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By:  Bonnen                                                       H.B. No. 2129



A BILL TO BE ENTITLED

AN ACT

relating to energy-saving measures that reduce the emission of air 
contaminants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 388, Health and Safety Code, is amended 
by adding Section 388.012 to read as follows:
	Sec. 388.012.  DEVELOPMENT OF ALTERNATIVE ENERGY-SAVING 
METHODS.  The laboratory shall develop at least three alternative 
methods for achieving a 15 percent greater potential energy savings 
in residential, commercial, and industrial construction than the 
potential energy savings of construction that is in minimum 
compliance with Section 388.003.  The alternative methods:
		(1)  may include both prescriptive and 
performance-based approaches, such as the approach of the United 
States Environmental Protection Agency's Energy Star qualified new 
home labeling program; and
		(2)  must include an estimate of:                                      
			(A)  the implementation costs and energy savings 
to consumers; and  
			(B)  the related emissions reductions.                                
	SECTION 2.  Chapter 447, Government Code, is amended by 
adding Section 447.012 to read as follows:
	Sec. 447.012.  APPLIANCE STANDARDS.  The state energy 
conservation office shall determine the feasibility and 
cost-benefit to consumers of setting appliance standards for 
appliances that are not currently regulated for energy efficiency 
in this state, if the office determines that the new standards would 
reduce the emission of air contaminants.  The office may not 
consider the feasibility and cost-benefit to consumers of setting 
appliance standards for air conditioning systems under this 
section.
	SECTION 3.  Chapter 31, Utilities Code, is amended by adding 
Section 31.005 to read as follows:
	Sec. 31.005.  CUSTOMER-OPTION PROGRAMS.  (a)  This section 
applies to:
		(1)  a municipally owned electric utility;                             
		(2)  an electric cooperative;                                          
		(3)  an electric utility;                                              
		(4)  a power marketer;                                                 
		(5)  a retail electric provider; and                                   
		(6)  a transmission and distribution utility.                          
	(b)  An entity to which this section applies shall consider 
establishing customer-option programs that encourage the reduction 
of air contaminant emissions, such as:
		(1)  an appliance retirement and recycling program;                    
		(2)  a solar water heating market transformation 
program;            
		(3)  an air conditioning tune-up program;                              
		(4)  a program that allows the use of on-site energy 
storage as an eligible efficiency measure in existing programs;
		(5)  a program that encourages the deployment of 
advanced electricity meters;
		(6)  a program that encourages the installation of cool 
roofing materials;
		(7)  a program that establishes lighting limits;                       
		(8)  a distributed energy generation technology 
program; and         
		(9)  a program that encourages the use of 
high-efficiency building distribution transformers and variable 
air volume fan controls.
	SECTION 4.  This Act takes effect September 1, 2005.