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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of the State Energy Conservation Office |
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regarding advanced clean energy project grants and loans and the |
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creation of an inclusion task force for the energy industry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 447.013, Government Code, is amended by |
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amending Subsection (i) and adding Subsections (k), (l), and (m) to |
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read as follows: |
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(i) A recipient of a grant or loan under this section is |
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encouraged to purchase goods and services from small businesses, as |
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that term is defined by Section 481.401, and historically |
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underutilized businesses, as that term is defined by Section |
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2161.001 [those terms are defined by former Section 481.191, as
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that section existed on January 1, 2015]. |
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(k) The State Energy Conservation Office shall require each |
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recipient of a grant awarded or loan made under this section, as a |
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condition for receipt of the grant or loan, to annually submit a |
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detailed plan for increasing procurements from historically |
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underutilized businesses in renewable energy, advanced |
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technologies, and demonstration and other clean energy projects. |
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The plan: |
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(1) must include short-term and long-term goals, |
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schedules for completing stages of the procurement contract, and |
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methods for encouraging general contractors and grant or loan |
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recipients to engage historically underutilized businesses in |
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subcontracts for renewable energy, advanced technologies, and |
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demonstration and other clean energy projects; and |
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(2) may not include a requirement that the recipient |
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of the grant or loan achieve a specified number or percentage of |
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procurements from historically underutilized businesses compared |
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to the recipient's total procurements. |
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(l) The State Energy Conservation Office shall require as a |
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condition for receipt of a grant or loan under this section that |
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each recipient submit an annual report to the office, in the form |
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and not later than the date required by the office, regarding |
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implementation of the plan established under Subsection (k). The |
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recipient shall post the report on the recipient's Internet website |
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and the office shall post a copy of the report on the office's |
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Internet website. |
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(m) The State Energy Conservation Office shall: |
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(1) develop guidelines to be used by each grant or loan |
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recipient in establishing the plan under Subsection (k); and |
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(2) develop and require every grant or loan recipient |
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to implement an outreach program to inform historically |
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underutilized businesses of the actions necessary to apply for |
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procurement contracts under this section. |
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SECTION 2. Chapter 447, Government Code, is amended by |
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adding Section 447.014 to read as follows: |
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Sec. 447.014. INCLUSION TASK FORCE FOR ENERGY INDUSTRY. |
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(a) In this section, "diverse" and "diversity" mean the inclusion |
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of different types of people, including: |
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(1) black Americans; |
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(2) Hispanic Americans; |
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(3) Native Americans; |
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(4) Asian Pacific Americans; |
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(5) women; and |
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(6) veterans, as defined by 38 U.S.C. Section 101(2), |
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who have suffered at least a 20 percent service-connected |
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disability, as defined by 38 U.S.C. Section 101(16). |
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(b) The State Energy Conservation Office shall establish an |
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inclusion task force to consider and make recommendations on |
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diversity in the energy industry, including diversity of corporate |
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governing boards and procurement from diverse businesses. |
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(c) The inclusion task force shall: |
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(1) identify and promote energy companies that are |
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actively engaged in diversity issues; |
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(2) explore the status of diverse representation on |
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energy company governing boards; |
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(3) recommend actions for the State Energy |
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Conservation Office to encourage energy companies to increase |
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procurement from diverse suppliers; and |
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(4) make recommendations to the office regarding |
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legislation to accomplish diversity as described by Subsection (b). |
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SECTION 3. Section 447.013, Government Code, as amended by |
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this Act, applies only to a grant awarded or loan made on or after |
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the effective date of this Act. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the State Energy Conservation Office shall establish |
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the inclusion task force as required by Section 447.014, Government |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2017. |