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By: Bonnen (Senate Sponsor - Armbrister) H.B. No. 2129
(In the Senate - Received from the House April 14, 2005;
April 18, 2005, read first time and referred to Committee on
Natural Resources; May 17, 2005, reported favorably, as amended,
by the following vote: Yeas 10, Nays 0; May 17, 2005, sent to
printer.)
COMMITTEE AMENDMENT NO. 1 By: Armbrister
Amend H.B. 2129 by adding the following appropriately
numbered SECTION and renumbering the subsequent SECTIONS of the
bill accordingly:
SECTION ____. Section 386.252(a), Health and Safety Code,
is amended to read as follows:
(a) Money in the fund may be used only to implement and
administer programs established under the plan and shall be
allocated as follows:
(1) for the diesel emissions reduction incentive
program, 87.5 percent of the money in the fund, of which not more
than 10 percent may be used for on-road diesel purchase or lease
incentives;
(2) for the new technology research and development
program, 9.5 percent of the money in the fund, of which up to
$250,000 is allocated for administration, up to $200,000 is
allocated for a health effects study, $500,000 is to be deposited in
the state treasury to the credit of the clean air account created
under Section 382.0622 to supplement funding for air quality
planning activities in affected counties, and not less than 20
percent is to be allocated each year to support research related to
air quality for the Houston-Galveston-Brazoria and Dallas-Fort
Worth nonattainment areas by a nonprofit organization based in
Houston of which $296,000 each year shall be contracted to the
Energy Systems Laboratory at the Texas Engineering Experiment
Station for the development and annual calculation of creditable
statewide emissions reductions obtained through wind and other
renewable energy resources for the State Implementation Plan;
(3) for administrative costs incurred by the
commission and the laboratory, three percent.
COMMITTEE AMENDMENT NO. 2 By: Armbrister
Amend H.B. 2129 by adding the following appropriately
numbered SECTION and renumbering the subsequent SECTIONS of the
bill accordingly:
SECTION ____. Amend Section 386.056, Health and Safety
Code, by adding a new subsection (e) to read as follows:
(e) The commission shall assure that emission reduction
credits may be received in the Houston-Galveston nonattainment area
for energy efficiency and urban heat island programs in connection
with the State Implementation Plan for the eight-hour ozone
standard.
COMMITTEE AMENDMENT NO. 3 By: Armbrister
Amend HB 2129 as follows:
(1) on page 3, after line 47, add a new sub item (10) to the
list of Section 31.005. CUSTOMER-OPTION PROGRAMS, section (a):
"(10) a program to encourage the use of appropriate trees or
other landscaping for energy efficiency."
COMMITTEE AMENDMENT NO. 5 By: Armbrister
Amend CSHB ___ as follows:
SECTION ___. Section 39.904, Utilities Code is amended by
adding subsection (g) to read as follows:
"(g) For installation by 2015 and in lieu of transmission
upgrades, the Commission shall establish a renewable energy credit
program of 100 megawatts of distributed generation technology in
each area that ERCOT has deemed congested and in each
non-attainment area in the state."
COMMITTEE AMENDMENT NO. 6 By: Barrientos
Amend H.B. No. 2129 by adding the following appropriately
numbered SECTION and renumbering the subsequent SECTIONS of the
bill accordingly:
SECTION ___. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0173 to read as follows:
Sec. 382.0173. AREAS SUBJECT TO EARLY ACTION COMPACTS.
(a) In this section:
(1) "Early action compact" has the meaning assigned by
Section 382.301.
(2) "Nonattainment area" means an area so designated
under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section
7407).
(3) "Participating county" has the meaning assigned by
Section 382.301.
(b) The commission shall:
(1) consider the implementation of each air quality
control measure proposed in an early action plan submitted to the
commission pursuant to an early action compact;
(2) authorize or implement each submitted air quality
control measure that the commission determines is reasonably
necessary to ensure attainment of the eight-hour ozone national
ambient air quality standard and prevent a nonattainment
designation in a participating county, including any measure that
could be authorized or implemented in a nonattainment area; and
(3) in authorizing or implementing a submitted air
quality control measure, consider reasonable margins included in a
submitted early action plan that allow for population and
industrial growth, weather events, and scientifically accepted
margins of error in data and modeling.
(c) The commission shall authorize or implement any
subsequent revision to an air quality control measure proposed
under Subsection (b) that directly affects or requires action of a
significant portion of the general population of a participating
county only if the governing bodies of both the participating
county and the most populous municipality that has a majority of the
municipality's residents residing in the participating county
request or consent to the measure as part of an early action plan.
COMMITTEE AMENDMENT NO. 7 By: Staples
Amend Committee Amendment No. 6 for H.B. 2129 by adding the
following to Section 382.0173(b) in the appropriately numbered
Section:
"(4) This section only applies to early action compacts with
a population of 1 million, and any measure shall only apply to those
counties."
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.
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