermal output is not for that reason considered to be a retail | ||
| electric provider or a power generation company. | ||
| SECTION 2. Subchapter B, Chapter 37, Utilities Code, is | ||
| amended by adding Section 37.0521 to read as follows: | ||
| Sec. 37.0521. EXCEPTION FOR RETAIL SALES BY CERTAIN | ||
| QUALIFYING COGENERATORS. (a) Notwithstanding Section 37.001(3), a | ||
| qualifying cogenerator may sell electric energy at retail to more | ||
| than one purchaser of the cogenerator's thermal output. | ||
| (b) Selling electric energy at retail to more than one | ||
| purchaser does not, as a result of that sale, subject a qualifying | ||
| cogenerator to regulation as | ||
| : | ||
| (1) a retail electric provider or power generation | ||
| company; or | ||
| (2) a retail electric utility under Chapter 37. | ||
| (c) This section does not apply to sales in an area: | ||
| (1) in which customer choice has not been adopted and | ||
| where a municipally owned utility or an electric cooperative is | ||
| certificated to provide retail electric utility service; or | ||
| (2) that is served by an electric utility that | ||
| operates solely outside of ERCOT. | ||
| SECTION 3. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2049 was passed by the House on May 4, | ||
| 2013, by the following vote: Yeas 136, Nays 0, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 2049 on May 22, 2013, by the following vote: Yeas 147, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2049 was passed by the Senate, with | ||
| amendments, on May 17, 2013, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||