CHAPTER 2302. COGENERATION
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING BOTH STATE
AND LOCAL GOVERNMENTS
CHAPTER 2302. COGENERATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2302.001. DEFINITIONS. In this chapter:
(1) "Cogenerating state agency" means a state agency that has
constructed or operates a state agency cogeneration facility.
(2) "Commission" means the Public Utility Commission of Texas.
(3) "Council" means the State Cogeneration Council.
(4) "Firm power" means power or power-producing capacity that,
under an enforceable obligation, is available to the purchasing
party according to a schedule over a specified term.
(5) "Nonfirm power" means power provided under an arrangement
that does not guarantee that power will be available according to
a schedule but provides instead for delivery of power as it is
available.
(6) "Qualifying facility" means a qualifying small power
production facility or a qualifying cogeneration facility as
defined by Sections 3(17)(C) and 3(18)(B) of the Federal Power
Act (16 U.S.C. Sections 796(17)(C) and 796(18)(B)).
(7) "State agency" means an office, department, commission, or
board of any branch of state government or an institution of
higher education as defined by Section 61.003, Education Code.
(8) "State agency cogeneration facility" means a qualifying
facility constructed or operated by a state agency for the
benefit of a state agency facility that is located adjacent to or
on property contiguous with the site of the qualifying facility.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.002. COMPOSITION OF COUNCIL. The council is composed
of:
(1) one representative with knowledge of cogeneration from each
of the following agencies, appointed by and serving at the
pleasure of the agency's presiding officer:
(A) the commission;
(B) the Railroad Commission of Texas; and
(C) the Texas Natural Resource Conservation Commission;
(2) one representative of the office of the attorney general,
appointed by the attorney general;
(3) one representative of the comptroller, appointed by the
comptroller; and
(4) one representative of higher education, appointed by the
governor.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.78, eff. September 1, 2007.
Sec. 2302.003. PRESIDING OFFICER. (a) The council shall elect
one of its members presiding officer at the first council meeting
after the appointment of a new member.
(b) The presiding officer may vote only to break a tie.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.004. COMPENSATION. A council member serves without
compensation but is entitled to reimbursement for expenses as
provided by the General Appropriations Act.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.005. COUNCIL EXPENSES. (a) The state agencies
represented on the council shall pay the council's incidental
expenses.
(b) The state agencies represented on the council may spend
money to assist the council in performing its duties.
(c) The council may not require a state agency represented on
the council to spend money without the agency's consent.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.006. EXPERTS. (a) The council may contract for the
services of experts to assist in performing its duties.
(b) The expenses of an expert may be paid for by:
(1) the state agencies represented on the council;
(2) general appropriation of the legislature;
(3) a specific appropriation of oil overcharge funds received by
the state; or
(4) other receipt of oil overcharge funds received by the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.007. DUTIES OF COUNCIL. The council shall:
(1) assist, inform, and advise a state agency concerning legal,
technical, economic, and contractual issues related to
cogeneration;
(2) approve or disapprove, solely on economic and technical
grounds, an application for a state agency cogeneration facility;
and
(3) adopt rules and procedures necessary for exercising council
duties.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER B. COGENERATION
Sec. 2302.021. STATE AGENCY COGENERATION PROJECTS. (a) A state
agency may not construct or operate a state agency cogeneration
facility unless the council has approved the size and design of
the facility.
(b) A state agency cogeneration facility's size and design is
limited to the size and design that is necessary to supply
economically the cogenerating state agency, considering the
optimum balance of annual thermal and electrical energy
requirements and any expansions anticipated in the near future.
(c) This section does not apply to a state agency cogeneration
facility if, before September 1, 1987:
(1) the facility was in operation;
(2) the facility's final engineering design had been completed;
or
(3) construction of the facility had begun.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.022. APPLICATION. (a) A state agency shall file with
the council for approval an application prescribed by the council
to construct or operate a state agency cogeneration facility.
(b) The council shall approve or disapprove a state agency's
application to construct or operate a state agency cogeneration
facility within six months of the date the application is filed.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.023. JOINT COGENERATION PROJECTS. Subject to this
chapter, two or more state agencies may jointly construct or
operate a state agency cogeneration facility.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.024. AUTHORITY TO SELL POWER. (a) After the council
has approved the application to construct or operate a
cogeneration facility, a cogenerating state agency may contract
in the same manner as a qualifying facility for the sale to an
electric utility of firm or nonfirm power produced by the state
agency cogeneration facility that exceeds the agency's power
requirements.
(b) A cogenerating state agency may consult with the council
about the price or other terms of a contract entered under this
section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.025. MONEY FROM POWER SALES. (a) A state agency
shall first apply money it collects from the sale of firm or
nonfirm power to retire any outstanding debt and pay operating
expenses that result from constructing and maintaining the state
agency cogeneration facility.
(b) A state agency shall deposit to the credit of the general
revenue fund any money it collects under this chapter that
exceeds the amount needed to service the debt and pay the
operating expenses of the state agency cogeneration facility.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER C. ENFORCEMENT
Sec. 2302.041. COOPERATION WITH COGENERATING STATE AGENCIES. A
political subdivision, municipality, or agency of the state that
operates, maintains, or controls a facility that provides retail
electric utility service:
(1) shall cooperate with a cogenerating state agency that
attempts to sell firm or nonfirm power; and
(2) may not adopt rates, pricing policies, access restrictions,
or other rules inconsistent with the intent of this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.042. PETITION FOR ENFORCEMENT. (a) A state agency
may file a petition with the commission to enforce Section
2302.041.
(b) Notwithstanding any other law, if a state agency files a
petition under this section, the commission may determine issues
relating to rates, pricing policies, access restrictions, and
other matters regarding a state agency cogeneration facility as
necessary to enforce Section 2302.041.
(c) The commission retains jurisdiction until the commission by
final order resolves the issues raised in the petition.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2302.043. ORDER OR RULING. (a) A commission order or
ruling entered under this chapter is considered to have been
entered or adopted under the Public Utility Regulatory Act of
1995.
(b) A commission order or ruling entered under this chapter is
enforced under Subtitle I, Title I, Public Utility Regulatory Act
of 1995.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 765, Sec. 2.24, eff.
Sept. 1, 1995.
Sec. 2302.044. JURISDICTION. This chapter does not enlarge or
modify the commission's jurisdiction over a political
subdivision, municipality, or agency of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.