2005 Texas Government Code CHAPTER 2302. COGENERATION

GOVERNMENT CODE

CHAPTER 2302. COGENERATION

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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;                                       
			(C)  the General Services Commission;  and                                   
			(D)  the Texas Natural Resource Conservation 
Commission;                   
		(2)  one representative of the office of the attorney 
general, appointed by the attorney general;  and
		(3)  one representative of higher education, appointed 
by the governor.     

Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           

SUBCHAPTER B. COGENERATION


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           

SUBCHAPTER C. ENFORCEMENT


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.           


	§ 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, § 1, eff. Sept. 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 765, § 2.24, eff. Sept. 1, 
1995.


	§ 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, § 1, eff. Sept. 1, 1993.