Texas 2009 - 81st Regular

Texas House Bill HB4261 Compare Versions

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Old	New	Differences
1	1	81R25369 KFF-D
2	2	By: Rodriguez, Gallego, Harless, et al. H.B. No. 4261
3	3	Substitute the following for H.B. No. 4261:
4	4	By: Solomons C.S.H.B. No. 4261
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to establishing a no-interest loan program to promote the
10	10	use of energy efficiency measures and renewable energy technology
11	11	in certain residential dwellings, commercial buildings, and places
12	12	of worship.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 447, Government Code, is amended by
15	15	adding Section 447.014 to read as follows:
16	16	Sec. 447.014. LOAN PROGRAM TO PROMOTE USE OF ENERGY
17	17	EFFICIENCY MEASURES AND RENEWABLE ENERGY TECHNOLOGY. (a) In this
18	18	section:
19	19	(1) "Energy efficiency" means a measure that is aimed
20	20	at reducing the rate at which energy is used by equipment or
21	21	processes and may be achieved by:
22	22	(A) substituting more advanced equipment to
23	23	produce the same or a higher level of end-use services with less
24	24	energy;
25	25	(B) adopting technology and processes that
26	26	reduce heat or other energy losses;
27	27	(C) installing materials, including
28	28	weatherization materials, or equipment that reduces or facilitates
29	29	a reduction in heat or other energy loss; or
30	30	(D) reorganizing processes to make use of waste
31	31	heat.
32	32	(2) "Lending institution" means a financial
33	33	institution that:
34	34	(A) customarily provides services or assistance
35	35	in the financing of residential mortgage loans; or
36	36	(B) makes commercial loans.
37	37	(3) "Program" means the loan program to promote energy
38	38	efficiency measures and renewable energy technology established by
39	39	this section.
40	40	(4) "Renewable energy technology" has the meaning
41	41	assigned by Section 39.904(d), Utilities Code.
42	42	(5) "Small business" has the meaning assigned by
43	43	Section 481.191.
44	44	(b) Subject to the availability of funds under the American
45	45	Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), or other
46	46	legislative appropriation, the State Energy Conservation Office
47	47	shall establish and administer a revolving loan program to make
48	48	no-interest loans to individuals, places of worship, and small
49	49	businesses to promote the use of energy efficiency measures and
50	50	renewable energy technology in the:
51	51	(1) residential dwellings owned by the individuals;
52	52	and
53	53	(2) buildings owned or operated by the places of
54	54	worship or small businesses.
55	55	(c) The State Energy Conservation Office shall ensure that
56	56	the program is designed and administered in accordance with the
57	57	applicable provisions of the American Recovery and Reinvestment Act
58	58	of 2009 (Pub. L. No. 111-5) and any other applicable federal law.
59	59	(d) A loan made under the program:
60	60	(1) may not have a term that exceeds the earlier of:
61	61	(A) 20 years after the date the energy efficiency
62	62	measure or renewable energy technology is installed; or
63	63	(B) the average useful life of the energy
64	64	efficiency measure or renewable energy technology to be implemented
65	65	by the loan recipient;
66	66	(2) may be secured by a lien on the real property;
67	67	(3) may be made with respect to a new or existing
68	68	structure; and
69	69	(4) may not be made to fund a renewable energy
70	70	technology that has an electric generating capacity of:
71	71	(A) more than 10 kilowatts if the loan is related
72	72	to a residential dwelling; and
73	73	(B) more than 30 kilowatts if the loan is related
74	74	to a building owned or operated by a place of worship or small
75	75	business.
76	76	(e) To be eligible to receive a loan under the program, a
77	77	person must:
78	78	(1) apply to the State Energy Conservation Office on a
79	79	form prescribed by the office; and
80	80	(2) meet any additional eligibility requirements
81	81	established by rule by the office.
82	82	(f) The State Energy Conservation Office may:
83	83	(1) contract with one or more lending institutions to
84	84	assist the office with qualifying applicants and servicing loans
85	85	under the program; and
86	86	(2) charge applicants a reasonable fee in an amount
87	87	necessary to recover the costs associated with processing
88	88	applications, qualifying applicants, and servicing loans under the
89	89	program.
90	90	(g) The State Energy Conservation Office shall adopt rules
91	91	as necessary to implement this section, including rules regarding:
92	92	(1) the types of renewable energy technologies or
93	93	energy efficiency measures that are eligible for loan funding under
94	94	the program;
95	95	(2) the maximum amount of any loan made under the
96	96	program;
97	97	(3) the manner in which loans are to be repaid to the
98	98	office;
99	99	(4) the terms that are required to be included in a
100	100	contract entered into under Subsection (f)(1), including the fees
101	101	payable to and duties imposed on a lending institution under the
102	102	contract;
103	103	(5) the types of energy efficiency measures or
104	104	renewable energy technologies that will require a loan applicant to
105	105	undergo an energy efficiency audit or other energy assessment
106	106	before the making of a loan under the program; and
107	107	(6) the creation of a registry of providers that:
108	108	(A) lists providers who are eligible to provide
109	109	installation services under the loan program; and
110	110	(B) is routinely reviewed and updated by the
111	111	office to assess provider performance and customer satisfaction and
112	112	to ensure that providers meet required standards.
113	113	(h) To be eligible to provide installation services under
114	114	the loan program, a provider must meet standards established by the
115	115	State Energy Conservation Office that may be based on the types of
116	116	certification held by the provider.
117	117	(i) The State Energy Conservation Office shall retain
118	118	outside of the state treasury and use the proceeds of loan payments
119	119	received under the program to administer and make loans under the
120	120	program without the necessity of a legislative appropriation.
121	121	(j) Not later than January 1 of each year, the State Energy
122	122	Conservation Office shall submit a report to the legislature that
123	123	includes:
124	124	(1) a brief description of:
125	125	(A) the implementation and status of the program;
126	126	(B) the energy efficiency measures or renewable
127	127	energy technologies financed under the program; and
128	128	(C) the energy saved and clean energy produced as
129	129	a result of implementing energy efficiency measures or renewable
130	130	energy technologies financed under the program; and
131	131	(2) any additional information the office determines
132	132	necessary.
133	133	(k) For purposes of preparing the report described by
134	134	Subsection (j) or for purposes of meeting any federal reporting
135	135	requirement, the State Energy Conservation Office shall monitor a
136	136	statistically relevant percentage of residential dwellings or
137	137	buildings for which a loan is made under the program using a device
138	138	that is installed on the structure and that transmits, in real time,
139	139	energy consumption and production data into a centralized database
140	140	to be accessed:
141	141	(1) by the office; and
142	142	(2) in a more limited and relevant format over an
143	143	Internet website, by applicable loan recipients.
144	144	SECTION 2. Subject to Section 447.014(b), Government Code,
145	145	as added by this Act, the State Energy Conservation Office shall
146	146	establish the loan program to promote energy efficiency measures
147	147	and renewable energy technology under Section 447.014, Government
148	148	Code, as added by this Act, not later than December 1, 2009.
149	149	SECTION 3. This Act takes effect immediately if it receives
150	150	a vote of two-thirds of all the members elected to each house, as
151	151	provided by Section 39, Article III, Texas Constitution. If this
152	152	Act does not receive the vote necessary for immediate effect, this
153	153	Act takes effect September 1, 2009.