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Texas Senate Bill SB2404

Texas 2023 - 88th Regular

Texas Senate Bill SB2404 Compare Versions

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11 By: Schwertner S.B. No. 2404
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33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the creation of the Texas Energy Efficiency Council to
77 foster collaboration, coordination, and communication to enhance
88 the state's energy efficiency performance; and strategically
99 utilize the state's resources to optimize the benefits of energy
1010 efficiency programs.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle A, Title 2, Utilities Code, is amended
1313 by adding Chapter 18 to read as follows:
1414 CHAPTER 18. TEXAS ENERGY EFFICIENCY COUNCIL.
1515 Sec. 18.001. DEFINITIONS. In this chapter:
1616 (1) "Council" means the Texas Energy Efficiency
1717 Council.
1818 (2) "Energy efficiency program" means a program that
1919 uses state or federal funding to:
2020 (A) effect more efficient energy use;
2121 (B) reduce energy consumption during periods of
2222 peak energy demand;
2323 (C) optimize energy consumption;
2424 (D) capture the benefits of energy efficient
2525 building design standards; or
2626 (E) fund the implementation of energy cost
2727 reduction measures.
2828 (3) "Program administrator" includes any of the
2929 following entities that administer an energy efficiency program:
3030 (A) a state agency, including the commission, the
3131 Texas Water Development Board, the State Energy Conservation
3232 Office, the Texas Commission on Environmental Quality, and the
3333 Texas Department of Housing and Community Affairs;
3434 (B) a political subdivision; or
3535 (C) a private or public provider of electricity,
3636 gas, or water utility service, including an electric cooperative or
3737 municipally owned utility.
3838 Sec. 18.002. PURPOSE. The Texas Energy Efficiency Council
3939 is a council established to:
4040 (1) monitor energy efficiency programs in this state;
4141 (2) make recommendations for improving energy
4242 efficiency programs in this state;
4343 (3) monitor and facilitate for coordination and
4444 leveraging of federal funding from the United States Department of
4545 Energy, United States Department of Housing and Urban Development,
4646 and other federal agencies that can be used by state agencies and
4747 political subdivisions for the purposes of enhancing energy
4848 efficiency; and
4949 (4) provide a central repository for information on
5050 statewide energy efficiency performance and opportunities to
5151 participate in energy efficiency programs in this state;
5252 (5) provide a statewide collaborative approach to
5353 promoting energy efficiency;
5454 (6) measure, evaluate, and report on energy efficiency
5555 performance in this state; and
5656 (7) promote continuous improvement in energy
5757 efficiency performance in this state.
5858 Sec. 18.003. ENERGY EFFICIENCY PROGRAM POLICIES. A program
5959 administrator shall establish measurable performance criteria and
6060 share the results with the council when creating or implementing
6161 energy efficiency programs.
6262 Sec. 18.004. COUNCIL MEMBERSHIP. (a) The council is
6363 composed of the following 16 members:
6464 (1) nine ex officio members as follows:
6565 (A) the presiding officer of the Texas Commission
6666 on Environmental Quality or their designee;
6767 (B) the chief executive officer of the Electric
6868 Reliability Council of Texas or their designee ;
6969 (C) the presiding officer of the commission or
7070 their designee;
7171 (D) the comptroller or their designee;
7272 (E) the presiding officer of the Texas Department
7373 of Housing and Community Affairs or their designee;
7474 (F) the executive director of the Texas Economic
7575 Development and Tourism Office or their designee;
7676 (G) the presiding officer of the Texas Water
7777 Development Board or their designee;
7878 (H) the director of the Energy Systems Laboratory
7979 at the Texas A&M Engineering Experiment Station of The Texas A&M
8080 University System or their designee; and
8181 (I) the chief executive of the Office of Public
8282 Utility Counsel or their designee; and
8383 (2) seven public members appointed by the presiding
8484 officer of the commission as follows:
8585 (A) one member must have experience in the field
8686 of engineering;
8787 (B) one member must have experience in the field
8888 of industrial operation;
8989 (C) one member must have experience in the field
9090 of environmental stewardship;
9191 (D) one member must have experience in the field
9292 of electric utility operation; and
9393 (E) one member must have experience in the field
9494 of business that implements energy efficiency programs.
9595 (F) one member must have experience in the field
9696 of public or private finance;
9797 (G) one member must have experience in the field
9898 of law or business.
9999 (b) The ex officio members and the appointed members serve
100100 as voting members of the council.
101101 (c) The presiding officer of the commission or their
102102 designee shall serve as presiding officer of the council.
103103 (d) The council shall meet at least two times per year at the
104104 call of the presiding officer. The council may meet at other times
105105 the council considers appropriate. The presiding officer may call a
106106 meeting on the officer's motion.
107107 (e) Council members may not receive compensation for
108108 services but, subject to the availability of funding, may receive
109109 reimbursement for actual and necessary expenses incurred while
110110 performing council business.
111111 (f) Appointments to council positions shall be made without
112112 regard to the race, color, disability, sex, religion, age, or
113113 national origin of the appointees.
114114 (g) An ex officio member may designate a person from the
115115 member's agency to represent the member in any meeting.
116116 (h) The presiding officer of the council may designate a
117117 person to represent the public member in any meeting if the person
118118 meets the qualifications required by subsection (a)(2).
119119 Sec. 18.005. TERMS; VACANCY. (a) Appointed council
120120 members serve staggered four-year terms, with the terms of two or
121121 three members, as applicable, expiring on February 1.
122122 (b) A vacancy on the council in the position of an appointed
123123 council member shall be filled in the same manner as the original
124124 appointment. The person appointed serves for the remainder of the
125125 unexpired term.
126126 Sec. 18.006. GROUNDS FOR REMOVAL. (a) It is a ground for
127127 removal from the council that a member:
128128 (1) described by Section 18.004(a)(1) does not
129129 maintain during service on the council the qualifications required
130130 by that subdivision;
131131 (2) cannot, because of illness or disability,
132132 discharge the member's duties for a substantial part of the member's
133133 term; or
134134 (3) is absent from more than half of the regularly
135135 scheduled council meetings that the member is eligible to attend
136136 during a calendar year without an excuse approved by a majority vote
137137 of the council.
138138 (b) The validity of an action of the council is not affected
139139 by the fact that it is taken when a ground for removal of a council
140140 member exists.
141141 (c) If the presiding officer has knowledge that a potential
142142 ground for removal exists, the presiding officer shall notify the
143143 appointing authority and the attorney general that a potential
144144 ground for removal exists.
145145 Sec. 18.007. ADMINISTRATIVE SUPPORT. The commission shall
146146 provide the council with administrative support, including meeting
147147 space and staff necessary to assist the council in carrying out the
148148 council's duties under this chapter.
149149 Sec. 18.008. ENERGY EFFICIENCY PROGRAM MONITORING AND
150150 RECOMMENDATIONS. (a) The council shall measure, evaluate, and
151151 report energy efficiency performance in this state.
152152 (b) The council may submit to a program administrator
153153 recommendations on means to encourage greater energy efficiency on
154154 a regular basis. The council may submit to a program administrator
155155 that administers a program described by Section 39.905
156156 recommendations to assure better coordination between local,
157157 state, federal, and private energy efficiency programs for the
158158 purposes of Section 39.905.
159159 (c) The council shall monitor energy efficiency programs in
160160 this state.
161161 Sec. 18.009. OFFICIAL INTERNET WEBSITES. The council shall
162162 use the following official Internet websites for the publication of
163163 information as required by this chapter:
164164 (1) the website of the State Energy Conservation
165165 Office; and
166166 (2) the website of the commission.
167167 Sec. 18.010. LIST OF ENERGY EFFICIENCY PROGRAMS. (a) The
168168 council shall:
169169 (1) develop a list of currently operating energy
170170 efficiency programs in this state and publish the list on the
171171 official Internet websites under Section 18.009; and
172172 (2) work with the State Energy Conservation Office and
173173 the commission to develop and publish on the official Internet
174174 websites under Section 18.009 a user-friendly page that allows a
175175 consumer to search by the consumer's address energy efficiency
176176 programs available in the consumer's service area.
177177 (b) The State Energy Conservation Office and the commission
178178 shall each provide a link on their Internet websites to the page
179179 described by Subsection (a)(2).
180180 Sec. 18.011. BIENNIAL PERFORMANCE REPORT. (a) The council
181181 biennially shall prepare a report on energy efficiency performance
182182 in this state. The council shall submit the report to the
183183 legislature not later than October 1 of each even-numbered year.
184184 (b) The report must include:
185185 (1) a comprehensive review of the energy efficiency
186186 programs on the list required by Section 18.010, including initial
187187 capital investment, ongoing operating expenses and energy savings
188188 benefits of the programs.
189189 (2) statewide energy efficiency performance by sector
190190 and geographic region ; and
191191 (3) recommendations for improving energy efficiency
192192 programs in this state.
193193 (c) The report may include:
194194 (1) recommendations for creating new energy
195195 efficiency programs in this state;
196196 (2) criteria developed by the council for evaluating
197197 and measuring the effectiveness of energy efficiency programs in
198198 this state; and
199199 (3) opportunities for continuous improvement in
200200 energy efficiency performance in this state.
201201 (d) The council shall publish the report on the official
202202 Internet websites under Section 18.009.
203203 Sec. 18.012. INFORMATION.(a) Except as provided by this
204204 section, meetings of the council and information obtained or
205205 created by the council are not subject to Chapter 551 or 552,
206206 Government Code.
207207 (b) Information written, produced, collected, assembled, or
208208 maintained under law or in connection with the transaction of
209209 official business by the council or an officer or employee of the
210210 council is subject to Section 552.008, Government Code, in the same
211211 manner as public information.
212212 Sec. 18.013. APPLICABILITY OF ADVISORY COMMITTEE LAW.
213213 Chapter 2110, Government Code, does not apply to the council.
214214 SECTION 2. As soon as practicable after the effective date
215215 of this Act, the presiding officer of the Public Utility Commission
216216 of Texas shall appoint members to the Texas Energy Efficiency
217217 Council in accordance with Section 18.004, Utilities Code, as added
218218 by this Act.
219219 SECTION 3. This Act takes effect immediately if it receives
220220 a vote of two-thirds of all the members elected to each house, as
221221 provided by Section 39, Article III, Texas Constitution. If this
222222 Act does not receive the vote necessary for immediate effect, this
223223 Act takes effect September 1, 2023.