1-1  By:  Combs (Senate Sponsor - Armbrister)              H.B. No. 3086
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 18, 1995, read first time and referred to Committee on State
    1-4  Affairs; May 25, 1995, reported favorably by the following vote:
    1-5  Yeas 7, Nays 0; May 25, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to implementing federal energy policy through the energy
    1-9  management center.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subdivision (3), Section 2305.002, Government
   1-12  Code, is amended to read as follows:
   1-13              (3)  "Energy office" means the energy office of the
   1-14  General Services Commission <governor>.
   1-15        SECTION 2.  Section 2305.011, Government Code, is amended to
   1-16  read as follows:
   1-17        Sec. 2305.011.  Administration by Governor And Energy Office.
   1-18  (a)  Subject to Section 2305.013, the governor may:
   1-19              (1)  finance a project under this chapter; and
   1-20              (2)  oversee and monitor the administration of a
   1-21  program prescribed by this chapter.
   1-22        (b)  The governor may establish direct grant programs and
   1-23  competitive grant programs in addition to the programs provided by
   1-24  this chapter.
   1-25        (c)  The governor shall:
   1-26              (1)  determine the supervising state agency for each
   1-27  competitive grant program and for each direct grant program
   1-28  established by the governor; and
   1-29              (2)  establish programs and criteria and evaluate a
   1-30  proposal in accordance with applicable federal guidelines<, and>
   1-31              <(3)  send to the appropriate federal entity all
   1-32  information required under applicable federal guidelines>.
   1-33        (d)  The energy office shall send to the appropriate federal
   1-34  entity all information required under applicable federal
   1-35  guidelines.
   1-36        (e)  Criteria established under this section may apply
   1-37  generally to all programs or specifically to one or more programs.
   1-38        SECTION 3.  Section 2305.037, Government Code, is amended to
   1-39  read as follows:
   1-40        Sec. 2305.037.  Native American Restitutionary Program.  (a)
   1-41  The energy office is the <A> supervising state agency which shall
   1-42  administer the Native American restitutionary program.
   1-43        (b)  The office <agency> shall distribute direct grant money
   1-44  under the program to provide energy-related assistance to Native
   1-45  Americans of this state.
   1-46        SECTION 4.  The heading of Chapter 447 and Section 447.001,
   1-47  Government Code, are amended to read as follows:
   1-48         CHAPTER 447.  ENERGY MANAGEMENT CENTER <OF THE OFFICE
   1-49                           OF THE GOVERNOR>
   1-50        Sec. 447.001.  Establishment of Center.  The energy
   1-51  management center is established in the General Services Commission
   1-52  and shall be authorized to promote those policies of the state
   1-53  enumerated in this chapter <as a division of the office of the
   1-54  governor>.
   1-55        SECTION 5.  Subsections (a), (c), and (d), Section 447.004,
   1-56  Government Code, are amended to read as follows:
   1-57        (a)  The <Through the> energy management center<, the office
   1-58  of the governor> shall adopt and publish energy conservation design
   1-59  standards, under Chapter 2001, <the> Administrative Procedure <and
   1-60  Texas Register> Act <(Article 6252-13a, Vernon's Texas Civil
   1-61  Statutes)>, that all new state buildings and major renovation
   1-62  projects, including buildings and major renovation projects of
   1-63  state-supported institutions of higher education, are required to
   1-64  meet.  The center <office of the governor> shall define what
   1-65  constitutes a major renovation project under this section and shall
   1-66  review and update the standards biennially.
   1-67        (c)  The standards must be adopted in terms of energy
   1-68  consumption levels and must take into consideration the various
    2-1  classes of building uses and must allow for design flexibility.
    2-2  Procedural standards must be directed toward specific design and
    2-3  building practices that produce good thermal resistance and low
    2-4  infiltration and toward requiring practices in the design of
    2-5  mechanical and electrical systems that maximize energy efficiency.
    2-6  The procedural standards must concern, as applicable:
    2-7              (1)  insulation;
    2-8              (2)  lighting;
    2-9              (3)  ventilation;
   2-10              (4)  climate control;
   2-11              (5)  special energy requirements of health-related
   2-12  facilities of higher education and state agencies; and
   2-13              (6)  any other item that the center <office of the
   2-14  governor> considers appropriate that is adopted under Chapter 2001,
   2-15  <the> Administrative Procedure <and Texas Register> Act <(Article
   2-16  6252-13a, Vernon's Texas Civil Statutes)>.
   2-17        (d)  In order to demonstrate compliance with the requirement
   2-18  to adopt and update the conservation design standards, each agency
   2-19  and institution of higher education shall submit a copy of its
   2-20  design and construction manuals to the center <office of the
   2-21  governor> on request.
   2-22        SECTION 6.  Sections 447.005, 447.006, and 447.007,
   2-23  Government Code, are amended to read as follows:
   2-24        Sec. 447.005.  Energy Efficiency Projects.  Subject to
   2-25  applicable state and federal laws or guidelines, the <office of the
   2-26  governor, through the> energy management center<,> may implement
   2-27  energy efficiency projects at state agencies or may assist those
   2-28  agencies in implementing the projects through energy efficiency
   2-29  programs financed through state or federal grants or loans.
   2-30        Sec. 447.006.  Obtaining Data.  The energy management center
   2-31  <office of the governor> shall obtain semiannually from each state
   2-32  agency information relating to the cost of heating and cooling
   2-33  buildings owned by the state.
   2-34        Sec. 447.007.  Model Codes.  The energy management center
   2-35  <office of the governor> may recommend model energy conservation
   2-36  building codes to municipalities for use in enacting or amending
   2-37  municipal ordinances.
   2-38        SECTION 7.  Subsections (a) and (e), Section 447.008,
   2-39  Government Code, are amended to read as follows:
   2-40        (a)  The <Through the> energy management center<, the office
   2-41  of the governor> may provide additional energy services, including:
   2-42              (1)  training of designated state employees in energy
   2-43  management, energy-accounting techniques, and energy efficient
   2-44  design and construction;
   2-45              (2)  technical assistance regarding energy efficient
   2-46  capital improvements, energy efficient building design, and
   2-47  cogeneration and thermal storage investments;
   2-48              (3)  technical assistance to the State Auditor and to
   2-49  state agencies regarding conducting energy management performance
   2-50  audits and monitoring of utility bills to detect billing errors;
   2-51              (4)  technical assistance to state agencies regarding
   2-52  third-party financing of energy efficient capital improvement
   2-53  projects; and
   2-54              (5)  other energy-related assistance requested by
   2-55  agencies, other legislatively created entities of the state,
   2-56  institutions of higher education, and consortiums of institutions
   2-57  of higher education that the center <office of the governor>
   2-58  considers appropriate.
   2-59        (e)  Using available funds from any source where permitted,
   2-60  the energy management center may assist state agencies,
   2-61  legislatively created entities of the state, institutions of higher
   2-62  education, and consortiums of institutions of higher education to
   2-63  further the goals and pursue the policies of the state in energy
   2-64  research as may be determined by the governor or the legislature.
   2-65  The energy management center may assist state agencies, which are
   2-66  hereby authorized to act in accordance with this section, in
   2-67  implementing federal energy policy as expressed in Pub. L. No.
   2-68  102-486, 106 Stat. 2776 (1992).
   2-69        SECTION 8.  Subsection (a), Section 447.011, Government Code,
   2-70  is amended to read as follows:
    3-1        (a)  The <Through the> energy management center<, the office
    3-2  of the governor> shall provide energy management planning
    3-3  assistance to state agencies and institutions of higher education,
    3-4  including:
    3-5              (1)  preparation of a long-range plan for the delivery
    3-6  of reliable, cost-effective utility services for state agencies,
    3-7  institutions of higher education, boards, and commissions in Travis
    3-8  County.  This plan shall be presented to the affected agencies for
    3-9  use in preparing their five-year construction and major
   3-10  rehabilitation plans.  After other energy-saving alternatives are
   3-11  considered, district heating and cooling and on-site generation of
   3-12  electricity may be considered in planning for reliable, efficient,
   3-13  and cost-effective utility services;
   3-14              (2)  assistance to the Department of Public Safety for
   3-15  energy emergency contingency planning, using state or federal funds
   3-16  when available; and
   3-17              (3)  assistance to state agencies and institutions of
   3-18  higher education in preparing comprehensive energy management
   3-19  plans.  The energy management center shall prepare guidelines for
   3-20  the preparation of these plans.  State agencies and institutions of
   3-21  higher education that expend more than $250,000 annually for
   3-22  heating, lighting, and cooling and that occupy state-owned
   3-23  buildings shall prepare and submit a five-year energy management
   3-24  plan to the center <office of the governor>.  Agencies and
   3-25  institutions of higher education with smaller usage may be required
   3-26  to submit such plans.  Updated plans shall be submitted biennially
   3-27  when requested by the center <governor>.
   3-28        SECTION 9.  The importance of this legislation and the
   3-29  crowded condition of the calendars in both houses create an
   3-30  emergency and an imperative public necessity that the
   3-31  constitutional rule requiring bills to be read on three several
   3-32  days in each house be suspended, and this rule is hereby suspended,
   3-33  and that this Act take effect and be in force from and after its
   3-34  passage, and it is so enacted.
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