1-1 By: Ratliff S.B. No. 1906
1-2 (In the Senate - Filed March 21, 1997; March 25, 1997, read
1-3 first time and referred to Committee on Finance; April 28, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 13, Nays 0; April 28, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1906 By: Ratliff
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the administration of oil overcharge funds.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 2305.031 through 2305.039, Government
1-12 Code, are repealed.
1-13 SECTION 2. Subdivision (3), Section 2305.002, Government
1-14 Code, is amended to read as follows:
1-15 (3) "Energy office" means the state energy
1-16 conservation office of the General Services Commission.
1-17 SECTION 3. Section 2305.011, Government Code, is amended to
1-18 read as follows:
1-19 Sec. 2305.011. ADMINISTRATION BY GENERAL SERVICES COMMISSION
1-20 [GOVERNOR] AND ENERGY OFFICE. (a) The energy office shall
1-21 [Subject to Section 2305.013, the governor may:]
1-22 [(1) finance a project under this chapter; and]
1-23 [(2)] oversee and monitor the administration of
1-24 programs [a program] prescribed by this chapter.
1-25 (b) The governor and the energy office may establish direct
1-26 grant programs and competitive grant programs in addition to the
1-27 programs provided by this chapter.
1-28 (c) The energy office [governor] shall[:]
1-29 [(1) determine the supervising state agency for each
1-30 competitive grant program and for each direct grant program
1-31 established by the governor; and]
1-32 [(2)] establish programs and criteria and evaluate a
1-33 proposal in accordance with applicable federal guidelines.
1-34 (d) The energy office shall send to the appropriate federal
1-35 entity all information required under applicable federal
1-36 guidelines.
1-37 (e) Criteria established under this section may apply
1-38 generally to all programs or specifically to one or more programs.
1-39 SECTION 4. Sections 2305.022 and 2305.023, Government Code,
1-40 are amended to read as follows:
1-41 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
1-42 used only by the governor and the General Services Commission to
1-43 implement and operate the programs authorized by this chapter.
1-44 Sec. 2305.023. ACCOUNT RECORDS; ENERGY OFFICE REPORT.
1-45 (a) The comptroller shall establish records of the money in the
1-46 account that are sufficient to identify the source of each
1-47 particular amount in the account to facilitate a determination of
1-48 compliance with applicable federal guidelines relating to the use
1-49 of money derived from each particular source.
1-50 (b) Not later than January 15 of each odd-numbered year, the
1-51 energy office shall submit to the governor and the legislature a
1-52 biennial report that shows the expenditures from the account during
1-53 the previous biennium and the amount remaining in the account on
1-54 the date of the report.
1-55 SECTION 5. Subchapter D, Chapter 2305, Government Code, is
1-56 amended by amending the subchapter heading and adding Section
1-57 2305.031 to read as follows:
1-58 SUBCHAPTER D. OIL OVERCHARGE [DIRECT GRANT] PROGRAMS
1-59 Sec. 2305.031. OIL OVERCHARGE PROGRAMS. The energy office
1-60 shall maintain a revolving loan program for the benefit of state
1-61 agencies, universities, and political subdivisions. The energy
1-62 office shall use oil overcharge funds for the programs and purposes
1-63 in this subchapter.
1-64 SECTION 6. Subchapter D, Chapter 2305, Government Code, is
2-1 amended by transferring Section 2305.065 from Subchapter E,
2-2 redesignating Section 2305.065 as Section 2305.032, and amending
2-3 that section to read as follows:
2-4 Sec. 2305.032 [2305.065]. LOANSTAR REVOLVING LOAN PROGRAM.
2-5 (a) The energy office [governor] under the loanstar revolving loan
2-6 program may approve and finance [demonstration] projects that
2-7 provide loans to eligible applicants for energy-saving capital
2-8 improvements. Projects [(b) The supervising state agency of the
2-9 program may distribute competitive grant money under the program to
2-10 finance energy conservation projects] approved by the energy office
2-11 should [governor for the] benefit [of]:
2-12 (1) a state agency or institution of higher education;
2-13 (2) a public school;
2-14 (3) a political subdivision of the state;
2-15 (4) [a transportation provider;]
2-16 [(5) an agricultural producer;]
2-17 [(6)] a small to medium-sized business; and
2-18 (5) a public or nonprofit hospital or health care
2-19 facility [(7) an individual of low or moderate income].
2-20 (b) [(c)] The energy office [governor] shall determine the
2-21 terms under which a loan may be made under this section and shall
2-22 set the interest rate for a loan at a low rate that the energy
2-23 office [governor] determines is sufficient to recover the cost of
2-24 administering the loan program.
2-25 (c) At least 85 percent of the loans made under this section
2-26 shall be awarded to state agencies, institutions of higher
2-27 education, public schools, or political subdivisions.
2-28 (d) Any borrower that [A person who] receives a loan under
2-29 this section shall repay the principal of and interest on the loan
2-30 from the value of energy savings that accrues as the result of the
2-31 energy conservation measure implemented with the borrowed money.
2-32 (e) An [A state agency or] institution that receives a loan
2-33 under this section shall repay the loan from the amount budgeted
2-34 for the agency's or institution's energy costs. Until the loan is
2-35 repaid, the legislature may not reduce the amount budgeted for
2-36 those energy costs to reflect the value of energy savings that
2-37 accrues as a result of the energy conservation measure implemented
2-38 with the borrowed money.
2-39 (f) The energy office shall allocate at least $95 million,
2-40 including loan commitments and cash on hand, to the loanstar
2-41 program and shall administer the funds under its control in a
2-42 manner that assures that funds available to the loanstar program
2-43 equal or exceed $95 million at all times.
2-44 SECTION 7. Subchapter D, Chapter 2305, Government Code, is
2-45 amended by redesignating Section 2305.041, as Section 2305.033 and
2-46 amending that section to read as follows:
2-47 Sec. 2305.033 [2305.041]. STATE ENERGY [CONSERVATION]
2-48 PROGRAM. (a) The energy office is the supervising state agency
2-49 for the state energy [conservation] program.
2-50 (b) In accordance with Part B, Energy Policy and
2-51 Conservation Act (42 U.S.C. Sec. 6321 et seq.), the energy office,
2-52 under the program, shall[:]
2-53 [(1)] distribute funds [direct grant money] for
2-54 projects that save measurable quantities of energy[; and]
2-55 [(2) finance the operation of the Energy Management
2-56 Center for Texas Schools, in accordance with Section 88A, Public
2-57 Utility Regulatory Act (Article 1446c, Vernon's Texas Civil
2-58 Statutes)].
2-59 (c) A project under Subsection (b) [(b)(1)] must be
2-60 implemented primarily by institutions or private sector energy
2-61 consumers.
2-62 (d) A proposal under Subsection (b) [(b)(1)] must:
2-63 (1) promote the conservation of energy; and
2-64 (2) improve the efficient use of energy through
2-65 activities that result in quantifiable energy savings, including:
2-66 (A) energy audits of buildings;
2-67 (B) technical assistance in reducing energy
2-68 bills; [and]
2-69 (C) [providing] training to building operators
3-1 and fiscal officers on various energy issues such as utility bill
3-2 analysis and energy management techniques; and
3-3 (D) other technical assistance to programs for
3-4 which funds are appropriated.
3-5 [(e) A public school may not receive a grant or the benefits
3-6 of a grant under Subsection (b)(2) unless the governor approves the
3-7 school's energy conservation plan.]
3-8 SECTION 8. Subchapter D, Chapter 2305, Government Code, is
3-9 amended by adding Sections 2305.034 and 2305.035 to read as
3-10 follows:
3-11 Sec. 2305.034. STATE AGENCIES PROGRAM. The energy office is
3-12 the supervising agency for the state agencies program that may
3-13 distribute funds through Chapter 447. Projects funded under this
3-14 section may include:
3-15 (1) energy manager training;
3-16 (2) performance contracting services described by
3-17 Section 51.927, Education Code;
3-18 (3) energy-efficient design assistance for new
3-19 facilities, including major renovation;
3-20 (4) projects for state building design standards
3-21 compliance;
3-22 (5) projects to create awareness of model energy codes
3-23 at the local and state levels;
3-24 (6) projects to develop and maintain the state's
3-25 utility database; and
3-26 (7) other appropriate energy and information
3-27 applications.
3-28 Sec. 2305.035. ALTERNATIVE FUELS PROGRAM. (a) The energy
3-29 office is the supervising state agency for the alternative fuels
3-30 program.
3-31 (b) The energy office shall provide funds under the program
3-32 to promote, facilitate, and support the use of alternative fuels in
3-33 this state.
3-34 (c) Among the projects that may be funded under this section
3-35 are:
3-36 (1) clean air projects;
3-37 (2) educational projects;
3-38 (3) demonstration and conversion projects; and
3-39 (4) technical research and training projects.
3-40 SECTION 9. Subchapter D, Chapter 2305, Government Code, is
3-41 amended by transferring Section 2305.064 from Subchapter E,
3-42 redesignating Section 2305.064 as Section 2305.036, and amending
3-43 that section to read as follows:
3-44 Sec. 2305.036 [2305.064]. HOUSING PARTNERSHIP PROGRAM.
3-45 (a) The energy office is the supervising state agency for [of] the
3-46 housing partnership program [shall distribute competitive grant
3-47 money under the program for residential energy conservation
3-48 projects that reduce the amount of energy consumed for space
3-49 heating, space cooling, water heating, refrigeration, or other
3-50 residential energy uses].
3-51 (b) The energy office shall promote the efficient use of
3-52 energy in Texas residential housing through grants, partnerships,
3-53 and loans.
3-54 (c) Projects funded under this program [section] may
3-55 include:
3-56 (1) projects to demonstrate [demonstration of]
3-57 commercially available cost-effective energy-saving techniques and
3-58 technologies;
3-59 (2) training and technical assistance in
3-60 energy-efficient construction, design, or remodeling;
3-61 (3) projects to provide energy education workshops or
3-62 seminars for consumers [providing information to occupants]; [and]
3-63 (4) financing [incentives] for energy [energy-saving]
3-64 designs and [or] improvements, energy-efficient appliances, and
3-65 energy management systems; and
3-66 (5) funding of a weatherization assistance program to
3-67 benefit individuals of low or moderate income.
3-68 (d) [(c)] The ultimate beneficiaries of the program shall be
3-69 residential energy consumers, primarily targeting low-to-moderate
4-1 income households [a grant under this section must be low-income or
4-2 moderate-income consumers].
4-3 (e) Nonprofit organizations, community action agencies,
4-4 local governments, regional government councils, universities,
4-5 utility companies, public housing authorities, community-based
4-6 organizations, social service agencies, and other service-related
4-7 organizations may serve as leads in establishing partnerships with
4-8 the agency.
4-9 (f) [(d) A local government, public housing agency, or other
4-10 public or nonprofit organization serving the housing needs of low
4-11 and moderate income individuals may apply for a grant under this
4-12 section.]
4-13 [(e)] The energy office [supervising state agency] may
4-14 require grant recipients to match a grant in a ratio determined by
4-15 the energy office [from other sources at least the total amount of
4-16 the grants awarded under this section].
4-17 SECTION 10. Subchapter D, Chapter 2305, Government Code, is
4-18 amended by transferring Section 2305.067 from Subchapter E,
4-19 redesignating Section 2305.067 as Section 2305.037, and amending
4-20 that section to read as follows:
4-21 Sec. 2305.037 [2305.067]. RENEWABLE [ALTERNATIVE] ENERGY
4-22 DEMONSTRATION PROGRAM. (a) The energy office is the supervising
4-23 state agency of the renewable [alternative] energy demonstration
4-24 program and shall distribute [competitive] grant money under the
4-25 program for demonstration projects that develop sustainable and
4-26 renewable [alternative] energy resources, including:
4-27 (1) photovoltaic, biomass, wind, and solar
4-28 applications; and
4-29 (2) other appropriate renewable and sustainable
4-30 [alternative] energy applications.
4-31 (b) The energy office [governor] may require a grant
4-32 recipient to match a grant in a ratio determined by the energy
4-33 office [governor].
4-34 SECTION 11. Subchapter D, Chapter 2305, Government Code, is
4-35 amended by transferring Section 2305.069 from Subchapter E,
4-36 redesignating Section 2305.069 as Section 2305.038, and amending
4-37 that section to read as follows:
4-38 Sec. 2305.038 [2305.069]. LOCAL GOVERNMENT ENERGY PROGRAM.
4-39 (a) The energy office is the supervisory agency for the local
4-40 government energy program to provide energy management assistance
4-41 to public schools, health care institutions, and other local
4-42 governments.
4-43 (b) Projects funded under this section may include:
4-44 (1) energy management training workshops that address
4-45 current energy issues and state-of-the-art building energy
4-46 technologies;
4-47 (2) energy-efficient partnerships with school
4-48 districts or health care facilities to identify building energy
4-49 performances, set up customized utility tracking systems, establish
4-50 operation and maintenance procedures to curtail energy waste,
4-51 identify capital energy projects that will yield a high return on
4-52 investment, and locate appropriate sources of retrofit financing;
4-53 (3) assistance in analyzing alternative methods of
4-54 financing energy-saving projects and negotiating contracts with
4-55 power suppliers;
4-56 (4) technical support in designing new facilities,
4-57 building additions, and renovations for energy-efficient operation;
4-58 and
4-59 (5) colonias as defined by Section 2306.581. [The
4-60 supervising state agency of the local government energy program
4-61 shall distribute competitive grant money under the program for
4-62 energy-saving projects that benefit local governments in this
4-63 state.]
4-64 [(b) Proposals funded under this section may include:]
4-65 [(1) energy audits of a local government facility;]
4-66 [(2) traffic light synchronization;]
4-67 [(3) fleet management; and]
4-68 [(4) fuel-efficient transit routing.]
4-69 [(c) The governor may require a grant recipient to match a
5-1 grant in a ratio determined by the governor.]
5-2 SECTION 12. Subchapter D, Chapter 2305, Government Code, is
5-3 amended by transferring Section 2305.070 from Subchapter E,
5-4 redesignating Section 2305.070 as Section 2305.039, and amending
5-5 that section to read as follows:
5-6 Sec. 2305.039 [2305.070]. TRANSPORTATION ENERGY PROGRAM.
5-7 (a) The energy office is the supervising state agency of the
5-8 transportation energy program and shall distribute funds
5-9 [competitive grant money] under the program for projects relating
5-10 to mass transit and other transportation services.
5-11 (b) A project may:
5-12 (1) assist a service provider in providing services
5-13 such as:
5-14 (A) traffic light synchronization;
5-15 (B) fleet management;
5-16 (C) computerized transit routing that is energy
5-17 efficient;
5-18 (D) car-care clinics;
5-19 (E) vanpooling or ridesharing efforts;
5-20 (F) public education related to mass transit;
5-21 (G) driver training in energy conservation
5-22 awareness; and
5-23 (H) transportation services for the elderly or
5-24 persons with a disability; and
5-25 (2) include studies to improve existing systems and
5-26 plan for future transportation systems in this state.
5-27 (c) The energy office [governor] may require a grant
5-28 recipient to match a grant in a ratio determined by the energy
5-29 office [governor].
5-30 SECTION 13. Sections 2305.013, 2305.040, 2305.061, 2305.062,
5-31 2305.063, 2305.066, 2305.068, 2305.071, and 2305.072, Government
5-32 Code, are repealed.
5-33 SECTION 14. (a) This Act takes effect September 1, 1997.
5-34 (b) The change in law made by this Act does not apply to a
5-35 contract entered into before the effective date of this Act.
5-36 SECTION 15. The importance of this legislation and the
5-37 crowded condition of the calendars in both houses create an
5-38 emergency and an imperative public necessity that the
5-39 constitutional rule requiring bills to be read on three several
5-40 days in each house be suspended, and this rule is hereby suspended.
5-41 * * * * *