85R12397 JXC-F
By: Reynolds H.B. No. 3175
A BILL TO BE ENTITLED
AN ACT
relating to the funding through greenhouse gas emissions fees of
energy efficiency programs administered by certain utilities;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 382.0621(f), Health and Safety Code, is
amended to read as follows:
(f) The commission may impose operating fees for emissions
of greenhouse gas only:
(1) to the extent the fees are necessary to cover the
commission's additional reasonably necessary direct costs of
implementing Section 382.05102; or
(2) as authorized under Section 382.0623.
SECTION 2. Subchapter C, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0623 to read as follows:
Sec. 382.0623. GREENHOUSE GAS EMISSIONS FEE. (a) In this
section, "carbon dioxide equivalent" means the amount of carbon
dioxide by weight that would produce the same global warming impact
as a given weight of another greenhouse gas, based on the best
available science.
(b) The commission shall adopt, charge, and collect an
annual fee on each facility permitted under Section 382.05185 that
is subject to federal greenhouse gas reporting requirements.
Except as provided by Subsection (d), the fee is in the amount of $5
per ton of carbon dioxide equivalent emitted from the facility each
year.
(c) Not later than April 15 of each year, a facility
described by Subsection (b) shall submit to the commission each
annual report required by federal greenhouse gas reporting
requirements. The commission shall use a report received under
this section to compute the total amount of the fee to be imposed on
the reporting facility.
(d) The commission by rule may provide for an automatic
annual increase in the amount of the fee imposed under this section
in the manner provided for increasing operating permit fees by
Section 382.0621(c).
(e) The commission shall deposit fees collected under this
section to the credit of a greenhouse gas emissions fee account
established in the general revenue fund. The fees collected may be
appropriated only for the purposes of Section 39.9053, Utilities
Code.
SECTION 3. Section 39.905, Utilities Code, is amended by
amending Subsection (f) and adding Subsection (f-1) to read as
follows:
(f) Each [Unless funding is provided under Section 39.903,
each] unbundled transmission and distribution utility shall
include in its energy efficiency plan a targeted low-income energy
efficiency program [as described by Section 39.903(f)(2)], and the
savings achieved by the program shall count toward the transmission
and distribution utility's energy efficiency goal. The commission
shall determine the appropriate level of funding to be allocated to
both targeted and standard offer low-income energy efficiency
programs in each unbundled transmission and distribution utility
service area. The level of funding for low-income energy
efficiency programs shall be provided from money approved by the
commission for the transmission and distribution utility's energy
efficiency programs. The commission shall ensure that annual
expenditures for the targeted low-income energy efficiency
programs of each unbundled transmission and distribution utility
are not less than 10 percent of the transmission and distribution
utility's energy efficiency budget for the year. A grant received
by an unbundled transmission and distribution utility under Section
39.9053 may be considered as part of the utility's energy
efficiency budget. A targeted low-income energy efficiency program
must comply with the same audit requirements that apply to federal
weatherization subrecipients. In an energy efficiency cost
recovery factor proceeding related to expenditures under this
subsection, the commission shall make findings of fact regarding
whether the utility meets requirements imposed under this
subsection. The state agency that administers the federal
weatherization assistance program shall participate in energy
efficiency cost recovery factor proceedings related to
expenditures under this subsection to ensure that targeted
low-income weatherization programs are consistent with federal
weatherization programs and adequately funded.
(f-1) For the purposes of Subsection (f), a "low-income
energy efficiency program" is a program that offers assistance to
an electric customer:
(1) whose household income is not more than 125
percent of the federal poverty guidelines; or
(2) who receives benefits under the supplemental
nutrition assistance program established under Chapter 33, Human
Resources Code.
SECTION 4. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.9053 to read as follows:
Sec. 39.9053. ENERGY EFFICIENCY FUNDING. (a) The
commission by rule shall establish a grant program through which
electric utilities, municipally owned utilities, and electric
cooperatives may receive money from the greenhouse gas emissions
fee account to assist those utilities with meeting goals
established under and implementing programs under Sections 39.905,
39.9051, and 39.9052.
(b) Except as provided by Subsection (c), the commission
shall make grant money available to an electric utility,
municipally owned utility, or electric cooperative in proportion to
the percentage of electric energy consumed by the retail customers
in this state that are served by the electric utility, municipally
owned utility, or electric cooperative.
(c) The commission shall allocate at least 50 percent of the
money provided under Subsection (a) each year for programs
described by Section 39.905(f).
SECTION 5. The Texas Commission on Environmental Quality
may not provide for an increase in the amount of the fee established
by Section 382.0623, Health and Safety Code, as added by this Act,
to occur before August 31, 2018.
SECTION 6. This Act takes effect September 1, 2017.