2009S0103-1 01/16/09
By: Fraser S.B. No. 546
A BILL TO BE ENTITLED
AN ACT
relating to the state goal for energy efficiency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 39.905, Utilities Code,
is amended 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) 10 percent of the electric utility's annual
growth in demand of residential and commercial customers by
December 31, 2007;
(B) 15 percent of the electric utility's annual
growth in demand of residential and commercial customers by
December 31, 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) 20 percent of the electric utility's annual
growth in demand of residential and commercial customers by
December 31, 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;
(D) 30 percent of the electric utility's annual
growth in demand of residential and commercial customers by
December 31, 2010; and
(E) 50 percent of the electric utility's annual
growth in demand of residential and commercial customers by
December 31, 2015;
(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 Subdivision (3) [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.
SECTION 2. The following provisions of the Utilities Code
are repealed:
(1) Subsection (b-2), Section 39.905; and
(2) Section 39.913.
SECTION 3. 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.