85R9927 YDB-F By: Thierry H.B. No. 1931 A BILL TO BE ENTITLED AN ACT relating to the duties of the State Energy Conservation Office regarding advanced clean energy project grants and loans and the creation of an inclusion task force for the energy industry. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 447.013, Government Code, is amended by amending Subsection (i) and adding Subsections (k), (l), and (m) to read as follows: (i) A recipient of a grant or loan under this section is encouraged to purchase goods and services from small businesses, as that term is defined by Section 481.401, and historically underutilized businesses, as that term is defined by Section 2161.001 [those terms are defined by former Section 481.191, as that section existed on January 1, 2015]. (k) The State Energy Conservation Office shall require each recipient of a grant awarded or loan made under this section, as a condition for receipt of the grant or loan, to annually submit a detailed plan for increasing procurements from historically underutilized businesses in renewable energy, advanced technologies, and demonstration and other clean energy projects. The plan: (1) must include short-term and long-term goals, schedules for completing stages of the procurement contract, and methods for encouraging general contractors and grant or loan recipients to engage historically underutilized businesses in subcontracts for renewable energy, advanced technologies, and demonstration and other clean energy projects; and (2) may not include a requirement that the recipient of the grant or loan achieve a specified number or percentage of procurements from historically underutilized businesses compared to the recipient's total procurements. (l) The State Energy Conservation Office shall require as a condition for receipt of a grant or loan under this section that each recipient submit an annual report to the office, in the form and not later than the date required by the office, regarding implementation of the plan established under Subsection (k). The recipient shall post the report on the recipient's Internet website and the office shall post a copy of the report on the office's Internet website. (m) The State Energy Conservation Office shall: (1) develop guidelines to be used by each grant or loan recipient in establishing the plan under Subsection (k); and (2) develop and require every grant or loan recipient to implement an outreach program to inform historically underutilized businesses of the actions necessary to apply for procurement contracts under this section. SECTION 2. Chapter 447, Government Code, is amended by adding Section 447.014 to read as follows: Sec. 447.014. INCLUSION TASK FORCE FOR ENERGY INDUSTRY. (a) In this section, "diverse" and "diversity" mean the inclusion of different types of people, including: (1) black Americans; (2) Hispanic Americans; (3) Native Americans; (4) Asian Pacific Americans; (5) women; and (6) veterans, as defined by 38 U.S.C. Section 101(2), who have suffered at least a 20 percent service-connected disability, as defined by 38 U.S.C. Section 101(16). (b) The State Energy Conservation Office shall establish an inclusion task force to consider and make recommendations on diversity in the energy industry, including diversity of corporate governing boards and procurement from diverse businesses. (c) The inclusion task force shall: (1) identify and promote energy companies that are actively engaged in diversity issues; (2) explore the status of diverse representation on energy company governing boards; (3) recommend actions for the State Energy Conservation Office to encourage energy companies to increase procurement from diverse suppliers; and (4) make recommendations to the office regarding legislation to accomplish diversity as described by Subsection (b). SECTION 3. Section 447.013, Government Code, as amended by this Act, applies only to a grant awarded or loan made on or after the effective date of this Act. SECTION 4. As soon as practicable after the effective date of this Act, the State Energy Conservation Office shall establish the inclusion task force as required by Section 447.014, Government Code, as added by this Act. SECTION 5. This Act takes effect September 1, 2017.