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A BILL TO BE ENTITLED
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AN ACT
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relating to creating an energy efficiency council to coordinate |
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administration of energy efficiency programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 4, Government Code, is amended |
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by adding Chapter 470 to read as follows: |
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CHAPTER 470. ENERGY EFFICIENCY COUNCIL |
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Sec. 470.001. DEFINITIONS. In this chapter: |
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(1) "Council" means the energy efficiency council. |
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(2) "Energy efficiency program" means a program |
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designed to: |
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(A) reduce inefficient energy use; |
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(B) reduce peak energy demand; |
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(C) reduce energy consumption; |
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(D) promote compliance with energy efficient |
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building design standards; or |
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(E) pay for the implementation of energy cost |
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reduction measures. |
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(3) "Program administrator" includes any of the |
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following entities that administer an energy efficiency program: |
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(A) a state agency, including the Public Utility |
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Commission of Texas, the Railroad Commission of Texas, the State |
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Energy Conservation Office, and the Texas Department of Housing and |
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Community Affairs; |
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(B) a political subdivision of this state; |
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(C) a private or public utility service provider, |
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including an electric cooperative or municipally owned utility; |
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(D) a school district; or |
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(E) an institution of higher education. |
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Sec. 470.002. PURPOSE. The energy efficiency council is a |
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council established in the comptroller's office to: |
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(1) monitor energy efficiency programs in this state; |
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(2) make recommendations for improving energy |
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efficiency programs in this state; and |
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(3) provide a central repository for information on |
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energy efficiency programs in this state. |
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Sec. 470.003. ENERGY EFFICIENCY PROGRAM POLICIES. A |
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program administrator shall consider any applicable |
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recommendations of the council when creating or implementing the |
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energy efficiency program. |
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Sec. 470.004. COUNCIL MEMBERS. (a) The council is composed |
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of: |
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(1) the following ex officio members: |
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(A) the comptroller or an employee of the State |
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Energy Conservation Office designated by the comptroller; |
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(B) the presiding officer of the Public Utility |
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Commission of Texas or a representative of the Public Utility |
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Commission of Texas designated by the presiding officer; |
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(C) the executive director of the Texas |
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Commission on Environmental Quality or a representative of the |
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Texas Commission on Environmental Quality designated by the |
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executive director; |
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(D) the executive director of the Texas |
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Department of Housing and Community Affairs or a representative of |
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the Texas Department of Housing and Community Affairs designated by |
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the executive director; and |
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(E) the director of the Energy Systems Laboratory |
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at the Texas Engineering Experiment Station of the Texas A&M |
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University System; |
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(2) a member appointed by the lieutenant governor to |
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represent utility ratepayers; and |
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(3) a member appointed by the governor at the |
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recommendation of the speaker of the house of representatives to |
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represent utility ratepayers. |
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(b) The comptroller or the employee designated under |
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Subsection (a)(1)(A) shall serve as presiding officer of the |
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council. |
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(c) The council shall meet at least two times per year at the |
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call of the presiding officer. |
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(d) Council members may not receive compensation for |
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services but, subject to the availability of funding, may receive |
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reimbursement for actual and necessary expenses incurred while |
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performing council business. |
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(e) Appointments to council positions shall be made without |
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regard to the race, color, disability, sex, religion, age, or |
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national origin of the appointees. |
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Sec. 470.005. TERMS; VACANCY. (a) Council members |
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appointed under Sections 470.004(a)(2) and (3) serve two-year terms |
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that expire February 1 of each odd-numbered year. |
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(b) A vacancy on the council in the position of a council |
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member appointed under Section 470.004(a)(2) or (3) shall be filled |
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in the same manner as the original appointment. The person |
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appointed serves for the remainder of the unexpired term. |
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Sec. 470.006. GROUNDS FOR REMOVAL. (a) It is a ground for |
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removal from the council that a member: |
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(1) does not maintain during service on the council |
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the qualifications required by Section 470.004(a)(1); |
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(2) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(3) is absent from more than half of the regularly |
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scheduled council meetings that the member is eligible to attend |
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during a calendar year without an excuse approved by a majority vote |
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of the council. |
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(b) The validity of an action of the council is not affected |
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by the fact that it is taken when a ground for removal of a council |
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member exists. |
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(c) If the presiding officer has knowledge that a potential |
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ground for removal exists, the presiding officer shall notify the |
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appointing authority and the attorney general that a potential |
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ground for removal exists. |
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Sec. 470.007. ADMINISTRATIVE SUPPORT. To the extent |
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resources are available, the State Energy Conservation Office shall |
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provide the council with administrative support, including meeting |
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space and staff necessary to assist the council in carrying out the |
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council's duties under this chapter. |
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Sec. 470.008. ACCEPTANCE OF GIFTS, GRANTS, OR DONATIONS. |
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The council may solicit and the comptroller may accept for the |
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council gifts, grants, and donations from any public or private |
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source for the purposes of this chapter. |
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Sec. 470.009. ENERGY EFFICIENCY PROGRAM MONITORING AND |
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RECOMMENDATIONS. (a) The council shall monitor energy efficiency |
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programs in this state. |
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(b) The council may submit to a program administrator |
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recommendations on means to encourage greater energy efficiency on |
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a regular basis. |
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Sec. 470.010. LIST OF ENERGY EFFICIENCY PROGRAMS. The |
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council shall develop and periodically update a list of currently |
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operating energy efficiency programs in this state. The council |
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shall publish the list on its Internet website. |
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Sec. 470.011. BIENNIAL PROGRAMS REPORT. (a) The council |
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biennially shall prepare a report on energy efficiency programs in |
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this state. The council shall submit the report to the legislature |
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not later than October 1 of each even-numbered year. |
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(b) The report must include: |
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(1) a comprehensive review of the energy efficiency |
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programs on the list required by Section 470.010, including |
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information on the costs and benefits of the programs; |
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(2) a study comparing energy efficiency programs in |
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this state to similar programs in: |
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(A) California; |
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(B) Florida; |
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(C) New York; and |
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(D) each other state the council determines to |
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have programs appropriate for the comparisons; and |
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(3) recommendations for improving energy efficiency |
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programs in this state. |
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(c) The report may include recommendations for creating new |
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energy efficiency programs in this state. |
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Sec. 470.012. APPLICABILITY OF ADVISORY COMMITTEE LAW. |
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Chapter 2110 does not apply to the council. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the governor and the lieutenant governor shall appoint |
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members to the energy efficiency council in accordance with Section |
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470.004, Government Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |