SRC-TBR C.S.S.B. 1825 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1825
By: Sibley
Business & Commerce
4/24/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the state does not have statewide energy plan.  C.S.S.B. 1825
creates the Texas Energy Policy Council, which will be responsible for the
creation of a statewide energy policy. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. SHORT TITLE.  Authorizes this chapter to be cited as the Texas
Energy Policy Act. 

SECTION 2.  Amends the Utilities Code by adding Title 6, as follows:

TITLE 6.  TEXAS ENERGY POLICY ACT

CHAPTER 300.  STRATEGIC ENERGY PLANNING

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 300.001.  PURPOSE AND FINDINGS.  Sets forth the purpose of this title.

 Sec.  300.002.  DEFINITIONS.  Defines "council," "office," and "plan."

Sec. 300.003.  TEXAS ENERGY POLICY COUNCIL.  (a) Provides that the Texas
Energy Policy Council is created to develop and recommend a statewide
energy policy plan to the legislature.  Provides that a statewide energy
policy plan must be updated to reflect evolving conditions and as such
should be considered a living document. 

  (b)  Provides that the council is composed of nine specified members.

(c)  Requires the governor to designate the presiding officer from among
the members of the council. 

(d)  Provides that an appointed member of the council serves at the
pleasure of the appointing official. 

(e)  Provides that members of the council receive no compensation but are
entitled to reimbursement of actual and necessary expenses incurred in the
performance of their duties. 

(f)  Requires the council to meet at least quarterly while developing an
initial plan. Authorizes the council to meet annually after submitting the
plan to the legislature. 
 
(g)  Requires the council to develop and implement policies that provide
the public with a reasonable opportunity to appear before the council and
to speak on any issue under the jurisdiction of the council. 

(h)  Provides that the State Energy Conservation Office (office) is
designated as the state agency responsible for administering the council.
Requires staff from the office to be designated as necessary to assist the
council in carrying out its duties. 

Sec. 300.004.  POWERS, DUTIES AND RESPONSIBILITIES OF THE COUNCIL.  (a)
Requires the council, in developing a long-term plan, to take certain
actions. 

(b)  Requires the council to submit to the legislature its initial plan by
December 1, 2002.  Requires the council to report to the legislature by
December 1 of each evennumbered year the status of the plan's
implementation and make any recommendations for legislative action as
necessary to implement or revise the plan.  Authorizes the council to
update the plan as necessary. 

Sec. 300.005.  FUELS AND TECHNOLOGIES.  (a)  Requires the council to
consider certain fuel sources and new, innovative technologies associated
with these fuels in creating and recommending a plan.  Provides that these
fuels include, but are not limited to, certain specified fuels. 

(b)  Requires the council to seek policies to ensure that fuel resources
available to the state are used in a balanced and efficient manner.
Requires the council to consider the economic viability and environmental
impact of new fuels and technologies when making its recommendations. 

Sec. 300.006.  ENERGY EFFICIENT TECHNOLOGY.  (a)  Requires the council, in
order to reduce the energy demand of customers in this state, to consider
energy efficient technologies in creating and recommending its plan.
Requires energy efficient technologies to be considered for certain energy
users. 

(b)  Requires the council to consider the economic viability of new
technologies when making its recommendations. 

(c)  Requires the council, due to the ability of energy efficient
technologies to reduce the demand for energy and the need for additional
transmission capacity throughout the state, to give these technologies
priority when creating its plan. 

Sec. 300.007.  TRANSMISSION AND TRANSPORTATION.  (a)  Requires the council
to consider and recommend strategies to ensure that the customers of this
state have access to reliable energy. 

(b)  Requires the council to consider transmission and transportation
constraints, and make recommendations in the plan to alleviate or prevent
those constraints, for certain specified sources of energy. 

Sec. 300.008.  EXPLORATION.  (a)  Requires the council to consider and
recommend strategies for the exploration and capture of natural resources
necessary for energy production in this state. 

  (b)  Requires the council to consider strategies for certain resources.

Sec. 300.009.  ENVIRONMENT.  (a)  Requires the council, when creating and
recommending its plan, to consider the effect of energy production on the
environment. 
 
(b)  Requires the council to recommend strategies which protect and
preserve the environment of the state while allowing for access to safe,
economical and reliable sources of energy.  Requires the council to
consider the following:  (1) air quality, (2) water quality, and (3) waste
disposal. 

SECTION 3.  Repealer: Section 39.9044 (Goal for Natural Gas), Utilities
Code. 

SECTION 4.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. 1825 by providing for the SHORT TITLE.

SECTION 2.  Amends As Filed S.B. 1825 by adding Subdivision (4) to Section
300.001, to provide an additional goal under the purpose of this title. 

Amends As Filed S.B. 1825 by deleting Section 300.003(i) and deleting
Section 300.005 (FUNDING). 

Amends As Filed S.B. 1825 by adding Section 300.004(5), to add an
additional responsibility for the council. 

Amends As Filed S.B. 1825 by amending the heading to Section 300.005 to
read FUELS AND TECHNOLOGIES. 

SECTION 3.  Amends As Filed by redesignating SECTION 2 as SECTION 3.

SECTION 4.  Amends As Filed by redisignating SECTION 3 as SECTION 4.