BILL ANALYSIS H.B. 3086 By: COMBS May 4, 1995 Committee Report (Unamended) BACKGROUND For many years Texas has had an energy office serving as the entity to administer the expenditure of the state's oil overcharge funds. As concerns about energy management, conservation of natural resources, utility rates and other energy matters became more important, the state established an energy management center to implement the state's energy policies. This center was created as a part of the Governor's energy office. The Governor has indicated a desire to move the energy office and the energy management center to the General Services Commission (GSC), a state agency already involved in many of the activities of the energy management center. The GSC is larger than the Governor's office and better suited to perform the coordination and implementation necessary to achieve the goals of the state. The energy management center will be well-positioned to serve as the state office liaison for federal energy policy as well. The energy management center is directed to involve itself with training, providing technical assistance, and assisting with planning for the state as well. PURPOSE H.B. 3086 would transfer the energy office and the energy management center from the Governor's office to the General Services Commission. It provides additional direction to the energy management center and specifically authorizes it to work with other state agencies to implement the state's energy policies and federal energy policy. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends subdivision (3), Section 2305.002, Government Code, to transfer the energy office from the Governor's office to the General Services Commission. SECTION 2. Amends Section 2305.011, Government Code, to allow the energy office to send all information required under federal guidelines to the appropriate federal entities. SECTION 3. Amends Section 2305.037, Government Code, by describing the energy office as the supervising state agency to administer the Native American Restitutionary Program and distribute grant money under the program to provide energy-related assistance. SECTION 4. Amends the heading of Chapter 447 and amends Section 447.001, Government Code, by establishing the energy management center in the General Services Commission and authorizing the center to promote the policies of the state enumerated in this chapter. SECTION 5. Amends Subsections (a), (c), and (d), Section 447.004, Local Government Code, as follows: Subsection (a) requires the energy management center to adopt and publish energy conservation design standards under Chapter 2001, Administrative Procedures Act. All new state buildings and major renovations must meet these standards. Requires the center to define a major renovation project. Subsection (c) allows the center (rather than the Governor's office) to determine items that could be improved to maximize energy efficiency (in addition to lighting, insulation, climate control, etc.). Subsection (d) requires copies of design construction manuals to be sent to the center rather than the Governor. SECTION 6. Amends Sections 447.005, 447.006, and 447.007, Government Code to replace references to the "office of the governor" with "energy management center". SECTION 7. Amends Section 447.008, Government Code, as follows: Subsection (a) transfers to the energy management center authority to provide additional energy services and assist state agencies to implement federal energy policy. Removes this authority from the office of the Governor. Subsection (e) Authorizes the energy management center to assist state agencies in implementing federal energy policy. State agencies are also authorized to act in accordance with this section and implement federal energy policy. SECTION 8. Amends Subsection (a), Section 447.011, Government Code, to transfer authority from the Governor to the energy management center to provide energy management planning assistance to state agencies and institutions of higher learning. Additionally requires those agencies and institutions to prepare and submit to the center a five-year energy management plan. The center may require biennial plans if requested. SECTION 9. Emergency Clause. Effective Date: Upon Passage. SUMMARY OF COMMITTEE ACTION H.B. 3086 was considered by the Energy Resources Committee in a public hearing on April 24, 1995. The bill was laid on the table subject to call without objection. H.B. 3086 was considered by the Energy Resources Committee in a formal meeting on May 3, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 PNV, and 2 absent.