Utility Facilities Act; definition of public utility. Provides that for the purpose of the Utility Facilities Act, "public utility" does not include a company that provides electric service from a generation facility located on the same tract of land as a customer with an actual or anticipated load greater than one megawatt that has been notified by its incumbent electric utility that such utility is unable to provide adequate electric service within six months of the customer's request, provided that (i) the company utilizes an electricity generation process that has an emissions rate at least 30 percent lower than the average annual marginal grid emissions rate in the PJM transmission region at the time of installation and (ii) all costs associated with such generator are borne by the customer and not by other ratepayers.
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