By Carter H.B. No. 2278
77R10038 MTB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consolidation and functions of the energy
1-3 management center and the state energy conservation office and to
1-4 the transfer of the powers and duties of the center and the office
1-5 to the comptroller's office.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 447, Government Code, is amended to read
1-8 as follows:
1-9 CHAPTER 447. STATE ENERGY CONSERVATION OFFICE
1-10 [ENERGY MANAGEMENT CENTER]
1-11 Sec. 447.001. ESTABLISHMENT OF OFFICE [CENTER]. (a) The
1-12 state energy conservation office [management center] is established
1-13 in the comptroller's office [General Services Commission] and shall
1-14 be authorized to promote those policies of the state enumerated in
1-15 this chapter.
1-16 (b) The state energy conservation office performs the
1-17 functions prescribed for the office by Chapter 2305.
1-18 Sec. 447.0011. REFERENCE IN LAW. A reference in law to the
1-19 energy management center means the state energy conservation
1-20 office.
1-21 Sec. 447.002. INFORMATION; RULES; PROGRAMS. The state energy
1-22 conservation office [management center] shall develop and provide
1-23 energy conservation information for the state. The office [center]
1-24 may make rules relating to the adoption and implementation of
2-1 energy conservation programs applicable to state buildings and
2-2 facilities. The office [center] may act in such other capacities
2-3 as otherwise authorized by state or federal law. The office's
2-4 [center's] rules for programs and energy conservation, adopted
2-5 under Chapter 2001, may include provisions relating to the
2-6 retrofitting of existing state structures with energy-saving
2-7 devices and to the energy-related renovation of such structures.
2-8 To the extent that the office [of the governor] receives money
2-9 appropriated for energy efficiency programs, the office [of the
2-10 governor, through the energy management center,] shall implement
2-11 programs that it [the center] identifies as encouraging energy
2-12 conservation by state government. The office shall adopt rules
2-13 requiring [Unless money is available for the implementation of such
2-14 a program,] a state agency to implement [is not required to spend
2-15 money for] an energy conservation measure or program in accordance
2-16 with the plans developed under Section 447.010 if:
2-17 (1) the measure or program meets the eligibility
2-18 requirements of Section 2166.406; and
2-19 (2) funding is available, including funding from a
2-20 financing method prescribed by Section 2166.406 [under this
2-21 section].
2-22 Sec. 447.003. LIAISON TO FEDERAL GOVERNMENT. The state
2-23 energy conservation office [management center] shall serve as the
2-24 state liaison to the federal government for the implementation and
2-25 administration of federal programs relating to state agency energy
2-26 matters. In that capacity, the office [center] shall administer
2-27 state programs established under:
3-1 (1) Part D, Title III, Energy Policy and Conservation
3-2 Act (42 U.S.C. 6321 et seq.);
3-3 (2) Part G, Title III, Energy Policy and Conservation
3-4 Act (42 U.S.C. 6371 et seq.);
3-5 (3) the National Energy Extension Service Act (42
3-6 U.S.C. 7001 et seq.); and
3-7 (4) other federal energy conservation programs as may
3-8 be assigned to the office [energy management center] by the
3-9 governor or legislature.
3-10 Sec. 447.004. DESIGN STANDARDS. (a) The state energy
3-11 conservation office [management center] shall adopt and publish
3-12 energy conservation design standards, under Chapter 2001, that all
3-13 new state buildings and major renovation projects, including
3-14 buildings and major renovation projects of state-supported
3-15 institutions of higher education, are required to meet. The office
3-16 [center] shall define what constitutes a major renovation project
3-17 under this section and shall review and update the standards
3-18 biennially.
3-19 (b) The standards must include performance and procedural
3-20 standards for the maximum energy conservation allowed by the latest
3-21 and most cost-effective technology that is consistent with the
3-22 requirements of public health, safety, and economic resources.
3-23 (c) The standards must be adopted in terms of energy
3-24 consumption levels and must take into consideration the various
3-25 classes of building uses and must allow for design flexibility.
3-26 Procedural standards must be directed toward specific design and
3-27 building practices that produce good thermal resistance and low
4-1 infiltration and toward requiring practices in the design of
4-2 mechanical and electrical systems that maximize energy efficiency.
4-3 The procedural standards must concern, as applicable:
4-4 (1) insulation;
4-5 (2) lighting;
4-6 (3) ventilation;
4-7 (4) climate control;
4-8 (5) special energy requirements of health-related
4-9 facilities of higher education and state agencies; and
4-10 (6) any other item that the office [center] considers
4-11 appropriate that is adopted under Chapter 2001.
4-12 (d) In order to demonstrate compliance with the requirement
4-13 to adopt and update the conservation design standards, each agency
4-14 and institution of higher education shall submit a copy of its
4-15 design and construction manuals to the office [center] on request.
4-16 (e) Prior to construction, agencies and institutions of
4-17 higher education shall have the design architect or engineer on the
4-18 project certify to the agency or institution, with a copy to the
4-19 office [energy management center], that all new building
4-20 construction and major building renovation projects comply with the
4-21 energy conservation design standards required under this section.
4-22 Sec. 447.005. ENERGY EFFICIENCY PROJECTS. Subject to
4-23 applicable state and federal laws or guidelines, the state energy
4-24 conservation office [management center] may implement energy
4-25 efficiency projects at state agencies or may assist those agencies
4-26 in implementing the projects through energy efficiency programs
4-27 financed through state or federal grants or loans.
5-1 Sec. 447.006. OBTAINING AND REPORTING DATA. The state energy
5-2 conservation office [management center] shall [obtain]
5-3 semiannually:
5-4 (1) obtain from each state agency information relating
5-5 to the progress each agency has made in reducing energy costs
5-6 through adherence to the plans developed under Section 447.010; and
5-7 (2) report the information obtained in Subdivision (1)
5-8 to the Legislative Budget Board [cost of heating and cooling
5-9 buildings owned by the state].
5-10 Sec. 447.007. MODEL CODES. The state energy conservation
5-11 office [management center] may recommend model energy conservation
5-12 building codes to municipalities for use in enacting or amending
5-13 municipal ordinances.
5-14 Sec. 447.008. ADDITIONAL ENERGY SERVICES. (a) The state
5-15 energy conservation office [management center] may provide
5-16 additional energy services, including:
5-17 (1) training of designated state employees in energy
5-18 management, energy-accounting techniques, and energy efficient
5-19 design and construction;
5-20 (2) technical assistance regarding energy efficient
5-21 capital improvements, energy efficient building design, and
5-22 cogeneration and thermal storage investments;
5-23 (3) technical assistance to the State Auditor and to
5-24 state agencies regarding conducting energy management performance
5-25 audits and monitoring of utility bills to detect billing errors;
5-26 (4) technical assistance to state agencies regarding
5-27 third-party financing of energy efficient capital improvement
6-1 projects; and
6-2 (5) other energy-related assistance requested by
6-3 agencies, other legislatively created entities of the state,
6-4 institutions of higher education, and consortiums of institutions
6-5 of higher education that the office [center] considers appropriate.
6-6 (b) Using available state, federal, or oil overcharge funds,
6-7 the office [energy management center] may assist state agencies and
6-8 institutions of higher education in analyzing and negotiating rates
6-9 for electricity and natural gas supplies from locally certificated
6-10 electric suppliers, natural gas suppliers, or state-owned energy
6-11 resources, including transportation charges for natural gas. The
6-12 provisions of this section shall not be construed to empower the
6-13 office [energy management center] to negotiate rates for natural
6-14 gas supplies on behalf of state agencies or institutions but rather
6-15 to provide technical assistance as needed.
6-16 (c) Agencies and institutions of higher education may seek
6-17 the assistance of the office [energy management center] before
6-18 negotiating or contracting for the supply and transportation of
6-19 natural gas and electricity that will result in an anticipated
6-20 annual expenditure of more than $100,000.
6-21 (d) Any state agency or institution of higher education with
6-22 expertise in rate analysis, negotiation, or any other matter
6-23 related to the procurement of electricity and natural gas supplies
6-24 from locally certificated electric suppliers, natural gas
6-25 suppliers, or state-owned energy resources may assist the office
6-26 [energy management center] whenever practicable. The attorney
6-27 general on request shall assist the office [energy management
7-1 center] and other state agencies and institutions of higher
7-2 education in negotiating rates for electricity and other terms of
7-3 electric utility service.
7-4 (e) Using available funds from any source where permitted,
7-5 the office [energy management center] may assist state agencies,
7-6 legislatively created entities of the state, institutions of higher
7-7 education, and consortiums of institutions of higher education to
7-8 further the goals and pursue the policies of the state in energy
7-9 research as may be determined by the governor or the legislature.
7-10 The office [energy management center] may assist state agencies,
7-11 which are hereby authorized to act in accordance with this section,
7-12 in implementing federal energy policy as expressed in Pub. L. No.
7-13 102-486, 106 Stat. 2776 (1992).
7-14 (f) The office [energy management center] on request may
7-15 negotiate rates for electricity and other terms of electric utility
7-16 service for a state agency or institution of higher education. The
7-17 office [energy management center] may also negotiate the rates and
7-18 the other terms of service for a group of agencies and institutions
7-19 together in a single contract.
7-20 (g) The office [energy management center] shall analyze the
7-21 rates for electricity charged to and the amount of electricity used
7-22 by state agencies and institutions of higher education to determine
7-23 ways the state could obtain lower rates and use less electricity.
7-24 State agencies, including the Public Utility Commission of Texas,
7-25 and institutions of higher education shall assist the office
7-26 [energy management center] in obtaining the information the office
7-27 [center] requires to perform its analysis.
8-1 (h) The office [energy management center] and the attorney
8-2 general shall cooperate in monitoring efforts to deregulate the
8-3 electric utility industry and in reporting on the ways in which
8-4 deregulation would affect state government as a purchaser of
8-5 electricity. The office [energy management center], represented by
8-6 the attorney general, may intervene in proceedings before the
8-7 Public Utility Commission of Texas that are related to deregulating
8-8 all or part of the electric utility industry to represent the
8-9 interests of state government as a purchaser of electricity in
8-10 those proceedings.
8-11 Sec. 447.009. ENERGY AUDITS. (a) The state energy
8-12 conservation office [management center] shall conduct audits of
8-13 state-owned buildings used by state agencies. The audits shall be
8-14 designed to assist state agencies in reducing energy consumption
8-15 and costs through improved energy efficiency.
8-16 (b) Based on the audit performed under Subsection (a) of
8-17 this section, the state energy conservation office [of the
8-18 governor] may recommend changes to improve energy efficiency.
8-19 (c) The state energy conservation office [management center]
8-20 may provide training, technical assistance, and funding, if
8-21 available, to the State Auditor's office or the office charged with
8-22 performing management audits of state agencies to conduct energy
8-23 management audits in state agencies and institutions of higher
8-24 education.
8-25 (d) State agencies and institutions of higher education
8-26 shall conduct reviews and audits of utility billings and contracts
8-27 to detect billing errors. Contracts with private sector firms must
9-1 comply with all applicable provisions of Chapter 654 regarding
9-2 professional services contracts and may not be awarded on a
9-3 contingent fee basis unless a finding that the contract is
9-4 necessary, reasonable, and prudent is obtained from the office of
9-5 the governor.
9-6 Sec. 447.010. [ENERGY-SAVING DEVICES OR MEASURES. (a) On
9-7 approval by the energy -management center, a state agency that
9-8 reduces its energy expenses may use any funds saved by the agency
9-9 from appropriated utility funds for the purchase of energy-saving
9-10 devices or measures. For purposes of this section, "energy-saving
9-11 device or measure" means a device or measure that directly reduces
9-12 energy costs or the consumption of a lighting, heating,
9-13 ventilating, or air conditioning system or of other equipment that
9-14 uses electricity, natural gas, fuel oil, or any other energy source
9-15 without materially altering the quality of such lighting, heating,
9-16 ventilating, air conditioning, or other energy consuming system.]
9-17 [(b) A state agency, in accordance with the recommendations
9-18 of an energy audit, may purchase energy-saving devices or measures
9-19 from appropriated utility funds if the savings in utility funds
9-20 projected by the audit will offset the purchase within four years.
9-21 A copy of the recommendation and repayment schedule must be
9-22 attached to the purchase voucher as evidence of the projected
9-23 savings.]
9-24 [Sec. 447.011.] ENERGY MANAGEMENT PLANNING. (a) The state
9-25 energy conservation office [management center] shall provide energy
9-26 management planning assistance to state agencies and institutions
9-27 of higher education, including:
10-1 (1) preparation of a long-range plan for the delivery
10-2 of reliable, cost-effective utility services for state agencies,
10-3 institutions of higher education, boards, and commissions in Travis
10-4 County. This plan shall be presented to the affected agencies for
10-5 use in preparing their five-year construction and major
10-6 rehabilitation plans. After other energy-saving alternatives are
10-7 considered, district heating and cooling and on-site generation of
10-8 electricity may be considered in planning for reliable, efficient,
10-9 and cost-effective utility services;
10-10 (2) assistance to the Department of Public Safety for
10-11 energy emergency contingency planning, using state or federal funds
10-12 when available; [and]
10-13 (3) assistance to state agencies and institutions of
10-14 higher education in preparing comprehensive energy management
10-15 plans. The office [energy management center] shall prepare
10-16 guidelines for the preparation of these plans. State agencies and
10-17 institutions of higher education that expend more than $250,000
10-18 annually for heating, lighting, and cooling and that occupy
10-19 state-owned buildings shall prepare and submit a five-year energy
10-20 management plan to the office [center]. Agencies and institutions
10-21 of higher education with smaller usage may be required to submit
10-22 such plans. Updated plans shall be submitted biennially when
10-23 requested by the office; and
10-24 (4) assistance to state agencies other than
10-25 institutions of higher education in meeting the requirements of
10-26 Section 447.002, including assistance in scheduling and assigning
10-27 priorities to implementation plans to ensure that state agencies
11-1 adopt qualified cost-effective efficiency measures and programs for
11-2 all state facilities by September 1, 2006 [center].
11-3 (b) The energy management plan required in Subsection (a)(3)
11-4 shall be included in the five-year construction and major
11-5 rehabilitation plans for institutions of higher education as
11-6 required under Section 61.058 and 61.0651, Education Code.
11-7 SECTION 2. Section 2305.002(3), Government Code, is amended
11-8 to read as follows:
11-9 (3) "Energy office" means the state energy
11-10 conservation office of the comptroller's office as established by
11-11 Chapter 447 [General Services Commission].
11-12 SECTION 3. The heading to Section 2305.011, Government Code,
11-13 is amended to read as follows:
11-14 Sec. 2305.011. ADMINISTRATION BY COMPTROLLER'S OFFICE
11-15 [GENERAL SERVICES COMMISSION] AND ENERGY OFFICE.
11-16 SECTION 4. Section 2305.011, Government Code, is amended by
11-17 adding Subsection (f) to read as follows:
11-18 (f) The comptroller may adopt rules as necessary to
11-19 administer the programs prescribed by this chapter.
11-20 SECTION 5. Section 2305.022, Government Code, is amended to
11-21 read as follows:
11-22 Sec. 2305.022. USE OF ACCOUNT. Money in the account may be
11-23 used only by the governor and the comptroller's office [General
11-24 Services Commission] to implement and operate the programs
11-25 authorized by this chapter.
11-26 SECTION 6. On September 1, 2001:
11-27 (1) the energy management center established under
12-1 Chapter 447, Government Code, as it existed on the effective date
12-2 of this Act, and the state energy conservation office established
12-3 under Chapter 2305, Government Code, are consolidated;
12-4 (2) all functions and activities performed by the
12-5 General Services Commission that relate to energy conservation
12-6 under Chapter 447 or 2305, Government Code, immediately before that
12-7 date are transferred to the comptroller's office;
12-8 (3) all employees of the General Services Commission
12-9 who primarily perform duties related to energy conservation under
12-10 Chapter 447 or 2305, Government Code, become employees of the
12-11 comptroller's office;
12-12 (4) a rule, standard, or form adopted by the General
12-13 Services Commission that relates to energy conservation under
12-14 Chapter 447 or 2305, Government Code, is a rule or form of the
12-15 comptroller's office and remains in effect until altered by the
12-16 office;
12-17 (5) a reference in law to the General Services
12-18 Commission that relates to energy conservation under Chapter 447 or
12-19 2305, Government Code, means the comptroller's office;
12-20 (6) a proceeding involving the General Services
12-21 Commission that is related to energy conservation under Chapter 447
12-22 or 2305, Government Code, is transferred without change in status
12-23 to the comptroller's office, and the comptroller's office assumes
12-24 without a change in status the position of the General Services
12-25 Commission in a proceeding relating to energy conservation to which
12-26 the General Services Commission is a party;
12-27 (7) all money, contracts, leases, rights, and
13-1 obligations of the General Services Commission related to energy
13-2 conservation under Chapter 447 or 2305, Government Code, are
13-3 transferred to the comptroller's office;
13-4 (8) all property, including records, in the custody of
13-5 the General Services Commission related to energy conservation
13-6 under Chapter 447 or 2305, Government Code, becomes property of the
13-7 comptroller's office; and
13-8 (9) all funds appropriated by the legislature to the
13-9 General Services Commission for purposes related to energy
13-10 conservation under Chapter 447 or 2305, Government Code, are
13-11 transferred to the comptroller's office.
13-12 SECTION 7. This Act takes effect September 1, 2001.