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 <office of
    3-4  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.  Subsection (a), Section 447.008, Government Code,
    5-3  is amended to read as follows:
    5-4        (a)  The <Through the> energy management center<, office of
    5-5  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        (b)  Using available state, federal, or oil overcharge funds,
   5-24  the energy management center may assist state agencies and
   5-25  institutions of higher education in analyzing and negotiating rates
    6-1  for electricity and natural gas supplies from locally certificated
    6-2  electric suppliers, natural gas suppliers, or state-owned energy
    6-3  resources, including transportation charges for natural gas.  The
    6-4  provisions of this section shall not be construed to empower the
    6-5  energy management center to negotiate on behalf of state agencies
    6-6  or institutions but rather to provide technical assistance as
    6-7  needed.
    6-8        (c)  Agencies and institutions of higher education may seek
    6-9  the assistance of the energy management center before negotiating
   6-10  or contracting for the supply and transportation of natural gas and
   6-11  electricity that will result in an anticipated annual expenditure
   6-12  of more than $100,000.
   6-13        (d)  Any state agency or institution of higher education with
   6-14  expertise in rate analysis, negotiation, or any other matter
   6-15  related to the procurement of electricity and natural gas supplies
   6-16  from locally certificated electric suppliers, natural gas
   6-17  suppliers, or state-owned energy resources may assist the energy
   6-18  management center whenever practicable.
   6-19        (e)  Using available funds from any source where permitted,
   6-20  the energy management center may assist state agencies,
   6-21  legislatively created entities of the state, institutions of higher
   6-22  education, and consortiums of institutions of higher education to
   6-23  further the goals and pursue the policies of the state in energy
   6-24  research as may be determined by the governor or the legislature.
   6-25  The energy management center may assist state agencies, which are
    7-1  hereby authorized to act in accordance with this section, in
    7-2  implementing federal energy policy as expressed in P.L. No.
    7-3  102-486, 106 Stat. 2776 (1992).
    7-4        SECTION 8.  Subsection (a), Section 447.011, Government Code,
    7-5  is amended to read as follows:
    7-6        (a)  The <Through the> energy management center<, the office
    7-7  of the governor> shall provide energy management planning
    7-8  assistance to state agencies and institutions of higher education,
    7-9  including:
   7-10              (1)  preparation of a long-range plan for the delivery
   7-11  of reliable, cost-effective utility services for state agencies,
   7-12  institutions of higher education, boards, and commissions in Travis
   7-13  County.  This plan shall be presented to the affected agencies for
   7-14  use in preparing their five-year construction and major
   7-15  rehabilitation plans.  After other energy-saving alternatives are
   7-16  considered, district heating and cooling and on-site generation of
   7-17  electricity may be considered in planning for reliable, efficient,
   7-18  and cost-effective utility services;
   7-19              (2)  assistance to the Department of Public Safety for
   7-20  energy emergency contingency planning, using state or federal funds
   7-21  when available; and
   7-22              (3)  assistance to state agencies and institutions of
   7-23  higher education in preparing comprehensive energy management
   7-24  plans.  The energy management center shall prepare guidelines for
   7-25  the preparation of these plans.  State agencies and institutions of
    8-1  higher education that expend more than $250,000 annually for
    8-2  heating, lighting, and cooling and that occupy state-owned
    8-3  buildings shall prepare and submit a five-year energy management
    8-4  plan to the center <office of the governor>.  Agencies and
    8-5  institutions of higher education with smaller usage may be required
    8-6  to submit such plans.  Updated plans shall be submitted biennially
    8-7  when requested by the center <governor>.
    8-8        SECTION 9.  The importance of this legislation and the
    8-9  crowded condition of the calendars in both houses create an
   8-10  emergency and an imperative public necessity that the
   8-11  constitutional rule requiring bills to be read on three several
   8-12  days in each house be suspended, and this rule is hereby suspended,
   8-13  and that this Act take effect and be in force from and after its
   8-14  passage and it is so enacted.