By: Ratliff S.B. No. 1906
A BILL TO BE ENTITLED
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1-4 Code, are repealed.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]
1-24 [(2)] establish programs and criteria and evaluate a
2-1 proposal in accordance with applicable federal guidelines.
2-2 (d) The energy office shall send to the appropriate federal
2-3 entity all information required under applicable federal
2-4 guidelines.
2-5 (e) Criteria established under this section may apply
2-6 generally to all programs or specifically to one or more programs.
2-7 SECTION 4. Sections 2305.022 and 2305.023, Government Code,
2-8 are amended to read as follows:
2-9 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
2-10 used only by the governor and the General Services Commission to
2-11 implement and operate the programs authorized by this chapter.
2-12 Sec. 2305.023. ACCOUNT RECORDS; ENERGY OFFICE REPORT.
2-13 (a) The comptroller shall establish records of the money in the
2-14 account that are sufficient to identify the source of each
2-15 particular amount in the account to facilitate a determination of
2-16 compliance with applicable federal guidelines relating to the use
2-17 of money derived from each particular source.
2-18 (b) Not later than January 15 of each odd-numbered year, the
2-19 energy office shall submit to the governor and the legislature a
2-20 biennial report that shows the expenditures from the account during
2-21 the previous biennium and the amount remaining in the account on
2-22 the date of the report.
2-23 SECTION 5. Subchapter D, Chapter 2305, Government Code, is
2-24 amended by amending the subchapter heading and adding Section
2-25 2305.031 to read as follows:
2-26 SUBCHAPTER D. OIL OVERCHARGE [DIRECT GRANT] PROGRAMS
2-27 Sec. 2305.031. OIL OVERCHARGE PROGRAMS. The energy office
3-1 shall maintain a revolving loan program for the benefit of state
3-2 agencies, universities, and political subdivisions. The energy
3-3 office shall use oil overcharge funds for the programs and purposes
3-4 in this subchapter.
3-5 SECTION 6. Subchapter D, Chapter 2305, Government Code, is
3-6 amended by transferring Section 2305.065 from Subchapter E,
3-7 redesignating Section 2305.065 as Section 2305.032, and amending
3-8 that section to read as follows:
3-9 Sec. 2305.032 [2305.065]. LOANSTAR REVOLVING LOAN PROGRAM.
3-10 (a) The energy office [governor] under the loanstar revolving loan
3-11 program may approve and finance [demonstration] projects that
3-12 provide loans to eligible applicants for energy-saving capital
3-13 improvements. Projects [(b) The supervising state agency of the
3-14 program may distribute competitive grant money under the program to
3-15 finance energy conservation projects] approved by the energy office
3-16 should [governor for the] benefit [of]:
3-17 (1) a state agency or institution of higher education;
3-18 (2) a public school;
3-19 (3) a political subdivision of the state;
3-20 (4) [a transportation provider;]
3-21 [(5) an agricultural producer;]
3-22 [(6)] a small to medium-sized business; and
3-23 (5) a public or nonprofit hospital or health care
3-24 facility [(7) an individual of low or moderate income].
3-25 (b) [(c)] The energy office [governor] shall determine the
3-26 terms under which a loan may be made under this section and shall
3-27 set the interest rate for a loan at a low rate that the energy
4-1 office [governor] determines is sufficient to recover the cost of
4-2 administering the loan program.
4-3 (c) At least 85 percent of the loans made under this section
4-4 shall be awarded to state agencies, institutions of higher
4-5 education, public schools, or political subdivisions.
4-6 (d) Any borrower that [A person who] receives a loan under
4-7 this section shall repay the principal of and interest on the loan
4-8 from the value of energy savings that accrues as the result of the
4-9 energy conservation measure implemented with the borrowed money.
4-10 (e) An [A state agency or] institution that receives a loan
4-11 under this section shall repay the loan from the amount budgeted
4-12 for the agency's or institution's energy costs. Until the loan is
4-13 repaid, the legislature may not reduce the amount budgeted for
4-14 those energy costs to reflect the value of energy savings that
4-15 accrues as a result of the energy conservation measure implemented
4-16 with the borrowed money.
4-17 (f) The energy office shall allocate at least $95 million,
4-18 including loan commitments and cash on hand, to the loanstar
4-19 program and shall administer the funds under its control in a
4-20 manner that assures that funds available to the loanstar program
4-21 equal or exceed $95 million at all times.
4-22 SECTION 7. Subchapter D, Chapter 2305, Government Code, is
4-23 amended by redesignating Section 2305.041 as Section 2305.033 and
4-24 amending that section to read as follows:
4-25 Sec. 2305.033 [2305.041]. STATE ENERGY [CONSERVATION]
4-26 PROGRAM. (a) The energy office is the supervising state agency
4-27 for the state energy [conservation] program.
5-1 (b) In accordance with Part B, Energy Policy and
5-2 Conservation Act (42 U.S.C. Sec. 6321 et seq.), the energy office,
5-3 under the program, shall[:]
5-4 [(1)] distribute funds [direct grant money] for
5-5 projects that save measurable quantities of energy[; and]
5-6 [(2) finance the operation of the Energy Management
5-7 Center for Texas Schools, in accordance with Section 88A, Public
5-8 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
5-9 Statutes)].
5-10 (c) A project under Subsection (b) [(b)(1)] must be
5-11 implemented primarily by institutions or private sector energy
5-12 consumers.
5-13 (d) A proposal under Subsection (b) [(b)(1)] must:
5-14 (1) promote the conservation of energy; and
5-15 (2) improve the efficient use of energy through
5-16 activities that result in quantifiable energy savings, including:
5-17 (A) energy audits of buildings;
5-18 (B) technical assistance in reducing energy
5-19 bills; [and]
5-20 (C) [providing] training to building operators
5-21 and fiscal officers on various energy issues such as utility bill
5-22 analysis and energy management techniques; and
5-23 (D) other technical assistance to programs for
5-24 which funds are appropriated.
5-25 [(e) A public school may not receive a grant or the benefits
5-26 of a grant under Subsection (b)(2) unless the governor approves the
5-27 school's energy conservation plan.]
6-1 SECTION 8. Subchapter D, Chapter 2305, Government Code, is
6-2 amended by adding Sections 2305.034 and 2305.035 to read as
6-3 follows:
6-4 Sec. 2305.034. STATE AGENCIES PROGRAM. The energy office is
6-5 the supervising agency for the state agencies program that may
6-6 distribute funds through Chapter 447. Projects funded under this
6-7 section may include:
6-8 (1) energy manager training;
6-9 (2) performance contracting services described by
6-10 Section 51.927, Education Code;
6-11 (3) energy-efficient design assistance for new
6-12 facilities, including major renovation;
6-13 (4) projects for state building design standards
6-14 compliance;
6-15 (5) projects to create awareness of model energy codes
6-16 at the local and state levels;
6-17 (6) projects to develop and maintain the state's
6-18 utility database; and
6-19 (7) other appropriate energy and information
6-20 applications.
6-21 Sec. 2305.035. ALTERNATIVE FUELS PROGRAM. (a) The energy
6-22 office is the supervising state agency for the alternative fuels
6-23 program.
6-24 (b) The energy office shall provide funds under the program
6-25 to promote, facilitate, and support the use of alternative fuels in
6-26 this state.
6-27 (c) Among the projects that may be funded under this section
7-1 are:
7-2 (1) clean air projects;
7-3 (2) educational projects;
7-4 (3) demonstration and conversion projects; and
7-5 (4) technical research and training projects.
7-6 SECTION 9. Subchapter D, Chapter 2305, Government Code, is
7-7 amended by transferring Section 2305.064 from Subchapter E,
7-8 redesignating Section 2305.064 as Section 2305.036, and amending
7-9 that section to read as follows:
7-10 Sec. 2305.036 [2305.064]. HOUSING PARTNERSHIP PROGRAM.
7-11 (a) The energy office is the supervising state agency for [of] the
7-12 housing partnership program [shall distribute competitive grant
7-13 money under the program for residential energy conservation
7-14 projects that reduce the amount of energy consumed for space
7-15 heating, space cooling, water heating, refrigeration, or other
7-16 residential energy uses].
7-17 (b) The energy office shall promote the efficient use of
7-18 energy in Texas residential housing through grants, partnerships,
7-19 and loans.
7-20 (c) Projects funded under this program [section] may
7-21 include:
7-22 (1) projects to demonstrate [demonstration of]
7-23 commercially available cost-effective energy-saving techniques and
7-24 technologies;
7-25 (2) training and technical assistance in
7-26 energy-efficient construction, design, or remodeling;
7-27 (3) projects to provide energy education workshops or
8-1 seminars for consumers [providing information to occupants]; [and]
8-2 (4) financing [incentives] for energy [energy-saving]
8-3 designs and [or] improvements, energy-efficient appliances, and
8-4 energy management systems; and
8-5 (5) funding of a weatherization assistance program to
8-6 benefit individuals of low or moderate income.
8-7 (d) [(c)] The ultimate beneficiaries of the program shall be
8-8 residential energy consumers, primarily targeting low-to-moderate
8-9 income households [a grant under this section must be low-income or
8-10 moderate-income consumers].
8-11 (e) Nonprofit organizations, community action agencies,
8-12 local governments, regional government councils, universities,
8-13 utility companies, public housing authorities, community-based
8-14 organizations, social service agencies, and other service-related
8-15 organizations may serve as leads in establishing partnerships with
8-16 the agency.
8-17 (f) [(d) A local government, public housing agency, or other
8-18 public or nonprofit organization serving the housing needs of low
8-19 and moderate income individuals may apply for a grant under this
8-20 section.]
8-21 [(e)] The energy office [supervising state agency] may
8-22 require grant recipients to match a grant in a ratio determined by
8-23 the energy office [from other sources at least the total amount of
8-24 the grants awarded under this section].
8-25 SECTION 10. Subchapter D, Chapter 2305, Government Code, is
8-26 amended by transferring Section 2305.067 from Subchapter E,
8-27 redesignating Section 2305.067 as Section 2305.037, and amending
9-1 that section to read as follows:
9-2 Sec. 2305.037 [2305.067]. RENEWABLE [ALTERNATIVE] ENERGY
9-3 DEMONSTRATION PROGRAM. (a) The energy office is the supervising
9-4 state agency of the renewable [alternative] energy demonstration
9-5 program and shall distribute [competitive] grant money under the
9-6 program for demonstration projects that develop sustainable and
9-7 renewable [alternative] energy resources, including:
9-8 (1) photovoltaic, biomass, wind, and solar
9-9 applications; and
9-10 (2) other appropriate renewable and sustainable
9-11 [alternative] energy applications.
9-12 (b) The energy office [governor] may require a grant
9-13 recipient to match a grant in a ratio determined by the energy
9-14 office [governor].
9-15 SECTION 11. Subchapter D, Chapter 2305, Government Code, is
9-16 amended by transferring Section 2305.069 from Subchapter E,
9-17 redesignating Section 2305.069 as Section 2305.038, and amending
9-18 that section to read as follows:
9-19 Sec. 2305.038 [2305.069]. LOCAL GOVERNMENT ENERGY PROGRAM.
9-20 (a) The energy office is the supervisory agency for the local
9-21 government energy program to provide energy management assistance
9-22 to public schools, health care institutions, and other local
9-23 governments.
9-24 (b) Projects funded under this section may include:
9-25 (1) energy management training workshops that address
9-26 current energy issues and state-of-the-art building energy
9-27 technologies;
10-1 (2) energy-efficient partnerships with school
10-2 districts or health care facilities to identify building energy
10-3 performances, set up customized utility tracking systems, establish
10-4 operation and maintenance procedures to curtail energy waste,
10-5 identify capital energy projects that will yield a high return on
10-6 investment, and locate appropriate sources of retrofit financing;
10-7 (3) assistance in analyzing alternative methods of
10-8 financing energy-saving projects and negotiating contracts with
10-9 power suppliers;
10-10 (4) technical support in designing new facilities,
10-11 building additions, and renovations for energy-efficient operation;
10-12 and
10-13 (5) colonias as defined by Section 2306.581. [The
10-14 supervising state agency of the local government energy program
10-15 shall distribute competitive grant money under the program for
10-16 energy-saving projects that benefit local governments in this
10-17 state.]
10-18 [(b) Proposals funded under this section may include:]
10-19 [(1) energy audits of a local government facility;]
10-20 [(2) traffic light synchronization;]
10-21 [(3) fleet management; and]
10-22 [(4) fuel-efficient transit routing.]
10-23 [(c) The governor may require a grant recipient to match a
10-24 grant in a ratio determined by the governor.]
10-25 SECTION 12. Subchapter D, Chapter 2305, Government Code, is
10-26 amended by transferring Section 2305.070 from Subchapter E,
10-27 redesignating Section 2305.070 as Section 2305.039, and amending
11-1 that section to read as follows:
11-2 Sec. 2305.039 [2305.070]. TRANSPORTATION ENERGY PROGRAM.
11-3 (a) The energy office is the supervising state agency of the
11-4 transportation energy program and shall distribute funds
11-5 [competitive grant money] under the program for projects relating
11-6 to mass transit and other transportation services.
11-7 (b) A project may:
11-8 (1) assist a service provider in providing services
11-9 such as:
11-10 (A) traffic light synchronization;
11-11 (B) fleet management;
11-12 (C) computerized transit routing that is energy
11-13 efficient;
11-14 (D) car-care clinics;
11-15 (E) vanpooling or ridesharing efforts;
11-16 (F) public education related to mass transit;
11-17 (G) driver training in energy conservation
11-18 awareness; and
11-19 (H) transportation services for the elderly or
11-20 persons with a disability; and
11-21 (2) include studies to improve existing systems and
11-22 plan for future transportation systems in this state.
11-23 (c) The energy office [governor] may require a grant
11-24 recipient to match a grant in a ratio determined by the energy
11-25 office [governor].
11-26 SECTION 13. Sections 2305.013, 2305.040, 2305.061, 2305.062,
11-27 2305.063, 2305.066, 2305.068, 2305.071, and 2305.072, Government
12-1 Code, are repealed.
12-2 SECTION 14. (a) This Act takes effect September 1, 1997.
12-3 (b) The change in law made by this Act does not apply to a
12-4 contract entered into before the effective date of this Act.
12-5 SECTION 15. The importance of this legislation and the
12-6 crowded condition of the calendars in both houses create an
12-7 emergency and an imperative public necessity that the
12-8 constitutional rule requiring bills to be read on three several
12-9 days in each house be suspended, and this rule is hereby suspended.