Texas 2021 - 87th Regular

Texas House Bill HB1534 Compare Versions

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

Old	New	Differences
1	1	87R3385 SLB-F
2	2	By: Reynolds H.B. No. 1534
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 permit fees for
14	14	emissions 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 subsection to compute the total amount of the fee to be imposed
37	37	on 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 unbundled transmission and distribution utility
51	51	shall include in its energy efficiency plan a targeted low-income
52	52	energy efficiency program, and the savings achieved by the program
53	53	shall count toward the transmission and distribution utility's
54	54	energy efficiency goal. The commission shall determine the
55	55	appropriate level of funding to be allocated to both targeted and
56	56	standard offer low-income energy efficiency programs in each
57	57	unbundled transmission and distribution utility service area. The
58	58	level of funding for low-income energy efficiency programs shall be
59	59	provided from money approved by the commission for the transmission
60	60	and distribution utility's energy efficiency programs. The
61	61	commission shall ensure that annual expenditures for the targeted
62	62	low-income energy efficiency programs of each unbundled
63	63	transmission and distribution utility are not less than 10 percent
64	64	of the transmission and distribution utility's energy efficiency
65	65	budget for the year. A grant received by an unbundled transmission
66	66	and distribution utility under Section 39.9053 may be considered as
67	67	part of the utility's energy efficiency budget. A targeted
68	68	low-income energy efficiency program must comply with the same
69	69	audit requirements that apply to federal weatherization
70	70	subrecipients. In an energy efficiency cost recovery factor
71	71	proceeding related to expenditures under this subsection, the
72	72	commission shall make findings of fact regarding whether the
73	73	utility meets requirements imposed under this subsection. The
74	74	state agency that administers the federal weatherization
75	75	assistance program shall participate in energy efficiency cost
76	76	recovery factor proceedings related to expenditures under this
77	77	subsection to ensure that targeted low-income weatherization
78	78	programs are consistent with federal weatherization programs and
79	79	adequately funded.
80	80	(f-1) For the purposes of Subsection (f), a "low-income
81	81	energy efficiency program" is a program that offers assistance to
82	82	an electric customer:
83	83	(1) whose household income is not more than 125
84	84	percent of the federal poverty guidelines; or
85	85	(2) who receives benefits under the supplemental
86	86	nutrition assistance program established under Chapter 33, Human
87	87	Resources Code.
88	88	SECTION 4. Subchapter Z, Chapter 39, Utilities Code, is
89	89	amended by adding Section 39.9053 to read as follows:
90	90	Sec. 39.9053. ENERGY EFFICIENCY FUNDING. (a) The
91	91	commission by rule shall establish a grant program through which
92	92	electric utilities, municipally owned utilities, and electric
93	93	cooperatives may receive money from the greenhouse gas emissions
94	94	fee account to assist those utilities with meeting goals
95	95	established under and implementing programs under Sections 39.905,
96	96	39.9051, and 39.9052.
97	97	(b) Except as provided by Subsection (c), the commission
98	98	shall make grant money available to an electric utility,
99	99	municipally owned utility, or electric cooperative in proportion to
100	100	the percentage of electric energy consumed by the retail customers
101	101	in this state that are served by the electric utility, municipally
102	102	owned utility, or electric cooperative.
103	103	(c) The commission shall allocate at least 50 percent of the
104	104	money provided under Subsection (a) each year for programs
105	105	described by Section 39.905(f).
106	106	SECTION 5. The Texas Commission on Environmental Quality
107	107	may not provide for an increase in the amount of the fee established
108	108	by Section 382.0623, Health and Safety Code, as added by this Act,
109	109	to occur before August 31, 2022.
110	110	SECTION 6. This Act takes effect September 1, 2021.