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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding through greenhouse gas emissions fees of |
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energy efficiency programs administered by certain utilities; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.0621(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) The commission may impose operating fees for emissions |
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of greenhouse gas only: |
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(1) to the extent the fees are necessary to cover the |
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commission's additional reasonably necessary direct costs of |
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implementing Section 382.05102; or |
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(2) as authorized under Section 382.0623. |
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SECTION 2. Subchapter C, Chapter 382, Health and Safety |
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Code, is amended by adding Section 382.0623 to read as follows: |
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Sec. 382.0623. GREENHOUSE GAS EMISSIONS FEE. (a) In this |
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section, "carbon dioxide equivalent" means the amount of carbon |
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dioxide by weight that would produce the same global warming impact |
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as a given weight of another greenhouse gas, based on the best |
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available science. |
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(b) The commission shall adopt, charge, and collect an |
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annual fee on each facility permitted under Section 382.05185 that |
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is subject to federal greenhouse gas reporting requirements. |
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Except as provided by Subsection (d), the fee is in the amount of $5 |
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per ton of carbon dioxide equivalent emitted from the facility each |
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year. |
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(c) Not later than April 15 of each year, a facility |
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described by Subsection (b) shall submit to the commission each |
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annual report required by federal greenhouse gas reporting |
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requirements. The commission shall use a report received under |
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this section to compute the total amount of the fee to be imposed on |
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the reporting facility. |
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(d) The commission by rule may provide for an automatic |
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annual increase in the amount of the fee imposed under this section |
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in the manner provided for increasing operating permit fees by |
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Section 382.0621(c). |
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(e) The commission shall deposit fees collected under this |
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section to the credit of a greenhouse gas emissions fee account |
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established in the general revenue fund. The fees collected may be |
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appropriated only for the purposes of Section 39.9053, Utilities |
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Code. |
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SECTION 3. Section 39.905, Utilities Code, is amended by |
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amending Subsection (f) and adding Subsection (f-1) to read as |
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follows: |
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(f) Each [Unless funding is provided under Section 39.903,
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each] unbundled transmission and distribution utility shall |
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include in its energy efficiency plan a targeted low-income energy |
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efficiency program [as described by Section 39.903(f)(2)], and the |
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savings achieved by the program shall count toward the transmission |
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and distribution utility's energy efficiency goal. The commission |
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shall determine the appropriate level of funding to be allocated to |
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both targeted and standard offer low-income energy efficiency |
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programs in each unbundled transmission and distribution utility |
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service area. The level of funding for low-income energy |
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efficiency programs shall be provided from money approved by the |
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commission for the transmission and distribution utility's energy |
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efficiency programs. The commission shall ensure that annual |
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expenditures for the targeted low-income energy efficiency |
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programs of each unbundled transmission and distribution utility |
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are not less than 10 percent of the transmission and distribution |
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utility's energy efficiency budget for the year. A grant received |
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by an unbundled transmission and distribution utility under Section |
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39.9053 may be considered as part of the utility's energy |
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efficiency budget. A targeted low-income energy efficiency program |
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must comply with the same audit requirements that apply to federal |
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weatherization subrecipients. In an energy efficiency cost |
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recovery factor proceeding related to expenditures under this |
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subsection, the commission shall make findings of fact regarding |
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whether the utility meets requirements imposed under this |
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subsection. The state agency that administers the federal |
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weatherization assistance program shall participate in energy |
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efficiency cost recovery factor proceedings related to |
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expenditures under this subsection to ensure that targeted |
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low-income weatherization programs are consistent with federal |
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weatherization programs and adequately funded. |
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(f-1) For the purposes of Subsection (f), a "low-income |
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energy efficiency program" is a program that offers assistance to |
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an electric customer: |
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(1) whose household income is not more than 125 |
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percent of the federal poverty guidelines; or |
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(2) who receives benefits under the supplemental |
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nutrition assistance program established under Chapter 33, Human |
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Resources Code. |
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SECTION 4. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.9053 to read as follows: |
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Sec. 39.9053. ENERGY EFFICIENCY FUNDING. (a) The |
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commission by rule shall establish a grant program through which |
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electric utilities, municipally owned utilities, and electric |
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cooperatives may receive money from the greenhouse gas emissions |
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fee account to assist those utilities with meeting goals |
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established under and implementing programs under Sections 39.905, |
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39.9051, and 39.9052. |
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(b) Except as provided by Subsection (c), the commission |
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shall make grant money available to an electric utility, |
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municipally owned utility, or electric cooperative in proportion to |
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the percentage of electric energy consumed by the retail customers |
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in this state that are served by the electric utility, municipally |
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owned utility, or electric cooperative. |
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(c) The commission shall allocate at least 50 percent of the |
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money provided under Subsection (a) each year for programs |
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described by Section 39.905(f). |
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SECTION 5. The Texas Commission on Environmental Quality |
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may not provide for an increase in the amount of the fee established |
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by Section 382.0623, Health and Safety Code, as added by this Act, |
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to occur before August 31, 2018. |
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SECTION 6. This Act takes effect September 1, 2017. |