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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas Energy Efficiency Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Utilities Code, is amended |
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by adding Chapter 18 to read as follows: |
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CHAPTER 18. TEXAS ENERGY EFFICIENCY COUNCIL |
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Sec. 18.001. DEFINITIONS. In this chapter: |
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(1) "Council" means the Texas Energy Efficiency |
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Council. |
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(2) "Energy efficiency program" means a program |
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designed to: |
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(A) increase efficient energy use; |
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(B) reduce energy consumption during periods of |
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peak energy demand; |
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(C) optimize energy consumption; |
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(D) identify and realize the benefits of energy |
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efficient building design standards; or |
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(E) fund the implementation of energy cost |
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reduction measures. |
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(3) "Measure" means a direct measurement or modeling |
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of energy efficiency performance over a 12-month period. |
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(4) "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 commission, the |
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Texas Water Development Board, the State Energy Conservation |
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Office, the Texas Commission on Environmental Quality, and the |
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Texas Department of Housing and Community Affairs; |
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(B) a political subdivision; or |
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(C) a private or public provider of electricity, |
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gas, or water utility service, including an electric cooperative or |
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municipally owned utility. |
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Sec. 18.002. PURPOSE. The Texas Energy Efficiency Council |
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is a council established in the commission to: |
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(1) provide a statewide collaborative approach to |
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promoting energy efficiency; |
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(2) measure, evaluate, and report on energy efficiency |
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performance in this state; |
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(3) monitor energy efficiency programs in this state; |
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(4) make recommendations for improving energy |
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efficiency programs in this state; |
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(5) monitor and facilitate opportunities for |
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coordination and leveraging of federal funding from the United |
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States Department of Energy, United States Department of Housing |
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and Urban Development, and other federal agencies that can be used |
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by state agencies and political subdivisions for the purposes of |
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enhancing energy efficiency; |
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(6) provide a central repository for information on |
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statewide energy efficiency performance and opportunities to |
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participate in energy efficiency programs in this state; and |
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(7) promote continuous improvement in energy |
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efficiency performance in this state. |
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Sec. 18.003. ENERGY EFFICIENCY PROGRAM POLICIES. A program |
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administrator shall establish measurable performance criteria and |
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share the results with the council when creating or implementing an |
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energy efficiency program. |
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Sec. 18.004. COUNCIL MEMBERSHIP. (a) The council is |
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composed of the following 16 members: |
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(1) nine ex officio members as follows: |
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(A) the presiding officer of the Texas Commission |
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on Environmental Quality; |
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(B) the chief executive officer of the Electric |
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Reliability Council of Texas; |
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(C) the presiding officer of the commission; |
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(D) the comptroller; |
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(E) the director of the Texas Department of |
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Housing and Community Affairs; |
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(F) the executive director of the Texas Economic |
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Development and Tourism Office; |
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(G) the chairman of the Texas Water Development |
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Board; |
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(H) the director of the Energy Systems Laboratory |
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at the Texas A&M Engineering Experiment Station of The Texas A&M |
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University System; and |
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(I) the chief executive of the Office of Public |
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Utility Counsel; and |
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(2) seven public members appointed by the presiding |
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officer of the commission as follows: |
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(A) one member must have experience in the field |
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of engineering; |
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(B) one member must have experience in the field |
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of public or private finance; |
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(C) one member must have experience in the field |
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of law or business; |
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(D) one member must have experience in the field |
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of environmental stewardship; |
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(E) one member must have experience in the field |
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of electric utility operation; |
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(F) one member must have experience in the field |
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of industrial operation; and |
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(G) one member must have business experience in |
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the implementation of energy efficiency programs. |
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(b) An ex officio member may designate a person from the |
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member's agency to represent the member in any meeting. |
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(c) The presiding officer of the council may designate a |
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person to represent an appointed member in any meeting if the person |
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meets the qualifications required by Subsection (a)(2). |
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(d) The ex officio members and the appointed members serve |
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as voting members of the council. |
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(e) The presiding officer of the commission or the employee |
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designated by the presiding officer shall serve as presiding |
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officer of the council. |
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(f) 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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(g) 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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(h) 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. 18.005. TERMS; VACANCY. (a) Appointed council |
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members serve staggered four-year terms, with the terms of one or |
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two members, as applicable, expiring on February 1. |
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(b) A vacancy on the council in the position of an appointed |
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council member shall be filled in the same manner as the original |
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appointment. The person appointed serves for the remainder of the |
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unexpired term. |
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Sec. 18.006. 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) described by Section 18.004(a)(1) does not |
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maintain during service on the council the qualifications required |
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by that subdivision; |
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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. 18.007. ADMINISTRATIVE SUPPORT. The commission 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. 18.008. ENERGY EFFICIENCY PROGRAM MONITORING AND |
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RECOMMENDATIONS. (a) The council shall measure, evaluate, and |
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report on energy efficiency performance in this state. |
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(b) The council shall monitor energy efficiency programs in |
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this state. |
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(c) 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. The council may submit to a program administrator |
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that administers a program described by Section 39.905 |
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recommendations to assure better coordination between local, |
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state, federal, and private energy efficiency programs for the |
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purposes of Section 39.905. |
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Sec. 18.009. OFFICIAL INTERNET WEBSITES. The council shall |
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use the following official Internet websites for the publication of |
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information as required by this chapter: |
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(1) the website of the State Energy Conservation |
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Office; and |
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(2) the website of the commission. |
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Sec. 18.010. LIST OF ENERGY EFFICIENCY PROGRAMS. (a) The |
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council shall: |
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(1) develop a list of currently operating energy |
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efficiency programs in this state and publish the list on the |
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official Internet websites under Section 18.009; and |
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(2) work with the State Energy Conservation Office and |
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the commission to develop and publish on the official Internet |
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websites under Section 18.009 a user-friendly page that allows a |
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consumer to search by the consumer's address energy efficiency |
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programs available in the consumer's service area. |
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(b) The State Energy Conservation Office and the commission |
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each shall provide a link on their Internet websites to the page |
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described by Subsection (a)(2). |
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Sec. 18.011. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) |
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Except as provided by this section, the council is not subject to |
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Chapter 551 or 552, Government Code. |
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(b) Information written, produced, collected, assembled, or |
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maintained under law or in connection with the transaction of |
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official business by the council or an officer or employee of the |
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council is subject to Section 552.008, Government Code, in the same |
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manner as public information. |
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Sec. 18.012. BIENNIAL PERFORMANCE REPORT. (a) The council |
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biennially shall prepare a report on energy efficiency performance |
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in this state. The council shall submit the report to the |
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legislature 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 18.010, including initial |
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capital investment, ongoing operating expenses, and energy savings |
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benefits of the programs; |
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(2) statewide energy efficiency performance by sector |
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and county; 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: |
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(1) criteria developed by the council for evaluating |
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and measuring energy efficiency programs in this state; |
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(2) opportunities for continuous improvement in |
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energy efficiency performance in this state; and |
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(3) recommendations for creating new energy |
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efficiency programs in this state. |
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(d) The council shall publish the report on the official |
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Internet websites under Section 18.009. |
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Sec. 18.013. APPLICABILITY OF ADVISORY COMMITTEE LAW. |
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Chapter 2110, Government Code, 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 presiding officer of the Public Utility Commission |
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of Texas shall appoint members to the Texas Energy Efficiency |
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Council in accordance with Section 18.004, Utilities Code, as added |
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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, 2023. |