MINUTES SENATE COMMITTEE ON BUSINESS & COMMERCE Tuesday, May 11, 2004 9:00 a.m. Betty King Committee Hearing Room, 2E.20 ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Business & Commerce was held on Tuesday, May 11, 2004, in the Betty King Committee Hearing Room, 2E.20, at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Troy Fraser, Chairman None Senator Kip Averitt, Vice Chairman Senator Kenneth Armbrister Senator Kim Brimer Senator John Carona Senator Craig Estes Senator Mike Jackson Senator Eddie Lucio, Jr. Senator Leticia Van de Putte ***** The chair called the meeting to order at 9:00 a.m. There being a quorum present, the following business was transacted: Chairman Fraser made brief opening remarks and advised that the Committee would be hearing testimony on Interim Charge #3, regarding the Texas Residential Construction Commission which was established by HB 730 in the 78th Legislative Session. The Committee would also discuss and hear testimony on Interim Charge #6, relating to improving the potential for further renewable energy development and the current status of policies encouraging the use of the renewable energy sources. The Chairman called invited witness Stephen Thomas, Texas Residential Construction Commission, to present his testimony on Interim Charge #3. Mr. Thomas gave a brief update on home builder registration; state-sponsored inspection and dispute resolution process; limited warranties and building and performance standards; industry task forces; Texas Star Builder Program; voluntary certification of arbitrators and filing of arbitration awards; Commission infrastructure; and public information efforts. Following Mr. Thomas' testimony, Chairman Fraser called for public testimony. Chairman Fraser called Scott Norman, Texas Association of Builders, to present his testimony and respond to members' questions. Mr. Norman was the only public witness to testify, although Ray Tonjes and Jim Frankel had filled out cards to testify if committee members had questions of the industry. Chairman Fraser then closed public testimony on Interim Charge #3. The Chairman then advised the Committee and those present that the Committee would now begin testimony on Charge #6. Chairman Fraser called Julie Parsley, Commissioner, Public Utility Commission of Texas, to present her testimony. Commissioner Parsley testified on the status of renewable energy in Texas; effectiveness of current policies; economics associated with renewable energy; and potential for renewable energy development. Before completion of Commissioner Parsley's testimony, Chairman Fraser moved at 10:13 a.m. that the Committee stand recessed until after adjournment of the Senate; without objection, it was so ordered. At 11:48 a.m. the Committee reconvened. Chairman Fraser called Commissioner Parsley to complete her testimony and respond to members' questions. Following Commissioner Parsley's testimony, the Chairman called Dub Taylor, Director of the State Energy Conservation Office (SECO). Mr. Taylor gave an overview of SECO; energy in Texas; purchasing renewable energy; and renewable energy projects. Upon completion of Mr. Taylor's testimony, Senator Averitt assumed the Chair and called Adan Martinez, General Land Office (GLO), to present his testimony. Mr. Martinez testified on past efforts by the GLO to develop renewable energy on state lands and current efforts by the GLO to commercialize wind generation on state lands. Chairman Fraser resumed the Chair and called John Fainter, President of the Association of Electric Companies of Texas. Mr. Fainter presented his testimony and responded to members' questions. Upon completion of Mr. Fainter's testimony, Chairman Fraser called Walt Hornaday, President of Cielo Wind Power. Mr. Hornaday presented his testimony and responded to members' questions. Chairman Fraser then called Tom "Smitty" Smith, Director of Public Citizen's Texas Office. Mr. Smith presented his testimony and responded to members' questions. Upon completion of Mr. Smith's testimony, Chairman Fraser called the final invited witness, Mike Sloan, Consultant representing The Wind Coalition. Mr. Sloan provided information on the status of the Texas wind industry and described policy needs. Following Mr. Sloan's testimony, the Chairman called for public testimony. Chairman Fraser called Bob King, Engineer, SENATE COMMITTEE ON BUSINESS & COMMERCE Minutes Tuesday, May 11, 2004 page 3 representing Ridge Energy Group. Mr. King presented his testimony and responded to members' questions. Mr. King was the only public witness to testify. Upon completion of Mr. King's testimony, Chairman Fraser moved that public testimony be closed; without objection, it was so ordered. There being no further business, at 2:04 p.m. Senator Fraser moved that the Committee stand recessed subject to the call of the Chairman. Without objection, it was so ordered. ___________________________ Senator Troy Fraser, Chairman ___________________________ Tatum Baker, Clerk