By Eiland H.B. No. 3471
Substitute the following for H.B. No. 3471:
By Merritt C.S.H.B. No. 3471
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration of oil overcharge funds.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 2305.031 through 2305.039, Government
1-5 Code, are repealed.
1-6 SECTION 2. Section 2305.002(3), Government Code, is amended
1-7 to read as follows:
1-8 (3) "Energy office" means the state energy
1-9 conservation office of the General Services Commission.
1-10 SECTION 3. Section 2305.011, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 2305.011. ADMINISTRATION BY GENERAL SERVICES COMMISSION
1-13 [GOVERNOR] AND ENERGY OFFICE. (a) The energy office shall
1-14 [Subject to Section 2305.013, the governor may:]
1-15 [(1) finance a project under this chapter; and]
1-16 [(2)] oversee and monitor the administration of
1-17 programs [a program] prescribed by this chapter and may charge a
1-18 fee for the purpose of cost recovery.
1-19 (b) The governor and the energy office may establish direct
1-20 grant programs and competitive grant programs in addition to the
1-21 programs provided by this chapter.
1-22 (c) The energy office [governor] shall[:]
1-23 [(1) determine the supervising state agency for each
1-24 competitive grant program and for each direct grant program
2-1 established by the governor; and]
2-2 [(2)] establish programs and criteria and evaluate a
2-3 proposal in accordance with 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 4. Sections 2305.022 and 2305.023, Government Code,
2-10 are amended to read as follows:
2-11 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
2-12 used only by the governor and the General Services Commission to
2-13 implement and operate the programs authorized by this chapter.
2-14 Sec. 2305.023. ACCOUNT RECORDS; ENERGY OFFICE REPORT.
2-15 (a) The comptroller shall establish records of the money in the
2-16 account that are sufficient to identify the source of each
2-17 particular amount in the account to facilitate a determination of
2-18 compliance with applicable federal guidelines relating to the use
2-19 of money derived from each particular source.
2-20 (b) Not later than January 15 of each odd-numbered year, the
2-21 energy office shall submit to the governor and the legislature a
2-22 biennial report that shows the expenditures from the account during
2-23 the previous biennium and the amount remaining in the account on
2-24 the date of the report.
2-25 SECTION 5. Subchapter D, Chapter 2305, Government Code, is
2-26 amended by amending the subchapter heading and adding Section
2-27 2305.031 to read as follows:
3-1 SUBCHAPTER D. OIL OVERCHARGE [DIRECT GRANT] PROGRAMS
3-2 Sec. 2305.031. OIL OVERCHARGE PROGRAMS. The energy office
3-3 shall maintain a revolving loan program for the benefit of state
3-4 agencies, universities, and political subdivisions. The energy
3-5 office shall use oil overcharge funds for the programs and purposes
3-6 in this subchapter.
3-7 SECTION 6. Subchapter D, Chapter 2305, Government Code, is
3-8 amended by transferring Section 2305.065 from Subchapter E,
3-9 Government Code, redesignating Section 2305.065 as Section
3-10 2305.032, and amending that section to read as follows:
3-11 Sec. 2305.032 [2305.065]. LOANSTAR REVOLVING LOAN PROGRAM.
3-12 (a) The energy office [governor] under the loanstar revolving loan
3-13 program may approve and finance [demonstration] projects that
3-14 provide loans to eligible applicants for energy-saving capital
3-15 improvements. Projects [(b) The supervising state agency of the
3-16 program may distribute competitive grant money under the program to
3-17 finance energy conservation projects] approved by the energy office
3-18 should [governor for the] benefit [of]:
3-19 (1) a state agency or institution of higher education;
3-20 (2) a public school;
3-21 (3) a political subdivision of the state;
3-22 (4) [a transportation provider;]
3-23 [(5) an agricultural producer;]
3-24 [(6)] a small to medium-sized business; or [and]
3-25 (5) a public or nonprofit hospital or health care
3-26 facility [(7) an individual of low or moderate income].
3-27 (b) [(c)] The energy office [governor] shall determine the
4-1 terms under which a loan may be made under this section and shall
4-2 set the interest rate for a loan at a low rate that the energy
4-3 office [governor] determines is sufficient to recover the cost of
4-4 administering the loan program.
4-5 (c) At least 85 percent of the loans made under this section
4-6 shall be awarded to state agencies, institutions of higher
4-7 education, public schools, or political subdivisions.
4-8 (d) Any borrower that [A person who] receives a loan under
4-9 this section shall repay the principal of and interest on the loan
4-10 from the value of energy savings that accrues as the result of the
4-11 energy conservation measure implemented with the borrowed money.
4-12 (e) An [A state agency or] institution that receives a loan
4-13 under this section shall repay the loan from the amount budgeted
4-14 for the agency's or institution's energy costs. Until the loan is
4-15 repaid, the legislature may not reduce the amount budgeted for
4-16 those energy costs to reflect the value of energy savings that
4-17 accrues as a result of the energy conservation measure implemented
4-18 with the borrowed money.
4-19 (f) The energy office shall allocate at least $95 million,
4-20 including loan commitments and cash on hand, to the loanstar
4-21 program and shall administer the funds under its control in a
4-22 manner that assures that funds available to the loanstar program
4-23 equal or exceed $95 million at all times.
4-24 SECTION 7. Subchapter D, Chapter 2305, Government Code, is
4-25 amended by redesignating Section 2305.041, Government Code, as
4-26 Section 2305.033 and amending that section to read as follows:
4-27 Sec. 2305.033 [2305.041]. STATE ENERGY [CONSERVATION]
5-1 PROGRAM. (a) The energy office is the supervising state agency
5-2 for the state energy [conservation] program.
5-3 (b) In accordance with Part B, Energy Policy and
5-4 Conservation Act (42 U.S.C. Sec. 6321 et seq.), the energy office,
5-5 under the program, shall[:]
5-6 [(1)] distribute funds [direct grant money] for
5-7 projects that save measurable quantities of energy[; and]
5-8 [(2) finance the operation of the Energy Management
5-9 Center for Texas Schools, in accordance with Section 88A, Public
5-10 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
5-11 Statutes)].
5-12 (c) A project under Subsection (b) [(b)(1)] must be
5-13 implemented primarily by institutions or private sector energy
5-14 consumers.
5-15 (d) A proposal under Subsection (b) [(b)(1)] must:
5-16 (1) promote the conservation of energy; and
5-17 (2) improve the efficient use of energy through
5-18 activities that result in quantifiable energy savings, including:
5-19 (A) energy audits of buildings;
5-20 (B) technical assistance in reducing energy
5-21 bills; [and]
5-22 (C) [providing] training to building operators
5-23 and fiscal officers on various energy issues such as utility bill
5-24 analysis and energy management techniques; and
5-25 (D) other technical assistance to programs for
5-26 which funds are appropriated.
5-27 [(e) A public school may not receive a grant or the benefits
6-1 of a grant under Subsection (b)(2) unless the governor approves the
6-2 school's energy conservation plan.]
6-3 SECTION 8. Subchapter D, Chapter 2305, Government Code, is
6-4 amended by adding Sections 2305.034 and 2305.035 to read as
6-5 follows:
6-6 Sec. 2305.034. STATE AGENCIES PROGRAM. The energy office is
6-7 the supervising agency for the state agencies program that may
6-8 distribute funds through Chapter 447. Projects funded under this
6-9 section may include:
6-10 (1) energy manager training;
6-11 (2) performance contracting services described by
6-12 Section 51.927, Education Code;
6-13 (3) energy-efficient design assistance for new
6-14 facilities, including major renovation;
6-15 (4) projects for state building design standards
6-16 compliance;
6-17 (5) projects to create awareness of model energy codes
6-18 at the local and state levels;
6-19 (6) projects to develop and maintain the state's
6-20 utility database; and
6-21 (7) other appropriate energy and information
6-22 applications.
6-23 Sec. 2305.035. ALTERNATIVE FUELS PROGRAM. (a) The energy
6-24 office is the supervising state agency for the alternative fuels
6-25 program.
6-26 (b) The energy office shall provide funds under the program
6-27 to promote, facilitate, and support the use of alternative fuels in
7-1 this state.
7-2 (c) Among the projects that may be funded under this section
7-3 are:
7-4 (1) clean air projects;
7-5 (2) educational projects;
7-6 (3) demonstration and conversion projects; and
7-7 (4) technical research and training projects.
7-8 SECTION 9. Subchapter D, Chapter 2305, Government Code, is
7-9 amended by transferring Section 2305.064 from Subchapter E,
7-10 Government Code, redesignating Section 2305.064 as Section
7-11 2305.036, and amending that section to read as follows:
7-12 Sec. 2305.036 [2305.064]. HOUSING PARTNERSHIP PROGRAM.
7-13 (a) The energy office is the supervising state agency for [of] the
7-14 housing partnership program [shall distribute competitive grant
7-15 money under the program for residential energy conservation
7-16 projects that reduce the amount of energy consumed for space
7-17 heating, space cooling, water heating, refrigeration, or other
7-18 residential energy uses].
7-19 (b) The energy office shall promote the efficient use of
7-20 energy in Texas residential housing through grants, partnerships,
7-21 and loans.
7-22 (c) Projects funded under this program [section] may
7-23 include:
7-24 (1) projects to demonstrate [demonstration of]
7-25 commercially available cost-effective energy-saving techniques and
7-26 technologies;
7-27 (2) training and technical assistance in
8-1 energy-efficient construction, design, or remodeling;
8-2 (3) projects to provide energy education workshops or
8-3 seminars for consumers [providing information to occupants]; [and]
8-4 (4) financing [incentives] for energy [energy-saving]
8-5 designs and [or] improvements, energy-efficient appliances, and
8-6 energy management systems; and
8-7 (5) funding of a weatherization assistance program to
8-8 benefit individuals of low or moderate income.
8-9 (d) [(c)] The ultimate beneficiaries of the program shall be
8-10 residential energy consumers, primarily targeting low-to-moderate
8-11 income households [a grant under this section must be low-income or
8-12 moderate-income consumers].
8-13 (e) Nonprofit organizations, community action agencies,
8-14 local governments, regional government councils, universities,
8-15 utility companies, public housing authorities, community-based
8-16 organizations, social service agencies, and other service-related
8-17 organizations may serve as leads in establishing partnerships with
8-18 the agency.
8-19 (f) [(d) A local government, public housing agency, or other
8-20 public or nonprofit organization serving the housing needs of low
8-21 and moderate income individuals may apply for a grant under this
8-22 section.]
8-23 [(e)] The energy office [supervising state agency] may
8-24 require grant recipients to match a grant in a ratio determined by
8-25 the energy office [from other sources at least the total amount of
8-26 the grants awarded under this section].
8-27 SECTION 10. Subchapter D, Chapter 2305, Government Code, is
9-1 amended by transferring Section 2305.067 from Subchapter E,
9-2 Government Code, redesignating Section 2305.067 as Section
9-3 2305.037, and amending that section to read as follows:
9-4 Sec. 2305.037 [2305.067]. RENEWABLE [ALTERNATIVE] ENERGY
9-5 DEMONSTRATION PROGRAM. (a) The energy office is the supervising
9-6 state agency of the renewable [alternative] energy demonstration
9-7 program and shall distribute [competitive] grant money under the
9-8 program for demonstration projects that develop sustainable and
9-9 renewable [alternative] energy resources, including:
9-10 (1) photovoltaic, biomass, wind, and solar
9-11 applications; and
9-12 (2) other appropriate renewable and sustainable
9-13 [alternative] energy applications.
9-14 (b) The energy office [governor] may require a grant
9-15 recipient to match a grant in a ratio determined by the energy
9-16 office [governor].
9-17 SECTION 11. Subchapter D, Chapter 2305, Government Code, is
9-18 amended by transferring Section 2305.069 from Subchapter E,
9-19 Government Code, redesignating Section 2305.069 as Section
9-20 2305.038, and amending that section to read as follows:
9-21 Sec. 2305.038 [2305.069]. LOCAL GOVERNMENT ENERGY PROGRAM.
9-22 (a) The energy office is the supervisory agency for the local
9-23 government energy program to provide energy management assistance
9-24 to public schools, health care institutions, and other local
9-25 governments.
9-26 (b) Projects funded under this section may include:
9-27 (1) energy management training workshops that address
10-1 current energy issues and state-of-the-art building energy
10-2 technologies;
10-3 (2) energy-efficient partnerships with school
10-4 districts or health care facilities to identify building energy
10-5 performances, set up customized utility tracking systems, establish
10-6 operation and maintenance procedures to curtail energy waste,
10-7 identify capital energy projects that will yield a high return on
10-8 investment, and locate appropriate sources of retrofit financing;
10-9 (3) assistance in analyzing alternative methods of
10-10 financing energy-saving projects and negotiating contracts with
10-11 power suppliers;
10-12 (4) technical support in designing new facilities,
10-13 building additions, and renovations for energy-efficient operation;
10-14 and
10-15 (5) colonias as defined by Section 2306.581. [The
10-16 supervising state agency of the local government energy program
10-17 shall distribute competitive grant money under the program for
10-18 energy-saving projects that benefit local governments in this
10-19 state.]
10-20 [(b) Proposals funded under this section may include:]
10-21 [(1) energy audits of a local government facility;]
10-22 [(2) traffic light synchronization;]
10-23 [(3) fleet management; and]
10-24 [(4) fuel-efficient transit routing.]
10-25 [(c) The governor may require a grant recipient to match a
10-26 grant in a ratio determined by the governor.]
10-27 SECTION 12. Subchapter D, Chapter 2305, Government Code, is
11-1 amended by transferring Section 2305.070 from Subchapter E,
11-2 Government Code, redesignating Section 2305.070 as Section
11-3 2305.039, and amending that section to read as follows:
11-4 Sec. 2305.039 [2305.070]. TRANSPORTATION ENERGY PROGRAM.
11-5 (a) The energy office is the supervising state agency of the
11-6 transportation energy program and shall distribute funds
11-7 [competitive grant money] under the program for projects relating
11-8 to mass transit and other transportation services.
11-9 (b) A project may:
11-10 (1) assist a service provider in providing services
11-11 such as:
11-12 (A) traffic light synchronization;
11-13 (B) fleet management;
11-14 (C) computerized transit routing that is energy
11-15 efficient;
11-16 (D) car-care clinics;
11-17 (E) vanpooling or ridesharing efforts;
11-18 (F) public education related to mass transit;
11-19 (G) driver training in energy conservation
11-20 awareness; and
11-21 (H) transportation services for the elderly or
11-22 persons with a disability; and
11-23 (2) include studies to improve existing systems and
11-24 plan for future transportation systems in this state.
11-25 (c) The energy office [governor] may require a grant
11-26 recipient to match a grant in a ratio determined by the energy
11-27 office [governor].
12-1 SECTION 13. Sections 2305.013, 2305.040, 2305.061, 2305.062,
12-2 2305.063, 2305.066, 2305.068, and 2305.071 through 2305.076,
12-3 Government Code, are repealed.
12-4 SECTION 14. (a) This Act takes effect September 1, 1997.
12-5 (b) The change in law made by this Act does not apply to a
12-6 contract entered into before the effective date of this Act.
12-7 SECTION 15. The importance of this legislation and the
12-8 crowded condition of the calendars in both houses create an
12-9 emergency and an imperative public necessity that the
12-10 constitutional rule requiring bills to be read on three several
12-11 days in each house be suspended, and this rule is hereby suspended.