AN ACT
1-1 relating to the administration of oil overcharge funds.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Sections 2305.031 through 2305.039, Government
1-4 Code, are repealed.
1-5 SECTION 2. Subdivision (3), Section 2305.002, Government
1-6 Code, is amended to read as follows:
1-7 (3) "Energy office" means the state energy
1-8 conservation office of the General Services Commission.
1-9 SECTION 3. Section 2305.011, Government Code, is amended to
1-10 read as follows:
1-11 Sec. 2305.011. ADMINISTRATION BY GENERAL SERVICES COMMISSION
1-12 [GOVERNOR] AND ENERGY OFFICE. (a) The energy office shall
1-13 [Subject to Section 2305.013, the governor may:]
1-14 [(1) finance a project under this chapter; and]
1-15 [(2)] oversee and monitor the administration of
1-16 programs [a program] prescribed by this chapter.
1-17 (b) The governor and the energy office may establish direct
1-18 grant programs and competitive grant programs in addition to the
1-19 programs provided by this chapter.
1-20 (c) The energy office [governor] shall[:]
1-21 [(1) determine the supervising state agency for each
1-22 competitive grant program and for each direct grant program
1-23 established by the governor; and]
2-1 [(2)] establish programs and criteria and evaluate a
2-2 proposal in accordance with applicable federal guidelines.
2-3 (d) The energy office shall send to the appropriate federal
2-4 entity all information required under applicable federal
2-5 guidelines.
2-6 (e) Criteria established under this section may apply
2-7 generally to all programs or specifically to one or more programs.
2-8 SECTION 4. Sections 2305.022 and 2305.023, Government Code,
2-9 are amended to read as follows:
2-10 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
2-11 used only by the governor and the General Services Commission to
2-12 implement and operate the programs authorized by this chapter.
2-13 Sec. 2305.023. ACCOUNT RECORDS; ENERGY OFFICE REPORT.
2-14 (a) The comptroller shall establish records of the money in the
2-15 account that are sufficient to identify the source of each
2-16 particular amount in the account to facilitate a determination of
2-17 compliance with applicable federal guidelines relating to the use
2-18 of money derived from each particular source.
2-19 (b) Not later than January 15 of each odd-numbered year, the
2-20 energy office shall submit to the governor and the legislature a
2-21 biennial report that shows the expenditures from the account during
2-22 the previous biennium and the amount remaining in the account on
2-23 the date of the report.
2-24 SECTION 5. Subchapter D, Chapter 2305, Government Code, is
2-25 amended by amending the subchapter heading and adding Section
3-1 2305.031 to read as follows:
3-2 SUBCHAPTER D. OIL OVERCHARGE [DIRECT GRANT] PROGRAMS
3-3 Sec. 2305.031. OIL OVERCHARGE PROGRAMS. The energy office
3-4 shall maintain a revolving loan program for the benefit of state
3-5 agencies, universities, and political subdivisions. The energy
3-6 office shall use oil overcharge funds for the programs and purposes
3-7 in this subchapter.
3-8 SECTION 6. Subchapter D, Chapter 2305, Government Code, is
3-9 amended by transferring Section 2305.065 from Subchapter E,
3-10 redesignating Section 2305.065 as Section 2305.032, and amending
3-11 that section to read as follows:
3-12 Sec. 2305.032 [2305.065]. LOANSTAR REVOLVING LOAN PROGRAM.
3-13 (a) The energy office [governor] under the loanstar revolving loan
3-14 program may approve and finance [demonstration] projects that
3-15 provide loans to eligible applicants for energy-saving capital
3-16 improvements. Projects [(b) The supervising state agency of the
3-17 program may distribute competitive grant money under the program to
3-18 finance energy conservation projects] approved by the energy office
3-19 should [governor for the] benefit [of]:
3-20 (1) a state agency or institution of higher education;
3-21 (2) a public school;
3-22 (3) a political subdivision of the state;
3-23 (4) [a transportation provider;]
3-24 [(5) an agricultural producer;]
3-25 [(6)] a small to medium-sized business; and
4-1 (5) a public or nonprofit hospital or health care
4-2 facility [(7) an individual of low or moderate income].
4-3 (b) [(c)] The energy office [governor] shall determine the
4-4 terms under which a loan may be made under this section and shall
4-5 set the interest rate for a loan at a low rate that the energy
4-6 office [governor] determines is sufficient to recover the cost of
4-7 administering the loan program.
4-8 (c) At least 85 percent of the loans made under this section
4-9 shall be awarded to state agencies, institutions of higher
4-10 education, public schools, or political subdivisions.
4-11 (d) Any borrower that [A person who] receives a loan under
4-12 this section shall repay the principal of and interest on the loan
4-13 from the value of energy savings that accrues as the result of the
4-14 energy conservation measure implemented with the borrowed money.
4-15 (e) An [A state agency or] institution that receives a loan
4-16 under this section shall repay the loan from the amount budgeted
4-17 for the agency's or institution's energy costs. Until the loan is
4-18 repaid, the legislature may not reduce the amount budgeted for
4-19 those energy costs to reflect the value of energy savings that
4-20 accrues as a result of the energy conservation measure implemented
4-21 with the borrowed money.
4-22 (f) The energy office shall allocate at least $95 million,
4-23 including loan commitments and cash on hand, to the loanstar
4-24 program and shall administer the funds under its control in a
4-25 manner that assures that funds available to the loanstar program
5-1 equal or exceed $95 million at all times.
5-2 SECTION 7. Subchapter D, Chapter 2305, Government Code, is
5-3 amended by redesignating Section 2305.041 as Section 2305.033 and
5-4 amending that section to read as follows:
5-5 Sec. 2305.033 [2305.041]. STATE ENERGY [CONSERVATION]
5-6 PROGRAM. (a) The energy office is the supervising state agency
5-7 for the state energy [conservation] program.
5-8 (b) In accordance with Part B, Energy Policy and
5-9 Conservation Act (42 U.S.C. Sec. 6321 et seq.), the energy office,
5-10 under the program, shall[:]
5-11 [(1)] distribute funds [direct grant money] for
5-12 projects that save measurable quantities of energy[; and]
5-13 [(2) finance the operation of the Energy Management
5-14 Center for Texas Schools, in accordance with Section 88A, Public
5-15 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
5-16 Statutes)].
5-17 (c) A project under Subsection (b) [(b)(1)] must be
5-18 implemented primarily by institutions or private sector energy
5-19 consumers.
5-20 (d) A proposal under Subsection (b) [(b)(1)] must:
5-21 (1) promote the conservation of energy; and
5-22 (2) improve the efficient use of energy through
5-23 activities that result in quantifiable energy savings, including:
5-24 (A) energy audits of buildings;
5-25 (B) technical assistance in reducing energy
6-1 bills; [and]
6-2 (C) [providing] training to building operators
6-3 and fiscal officers on various energy issues such as utility bill
6-4 analysis and energy management techniques; and
6-5 (D) other technical assistance to programs for
6-6 which funds are appropriated.
6-7 [(e) A public school may not receive a grant or the benefits
6-8 of a grant under Subsection (b)(2) unless the governor approves the
6-9 school's energy conservation plan.]
6-10 SECTION 8. Subchapter D, Chapter 2305, Government Code, is
6-11 amended by adding Sections 2305.034 and 2305.035 to read as
6-12 follows:
6-13 Sec. 2305.034. STATE AGENCIES PROGRAM. The energy office is
6-14 the supervising agency for the state agencies program that may
6-15 distribute funds through Chapter 447. Projects funded under this
6-16 section may include:
6-17 (1) energy manager training;
6-18 (2) performance contracting services described by
6-19 Section 51.927, Education Code;
6-20 (3) energy-efficient design assistance for new
6-21 facilities, including major renovation;
6-22 (4) projects for state building design standards
6-23 compliance;
6-24 (5) projects to create awareness of model energy codes
6-25 at the local and state levels;
7-1 (6) projects to develop and maintain the state's
7-2 utility database; and
7-3 (7) other appropriate energy and information
7-4 applications.
7-5 Sec. 2305.035. ALTERNATIVE FUELS PROGRAM. (a) The energy
7-6 office is the supervising state agency for the alternative fuels
7-7 program.
7-8 (b) The energy office shall provide funds under the program
7-9 to promote, facilitate, and support the use of alternative fuels in
7-10 this state.
7-11 (c) Among the projects that may be funded under this section
7-12 are:
7-13 (1) clean air projects;
7-14 (2) educational projects;
7-15 (3) demonstration and conversion projects; and
7-16 (4) technical research and training projects.
7-17 SECTION 9. Subchapter D, Chapter 2305, Government Code, is
7-18 amended by transferring Section 2305.064 from Subchapter E,
7-19 redesignating Section 2305.064 as Section 2305.036, and amending
7-20 that section to read as follows:
7-21 Sec. 2305.036 [2305.064]. HOUSING PARTNERSHIP PROGRAM.
7-22 (a) The energy office is the supervising state agency for [of] the
7-23 housing partnership program [shall distribute competitive grant
7-24 money under the program for residential energy conservation
7-25 projects that reduce the amount of energy consumed for space
8-1 heating, space cooling, water heating, refrigeration, or other
8-2 residential energy uses].
8-3 (b) The energy office shall promote the efficient use of
8-4 energy in Texas residential housing through grants, partnerships,
8-5 and loans.
8-6 (c) Projects funded under this program [section] may
8-7 include:
8-8 (1) projects to demonstrate [demonstration of]
8-9 commercially available cost-effective energy-saving techniques and
8-10 technologies;
8-11 (2) training and technical assistance in
8-12 energy-efficient construction, design, or remodeling;
8-13 (3) projects to provide energy education workshops or
8-14 seminars for consumers [providing information to occupants]; [and]
8-15 (4) financing [incentives] for energy [energy-saving]
8-16 designs and [or] improvements, energy-efficient appliances, and
8-17 energy management systems; and
8-18 (5) funding of a weatherization assistance program
8-19 through the Texas Department Of Housing and Community Affairs to
8-20 benefit individuals of low income.
8-21 (d) [(c)] The ultimate beneficiaries of the program shall be
8-22 residential energy consumers, primarily targeting low-to-moderate
8-23 income households [a grant under this section must be low-income or
8-24 moderate-income consumers].
8-25 (e) Nonprofit organizations, community action agencies,
9-1 local governments, regional government councils, universities,
9-2 utility companies, public housing authorities, community-based
9-3 organizations, social service agencies, and other service-related
9-4 organizations may serve as leads in establishing partnerships with
9-5 the agency.
9-6 (f) [(d) A local government, public housing agency, or other
9-7 public or nonprofit organization serving the housing needs of low
9-8 and moderate income individuals may apply for a grant under this
9-9 section.]
9-10 [(e)] The energy office [supervising state agency] may
9-11 require grant recipients to match a grant in a ratio determined by
9-12 the energy office [from other sources at least the total amount of
9-13 the grants awarded under this section].
9-14 SECTION 10. Subchapter D, Chapter 2305, Government Code, is
9-15 amended by transferring Section 2305.067 from Subchapter E,
9-16 redesignating Section 2305.067 as Section 2305.037, and amending
9-17 that section to read as follows:
9-18 Sec. 2305.037 [2305.067]. RENEWABLE [ALTERNATIVE] ENERGY
9-19 DEMONSTRATION PROGRAM. (a) The energy office is the supervising
9-20 state agency of the renewable [alternative] energy demonstration
9-21 program and shall distribute [competitive] grant money under the
9-22 program for demonstration projects that develop sustainable and
9-23 renewable [alternative] energy resources, including:
9-24 (1) photovoltaic, biomass, wind, and solar
9-25 applications; and
10-1 (2) other appropriate renewable and sustainable
10-2 [alternative] energy applications.
10-3 (b) The energy office [governor] may require a grant
10-4 recipient to match a grant in a ratio determined by the energy
10-5 office [governor].
10-6 SECTION 11. Subchapter D, Chapter 2305, Government Code, is
10-7 amended by transferring Section 2305.069 from Subchapter E,
10-8 redesignating Section 2305.069 as Section 2305.038, and amending
10-9 that section to read as follows:
10-10 Sec. 2305.038 [2305.069]. LOCAL GOVERNMENT ENERGY PROGRAM.
10-11 (a) The energy office is the supervisory agency for the local
10-12 government energy program to provide energy management assistance
10-13 to public schools, health care institutions, and other local
10-14 governments.
10-15 (b) Projects funded under this section may include:
10-16 (1) energy management training workshops that address
10-17 current energy issues and state-of-the-art building energy
10-18 technologies;
10-19 (2) energy-efficient partnerships with school
10-20 districts or health care facilities to identify building energy
10-21 performances, set up customized utility tracking systems, establish
10-22 operation and maintenance procedures to curtail energy waste,
10-23 identify capital energy projects that will yield a high return on
10-24 investment, and locate appropriate sources of retrofit financing;
10-25 (3) assistance in analyzing alternative methods of
11-1 financing energy-saving projects and negotiating contracts with
11-2 power suppliers;
11-3 (4) technical support in designing new facilities,
11-4 building additions, and renovations for energy-efficient operation;
11-5 and
11-6 (5) colonias as defined by Section 2306.581. [The
11-7 supervising state agency of the local government energy program
11-8 shall distribute competitive grant money under the program for
11-9 energy-saving projects that benefit local governments in this
11-10 state.]
11-11 [(b) Proposals funded under this section may include:]
11-12 [(1) energy audits of a local government facility;]
11-13 [(2) traffic light synchronization;]
11-14 [(3) fleet management; and]
11-15 [(4) fuel-efficient transit routing.]
11-16 [(c) The governor may require a grant recipient to match a
11-17 grant in a ratio determined by the governor.]
11-18 SECTION 12. Subchapter D, Chapter 2305, Government Code, is
11-19 amended by transferring Section 2305.070 from Subchapter E,
11-20 redesignating Section 2305.070 as Section 2305.039, and amending
11-21 that section to read as follows:
11-22 Sec. 2305.039 [2305.070]. TRANSPORTATION ENERGY PROGRAM.
11-23 (a) The energy office is the supervising state agency of the
11-24 transportation energy program and shall distribute funds
11-25 [competitive grant money] under the program for projects relating
12-1 to mass transit and other transportation services.
12-2 (b) A project may:
12-3 (1) assist a service provider in providing services
12-4 such as:
12-5 (A) traffic light synchronization;
12-6 (B) fleet management;
12-7 (C) computerized transit routing that is energy
12-8 efficient;
12-9 (D) car-care clinics;
12-10 (E) vanpooling or ridesharing efforts;
12-11 (F) public education related to mass transit;
12-12 (G) driver training in energy conservation
12-13 awareness; and
12-14 (H) transportation services for the elderly or
12-15 persons with a disability; and
12-16 (2) include studies to improve existing systems and
12-17 plan for future transportation systems in this state.
12-18 (c) The energy office [governor] may require a grant
12-19 recipient to match a grant in a ratio determined by the energy
12-20 office [governor].
12-21 SECTION 13. Sections 2305.013, 2305.040, 2305.061, 2305.062,
12-22 2305.063, 2305.066, 2305.068, 2305.071, and 2305.072, Government
12-23 Code, are repealed.
12-24 SECTION 14. (a) This Act takes effect September 1, 1997.
12-25 (b) The change in law made by this Act does not apply to a
13-1 contract entered into before the effective date of this Act.
13-2 SECTION 15. The importance of this legislation and the
13-3 crowded condition of the calendars in both houses create an
13-4 emergency and an imperative public necessity that the
13-5 constitutional rule requiring bills to be read on three several
13-6 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1906 passed the Senate on
May 5, 1997, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 16, 1997, by a viva-voce
vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1906 passed the House, with
amendment, on May 14, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor