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

HB 4290 amends Texas Utilities Code to clarify that certain energy facilities - specifically qualifying cogenerators serving digital product manufacturing and co-located desalination plants - do not count as retail electric utilities. The bill defines a qualifying cogenerator as one providing electricity and thermal/steam waste heat to a desalination facility on the same site, while primarily powering digital manufacturing operations. This exemption prevents such facilities from being regulated as retail electric providers under Texas law, streamlining their operations. The change applies to existing facilities that met specific environmental and construction timelines (e.g., pre-1998 permits and construction).