By: Ratliff S.B. No. 1906
97S0889/1
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1-4 Code, are repealed.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 will [Subject
1-13 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 a
1-16 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 utilize oil overcharge funds for the programs and
3-7 purposes 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 and
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
3-17 [(b) The supervising state agency of the program may
3-18 distribute competitive grant money under the program to finance
3-19 energy conservation projects] approved by the energy office should
3-20 [governor for the] benefit [of]:
3-21 (1) a state agency or institution of higher education;
3-22 (2) a public school;
3-23 (3) a political subdivision of the state;
3-24 (4) a transportation provider;
3-25 (5) an agricultural producer;
4-1 (6) a small business; [and]
4-2 (7) a small to medium-sized commercial and industrial
4-3 business as defined by the standard industrial code; and
4-4 (8) a hospital or a health care facility [an
4-5 individual of low or moderate income].
4-6 (b) [(c)] The energy office [governor] shall determine the
4-7 terms under which a loan may be made under this section and shall
4-8 set the interest rate for a loan at a low rate that the energy
4-9 office [governor] determines is sufficient to recover the cost of
4-10 administering the loan program.
4-11 (c) At least 85 percent of the loans made under this section
4-12 shall be awarded to state agencies, institutions of higher
4-13 education, public schools, or political subdivisions.
4-14 (d) Any borrower that [A person who] receives a loan under
4-15 this section shall repay the principal of and interest on the loan
4-16 from the value of energy savings that accrues as the result of the
4-17 energy conservation measure implemented with the borrowed money.
4-18 (e) An [A state agency or] institution that receives a loan
4-19 under this section shall repay the loan from the amount budgeted
4-20 for the agency's or institution's energy costs. Until the loan is
4-21 repaid, the legislature may not reduce the amount budgeted for
4-22 those energy costs to reflect the value of energy savings that
4-23 accrues as a result of the energy conservation measure implemented
4-24 with the borrowed money.
4-25 (f) It is hereby established as legislative policy that the
5-1 minimum size of the loanstar program shall be $95 million, which
5-2 shall include loan commitments and cash on hand.
5-3 SECTION 7. Subchapter D, Chapter 2305, Government Code, is
5-4 amended by redesignating Section 2305.041 as Section 2305.033 and
5-5 amending that section to read as follows:
5-6 Sec. 2305.033 [2305.041]. STATE ENERGY [CONSERVATION]
5-7 PROGRAM. (a) The energy office is the supervising state agency
5-8 for the state energy [conservation] program.
5-9 (b) In accordance with Part B, Energy Policy and
5-10 Conservation Act (42 U.S.C. Sec. 6321 et seq.), the energy office,
5-11 under the program, shall[:]
5-12 [(1)] distribute funds [direct grant money] for
5-13 projects that save measurable quantities of energy[; and]
5-14 [(2) finance the operation of the Energy Management
5-15 Center for Texas Schools, in accordance with Section 88A, Public
5-16 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
5-17 Statutes)].
5-18 (c) A project under Subsection (b)(1) must be implemented
5-19 primarily by institutions or private sector energy consumers.
5-20 (d) A proposal under Subsection (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 and
6-3 fiscal officers on various energy issues such as utility bill
6-4 analysis and energy management techniques; and
6-5 (D) provide technical assistance to appropriated
6-6 programs.
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 pursuant to Chapter 447, Government Code.
6-16 Projects funded under this section may include:
6-17 (1) energy manager training;
6-18 (2) performance contracting services as outlined 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) state building design standards compliance;
6-23 (5) creating awareness of model energy codes at the
6-24 local and state levels;
6-25 (6) development and maintenance of state's utility
7-1 database; and
7-2 (7) other appropriate energy and information
7-3 applications.
7-4 Sec. 2305.035. ALTERNATIVE FUELS PROGRAM. (a) The energy
7-5 office is the supervising state agency for the alternative fuels
7-6 program.
7-7 (b) The energy office shall provide funds under the program
7-8 to promote, facilitate, and support the use of alternative fuels in
7-9 the State of Texas.
7-10 (c) Projects may include but are not limited to:
7-11 (1) clean air projects;
7-12 (2) educational projects;
7-13 (3) demonstration and conversion projects; and
7-14 (4) technical research and training projects.
7-15 SECTION 9. Subchapter D, Chapter 2305, Government Code, is
7-16 amended by transferring Section 2305.064 from Subchapter E and
7-17 redesignating Section 2305.064 as Section 2305.036 and amending
7-18 that section to read as follows:
7-19 Sec. 2305.036 [2305.064]. HOUSING PARTNERSHIP PROGRAM.
7-20 (a) The energy office is the supervising state agency for [of] the
7-21 housing partnership program [shall distribute competitive grant
7-22 money under the program for residential energy conservation
7-23 projects that reduce the amount of energy consumed for space
7-24 heating, space cooling, water heating, refrigeration, or other
7-25 residential energy uses].
8-1 (b) The energy office shall promote the efficient use of
8-2 energy in Texas residential housing through grants, partnerships,
8-3 and loans.
8-4 (c) Projects funded under this program [section] may
8-5 include:
8-6 (1) demonstration of commercially available
8-7 cost-effective energy-saving techniques and technologies;
8-8 (2) training and technical assistance in
8-9 energy-efficient construction, design, or remodeling;
8-10 (3) providing energy education workshops or seminars
8-11 for consumers [information to occupants]; and
8-12 (4) financing [incentives] for energy [energy-saving]
8-13 designs and [or] improvements, energy-efficient appliances, and
8-14 energy management systems.
8-15 (d) [(c)] The ultimate beneficiaries of the program shall be
8-16 residential energy consumers, primarily targeting low-to-moderate
8-17 income households [a grant under this section must be low-income or
8-18 moderate-income consumers].
8-19 (e) Nonprofit organizations, community action agencies,
8-20 local governments, regional government councils, universities,
8-21 utility companies, public housing authorities, community-based
8-22 organizations, social service agencies, and other service-related
8-23 organizations may serve as leads in establishing partnerships with
8-24 the agency.
8-25 (f) [(d) A local government, public housing agency, or other
9-1 public or nonprofit organization serving the housing needs of low
9-2 and moderate income individuals may apply for a grant under this
9-3 section.]
9-4 [(e)] The energy office [supervising state agency] may
9-5 require grant recipients to match a grant in a ratio determined by
9-6 the energy office [from other sources at least the total amount of
9-7 the grants awarded under this section].
9-8 SECTION 10. Subchapter D, Chapter 2305, Government Code, is
9-9 amended by transferring Section 2305.067 from Subchapter E and
9-10 redesignating Section 2305.067 as Section 2305.037 and amending
9-11 that section to read as follows:
9-12 Sec. 2305.037 [2305.067]. RENEWABLE [ALTERNATIVE] ENERGY
9-13 DEMONSTRATION PROGRAM. (a) The energy office is the supervising
9-14 state agency of the renewable [alternative] energy demonstration
9-15 program and shall distribute [competitive] grant money under the
9-16 program for demonstration projects that develop sustainable and
9-17 renewable [alternative] energy resources, including:
9-18 (1) photovoltaic, biomass, wind, and solar
9-19 applications; and
9-20 (2) other appropriate renewable and sustainable
9-21 [alternative] energy applications.
9-22 (b) The energy office [governor] may require a grant
9-23 recipient to match a grant in a ratio determined by the energy
9-24 office [governor].
9-25 SECTION 11. Subchapter D, Chapter 2305, Government Code, is
10-1 amended by transferring Section 2305.069 from Subchapter E and
10-2 redesignating Section 2305.069 as Section 2305.038 and amending
10-3 that section to read as follows:
10-4 Sec. 2305.038 [2305.069]. LOCAL GOVERNMENT ENERGY PROGRAM.
10-5 (a) The energy office is the supervisory agency for the local
10-6 government energy program, which provides energy management
10-7 assistance to local governments, including but not limited to
10-8 public schools and health care institutions.
10-9 (b) Projects funded under this section may include:
10-10 (1) energy management training workshops which address
10-11 current energy issues and state-of-the-art building energy
10-12 technologies;
10-13 (2) energy-efficient partnerships with school
10-14 districts or health care facilities to identify building energy
10-15 performances, set up customized utility tracking systems, establish
10-16 operation and maintenance procedures to curtail energy waste,
10-17 identify capital energy projects which will yield a high return on
10-18 investment, and locate appropriate sources of retrofit financing;
10-19 (3) assistance in analyzing alternative methods of
10-20 financing energy-saving projects and negotiating contracts with
10-21 power suppliers;
10-22 (4) technical support in designing new facilities,
10-23 building additions, and renovations for energy-efficient operation;
10-24 and
10-25 (5) colonias as defined by Section 2306.581. [The
11-1 supervising state agency of the local government energy program
11-2 shall distribute competitive grant money under the program for
11-3 energy-saving projects that benefit local governments in this
11-4 state.]
11-5 [(b) Proposals funded under this section may include:]
11-6 [(1) energy audits of a local government facility;]
11-7 [(2) traffic light synchronization;]
11-8 [(3) fleet management; and]
11-9 [(4) fuel-efficient transit routing.]
11-10 [(c) The governor may require a grant recipient to match a
11-11 grant in a ratio determined by the governor.]
11-12 SECTION 12. Subchapter D, Chapter 2305, Government Code, is
11-13 amended by transferring Section 2305.070 from Subchapter E and
11-14 redesignating Section 2305.070 as Section 2305.039 and amending
11-15 that section to read as follows:
11-16 Sec. 2305.039 [2305.070]. TRANSPORTATION ENERGY PROGRAM.
11-17 (a) The energy office is the supervising state agency of the
11-18 transportation energy program and shall distribute funds
11-19 [competitive grant money] under the program for projects relating
11-20 to mass transit and other transportation services.
11-21 (b) A project may:
11-22 (1) assist a service provider in providing services
11-23 such as:
11-24 (A) traffic light synchronization;
11-25 (B) fleet management;
12-1 (C) computerized transit routing that is energy
12-2 efficient;
12-3 (D) car-care clinics;
12-4 (E) vanpooling or ridesharing efforts;
12-5 (F) public education related to mass transit;
12-6 (G) driver training in energy conservation
12-7 awareness; and
12-8 (H) transportation services for the elderly or
12-9 persons with a disability; and
12-10 (2) include studies to improve existing systems and
12-11 plan for future transportation systems in this state.
12-12 (c) The energy office [governor] may require a grant
12-13 recipient to match a grant in a ratio determined by the energy
12-14 office [governor].
12-15 SECTION 13. Sections 2305.013, 2305.040, 2305.061, 2305.062,
12-16 2305.063, 2305.066, 2305.068, 2305.071, and 2305.072, Government
12-17 Code, are repealed.
12-18 SECTION 14. This Act takes effect September 1, 1997.
12-19 SECTION 15. The importance of this legislation and the
12-20 crowded condition of the calendars in both houses create an
12-21 emergency and an imperative public necessity that the
12-22 constitutional rule requiring bills to be read on three several
12-23 days in each house be suspended, and this rule is hereby suspended.