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Texas House Bill HB4370

Texas 2023 - 88th Regular

Texas House Bill HB4370 Compare Versions

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11 88R13248 ANG-D
22 By: Toth H.B. No. 4370
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the abolishment of the State Energy Conservation Office
88 and the transfer of its functions to the comptroller.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 44.902(d), Education Code, is amended to
1111 read as follows:
1212 (d) The board of trustees may submit the plan required under
1313 Subsection (a) to the comptroller [State Energy Conservation
1414 Office] for the purposes of determining whether funds available
1515 through loan programs administered by the comptroller [office] or
1616 tax incentives administered by the state or federal government are
1717 available to the district. The board may not disallow any proper
1818 allocation of incentives.
1919 SECTION 2. Section 51.927(i), Education Code, is amended to
2020 read as follows:
2121 (i) An energy savings performance contract shall be let
2222 according to the procedures established for procuring certain
2323 professional services by Section 2254.004, Government
2424 Code. Notice of the request for qualifications shall be given in
2525 the manner provided by Section 2156.002, Government Code. The
2626 Texas Higher Education Coordinating Board, in consultation with the
2727 comptroller [State Energy Conservation Office with regard to energy
2828 and water conservation measures], shall establish guidelines and an
2929 approval process for awarding energy savings performance
3030 contracts. The guidelines must require that the cost savings
3131 projected by an offeror be reviewed by a licensed professional
3232 engineer who has a minimum of three years of experience in energy
3333 calculation and review, is not an officer or employee of an offeror
3434 for the contract under review, and is not otherwise associated with
3535 the contract. In conducting the review, the engineer shall focus
3636 primarily on the proposed improvements from an engineering
3737 perspective, the methodology and calculations related to cost
3838 savings, increases in revenue, and, if applicable, efficiency or
3939 accuracy of metering equipment. An engineer who reviews a contract
4040 shall maintain the confidentiality of any proprietary information
4141 the engineer acquires while reviewing the contract. [A contract is
4242 not required to be reviewed or approved by the State Energy
4343 Conservation Office.] Sections 1001.053 and 1001.407, Occupations
4444 Code, apply to work performed under the contract.
4545 SECTION 3. Section 55.115(b), Education Code, is amended to
4646 read as follows:
4747 (b) A building, structure, or other facility to which this
4848 section applies must be designed and constructed or renovated so
4949 that the building, structure, or other facility complies with
5050 high-performance building standards, approved by the board of
5151 regents of the institution, that provide minimum requirements for
5252 energy use, natural resources use, and indoor air quality. [In
5353 approving high-performance building standards, a board of regents
5454 shall consider, but is not subject to, the high-performance
5555 building evaluation system approved by the state energy
5656 conservation office under Section 447.004, Government Code, and may
5757 solicit and consider recommendations from the advisory committee
5858 appointed under that section.]
5959 SECTION 4. Section 109.203(a), Education Code, as added by
6060 Chapter 941 (S.B. 601), Acts of the 87th Legislature, Regular
6161 Session, 2021, is amended to read as follows:
6262 (a) The agency advisory council is composed of
6363 representatives of the:
6464 (1) Department of Agriculture;
6565 (2) General Land Office;
6666 (3) Parks and Wildlife Department;
6767 (4) Railroad Commission of Texas;
6868 (5) [State Energy Conservation Office;]
6969 [(6)] Texas Commission on Environmental Quality;
7070 (6) [(7)] Texas Economic Development and Tourism
7171 Office within the office of the governor; and
7272 (7) [(8)] Texas Water Development Board.
7373 SECTION 5. Section 403.404, Government Code, is amended to
7474 read as follows:
7575 Sec. 403.404. ESTABLISHMENT OF GREEN JOB SKILLS GRANT
7676 PROGRAM. The comptroller shall establish a green job skills grant
7777 program, funded by the development fund under Section 403.403,
7878 through which the comptroller may award grants in cooperation with
7979 the Texas Workforce Commission [through the State Energy
8080 Conservation Office] for the implementation, expansion, and
8181 operation of green job skills training programs.
8282 SECTION 6. Sections 2166.402(a) and (b), Government Code,
8383 are amended to read as follows:
8484 (a) The governing body of a state agency, commission, or
8585 institution that is exempt from this chapter under Section 2166.003
8686 shall adopt and publish energy or water conservation design
8787 standards [as provided by Section 447.004] for a new building under
8888 the entity's authority. The standards must be:
8989 (1) consistent with those adopted by the commission
9090 for other state buildings; and
9191 (2) prepared in cooperation and consultation with the
9292 comptroller [state energy conservation office].
9393 (b) The comptroller [state energy conservation office]
9494 shall assist the governing body of a state agency, commission, or
9595 institution subject to Subsection (a) in preparing energy
9696 conservation standards by providing technical assistance and
9797 advice.
9898 SECTION 7. Section 2166.403(b-2), Government Code, is
9999 amended to read as follows:
100100 (b-2) In each detailed written evaluation under Subsection
101101 (b), the commission or governing body shall determine economic
102102 feasibility for each function by comparing the estimated cost of
103103 providing energy for all or part of the function using conventional
104104 design practices and energy systems or operating under conventional
105105 architectural or engineering designs with the estimated cost of
106106 providing energy for all or part of the function using alternative
107107 energy devices or operating under alternative energy-efficient
108108 architectural or engineering designs during the economic life of
109109 the building. The comptroller [comptroller's state energy
110110 conservation office, or its successor,] must approve any
111111 methodology or electronic software used by the commission or
112112 governing body, or an entity contracting with the commission or
113113 governing body, to make a comparison or determine feasibility under
114114 this subsection.
115115 SECTION 8. Sections 2166.406(i) and (l), Government Code,
116116 are amended to read as follows:
117117 (i) An energy savings performance contract shall be let
118118 according to the procedures established for procuring certain
119119 professional services by Section 2254.004. Notice of the request
120120 for qualifications shall be given in the manner provided by Section
121121 2156.002. The comptroller [State Energy Conservation Office]
122122 shall establish guidelines and an approval process for awarding
123123 energy savings performance contracts. The guidelines adopted
124124 under this subsection must require that the cost savings projected
125125 by an offeror be reviewed by a licensed professional engineer who
126126 has a minimum of three years of experience in energy calculation and
127127 review, is not an officer or employee of an offeror for the contract
128128 under review, and is not otherwise associated with the
129129 contract. In conducting the review, the engineer shall focus
130130 primarily on the proposed improvements from an engineering
131131 perspective, the methodology and calculations related to cost
132132 savings, increases in revenue, and, if applicable, efficiency or
133133 accuracy of metering equipment. An engineer who reviews a contract
134134 shall maintain the confidentiality of any proprietary information
135135 the engineer acquires while reviewing the contract. An energy
136136 savings performance contract may not be entered into unless the
137137 contract has been approved by the comptroller [State Energy
138138 Conservation Office]. Sections 1001.053 and 1001.407, Occupations
139139 Code, apply to work performed under the contract.
140140 (l) The guidelines adopted under Subsection (i) must
141141 require the comptroller [State Energy Conservation Office] to:
142142 (1) review any reports submitted to the comptroller
143143 [office] that measure and verify cost savings to a state agency
144144 under an energy savings performance contract; and
145145 (2) based on the reports, provide an analysis, on a
146146 periodic basis, of the cost savings under the energy savings
147147 performance contract to the state agency and the Legislative Budget
148148 Board until the state agency determines that the analysis is no
149149 longer required to accurately measure cost savings.
150150 SECTION 9. The heading to Section 2305.011, Government
151151 Code, is amended to read as follows:
152152 Sec. 2305.011. ADMINISTRATION BY COMPTROLLER'S OFFICE [AND
153153 ENERGY OFFICE].
154154 SECTION 10. Sections 2305.011(a), (b), (c), and (d),
155155 Government Code, are amended to read as follows:
156156 (a) The comptroller [energy office] shall oversee and
157157 monitor the administration of programs prescribed by this chapter.
158158 (b) The governor and the comptroller [energy office] may
159159 establish direct grant programs and competitive grant programs in
160160 addition to the programs provided by this chapter.
161161 (c) The comptroller [energy office] shall establish
162162 programs and criteria and evaluate a proposal in accordance with
163163 applicable federal guidelines.
164164 (d) The comptroller [energy office] shall send to the
165165 appropriate federal entity all information required under
166166 applicable federal guidelines.
167167 SECTION 11. Section 2305.012, Government Code, is amended
168168 to read as follows:
169169 Sec. 2305.012. ADMINISTRATION; ASSISTANCE. (a) The
170170 comptroller [energy office] shall implement and administer this
171171 chapter.
172172 (b) The comptroller [energy office] or the governor
173173 [through the energy office] may enlist the assistance of a private
174174 entity or a state agency, department, commission, or other entity
175175 to:
176176 (1) evaluate or review a proposal;
177177 (2) audit a program participant or a supervising state
178178 agency;
179179 (3) perform administrative duties under this chapter;
180180 or
181181 (4) develop eligibility or evaluation criteria.
182182 SECTION 12. The heading to Section 2305.023, Government
183183 Code, is amended to read as follows:
184184 Sec. 2305.023. ACCOUNT RECORDS; COMPTROLLER [ENERGY
185185 OFFICE] REPORT.
186186 SECTION 13. Section 2305.023(b), Government Code, is
187187 amended to read as follows:
188188 (b) Not later than January 15 of each odd-numbered year, the
189189 comptroller [energy office] shall submit to the governor and the
190190 legislature a biennial report that shows the expenditures from the
191191 account during the previous biennium and the amount remaining in
192192 the account on the date of the report.
193193 SECTION 14. Section 2305.031, Government Code, is amended
194194 to read as follows:
195195 Sec. 2305.031. OIL OVERCHARGE PROGRAMS. The comptroller
196196 [energy office] shall maintain a revolving loan program for the
197197 benefit of state agencies, universities, and political
198198 subdivisions. The comptroller [energy office] shall use oil
199199 overcharge funds for the programs and purposes in this subchapter.
200200 SECTION 15. Sections 2305.032(a), (b), and (f), Government
201201 Code, are amended to read as follows:
202202 (a) The comptroller [energy office] under the loanstar
203203 revolving loan program may provide loans to finance energy and
204204 water efficiency measures for public facilities.
205205 (b) The comptroller [energy office] shall determine the
206206 terms under which a loan may be made under this section and shall
207207 set the interest rate for a loan at a low rate that the comptroller
208208 [energy office] determines is sufficient to recover the cost of
209209 administering the loan program.
210210 (f) The comptroller [energy office] shall allocate at least
211211 $95 million, including loan commitments and cash on hand, to the
212212 loanstar program and shall administer the funds under its control
213213 in a manner that assures that funds available to the loanstar
214214 program equal or exceed $95 million at all times.
215215 SECTION 16. Sections 2305.033(a) and (b), Government Code,
216216 are amended to read as follows:
217217 (a) The comptroller [energy office] is the supervising
218218 state agency for the state energy program.
219219 (b) In accordance with Part D, Title III, Energy Policy and
220220 Conservation Act (42 U.S.C. Section [Sec.] 6321 et seq.), and its
221221 subsequent amendments, the comptroller [energy office], under the
222222 program, shall distribute funds for projects that save measurable
223223 quantities of energy.
224224 SECTION 17. Sections 2305.035(a) and (b), Government Code,
225225 are amended to read as follows:
226226 (a) The comptroller [energy office] is the supervising
227227 state agency for the alternative fuels program.
228228 (b) The comptroller [energy office] shall provide funds
229229 under the program to promote, facilitate, and support the use of
230230 alternative fuels in this state.
231231 SECTION 18. Sections 2305.036(a), (b), and (f), Government
232232 Code, are amended to read as follows:
233233 (a) The comptroller [energy office] is the supervising
234234 state agency for the housing partnership program.
235235 (b) The comptroller [energy office] shall promote the
236236 efficient use of energy in Texas residential housing through
237237 grants, partnerships, and loans.
238238 (f) The comptroller [energy office] may require grant
239239 recipients to match a grant in a ratio determined by the comptroller
240240 [energy office].
241241 SECTION 19. Section 2305.037, Government Code, is amended
242242 to read as follows:
243243 Sec. 2305.037. INNOVATIVE ENERGY DEMONSTRATION
244244 PROGRAM. (a) The comptroller [energy office] is the supervising
245245 state agency of the innovative energy demonstration program and
246246 shall distribute grant money under the program for demonstration
247247 projects that develop sustainable and innovative energy resources,
248248 including:
249249 (1) a clean coal project, as defined by Section 5.001,
250250 Water Code;
251251 (2) a gasification project for a coal and biomass
252252 mixture;
253253 (3) photovoltaic, biomass, wind, and solar
254254 applications; and
255255 (4) other appropriate low-emission, renewable, and
256256 sustainable energy applications.
257257 (b) Contingent on the selection of a Texas site for the
258258 location of the coal-based integrated sequestration and hydrogen
259259 project to be built in partnership with the United States
260260 Department of Energy, commonly referred to as the FutureGen
261261 project, and to the extent that funds are appropriated for this
262262 purpose, the comptroller [energy office] shall distribute to the
263263 managing entity of the FutureGen project an amount equal to 50
264264 percent of the total amount invested in the project by private
265265 industry sources. The managing entity of the FutureGen project
266266 shall provide records as considered necessary by the comptroller
267267 [energy office] to justify grants under this
268268 subsection. Cumulative distributions under this subsection may
269269 not exceed $20 million.
270270 (c) The comptroller [energy office] may require a grant
271271 recipient under the program to match a grant in a ratio determined
272272 by the comptroller [energy office].
273273 SECTION 20. Section 2305.038(a), Government Code, is
274274 amended to read as follows:
275275 (a) The comptroller [energy office] is the supervisory
276276 agency for the local government energy program to provide energy
277277 management assistance to public schools, health care institutions,
278278 and other local governments.
279279 SECTION 21. Sections 2305.039(a) and (c), Government Code,
280280 are amended to read as follows:
281281 (a) The comptroller [energy office] is the supervising
282282 state agency of the transportation energy program and shall
283283 distribute funds under the program for projects relating to mass
284284 transit and other transportation services.
285285 (c) The comptroller [energy office] may require a grant
286286 recipient to match a grant in a ratio determined by the comptroller
287287 [energy office].
288288 SECTION 22. Sections 2305.075(a) and (b), Government Code,
289289 are amended to read as follows:
290290 (a) The comptroller [energy office] is the supervising
291291 state agency for the small hospitals energy management program.
292292 (b) The comptroller [energy office] shall use competitive
293293 grant money under the program to finance projects designed to
294294 assist small hospitals in controlling energy costs.
295295 SECTION 23. Section 2306.6725(b), Government Code, is
296296 amended to read as follows:
297297 (b) The department shall provide appropriate incentives as
298298 determined through the qualified allocation plan to reward
299299 applicants who agree to:
300300 (1) equip the development that is the basis of the
301301 application with energy saving devices that meet applicable [the]
302302 standards [established by the state energy conservation office] or
303303 provide to a qualified entity, in a land use restriction agreement
304304 in accordance with Section 2306.6726, a right of first refusal to
305305 purchase the development at the minimum price provided in, and in
306306 accordance with the requirements of, Section 42(i)(7), Internal
307307 Revenue Code of 1986 (26 U.S.C. Section 42(i)(7)); and
308308 (2) locate the development in a census tract in which
309309 there are no other existing developments supported by housing tax
310310 credits.
311311 SECTION 24. Section 2306.252(b), Government Code, is
312312 amended to read as follows:
313313 (b) The department, through the center, shall:
314314 (1) provide educational material prepared in plain
315315 language to housing advocates, housing sponsors, borrowers, and
316316 tenants;
317317 (2) provide technical assistance to nonprofit housing
318318 sponsors;
319319 (3) assist in the development of housing policy,
320320 including the annual state low income housing plan and report and
321321 the consolidated plan; and
322322 (4) provide, in cooperation with the [state energy
323323 conservation office, the] Texas Commission on Environmental
324324 Quality[,] and other governmental entities, information on the use
325325 of sustainable and energy efficient housing construction products
326326 and assist local governments and nonprofits in identifying
327327 information on sustainable and energy efficient housing
328328 construction and energy efficient resources and techniques.
329329 SECTION 25. Section 2311.002(b), Government Code, is
330330 amended to read as follows:
331331 (b) The comptroller [State Energy Conservation Office]
332332 shall establish guidelines for the evaluation under Subsection (a).
333333 SECTION 26. Sections 388.003(a), (b), (b-2), (b-3), and
334334 (c), Health and Safety Code, are amended to read as follows:
335335 (a) To achieve energy conservation in single-family
336336 residential construction, the energy efficiency chapter of the
337337 International Residential Code, as it existed on May 1, 2001, is
338338 adopted as the energy code in this state for single-family
339339 residential construction. On September 1, 2016, the energy
340340 efficiency chapter of the International Residential Code, as it
341341 existed on May 1, 2015, is adopted as the energy code in this state
342342 for single-family residential construction. On or after September
343343 1, 2021, the comptroller [State Energy Conservation Office] may
344344 adopt and substitute for that energy code the latest published
345345 edition of the energy efficiency chapter of the International
346346 Residential Code, based on written findings on the stringency of
347347 the chapter submitted by the laboratory under Subsection
348348 (b-3). The comptroller [office]:
349349 (1) may not adopt an edition under this subsection
350350 more often than once every six years; and
351351 (2) by rule shall establish an effective date for an
352352 adopted edition that is not earlier than nine months after the date
353353 of adoption.
354354 (b) To achieve energy conservation in all other
355355 residential, commercial, and industrial construction, the
356356 International Energy Conservation Code as it existed on May 1,
357357 2001, is adopted as the energy code for use in this state for all
358358 other residential, commercial, and industrial construction. The
359359 comptroller [State Energy Conservation Office] may adopt and
360360 substitute for that energy code the latest published edition of the
361361 International Energy Conservation Code, based on written findings
362362 on the stringency of the edition submitted by the laboratory under
363363 Subsection (b-3). The comptroller [office] by rule shall
364364 establish an effective date for an adopted edition that is not
365365 earlier than nine months after the date of adoption.
366366 (b-2) The comptroller [State Energy Conservation Office] by
367367 rule shall establish a procedure for persons who have an interest in
368368 the adoption of energy codes under Subsection (a) or (b) to have an
369369 opportunity to comment on the codes under consideration. The
370370 comptroller [office] shall consider persons who have an interest in
371371 adoption of those codes to include:
372372 (1) commercial and residential builders, architects,
373373 and engineers;
374374 (2) municipal, county, and other local government
375375 authorities;
376376 (3) environmental groups; and
377377 (4) manufacturers of building materials and products.
378378 (b-3) The laboratory shall:
379379 (1) submit to the comptroller [State Energy
380380 Conservation Office] written findings on the stringency of the
381381 latest published edition of the International Residential Code
382382 energy efficiency provisions only if the date of the edition allows
383383 the comptroller [office] to adopt the edition under Subsection
384384 (a)(1);
385385 (2) submit to the comptroller [State Energy
386386 Conservation Office] written findings on the stringency of the
387387 latest published edition of the International Energy Conservation
388388 Code not later than six months after publication of a new edition;
389389 and
390390 (3) in developing the findings, consider the comments
391391 submitted under Subsection (b-2).
392392 (c) A municipality shall establish procedures:
393393 (1) for the administration and enforcement of the
394394 codes;
395395 (2) to ensure that code-certified inspectors shall
396396 perform inspections and enforce the code in the inspectors'
397397 jurisdictions; and
398398 (3) to track and report to the comptroller [state
399399 energy conservation office] on implementation of the codes.
400400 SECTION 27. Sections 388.005(d), (e), and (f), Health and
401401 Safety Code, are amended to read as follows:
402402 (d) A political subdivision, institution of higher
403403 education, or state agency that does not attain the goals
404404 established under Subsection (c) must include in the report
405405 required by Subsection (e) justification that the entity has
406406 already implemented all available cost-effective measures. An
407407 entity that submits a report under this subsection indicating that
408408 the entity has reviewed its available options, has determined that
409409 no additional measures are cost-effective, and has already
410410 implemented all available cost-effective measures is exempt from
411411 the annual reporting requirement of Subsection (e) if a subsequent
412412 report would indicate no change in status. [An entity may be
413413 required to provide notice that it is exempt to the State Energy
414414 Conservation Office.]
415415 (e) A political subdivision, institution of higher
416416 education, or state agency annually shall report to the comptroller
417417 [State Energy Conservation Office], on forms provided by the
418418 comptroller [that office], regarding the entity's goal, the
419419 entity's efforts to meet the goal, and progress the entity has made
420420 under this section. The comptroller [State Energy Conservation
421421 Office] shall provide assistance and information to the entity to
422422 help the entity meet goals established under this section. The
423423 comptroller [office] must develop and make available a standardized
424424 form for reporting purposes.
425425 (f) This section does not apply to a state agency or an
426426 institution of higher education that the comptroller [State Energy
427427 Conservation Office] determines, before September 1, 2007, adopted
428428 a plan for conserving energy under which the agency or institution
429429 established a percentage goal for reducing the consumption of
430430 electricity. The exemption provided by this section applies only
431431 while the agency or institution has an energy conservation plan in
432432 effect and only if the agency or institution submits reports on the
433433 conservation plan each year to the governor, the Legislative Budget
434434 Board, and the comptroller [State Energy Conservation Office].
435435 SECTION 28. Section 388.006, Health and Safety Code, is
436436 amended to read as follows:
437437 Sec. 388.006. [STATE ENERGY CONSERVATION OFFICE]
438438 EVALUATION BY COMPTROLLER. The comptroller [State Energy
439439 Conservation Office] annually shall provide the laboratory with an
440440 evaluation of the effectiveness of state and political subdivision
441441 energy efficiency programs, including programs under this
442442 chapter. The laboratory shall calculate, based on the evaluation
443443 and the forms submitted to the comptroller [office], the amount of
444444 energy savings and estimated reduction in pollution achieved as a
445445 result of the implementation of programs. The laboratory shall
446446 share the information with the commission, the United States
447447 Environmental Protection Agency, and the Electric Reliability
448448 Council of Texas to help with long-term forecasting and in
449449 estimating pollution reduction.
450450 SECTION 29. Section 302.001(9-a), Local Government Code, is
451451 amended to read as follows:
452452 (9-a) "Pilot program" means a pilot program operated
453453 by the Energy Systems Laboratory at the Texas A&M Engineering
454454 Experiment Station, in consultation with the Texas Facilities
455455 Commission [and the State Energy Conservation Office], that:
456456 (A) establishes and implements energy efficiency
457457 improvements to state-owned buildings maintained by the
458458 commission;
459459 (B) generates savings in utility costs resulting
460460 from the improvements resulting in at least a 30 percent annual
461461 return on the costs of the improvements;
462462 (C) provides for the participation of not fewer
463463 than two companies selected by the commission; and
464464 (D) provides for any money attributable to
465465 utility cost savings resulting from the pilot program to be
466466 appropriated only to the commission.
467467 SECTION 30. Section 39.905(b-3), Utilities Code, is amended
468468 to read as follows:
469469 (b-3) Beginning not later than January 1, 2008, the
470470 commission, in consultation with the comptroller [State Energy
471471 Conservation Office], annually for a period of five years shall
472472 compute and report to ERCOT the projected energy savings and demand
473473 impacts for each entity in the ERCOT region that administers
474474 standard offer programs, market transformation programs, combined
475475 heating and power technology, demand response programs, solar
476476 incentive programs, appliance efficiency standards, energy
477477 efficiency programs in public buildings, and any other relevant
478478 programs that are reasonably anticipated to reduce electricity
479479 energy or peak demand or that serve as substitutes for electric
480480 supply.
481481 SECTION 31. Sections 39.9051(f) and (g), Utilities Code,
482482 are amended to read as follows:
483483 (f) Beginning April 1, 2012, a municipally owned utility
484484 must report each year to the comptroller [State Energy Conservation
485485 Office], on a standardized form developed by the comptroller
486486 [office], information regarding the combined effects of the energy
487487 efficiency activities of the utility from the previous calendar
488488 year, including the utility's annual goals, programs enacted to
489489 achieve those goals, and any achieved energy demand or savings
490490 goals.
491491 (g) The comptroller [State Energy Conservation Office]
492492 shall provide the reports made under Subsection (f) to the Energy
493493 Systems Laboratory at the Texas Engineering Experiment Station of
494494 The Texas A&M University System. The laboratory shall calculate
495495 the energy savings and estimated pollution reductions that resulted
496496 from the reported activities.
497497 SECTION 32. Sections 39.9052(b) and (c), Utilities Code,
498498 are amended to read as follows:
499499 (b) Beginning April 1, 2012, an electric cooperative that
500500 had retail sales of more than 500,000 megawatt hours in 2005 must
501501 report each year to the comptroller [State Energy Conservation
502502 Office], on a standardized form developed by the comptroller
503503 [office], information regarding the combined effects of the energy
504504 efficiency activities of the electric cooperative from the previous
505505 calendar year, including the electric cooperative's annual goals,
506506 programs enacted to achieve those goals, and any achieved energy
507507 demand or savings goals.
508508 (c) The comptroller [State Energy Conservation Office]
509509 shall provide the reports made under Subsection (b) to the Energy
510510 Systems Laboratory at the Texas Engineering Experiment Station of
511511 The Texas A&M University System. The laboratory shall calculate
512512 the energy savings and estimated pollution reductions that resulted
513513 from the reported activities.
514514 SECTION 33. Section 39.911, Utilities Code, is amended to
515515 read as follows:
516516 Sec. 39.911. ALTERNATIVE FUNDING FOR ENERGY EFFICIENCY AND
517517 RENEWABLE ENERGY SYSTEMS. The comptroller [State Energy
518518 Conservation Office], in coordination with the governor, the
519519 Department of Agriculture, the Texas Commission on Environmental
520520 Quality, the Texas Education Agency, the commission, and other
521521 appropriate state agencies, shall solicit gifts, grants, and other
522522 financial resources available to fund energy efficiency
523523 improvements and renewable energy systems for public and private
524524 facilities in this state.
525525 SECTION 34. Section 39.914(e), Utilities Code, is amended
526526 to read as follows:
527527 (e) A municipally owned utility or electric cooperative
528528 shall consider and complete the determinations regarding net
529529 metering service as provided by the federal Public Utility
530530 Regulatory Policies Act of 1978 (16 U.S.C. Section 2601 et seq., as
531531 amended by the federal Energy Policy Act of 2005 (Pub. L.
532532 No. 109-58)) after proceedings conducted in accordance with that
533533 law. A municipally owned utility or electric cooperative shall
534534 report the determinations made under this subsection to the
535535 comptroller [State Energy Conservation Office] and include in that
536536 report information regarding metering electricity generated by
537537 solar panels on public school building rooftops.
538538 SECTION 35. The following provisions are repealed:
539539 (1) Section 55.115(c), Education Code;
540540 (2) Chapter 447, Government Code;
541541 (3) Section 2165.057(b), Government Code;
542542 (4) Section 2305.002(3), Government Code; and
543543 (5) Section 2305.034, Government Code.
544544 SECTION 36. (a) On the effective date of this Act, the State
545545 Energy Conservation Office is abolished.
546546 (b) The validity of an action taken by or in connection with
547547 the authority of the State Energy Conservation Office before the
548548 date the agency is abolished is not affected by the abolition.
549549 SECTION 37. On the effective date of this Act:
550550 (1) all powers and duties of the State Energy
551551 Conservation Office are transferred to the comptroller of public
552552 accounts;
553553 (2) a rule, form, policy, procedure, or decision of
554554 the State Energy Conservation Office continues in effect as a rule,
555555 form, policy, procedure, or decision of the comptroller of public
556556 accounts until superseded by an act of the comptroller;
557557 (3) a reference in law to the State Energy
558558 Conservation Office means the comptroller of public accounts;
559559 (4) any action or proceeding before the State Energy
560560 Conservation Office is transferred without change in status to the
561561 comptroller of public accounts and the comptroller assumes, without
562562 a change in status, the position of the State Energy Conservation
563563 Office in any action or proceeding to which the State Energy
564564 Conservation Office is a party;
565565 (5) all money, contracts, leases, rights, bonds, and
566566 obligations of the State Energy Conservation Office are transferred
567567 to the comptroller of public accounts;
568568 (6) all personal property, including records, in the
569569 custody of the State Energy Conservation Office becomes the
570570 property of the comptroller of public accounts; and
571571 (7) all funds appropriated by the legislature to the
572572 State Energy Conservation Office are transferred to the comptroller
573573 of public accounts.
574574 SECTION 38. This Act takes effect September 1, 2023.