HBA-SEP H.B. 2278 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2278
By: Carter
Energy Resources
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

The 76th Legislature placed the state energy conservation office (energy
office) under the authority of the comptroller of public accounts
(comptroller) who then created an advisory committee to make the energy
office's programs more responsive and relevant.  The committee found that
although state agencies are authorized to enter into energy efficiency
performance contracts, not one agency has done so.  According to the state
energy conservation office, agencies could save an estimated minimum of
$100,000 a day by adopting existing alternatives such as performance
contracting.  The energy office drafted a mandatory energy efficiency rule
for agencies, however, the comptroller's general council determined that
the agency's statutory authority should be clarified before the agency
could issue such a rule.  House Bill 2278 consolidates the energy
management center and the energy office, transfers all functions and
activities performed by the General Services Commission that related to
energy conservation to the office of the comptroller, and grants the
comptroller the rulemaking authority necessary to administer the state
energy conservation office programs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the comptroller of public accounts in
SECTION 4 (Sec. 2305.011, Government Code) of this bill. 

ANALYSIS

House Bill 2278 amends the Government Code to consolidate the energy
management center and the state energy conservation office and to transfer
all functions and activities performed by the General Services Commission
(GSC) related to energy conservation to the office of the comptroller of
public accounts (comptroller).  All money, contracts, leases, rights, and
obligations of GSC related to energy conservation are also transferred to
the comptroller.  The bill authorizes the comptroller to adopt rules as
necessary to administer the state energy conservation office programs.  The
bill requires a state agency to implement an energy conservation measure or
program in accordance with energy management planning, to the extent that
certain financing methods are available.  The bill specifies that the state
energy conservation office is required to semiannually  obtain, from each
state agency, information relating to the progress each agency has made in
reducing energy costs through adherence to energy management planning and
to report the information to the Legislative Budget Board.   

EFFECTIVE DATE

September 1, 2001.