By: Sibley S.B. No. 1825
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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. The Utilities Code is amended by adding Title 6
1-6 to read as follows:
1-7 TITLE 6. TEXAS ENERGY POLICY ACT
1-8 CHAPTER 300. STRATEGIC ENERGY PLANNING
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 300.001. Short Title. This chapter may be cited as the
1-11 Texas Energy Policy Act.
1-12 Sec. 300.002. 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; and
2-1 (4) state planning and oversight as an important
2-2 mechanism in ensuring energy system reliability, flexibility,
2-3 affordability and efficiency.
2-4 Sec. 300.003. 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. 300.004. 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 is by its nature must reflect evolving
2-13 conditions and must therefore be updated as 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;
2-16 (2) the chairman of the Railroad Commission;
2-17 (3) the chairman of the Texas Natural Resource
2-18 Conservation Commission;
2-19 (4) two state senators appointed by the Lieutenant
2-20 Governor;
2-21 (5) two state representatives appointed by the Speaker
2-22 of the House of Representatives;
2-23 (6) one member of the academic community with
2-24 expertise in energy, appointed by the Governor; and
2-25 (7) the executive director of the office.
2-26 (c) The Governor shall designate the presiding officer from
3-1 among the members of the council.
3-2 (d) An appointed member of the council serves at the
3-3 pleasure of the appointing official.
3-4 (e) Members of the council receive no compensation but are
3-5 entitled to reimbursement of actual and necessary expenses incurred
3-6 in the performance of their duties.
3-7 (f) The council shall meet at least quarterly while
3-8 developing an initial statewide energy policy plan. The council
3-9 may meet annually after submitting the plan to the legislature.
3-10 (g) The council shall develop and implement policies that
3-11 provide the public with a reasonable opportunity to appear before
3-12 the council and to speak on any issue under the jurisdiction of the
3-13 council.
3-14 (h) The office is designated as the state agency responsible
3-15 for administering the council. Staff from the office shall be
3-16 designated as necessary to assist the council in carrying out its
3-17 duties.
3-18 (i) The council is subject to the Administrative Procedure
3-19 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
3-20 Statutes), the Open Meetings Law, Chapter 271, Acts of the 60th
3-21 Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
3-22 Civil Statutes), and the Open Records Law, Chapter 424, Acts of the
3-23 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
3-24 Texas Civil Statutes).
3-25 Sec. 300.005. FUNDING. (a) The council shall be funded
3-26 from appropriations made to the office from oil overcharge funds.
4-1 (b) Any unexpended balance shall be re-allocated to the
4-2 council.
4-3 Sec. 300.006. POWERS, DUTIES AND RESPONSIBILITIES OF THE
4-4 COUNCIL. (a) In developing a long-term statewide energy policy
4-5 plan, the council shall:
4-6 (1) make recommendations to the state and industry
4-7 regarding energy use;
4-8 (2) encourage cooperation and coordination between
4-9 public and private entities regarding energy use and energy
4-10 research, development and commercialization;
4-11 (3) seek policies that ensure a robust portfolio of
4-12 clean and reasonably priced energy sources;
4-13 (4) pursue basic research, pilot projects and
4-14 market-based incentives to expand long-term energy options;
4-15 (5) develop policies to ensure against interrupted
4-16 supplies and infrastructure failure; and
4-17 (6) make recommendations for increasing public
4-18 awareness of the importance of reduced consumption of energy.
4-19 (b) The council shall submit to the legislature its initial
4-20 plan by December 1, 2002. The council shall report to the
4-21 legislature by December 1 of each even-numbered year the status of
4-22 the plan's implementation and make any recommendations for
4-23 legislative action as necessary to implement or revise the plan.
4-24 Sec. 300.007. FUELS. (a) The council shall consider the
4-25 following fuel sources and new, innovative technologies associated
4-26 with these fuels in creating and recommending a plan. The fuels
5-1 include, but are not limited to the following:
5-2 (1) oil and natural gas;
5-3 (2) coal and lignite;
5-4 (3) nuclear;
5-5 (4) renewable energy technologies, as defined in Sec.
5-6 39.904(d) of the Utilities Code; and
5-7 (5) alternative fuels, including, but not limited to:
5-8 (A) geothermal energy;
5-9 (B) fuel cells;
5-10 (C) methane; and
5-11 (D) distributed generation.
5-12 (b) The Council shall ensure that various fuel resources
5-13 available to the state are used in a balanced and efficient manner.
5-14 The council shall consider the economic viability of new
5-15 technologies when making its recommendations.
5-16 Sec. 300.008. ENERGY EFFICIENT TECHNOLOGY. (a) In order to
5-17 reduce the energy demand of customers in this state, the council
5-18 shall consider energy efficient technologies in creating and
5-19 recommending its plan. Energy efficient technologies shall be
5-20 considered for the following:
5-21 (1) residential, commercial, industrial, and state and
5-22 local government energy users; and
5-23 (2) any other application the council determines
5-24 appropriate.
5-25 (b) The council shall consider the economic viability of new
5-26 technologies when making its recommendations.
6-1 (c) Due to the ability of energy efficient technologies to
6-2 reduce the demand for energy throughout the state, the council
6-3 shall give these technologies priority when creating its plan.
6-4 Sec. 300.009. TRANSMISSION AND TRANSPORTATION. (a) The
6-5 council shall consider and recommend strategies to ensure that the
6-6 customers of this state have access to reliable energy.
6-7 (b) The council shall consider transmission and
6-8 transportation constraints, and make recommendations in the plan to
6-9 alleviate those constraints, for the following sources of energy:
6-10 (1) oil and natural gas;
6-11 (2) coal and lignite; and
6-12 (3) electricity.
6-13 Sec. 300.010. EXPLORATION. (a) The council shall consider
6-14 and recommend strategies for the exploration and capture of natural
6-15 resources necessary for energy production in this state.
6-16 (b) The council shall consider strategies for the following
6-17 resources:
6-18 (1) oil and natural gas;
6-19 (2) coal and lignite; and
6-20 (3) any other resources the council determines
6-21 appropriate.
6-22 Sec. 300.011. ENVIRONMENT. (a) The council, when creating
6-23 and recommending its plan, shall consider the effect of energy
6-24 production on the environment.
6-25 (b) The council shall recommend strategies which protect and
6-26 preserve the environment of the state while allowing for access to
7-1 safe, economical and reliable sources of energy. The council shall
7-2 consider the following when creating and recommending its plan:
7-3 (1) air quality;
7-4 (2) water quality; and
7-5 (3) waste disposal.
7-6 SECTION 2. Section 39.9044 of the Utilities Code is
7-7 repealed.
7-8 SECTION 3. This Act takes effect September 1, 2001.