Texas 2017 - 85th Regular

Texas House Bill HB3175 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12397 JXC-F
2	2	By: Reynolds H.B. No. 3175
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the funding through greenhouse gas emissions fees of
8	8	energy efficiency programs administered by certain utilities;
9	9	authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 382.0621(f), Health and Safety Code, is
12	12	amended to read as follows:
13	13	(f) The commission may impose operating fees for emissions
14	14	of greenhouse gas only:
15	15	(1) to the extent the fees are necessary to cover the
16	16	commission's additional reasonably necessary direct costs of
17	17	implementing Section 382.05102; or
18	18	(2) as authorized under Section 382.0623.
19	19	SECTION 2. Subchapter C, Chapter 382, Health and Safety
20	20	Code, is amended by adding Section 382.0623 to read as follows:
21	21	Sec. 382.0623. GREENHOUSE GAS EMISSIONS FEE. (a) In this
22	22	section, "carbon dioxide equivalent" means the amount of carbon
23	23	dioxide by weight that would produce the same global warming impact
24	24	as a given weight of another greenhouse gas, based on the best
25	25	available science.
26	26	(b) The commission shall adopt, charge, and collect an
27	27	annual fee on each facility permitted under Section 382.05185 that
28	28	is subject to federal greenhouse gas reporting requirements.
29	29	Except as provided by Subsection (d), the fee is in the amount of $5
30	30	per ton of carbon dioxide equivalent emitted from the facility each
31	31	year.
32	32	(c) Not later than April 15 of each year, a facility
33	33	described by Subsection (b) shall submit to the commission each
34	34	annual report required by federal greenhouse gas reporting
35	35	requirements. The commission shall use a report received under
36	36	this section to compute the total amount of the fee to be imposed on
37	37	the reporting facility.
38	38	(d) The commission by rule may provide for an automatic
39	39	annual increase in the amount of the fee imposed under this section
40	40	in the manner provided for increasing operating permit fees by
41	41	Section 382.0621(c).
42	42	(e) The commission shall deposit fees collected under this
43	43	section to the credit of a greenhouse gas emissions fee account
44	44	established in the general revenue fund. The fees collected may be
45	45	appropriated only for the purposes of Section 39.9053, Utilities
46	46	Code.
47	47	SECTION 3. Section 39.905, Utilities Code, is amended by
48	48	amending Subsection (f) and adding Subsection (f-1) to read as
49	49	follows:
50	50	(f) Each [Unless funding is provided under Section 39.903,
51	51	each] unbundled transmission and distribution utility shall
52	52	include in its energy efficiency plan a targeted low-income energy
53	53	efficiency program [as described by Section 39.903(f)(2)], and the
54	54	savings achieved by the program shall count toward the transmission
55	55	and distribution utility's energy efficiency goal. The commission
56	56	shall determine the appropriate level of funding to be allocated to
57	57	both targeted and standard offer low-income energy efficiency
58	58	programs in each unbundled transmission and distribution utility
59	59	service area. The level of funding for low-income energy
60	60	efficiency programs shall be provided from money approved by the
61	61	commission for the transmission and distribution utility's energy
62	62	efficiency programs. The commission shall ensure that annual
63	63	expenditures for the targeted low-income energy efficiency
64	64	programs of each unbundled transmission and distribution utility
65	65	are not less than 10 percent of the transmission and distribution
66	66	utility's energy efficiency budget for the year. A grant received
67	67	by an unbundled transmission and distribution utility under Section
68	68	39.9053 may be considered as part of the utility's energy
69	69	efficiency budget. A targeted low-income energy efficiency program
70	70	must comply with the same audit requirements that apply to federal
71	71	weatherization subrecipients. In an energy efficiency cost
72	72	recovery factor proceeding related to expenditures under this
73	73	subsection, the commission shall make findings of fact regarding
74	74	whether the utility meets requirements imposed under this
75	75	subsection. The state agency that administers the federal
76	76	weatherization assistance program shall participate in energy
77	77	efficiency cost recovery factor proceedings related to
78	78	expenditures under this subsection to ensure that targeted
79	79	low-income weatherization programs are consistent with federal
80	80	weatherization programs and adequately funded.
81	81	(f-1) For the purposes of Subsection (f), a "low-income
82	82	energy efficiency program" is a program that offers assistance to
83	83	an electric customer:
84	84	(1) whose household income is not more than 125
85	85	percent of the federal poverty guidelines; or
86	86	(2) who receives benefits under the supplemental
87	87	nutrition assistance program established under Chapter 33, Human
88	88	Resources Code.
89	89	SECTION 4. Subchapter Z, Chapter 39, Utilities Code, is
90	90	amended by adding Section 39.9053 to read as follows:
91	91	Sec. 39.9053. ENERGY EFFICIENCY FUNDING. (a) The
92	92	commission by rule shall establish a grant program through which
93	93	electric utilities, municipally owned utilities, and electric
94	94	cooperatives may receive money from the greenhouse gas emissions
95	95	fee account to assist those utilities with meeting goals
96	96	established under and implementing programs under Sections 39.905,
97	97	39.9051, and 39.9052.
98	98	(b) Except as provided by Subsection (c), the commission
99	99	shall make grant money available to an electric utility,
100	100	municipally owned utility, or electric cooperative in proportion to
101	101	the percentage of electric energy consumed by the retail customers
102	102	in this state that are served by the electric utility, municipally
103	103	owned utility, or electric cooperative.
104	104	(c) The commission shall allocate at least 50 percent of the
105	105	money provided under Subsection (a) each year for programs
106	106	described by Section 39.905(f).
107	107	SECTION 5. The Texas Commission on Environmental Quality
108	108	may not provide for an increase in the amount of the fee established
109	109	by Section 382.0623, Health and Safety Code, as added by this Act,
110	110	to occur before August 31, 2018.
111	111	SECTION 6. This Act takes effect September 1, 2017.