82R3120 JXC-F

By: Anchia H.B. No. 773

A BILL TO BE ENTITLED

AN ACT

relating to creating an energy efficiency council to coordinate administration of energy efficiency programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle E, Title 4, Government Code, is amended by adding Chapter 470 to read as follows:

CHAPTER 470. ENERGY EFFICIENCY COUNCIL

Sec. 470.001. DEFINITIONS. In this chapter:

(1) "Council" means the energy efficiency council.

(2) "Energy efficiency program" means a program designed to:

(A) reduce inefficient energy use;

(B) reduce peak energy demand;

(C) reduce energy consumption;

(D) promote compliance with energy efficient building design standards; or

(E) pay for the implementation of energy cost reduction measures.

(3) "Program administrator" includes any of the following entities that administer an energy efficiency program:

(A) a state agency, including the Public Utility Commission of Texas, the Railroad Commission of Texas, the State Energy Conservation Office, and the Texas Department of Housing and Community Affairs;

(B) a political subdivision of this state;

(C) a private or public utility service provider, including an electric cooperative or municipally owned utility;

(D) a school district; or

(E) an institution of higher education.

Sec. 470.002. PURPOSE. The energy efficiency council is a council established in the comptroller's office to:

(1) monitor energy efficiency programs in this state;

(2) make recommendations for improving energy efficiency programs in this state; and

(3) provide a central repository for information on energy efficiency programs in this state.

Sec. 470.003. ENERGY EFFICIENCY PROGRAM POLICIES. A program administrator shall consider any applicable recommendations of the council when creating or implementing the energy efficiency program.

Sec. 470.004. COUNCIL MEMBERS. (a) The council is composed of:

(1) the following ex officio members:

(A) the comptroller or an employee of the State Energy Conservation Office designated by the comptroller;

(B) the presiding officer of the Public Utility Commission of Texas or a representative of the Public Utility Commission of Texas designated by the presiding officer;

(C) the executive director of the Texas Commission on Environmental Quality or a representative of the Texas Commission on Environmental Quality designated by the executive director;

(D) the executive director of the Texas Department of Housing and Community Affairs or a representative of the Texas Department of Housing and Community Affairs designated by the executive director; and

(E) the director of the Energy Systems Laboratory at the Texas Engineering Experiment Station of the Texas A&M University System;

(2) a member appointed by the lieutenant governor to represent utility ratepayers; and

(3) a member appointed by the governor at the recommendation of the speaker of the house of representatives to represent utility ratepayers.

(b) The comptroller or the employee designated under Subsection (a)(1)(A) shall serve as presiding officer of the council.

(c) The council shall meet at least two times per year at the call of the presiding officer.

(d) Council members may not receive compensation for services but, subject to the availability of funding, may receive reimbursement for actual and necessary expenses incurred while performing council business.

(e) Appointments to council positions shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

Sec. 470.005. TERMS; VACANCY. (a) Council members appointed under Sections 470.004(a)(2) and (3) serve two-year terms that expire February 1 of each odd-numbered year.

(b) A vacancy on the council in the position of a council member appointed under Section 470.004(a)(2) or (3) shall be filled in the same manner as the original appointment. The person appointed serves for the remainder of the unexpired term.

Sec. 470.006. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the council that a member:

(1) does not maintain during service on the council the qualifications required by Section 470.004(a)(1);

(2) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(3) is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the council.

(b) The validity of an action of the council is not affected by the fact that it is taken when a ground for removal of a council member exists.

(c) If the presiding officer has knowledge that a potential ground for removal exists, the presiding officer shall notify the appointing authority and the attorney general that a potential ground for removal exists.

Sec. 470.007. ADMINISTRATIVE SUPPORT. To the extent resources are available, the State Energy Conservation Office shall provide the council with administrative support, including meeting space and staff necessary to assist the council in carrying out the council's duties under this chapter.

Sec. 470.008. ACCEPTANCE OF GIFTS, GRANTS, OR DONATIONS. The council may solicit and the comptroller may accept for the council gifts, grants, and donations from any public or private source for the purposes of this chapter.

Sec. 470.009. ENERGY EFFICIENCY PROGRAM MONITORING AND RECOMMENDATIONS. (a) The council shall monitor energy efficiency programs in this state.

(b) The council may submit to a program administrator recommendations on means to encourage greater energy efficiency on a regular basis.

Sec. 470.010. LIST OF ENERGY EFFICIENCY PROGRAMS. The council shall develop and periodically update a list of currently operating energy efficiency programs in this state. The council shall publish the list on its Internet website.

Sec. 470.011. BIENNIAL PROGRAMS REPORT. (a) The council biennially shall prepare a report on energy efficiency programs in this state. The council shall submit the report to the legislature not later than October 1 of each even-numbered year.

(b) The report must include:

(1) a comprehensive review of the energy efficiency programs on the list required by Section 470.010, including information on the costs and benefits of the programs;

(2) a study comparing energy efficiency programs in this state to similar programs in:

(A) California;

(B) Florida;

(C) New York; and

(D) each other state the council determines to have programs appropriate for the comparisons; and

(3) recommendations for improving energy efficiency programs in this state.

(c) The report may include recommendations for creating new energy efficiency programs in this state.

Sec. 470.012. APPLICABILITY OF ADVISORY COMMITTEE LAW. Chapter 2110 does not apply to the council.

SECTION 2. As soon as practicable after the effective date of this Act, the governor and the lieutenant governor shall appoint members to the energy efficiency council in accordance with Section 470.004, Government Code, as added by this Act.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.