TX
Texas House Bill HB4811

Texas 2023 - 88th Regular

Texas House Bill HB4811 Compare Versions

OldNewDifferences
11 By: Anchía, Guillen, Hernandez, Geren H.B. No. 4811
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the creation of the Texas Energy Efficiency Council.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subtitle A, Title 2, Utilities Code, is amended
99 by adding Chapter 18 to read as follows:
1010 CHAPTER 18. TEXAS ENERGY EFFICIENCY COUNCIL
1111 Sec. 18.001. DEFINITIONS. In this chapter:
1212 (1) "Council" means the Texas Energy Efficiency
1313 Council.
1414 (2) "Energy efficiency program" means a program
1515 designed to:
1616 (A) increase efficient energy use;
1717 (B) reduce energy consumption during periods of
1818 peak energy demand;
1919 (C) optimize energy consumption;
2020 (D) identify and realize the benefits of energy
2121 efficient building design standards; or
2222 (E) fund the implementation of energy cost
2323 reduction measures.
2424 (3) "Measure" means a direct measurement or modeling
2525 of energy efficiency performance over a 12-month period.
2626 (4) "Program administrator" includes any of the
2727 following entities that administer an energy efficiency program:
2828 (A) a state agency, including the commission, the
2929 Texas Water Development Board, the State Energy Conservation
3030 Office, the Texas Commission on Environmental Quality, and the
3131 Texas Department of Housing and Community Affairs;
3232 (B) a political subdivision; or
3333 (C) a private or public provider of electricity,
3434 gas, or water utility service, including an electric cooperative or
3535 municipally owned utility.
3636 Sec. 18.002. PURPOSE. The Texas Energy Efficiency Council
3737 is a council established in the commission to:
3838 (1) provide a statewide collaborative approach to
3939 promoting energy efficiency;
4040 (2) measure, evaluate, and report on energy efficiency
4141 performance in this state;
4242 (3) monitor energy efficiency programs in this state;
4343 (4) make recommendations for improving energy
4444 efficiency programs in this state;
4545 (5) monitor and facilitate opportunities for
4646 coordination and leveraging of federal funding from the United
4747 States Department of Energy, United States Department of Housing
4848 and Urban Development, and other federal agencies that can be used
4949 by state agencies and political subdivisions for the purposes of
5050 enhancing energy efficiency;
5151 (6) provide a central repository for information on
5252 statewide energy efficiency performance and opportunities to
5353 participate in energy efficiency programs in this state; and
5454 (7) promote continuous improvement in energy
5555 efficiency performance in this state.
5656 Sec. 18.003. ENERGY EFFICIENCY PROGRAM POLICIES. A program
5757 administrator shall establish measurable performance criteria and
5858 share the results with the council when creating or implementing an
5959 energy efficiency program.
6060 Sec. 18.004. COUNCIL MEMBERSHIP. (a) The council is
6161 composed of the following 16 members:
6262 (1) nine ex officio members as follows:
6363 (A) the presiding officer of the Texas Commission
6464 on Environmental Quality;
6565 (B) the chief executive officer of the Electric
6666 Reliability Council of Texas;
6767 (C) the presiding officer of the commission;
6868 (D) the comptroller;
6969 (E) the director of the Texas Department of
7070 Housing and Community Affairs;
7171 (F) the executive director of the Texas Economic
7272 Development and Tourism Office;
7373 (G) the chairman of the Texas Water Development
7474 Board;
7575 (H) the director of the Energy Systems Laboratory
7676 at the Texas A&M Engineering Experiment Station of The Texas A&M
7777 University System; and
7878 (I) the chief executive of the Office of Public
7979 Utility Counsel; and
8080 (2) seven public members appointed by the presiding
8181 officer of the commission as follows:
8282 (A) one member must have experience in the field
8383 of engineering;
8484 (B) one member must have experience in the field
8585 of public or private finance;
8686 (C) one member must have experience in the field
8787 of law or business;
8888 (D) one member must have experience in the field
8989 of environmental stewardship;
9090 (E) one member must have experience in the field
9191 of electric utility operation;
9292 (F) one member must have experience in the field
9393 of industrial operation; and
9494 (G) one member must have business experience in
9595 the implementation of energy efficiency programs.
9696 (b) An ex officio member may designate a person from the
9797 member's agency to serve in the member's place.
9898 (c) The presiding officer of the council may designate a
9999 person to represent an appointed member in any meeting if the person
100100 meets the qualifications required by Subsection (a)(2).
101101 (d) The ex officio members and the appointed members serve
102102 as voting members of the council.
103103 (e) The presiding officer of the commission or the employee
104104 designated by the presiding officer shall serve as presiding
105105 officer of the council.
106106 (f) The council shall meet at least two times per year at the
107107 call of the presiding officer.
108108 (g) Council members may not receive compensation for
109109 services but, subject to the availability of funding, may receive
110110 reimbursement for actual and necessary expenses incurred while
111111 performing council business.
112112 (h) Appointments to council positions shall be made without
113113 regard to the race, color, disability, sex, religion, age, or
114114 national origin of the appointees.
115115 Sec. 18.005. TERMS; VACANCY. (a) Appointed council
116116 members serve staggered four-year terms, with the terms of one or
117117 two members, as applicable, expiring on February 1.
118118 (b) A vacancy on the council in the position of an appointed
119119 council member shall be filled in the same manner as the original
120120 appointment. The person appointed serves for the remainder of the
121121 unexpired term.
122122 Sec. 18.006. GROUNDS FOR REMOVAL. (a) It is a ground for
123123 removal from the council that a member:
124124 (1) described by Section 18.004(a)(1) does not
125125 maintain during service on the council the qualifications required
126126 by that subdivision;
127127 (2) cannot, because of illness or disability,
128128 discharge the member's duties for a substantial part of the member's
129129 term; or
130130 (3) is absent from more than half of the regularly
131131 scheduled council meetings that the member is eligible to attend
132132 during a calendar year without an excuse approved by a majority vote
133133 of the council.
134134 (b) The validity of an action of the council is not affected
135135 by the fact that it is taken when a ground for removal of a council
136136 member exists.
137137 (c) If the presiding officer has knowledge that a potential
138138 ground for removal exists, the presiding officer shall notify the
139139 appointing authority and the attorney general that a potential
140140 ground for removal exists.
141141 Sec. 18.007. ADMINISTRATIVE SUPPORT. The commission shall
142142 provide the council with administrative support, including meeting
143143 space and staff necessary to assist the council in carrying out the
144144 council's duties under this chapter.
145145 Sec. 18.008. ENERGY EFFICIENCY PROGRAM MONITORING AND
146146 RECOMMENDATIONS. (a) The council shall measure, evaluate, and
147147 report on energy efficiency performance in this state.
148148 (b) The council shall monitor energy efficiency programs in
149149 this state.
150150 (c) The council may submit to a program administrator
151151 recommendations on means to encourage greater energy efficiency on
152152 a regular basis. The council may submit to a program administrator
153153 that administers a program described by Section 39.905
154154 recommendations to assure better coordination between local,
155155 state, federal, and private energy efficiency programs for the
156156 purposes of Section 39.905.
157157 Sec. 18.009. OFFICIAL INTERNET WEBSITE. The council shall
158158 develop and maintain an official Internet website for the
159159 publication of information as required by this chapter.
160160 Sec. 18.010. LIST OF ENERGY EFFICIENCY PROGRAMS. (a) The
161161 council shall:
162162 (1) develop a list of currently operating energy
163163 efficiency programs in this state and publish the list on the
164164 official Internet website maintained under Section 18.009; and
165165 (2) work with the State Energy Conservation Office and
166166 the commission to develop and publish on the official Internet
167167 website maintained under Section 18.009 a user-friendly page that
168168 allows a consumer to search by the consumer's address energy
169169 efficiency programs available in the consumer's service area.
170170 (b) The State Energy Conservation Office and the commission
171171 each shall provide a link on their Internet websites to the page
172172 described by Subsection (a)(2).
173173 Sec. 18.011. CONFIDENTIALITY OF CERTAIN INFORMATION. (a)
174174 Except as provided by this section, the council is not subject to
175175 Chapter 551 or 552, Government Code.
176176 (b) Information written, produced, collected, assembled, or
177177 maintained under law or in connection with the transaction of
178178 official business by the council or an officer or employee of the
179179 council is subject to Section 552.008, Government Code, in the same
180180 manner as public information.
181181 Sec. 18.012. BIENNIAL PERFORMANCE REPORT. (a) The council
182182 biennially shall prepare a report on energy efficiency performance
183183 in this state. The council shall submit the report to the
184184 legislature not later than January 15 of each odd-numbered year.
185185 (b) The report must include:
186186 (1) a comprehensive review of the energy efficiency
187187 programs on the list required by Section 18.010, including initial
188188 capital investment, ongoing operating expenses, and energy savings
189189 benefits of the programs;
190190 (2) statewide energy efficiency performance by sector
191191 and county; and
192192 (3) recommendations for improving energy efficiency
193193 programs in this state.
194194 (c) The report may include:
195195 (1) criteria developed by the council for evaluating
196196 and measuring energy efficiency programs in this state;
197197 (2) opportunities for continuous improvement in
198198 energy efficiency performance in this state; and
199199 (3) recommendations for creating new energy
200200 efficiency programs in this state.
201201 (d) The council shall publish the report on the official
202202 Internet website maintained under Section 18.009.
203203 Sec. 18.013. APPLICABILITY OF ADVISORY COMMITTEE LAW.
204204 Chapter 2110, Government Code, does not apply to the council.
205205 SECTION 2. As soon as practicable after the effective date
206206 of this Act, the presiding officer of the Public Utility Commission
207207 of Texas shall appoint members to the Texas Energy Efficiency
208208 Council in accordance with Section 18.004, Utilities Code, as added
209209 by this Act.
210210 SECTION 3. This Act takes effect immediately if it receives
211211 a vote of two-thirds of all the members elected to each house, as
212212 provided by Section 39, Article III, Texas Constitution. If this
213213 Act does not receive the vote necessary for immediate effect, this
214214 Act takes effect September 1, 2023.