HB 4290 Introduced

Relating to a qualifying cogenerator that serves a large load and a colocated desalination facility. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to a qualifying cogenerator that serves a large load and a

 

colocated desalination facility.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  Section 31.002, Utilities Code, is amended by

 

amending Subdivision (13) 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 purchaser of the cogenerator’s thermal

 

output is not for that reason considered to be a retail electric

 

provider or a power generation company.  A qualifying cogenerator

 

includes an owner or operator of dispatchable generation that:

 

                   (A)  provides thermal, steam or waste heat for use

 

by a co-located desalination facility; and

 

                   (B)  serves a load whose primary purpose is the

 

manufacture of digital products.

 

       SECTION 2.  Subsection 37.001, Utilities Code, is amended by

 

amending Subdivision (3) to read as follows:

 

             (3)  “Retail electric utility” means a person,

 

political subdivision, electric cooperative, or agency that

 

operates, maintains, or controls in this state a facility to

 

provide retail electric utility service.  The term does not include

 

a corporation described by Section 32.053 to the extent that the

 

corporation sells electricity exclusively at wholesale and not to

 

the ultimate consumer.  A qualifying cogenerator that sells

 

electric energy at retail to the sole purchaser of the

 

cogenerator’s thermal output under Sections 35.061 and 36.007 is

 

not for that reason considered to be a retail electric utility.  The

 

owner or operator of a qualifying cogeneration facility who was

 

issued the necessary environmental permits from the Texas Natural

 

Resource Conservation Commission after January 1, 1998, and who

 

commenced construction of such qualifying facility before July 1,

 

1998, may provide electricity to the purchasers of the thermal

 

output of that qualifying facility and shall not for that reason be

 

considered an electric utility or a retail electric utility,

 

provided that the purchasers of the thermal output are owners of

 

manufacturing or process operation facilities that are located on a

 

site entirely owned before September, 1987, by one owner who

 

retained ownership after September, 1987, of some portion of the

 

facilities and that those facilities now share some integrated

 

operations, such as the provision of services and raw materials.  A

 

person who is an electric generation equipment lessor or operator

 

is not for that reason considered to be a retail electric utility.  

 

A person who owns or operates equipment used solely to provide

 

electricity charging service for consumption by an alternatively

 

fueled vehicle, as defined by Section 502.004, Transportation Code,

 

is not for that reason considered to be a retail electric utility.  

 

The owner or operator of a qualifying congenator as defined by

 

Subdivision 31.002(13) is not considered to be a retail electric

 

utility if the owner or operator of a qualifying cogenerator is

 

providing electricity to a manufacturer of digital products and

 

thermal, steam, or waste heat to a colocated desalination facility.

 

       SECTION 3.  This Act takes effect immediately if it receives

 

a vote of two-thirds of all the members elected to each house, as

 

provided by Section 39, Article III, Texas Constitution.  If this

 

Act does not receive the vote necessary for immediate effect, this

 

Act takes effect September 1, 2025. 

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