2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 39 - Restructuring of Electric Utility Industry › Subchapter Z. Miscellaneous Provisions › Section 39.9044. Goal for Natural Gas

Sec. 39.9044.  GOAL FOR NATURAL GAS.  (a)  It is the intent of the legislature that 50 percent of the megawatts of generating capacity installed in this state after January 1, 2000, use natural gas.  To the extent permitted by law, the commission shall establish a program to encourage utilities to comply with this section by using natural gas produced in this state as the preferential fuel.  This section does not apply to generating capacity for renewable energy technologies.
(b)  The commission shall establish a natural gas energy credits trading program.  Any power generation company, municipally owned utility, or electric cooperative that does not satisfy the requirements of Subsection (a) by directly owning or purchasing capacity using natural gas technologies shall purchase sufficient natural gas energy credits to satisfy the requirements by holding natural gas energy credits in lieu of capacity from natural gas energy technologies.
(c)  Not later than January 1, 2000, the commission shall adopt rules necessary to administer and enforce this section and to perform any necessary studies in cooperation with the Railroad Commission of Texas.  At a minimum, the rules shall:
(1)  establish the minimum annual natural gas generation requirement for each power generation company, municipally owned utility, and electric cooperative operating in this state in a manner reasonably calculated by the commission to produce, on a statewide basis, compliance with the requirement prescribed by Subsection (a);  and
(2)  specify reasonable performance standards that all natural gas capacity additions must meet to count against the requirement prescribed by Subsection (a) and that:
(A)  are designed and operated so as to maximize the energy output from the capacity additions in accordance with then-current industry standards and best industry standards;  and
(B)  encourage the development, construction, and operation of new natural gas energy projects at those sites in this state that have the greatest economic potential for capture and development of this state's environmentally beneficial natural gas resources.
(d)  The commission, with the assistance of the Railroad Commission of Texas, shall adopt rules allowing and encouraging retail electric providers and municipally owned utilities and electric cooperatives that have adopted customer choice to market electricity generated using natural gas produced in this state as environmentally beneficial.  The rules shall allow a provider, municipally owned utility, or cooperative to:
(1)  emphasize that natural gas produced in this state is the cleanest-burning fossil fuel;  and
(2)  label the electricity generated using natural gas produced in this state as "green" electricity.
(e)  In this section, "natural gas technology" means any technology that exclusively relies on natural gas as a primary fuel source.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.