81R1710 TRH-D
By: Anchia H.B. No. 280
A BILL TO BE ENTITLED
AN ACT
relating to electric utility energy efficiency goals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.905, Utilities Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) It is the goal of the legislature that:
(1) electric utilities will administer energy
efficiency incentive programs in a market-neutral,
nondiscriminatory manner but will not offer underlying competitive
services;
(2) all customers, in all customer classes, will have
a choice of and access to energy efficiency alternatives and other
choices from the market that allow each customer to reduce energy
consumption, peak demand, or energy costs;
(3) each electric utility will provide, through
market-based standard offer programs or limited, targeted,
market-transformation programs, incentives sufficient for retail
electric providers and competitive energy service providers to
acquire additional cost-effective energy efficiency for
residential and commercial customers equivalent to at least:
(A) 30 [10] percent of the electric utility's
annual growth in demand of residential and commercial customers by
December 31, 2011 [2007];
(B) 40 [15] percent of the electric utility's
annual growth in demand of residential and commercial customers by
December 31, 2013 [2008, provided that the electric utility's
program expenditures for 2008 funding may not be greater than 75
percent above the utility's program budget for 2007 for residential
and commercial customers, as included in the April 1, 2006,
filing]; and
(C) 50 [20] percent of the electric utility's
annual growth in demand of residential and commercial customers by
December 31, 2015 [2009, provided that the electric utility's
program expenditures for 2009 funding may not be greater than 150
percent above the utility's program budget for 2007 for residential
and commercial customers, as included in the April 1, 2006,
filing];
(4) each electric utility in the ERCOT region shall
use its best efforts to encourage and facilitate the involvement of
the region's retail electric providers in the delivery of
efficiency programs and demand response programs under this
section;
(5) retail electric providers in the ERCOT region, and
electric utilities outside of the ERCOT region, shall provide
customers with energy efficiency educational materials; and
(6) notwithstanding Subsection (a)(3), electric
utilities shall continue to make available, at 2007 funding and
participation levels, any load management standard offer programs
developed for industrial customers and implemented prior to May 1,
2007.
(a-1) It is the goal of the legislature that, beginning with
the year ending December 31, 2016, each electric utility will
provide incentives sufficient for retail electric providers and
competitive energy service providers to acquire additional
cost-effective energy efficiency for all customers, in all
categories, to the extent that the total annual energy consumption
in this state is reduced by two percent each year.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.