By Combs H.B. No. 3086
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to implementing federal energy policy through the energy
1-3 management center.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subdivision (3), Section 2305.002, Government
1-6 Code, is amended to read as follows:
1-7 (3) "Energy office" means the energy office of the
1-8 General Services Commission <governor>.
1-9 SECTION 2. Section 2305.011, Government Code, is amended to
1-10 read as follows:
1-11 Sec. 2305.011. Administration by Governor And Energy Office.
1-12 (a) Subject to Section 2305.013, the governor may:
1-13 (1) finance a project under this chapter; and
1-14 (2) oversee and monitor the administration of a
1-15 program prescribed by this chapter.
1-16 (b) The governor may establish direct grant programs and
1-17 competitive grant programs in addition to the programs provided by
1-18 this chapter.
1-19 (c) The governor shall:
1-20 (1) determine the supervising state agency for each
1-21 competitive grant program and for each direct grant program
1-22 established by the governor; and
1-23 (2) establish programs and criteria and evaluate a
2-1 proposal in accordance with applicable federal guidelines<, and>
2-2 <(3) send to the appropriate federal entity all
2-3 information required under applicable federal guidelines>.
2-4 (d) The energy office shall send to the appropriate federal
2-5 entity all information required under applicable federal
2-6 guidelines.
2-7 (e) Criteria established under this section may apply
2-8 generally to all programs or specifically to one or more programs.
2-9 SECTION 3. Section 2305.037, Government Code, is amended to
2-10 read as follows:
2-11 Sec. 2305.037. Native American Restitutionary Program. (a)
2-12 The energy office is the <A> supervising state agency which shall
2-13 administer the Native American restitutionary program.
2-14 (b) The office <agency> shall distribute direct grant money
2-15 under the program to provide energy-related assistance to Native
2-16 Americans of this state.
2-17 SECTION 4. The heading of Chapter 447 and Section 447.001,
2-18 Government Code, are amended to read as follows:
2-19 CHAPTER 447. ENERGY MANAGEMENT CENTER <OF THE OFFICE
2-20 OF THE GOVERNOR>
2-21 Sec. 447.001. Establishment of Center. The energy
2-22 management center is established in the General Services Commission
2-23 and shall be authorized to promote those policies of the state
2-24 enumerated in this chapter <as a division of the office of the
2-25 governor>.
3-1 SECTION 5. Subsections (a), (c), and (d), Section 447.004,
3-2 Government Code, are amended to read as follows:
3-3 (a) The <Through the> energy management center<, the office
3-4 of the governor> shall adopt and publish energy conservation design
3-5 standards, under Chapter 2001, <the> Administrative Procedure <and
3-6 Texas Register> Act <(Article 6252-13a, Vernon's Texas Civil
3-7 Statutes)>, that all new state buildings and major renovation
3-8 projects, including buildings and major renovation projects of
3-9 state-supported institutions of higher education, are required to
3-10 meet. The center <office of the governor> shall define what
3-11 constitutes a major renovation project under this section and shall
3-12 review and update the standards biennially.
3-13 (c) The standards must be adopted in terms of energy
3-14 consumption levels and must take into consideration the various
3-15 classes of building uses and must allow for design flexibility.
3-16 Procedural standards must be directed toward specific design and
3-17 building practices that produce good thermal resistance and low
3-18 infiltration and toward requiring practices in the design of
3-19 mechanical and electrical systems that maximize energy efficiency.
3-20 The procedural standards must concern, as applicable:
3-21 (1) insulation;
3-22 (2) lighting;
3-23 (3) ventilation;
3-24 (4) climate control;
3-25 (5) special energy requirements of health-related
4-1 facilities of higher education and state agencies; and
4-2 (6) any other item that the center <office of the
4-3 governor> considers appropriate that is adopted under Chapter 2001,
4-4 <the> Administrative Procedure <and Texas Register> Act <(Article
4-5 6252-13a, Vernon's Texas Civil Statutes)>.
4-6 (d) In order to demonstrate compliance with the requirement
4-7 to adopt and update the conservation design standards, each agency
4-8 and institution of higher education shall submit a copy of its
4-9 design and construction manuals to the center <office of the
4-10 governor> on request.
4-11 SECTION 6. Sections 447.005, 447.006, and 447.007,
4-12 Government Code, are amended to read as follows:
4-13 Sec. 447.005. Energy Efficiency Projects. Subject to
4-14 applicable state and federal laws or guidelines, the <office of the
4-15 governor, through the> energy management center<,> may implement
4-16 energy efficiency projects at state agencies or may assist those
4-17 agencies in implementing the projects through energy efficiency
4-18 programs financed through state or federal grants or loans.
4-19 Sec. 447.006. Obtaining Data. The energy management center
4-20 <office of the governor> shall obtain semiannually from each state
4-21 agency information relating to the cost of heating and cooling
4-22 buildings owned by the state.
4-23 Sec. 447.007. Model Codes. The energy management center
4-24 <office of the governor> may recommend model energy conservation
4-25 building codes to municipalities for use in enacting or amending
5-1 municipal ordinances.
5-2 SECTION 7. Subsections (a) and (e), Section 447.008,
5-3 Government Code, are amended to read as follows:
5-4 (a) The <Through the> energy management center<, the office
5-5 of the governor> may provide additional energy services, including:
5-6 (1) training of designated state employees in energy
5-7 management, energy-accounting techniques, and energy efficient
5-8 design and construction;
5-9 (2) technical assistance regarding energy efficient
5-10 capital improvements, energy efficient building design, and
5-11 cogeneration and thermal storage investments;
5-12 (3) technical assistance to the State Auditor and to
5-13 state agencies regarding conducting energy management performance
5-14 audits and monitoring of utility bills to detect billing errors;
5-15 (4) technical assistance to state agencies regarding
5-16 third-party financing of energy efficient capital improvement
5-17 projects; and
5-18 (5) other energy-related assistance requested by
5-19 agencies, other legislatively created entities of the state,
5-20 institutions of higher education, and consortiums of institutions
5-21 of higher education that the center <office of the governor>
5-22 considers appropriate.
5-23 (e) Using available funds from any source where permitted,
5-24 the energy management center may assist state agencies,
5-25 legislatively created entities of the state, institutions of higher
6-1 education, and consortiums of institutions of higher education to
6-2 further the goals and pursue the policies of the state in energy
6-3 research as may be determined by the governor or the legislature.
6-4 The energy management center may assist state agencies, which are
6-5 hereby authorized to act in accordance with this section, in
6-6 implementing federal energy policy as expressed in Pub. L. No.
6-7 102-486, 106 Stat. 2776 (1992).
6-8 SECTION 8. Subsection (a), Section 447.011, Government Code,
6-9 is amended to read as follows:
6-10 (a) The <Through the> energy management center<, the office
6-11 of the governor> shall provide energy management planning
6-12 assistance to state agencies and institutions of higher education,
6-13 including:
6-14 (1) preparation of a long-range plan for the delivery
6-15 of reliable, cost-effective utility services for state agencies,
6-16 institutions of higher education, boards, and commissions in Travis
6-17 County. This plan shall be presented to the affected agencies for
6-18 use in preparing their five-year construction and major
6-19 rehabilitation plans. After other energy-saving alternatives are
6-20 considered, district heating and cooling and on-site generation of
6-21 electricity may be considered in planning for reliable, efficient,
6-22 and cost-effective utility services;
6-23 (2) assistance to the Department of Public Safety for
6-24 energy emergency contingency planning, using state or federal funds
6-25 when available; and
7-1 (3) assistance to state agencies and institutions of
7-2 higher education in preparing comprehensive energy management
7-3 plans. The energy management center shall prepare guidelines for
7-4 the preparation of these plans. State agencies and institutions of
7-5 higher education that expend more than $250,000 annually for
7-6 heating, lighting, and cooling and that occupy state-owned
7-7 buildings shall prepare and submit a five-year energy management
7-8 plan to the center <office of the governor>. Agencies and
7-9 institutions of higher education with smaller usage may be required
7-10 to submit such plans. Updated plans shall be submitted biennially
7-11 when requested by the center <governor>.
7-12 SECTION 9. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended,
7-17 and that this Act take effect and be in force from and after its
7-18 passage, and it is so enacted.