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.
3-35 * * * * *