By: Sibley S.B. No. 1825
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state energy policy and the creation, powers, and
1-3 duties of the Texas Energy Policy Council.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. This Act may be cited as the Texas Energy Policy
1-6 Act.
1-7 SECTION 2. The Utilities Code is amended by adding Title 6
1-8 to read as follows:
1-9 TITLE 6. TEXAS ENERGY POLICY ACT
1-10 CHAPTER 300. STRATEGIC ENERGY PLANNING
1-11 SUBCHAPTER A. GENERAL PROVISIONS
1-12 Sec. 300.001. PURPOSE AND FINDINGS. (a) This title is
1-13 enacted to protect the public interest through the strategic
1-14 planning of energy development, production, delivery,
1-15 commercialization, and utilization.
1-16 (b) The purpose of this title is to establish a statewide
1-17 energy policy that recognizes:
1-18 (1) the public's health and general welfare as a
1-19 critical concern in the development of energy policies;
1-20 (2) energy as a valuable commodity in the state's
1-21 economy;
1-22 (3) the protection of the environment as a major
1-23 consideration in the production and utilization of energy;
1-24 (4) market-based solutions as a preferred policy for
1-25 energy planning; and
2-1 (5) state planning and oversight as an important
2-2 mechanism in ensuring energy system reliability, flexibility,
2-3 affordability, and efficiency.
2-4 Sec. 300.002. DEFINITIONS. In this title:
2-5 (1) "Council" means the Texas Energy Policy Council.
2-6 (2) "Office" means the State Energy Conservation
2-7 Office.
2-8 (3) "Plan" means the statewide energy policy plan.
2-9 Sec. 300.003. TEXAS ENERGY POLICY COUNCIL. (a) The Texas
2-10 Energy Policy Council is created to develop and recommend a
2-11 statewide energy policy plan to the legislature. A statewide
2-12 energy policy plan must be updated to reflect evolving conditions
2-13 and as such should be considered a living document.
2-14 (b) The council is composed of nine members as follows:
2-15 (1) the chairman of the Public Utility Commission of
2-16 Texas;
2-17 (2) the chairman of the Railroad Commission of Texas;
2-18 (3) the chairman of the Texas Natural Resource
2-19 Conservation Commission;
2-20 (4) two members of the senate appointed by the
2-21 lieutenant governor;
2-22 (5) two members of the house of representatives
2-23 appointed by the speaker of the house of representatives;
2-24 (6) one member of the academic community with
2-25 expertise in energy, appointed by the governor; and
2-26 (7) the director of the office.
3-1 (c) The governor shall designate the presiding officer from
3-2 among the members of the council.
3-3 (d) An appointed member of the council serves at the
3-4 pleasure of the appointing official.
3-5 (e) Members of the council receive no compensation but are
3-6 entitled to reimbursement of actual and necessary expenses incurred
3-7 in the performance of their duties.
3-8 (f) The council shall meet at least quarterly while
3-9 developing an initial plan. The council may meet annually after
3-10 submitting the plan to the legislature.
3-11 (g) The council shall develop and implement policies that
3-12 provide the public with a reasonable opportunity to appear before
3-13 the council and to speak on any issue under the jurisdiction of the
3-14 council.
3-15 (h) The office is designated as the state agency responsible
3-16 for administering the council. Staff from the office shall be
3-17 designated, as necessary, to assist the council in carrying out its
3-18 duties.
3-19 Sec. 300.004. POWERS, DUTIES, AND RESPONSIBILITIES OF THE
3-20 COUNCIL. (a) In developing a long-term plan, the council shall:
3-21 (1) encourage cooperation and coordination between
3-22 public and private entities regarding energy use, research,
3-23 development, and commercialization;
3-24 (2) seek policies that ensure a robust portfolio of
3-25 clean and reasonably priced energy sources;
3-26 (3) promote basic research, pilot projects, and
4-1 market-based incentives to expand long-term energy options;
4-2 (4) develop policies to ensure against interrupted
4-3 supplies and infrastructure failure;
4-4 (5) examine the impact of the waste produced by
4-5 various sources of energy and review the adequacy of our waste
4-6 disposal capabilities; and
4-7 (6) make recommendations for increasing public
4-8 awareness of the importance of reduced consumption of energy.
4-9 (b) The council shall submit to the legislature its initial
4-10 plan by December 1, 2002. The council shall report to the
4-11 legislature by December 1 of each even-numbered year the status of
4-12 the plan's implementation and make any recommendations for
4-13 legislative action as necessary to implement or revise the plan.
4-14 The council may update the plan as necessary.
4-15 Sec. 300.005. FUELS AND TECHNOLOGIES. (a) The council
4-16 shall consider the following fuel sources and new, innovative
4-17 technologies associated with these fuels in creating and
4-18 recommending a plan. These fuels and technologies include, but are
4-19 not limited to, the following:
4-20 (1) oil and natural gas;
4-21 (2) coal and lignite;
4-22 (3) nuclear;
4-23 (4) fuel cells;
4-24 (5) distributed generation;
4-25 (6) geothermal energy;
4-26 (7) methane; and
5-1 (8) any other fuels and technologies as defined in
5-2 Section 39.904(d).
5-3 (b) The council shall seek policies to ensure that fuel
5-4 resources available to the state are used in a balanced and
5-5 efficient manner. The council shall consider the economic
5-6 viability and environmental impact of new fuels and technologies
5-7 when making its recommendations.
5-8 Sec. 300.006. ENERGY EFFICIENT TECHNOLOGY. (a) In order to
5-9 reduce the energy demand of customers in this state, the council
5-10 shall consider energy efficient technologies in creating and
5-11 recommending its plan. Energy efficient technologies shall be
5-12 considered for the following:
5-13 (1) residential, commercial, industrial, and state and
5-14 local government energy users; and
5-15 (2) any other application the council determines
5-16 appropriate.
5-17 (b) The council shall consider the economic viability of new
5-18 technologies when making its recommendations.
5-19 (c) Due to the ability of energy efficient technologies to
5-20 reduce the demand for energy and the need for additional
5-21 transmission capacity throughout the state, the council shall give
5-22 these technologies priority when creating its plan.
5-23 Sec. 300.007. TRANSMISSION AND TRANSPORTATION. (a) The
5-24 council shall consider and recommend strategies to ensure that
5-25 customers of this state have access to reliable energy.
5-26 (b) The council shall consider transmission and
6-1 transportation constraints, and make recommendations in the plan to
6-2 alleviate or prevent those constraints, for the following sources
6-3 of energy:
6-4 (1) oil and natural gas;
6-5 (2) coal and lignite; and
6-6 (3) electricity.
6-7 Sec. 300.008. EXPLORATION. (a) The council shall consider
6-8 and recommend strategies for the exploration and capture of natural
6-9 resources necessary for energy production in this state.
6-10 (b) The council shall consider strategies for the following
6-11 resources:
6-12 (1) oil and natural gas;
6-13 (2) coal and lignite; and
6-14 (3) any other resources the council determines
6-15 appropriate.
6-16 Sec. 300.009. ENVIRONMENT. (a) The council, when creating
6-17 and recommending its plan, shall consider the effect of energy
6-18 production on the environment.
6-19 (b) The council shall recommend strategies which protect and
6-20 preserve the environment of the state while allowing for access to
6-21 safe, economical, and reliable sources of energy. The council
6-22 shall consider the following:
6-23 (1) air quality;
6-24 (2) water quality; and
6-25 (3) waste disposal.
6-26 SECTION 3. Section 39.9044, Utilities Code, is repealed.
7-1 SECTION 4. This Act takes effect September 1, 2001.