CHAPTER 447. STATE ENERGY CONSERVATION OFFICE
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE D. HISTORY, CULTURE, AND EDUCATION
CHAPTER 447. STATE ENERGY CONSERVATION OFFICE
Sec. 447.001. GOVERNANCE AND GENERAL AUTHORITY. The state
energy conservation office:
(1) is under the direction and control of the comptroller;
(2) shall promote the policies enumerated in this chapter; and
(3) may act in any capacity authorized by state or federal law.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 526, Sec.
7, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 4,
eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 573, Sec. 10, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff. June
15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept. 1,
2001. Reenacted and amended by Acts 2003, 78th Leg., ch. 1310,
Sec. 29, eff. June 20, 2003.
Sec. 447.002. INFORMATION; PROCEDURES AND RULES; MEASURES AND
PROGRAMS. (a) The state energy conservation office shall
develop and provide energy and water conservation information for
the state.
(b) The state energy conservation office may establish
procedures and adopt rules relating to the development and
implementation of energy and water conservation measures and
programs applicable to state buildings and facilities.
(c) A procedure established or a rule adopted under Subsection
(b) may include provisions relating to:
(1) the retrofitting of existing state buildings and facilities
with energy-saving or water-saving devices; and
(2) the energy-related or water-related renovation of those
buildings and facilities.
(d) To the extent that the governor receives money appropriated
for energy and water efficiency measures and programs, the
governor, through the state energy conservation office, shall
implement measures and programs that the state energy
conservation office identifies as encouraging energy or water
conservation by state government.
(e) A state agency shall implement an energy or water
conservation measure or program in accordance with plans
developed under Section 447.009.
(f) The state energy conservation office shall coordinate all
water conservation-related activities with the Texas Water
Development Board. The board shall assist the office in the
development of all proposed water conservation and reuse
requirements and provide training and expertise to the office
regarding water conservation issues.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec.
5.95(50), eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 573, Sec.
10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28,
eff. June 15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 1, eff.
Sept. 1, 2001. Reenacted and amended by Acts 2003, 78th Leg., ch.
1310, Sec. 29, eff. June 20, 2003.
Sec. 447.003. LIAISON TO FEDERAL GOVERNMENT. The state energy
conservation office is the state liaison to the federal
government for the implementation and administration of federal
programs relating to state agency energy matters. The office
shall administer state programs established under:
(1) Part D, Title III, Energy Policy and Conservation Act (42
U.S.C. Section 6321 et seq.), and its subsequent amendments;
(2) Part G, Title III, Energy Policy and Conservation Act (42
U.S.C. Section 6371 et seq.), and its subsequent amendments; and
(3) other federal energy conservation programs as assigned to
the office by the governor or the legislature.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 2001, 77th Leg., ch. 573, Sec.
10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28,
eff. June 15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 1, eff.
Sept. 1, 2001. Reenacted and amended by Acts 2003, 78th Leg., ch.
1310, Sec. 29, eff. June 20, 2003.
Sec. 447.004. DESIGN STANDARDS. (a) The state energy
conservation office shall establish and publish mandatory energy
and water conservation design standards for each new state
building or major renovation project, including a new building or
major renovation project of a state-supported institution of
higher education. The office shall define "major renovation
project" for purposes of this section and shall review and update
the standards biennially.
(b) The standards established under Subsection (a) must:
(1) include performance and procedural standards for the maximum
energy and water conservation allowed by the latest and most
cost-effective technology that is consistent with the
requirements of public health, safety, and economic resources;
(2) be stated in terms of energy and water consumption levels;
(3) consider the various types of building uses; and
(4) allow for design flexibility.
(c) Any procedural standard established under this section must
be directed toward specific design and building practices that
produce good thermal resistance and low infiltration and toward
requiring practices in the design of mechanical and electrical
systems that maximize energy and water efficiency. The procedural
standards must address, as applicable:
(1) insulation;
(2) lighting;
(3) ventilation;
(4) climate control;
(5) water-conserving fixtures, appliances, and equipment or the
substitution of non-water-using fixtures, appliances, and
equipment;
(6) water-conserving landscape irrigation equipment;
(7) landscaping measures that reduce watering demands and
capture and hold applied water and rainfall, including:
(A) landscape contouring, including the use of berms, swales,
and terraces; and
(B) the use of soil amendments that increase the water-holding
capacity of the soil, including compost;
(8) rainwater harvesting equipment and equipment to make use of
water collected as part of a storm-water system installed for
water quality control;
(9) equipment for recycling or reusing water originating on the
premises or from other sources, including treated municipal
effluent;
(10) equipment needed to capture water from nonconventional,
alternate sources, including air conditioning condensate or
graywater, for nonpotable uses;
(11) metering equipment needed to segregate water use in order
to identify water conservation opportunities or verify water
savings;
(12) special energy requirements of health-related facilities of
higher education and state agencies; and
(13) any other item that the state energy conservation office
considers appropriate.
(c-1) The procedural standards adopted under this section must
require that on-site reclaimed system technologies, including
rainwater harvesting, condensate collection, or cooling tower
blow down, or a combination of those system technologies, for
nonpotable indoor use and landscape watering be incorporated into
the design and construction of:
(1) each new state building with a roof measuring at least
10,000 square feet; and
(2) any other new state building for which the incorporation of
such systems is feasible.
(c-2) The procedural standards required by Subsection (c-1) do
not apply to a building if the state agency or institution of
higher education constructing the building:
(1) determines that compliance with those standards is
impractical; and
(2) notifies the state energy conservation office of the
determination and provides to the office documentation supporting
the determination.
(d) A state agency or an institution of higher education shall
submit a copy of its design and construction manuals to the state
energy conservation office as the office considers necessary to
demonstrate compliance by the agency or institution with the
standards established under this section.
(e) A state agency may not begin construction of a new state
building or a major renovation project before the design
architect or engineer for the construction or renovation has:
(1) certified to the appropriate authority having jurisdiction
that the construction or renovation complies with:
(A) the standards established under this section; and
(B) the alternative energy and energy-efficient architectural
and engineering design evaluation requirements under Sections
2166.401, 2166.403, and 2166.408; and
(2) provided to the appropriate authority having jurisdiction
and the state energy conservation office copies of:
(A) each certification under Subdivision (1); and
(B) any written evaluation or detailed economic feasibility
study prepared in accordance with Section 2166.401, 2166.403, or
2166.408.
(f) An institution of higher education may not begin
construction of a new state building or a major renovation
project before the design architect or engineer for the
construction or renovation has:
(1) certified to the institution of higher education that the
construction or renovation complies with the standards
established under this section; and
(2) provided to the state energy conservation office a copy of
that certification.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec.
5.95(50), eff. Aug. 28, 1995; Acts 1995, 74th Leg., ch. 526, Sec.
8, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 5,
eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 573, Sec. 10, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff. June
15, 2001; Acts, 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept. 1,
2001. Reenacted and amended by Acts 2003, 78th Leg., ch. 1310,
Sec. 29, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
856, Sec. 1, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1352, Sec. 10, eff. September 1, 2009.
Acts 2007, 80th Leg., R.S., Ch.
1430, Sec. 2.27, eff. September 1, 2009.
Sec. 447.005. ENERGY AND WATER EFFICIENCY PROJECTS. Subject to
applicable state and federal laws or guidelines, the state energy
conservation office may:
(1) implement an energy or water efficiency project at a state
agency; or
(2) assist the agency in implementing the project through an
energy or water efficiency program.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 526, Sec.
9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 6,
eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 573, Sec. 10, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff. June
15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept. 1,
2001. Reenacted and amended by Acts 2003, 78th Leg., ch. 1310,
Sec. 29, eff. June 20, 2003.
Sec. 447.006. ADDITIONAL ENERGY AND WATER SERVICES. (a) The
state energy conservation office may provide additional energy
and water services, including:
(1) training of designated state employees in energy and water
management, energy-accounting techniques, water-accounting
techniques, and energy efficient and water efficient design and
construction;
(2) technical assistance regarding energy efficient and water
efficient capital improvements, energy efficient and water
efficient building design, and cogeneration and thermal storage
investments;
(3) technical assistance to the state auditor or a state agency
regarding energy and water management performance audits and the
monitoring of utility bills to detect billing errors;
(4) technical assistance to a state agency regarding third-party
financing of an energy efficient and water efficient capital
improvement project; and
(5) other energy-related and water-related assistance that the
office considers appropriate, if the assistance is requested by a
state agency, an institution of higher education, a consortium of
institutions of higher education, or another governmental entity
created by state law.
(b) Using available state, federal, or oil overcharge funds, the
state energy conservation office may provide technical assistance
to a state agency or an institution of higher education in
analyzing or negotiating rates for electricity or natural gas
supplies from a locally certificated electric supplier, a natural
gas supplier, or a state-owned energy resource, including a
transportation charge for natural gas.
(c) A state agency or an institution of higher education may
request the assistance of the state energy conservation office
before negotiating or contracting for the supply or
transportation of natural gas or electricity.
(d) A state agency or an institution of higher education with
expertise in rate analysis, negotiation, or any other matter
related to the procurement of electricity and natural gas
supplies from a locally certificated electric supplier, a natural
gas supplier, or a state-owned energy resource may assist the
state energy conservation office whenever practicable. The
attorney general on request shall assist the office and other
state agencies and institutions of higher education in
negotiating rates for electricity and other terms of electric
utility service.
(e) Using available funds from any source, the state energy
conservation office may assist a state agency, an institution of
higher education, a consortium of institutions of higher
education, or another governmental entity created by state law to
further the goals and pursue the policies of the state in energy
research as may be determined by the governor or the legislature.
The office may assist a state agency in implementing current
federal energy policy.
(f) The state energy conservation office on request may
negotiate rates for electricity and other terms of electric
utility service for a state agency or an institution of higher
education. The office also may negotiate the rates and the other
terms of service for a group of agencies or institutions in a
single contract.
(g) The state energy conservation office may analyze the rates
for electricity charged to and the amount of electricity used by
state agencies and institutions of higher education to determine
ways the state could obtain lower rates and use less electricity.
Each state agency, including the Public Utility Commission of
Texas, and institution of higher education shall assist the
office in obtaining the information the office needs to perform
its analysis.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 526, Sec.
9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 6,
eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 573, Sec. 10, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff. June
15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept. 1,
2001. Redesignated from Government Code Sec. 447.008 and
reenacted and amended by Acts 2003, 78th Leg., ch. 1310, Sec. 29,
eff. June 20, 2003.
Sec. 447.007. ENERGY AND WATER AUDITS. (a) The state energy
conservation office may audit a state-owned building used by a
state agency to assist the agency in reducing energy and water
consumption and costs through improved energy and water
efficiency.
(b) Based on any audit performed under Subsection (a), the state
energy conservation office may recommend changes to improve
energy and water efficiency.
(c) Each state agency or institution of higher education shall
review and audit utility billings and contracts to detect billing
errors. Any contract with a private person to conduct the review
or audit must comply with all applicable provisions of Subchapter
A, Chapter 2254, regarding professional services contracts. The
contract may not be awarded on a contingent fee basis unless the
governor determines that the contract is necessary, reasonable,
and prudent.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 526, Sec.
9, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 6,
eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 573, Sec. 10, eff.
Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff. June
15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept. 1,
2001. Redesignated from Government Code Sec. 447.009 and
reenacted and amended by Acts 2003, 78th Leg., ch. 1310, Sec. 29,
eff. June 20, 2003.
Sec. 447.008. ENERGY-SAVING AND WATER-SAVING DEVICES OR
MEASURES. (a) On approval by the state energy conservation
office, a state agency that reduces its energy or water expenses
may use any funds saved by the agency from appropriated utility
funds for the purchase of an energy-saving or water-saving device
or measure. For purposes of this section, "energy-saving or
water-saving device or measure" means a device or measure that
directly reduces:
(1) energy or water costs; or
(2) the energy or water consumption of equipment, including a
lighting, heating, ventilation, air-conditioning system, or other
water-using system, without materially altering the quality of
the equipment.
(b) A state agency, in accordance with the recommendations of an
energy or water audit, may purchase energy-saving and
water-saving devices or measures from appropriated utility funds
if the savings in utility funds projected by the audit will
offset the purchase. The agency shall retain in its files a copy
of the recommendation and repayment schedule as evidence of the
projected savings.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 176, Sec.
1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 526, Sec. 10,
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec. 7, eff.
Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1206, Sec. 23, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 573, Sec. 10, eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff. June 15,
2001; Acts 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept. 1, 2001.
Redesignated from Government Code Sec. 447.010 and reenacted and
amended by Acts 2003, 78th Leg., ch. 1310, Sec. 29, eff. June 20,
2003.
Sec. 447.009. ENERGY AND WATER MANAGEMENT PLANNING. (a) The
state energy conservation office shall provide energy and water
management planning assistance to a state agency or an
institution of higher education, including:
(1) preparation by the agency or institution of a long-range
plan for the delivery of reliable, cost-effective utility
services for the state agency or institution;
(2) assistance to the Department of Public Safety for energy
emergency contingency planning, using state or federal funds when
available;
(3) assistance to each state agency or institution of higher
education in preparing comprehensive energy and water management
plans; and
(4) assistance to state agencies other than institutions of
higher education in meeting the requirements of Section 447.002,
including assistance in scheduling and assigning priorities to
implementation plans to ensure that state agencies adopt
qualified cost-effective efficiency measures and programs for all
state facilities not later than September 1, 2006.
(b) A state agency or an institution of higher education shall
develop the plan described in Subsection (a)(1) and submit the
plan to the state energy conservation office upon request. The
agency or institution shall use the plan in preparing its
five-year construction and major renovation plans. After other
energy-saving or water-saving alternatives are considered,
district heating and cooling or on-site generation of electricity
may be considered in planning for reliable, efficient, and
cost-effective utility services.
(c) The state energy conservation office shall prepare
guidelines for preparation of the plan described in Subsection
(a)(3). A state agency or an institution of higher education that
occupies a state-owned building shall prepare and implement a
five-year energy and water management plan and shall submit that
plan to the office upon request. The agency or institution shall
update its plan biennially. A state agency or an institution of
higher education that occupies a building not owned by the state
shall cooperate with the office in addressing the energy or water
management of that building.
(d) The comprehensive energy and water management plan described
in Subsection (a)(3) shall be included in the five-year
construction and major repair and rehabilitation plans for
institutions of higher education as required by Section 61.0651,
Education Code.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 52, art. 2, Sec. 1,
eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 612,
Sec. 1, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, Sec.
5.95(45), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 698, Sec.
8, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 573, Sec. 10,
eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 28, eff.
June 15, 2001; Acts 2001, 77th Leg., ch. 1398, Sec. 1, eff. Sept.
1, 2001. Redesignated from Government Code Sec. 447.011 and
reenacted and amended by Acts 2003, 78th Leg., ch. 1310, Sec. 29,
eff. June 20, 2003.
Sec. 447.010. FUEL SAVINGS FOR STATE AGENCIES. (a) In this
section and in Section 447.011:
(1) "Cost-effective" means resulting in fuel consumption
reduction with a projected savings in fuel cost over a one-year
period that exceeds the cost of purchasing and using a
technology.
(2) "Fuel-saving technology" means a:
(A) device containing no lead metal that is installed on a motor
vehicle or non-road diesel and that has been proven to reduce
fuel consumption per mile or per hour of operation by at least
five percent;
(B) fuel additive registered in accordance with 40 C.F.R. Part
79 that contains no known mutagenic materials and that has been
proven to reduce fuel consumption per mile or per hour of
operation by at least five percent; or
(C) fuel registered in accordance with 40 C.F.R. Part 79 that
contains no known mutagenic materials and that has been proven to
reduce fuel consumption per mile or per hour of operation by at
least five percent.
(3) "Motor vehicle" and "non-road diesel" have the meanings
assigned by Section 386.101, Health and Safety Code.
(4) "Proven fuel-saving technologies" means technologies shown
to reduce fuel use by at least five percent in:
(A) an Environmental Protection Agency fuel economy federal test
protocol test performed at a laboratory recognized by the
Environmental Protection Agency;
(B) a fuel economy test performed in accordance with protocols
and at testing laboratories or facilities recognized by the state
energy conservation office, the Texas Commission on Environmental
Quality, or the Environmental Protection Agency; or
(C) a field demonstration performed in accordance with Section
447.011.
(b) A state agency with 10 or more motor vehicles or non-road
diesels shall reduce the total fuel consumption of the vehicles
or diesels by at least five percent from fiscal year 2002
consumption levels through the use of cost-effective proven
fuel-saving technologies.
(c) A state agency may delay reducing fuel use as described in
this section until a list of proven fuel-saving technologies is
provided by the state energy conservation office as provided by
Section 447.011.
(d) A state agency may not purchase or use as a fuel-saving
technology a technology that:
(1) is known to increase oxides of nitrogen emissions or toxic
air contaminants;
(2) may be reasonably concluded to degrade air quality or human
health or to negatively impact the environment; or
(3) is known to affect negatively the manufacturer's warranty of
a motor vehicle or a non-road diesel.
(e) A state agency may purchase cost-effective proven
fuel-saving technologies out of the agency's fuel budget.
(f) A state agency shall competitively evaluate similar
fuel-saving technologies.
(g) A state agency may require a seller of a fuel-saving
technology to refund the cost of the technology if it is
determined to be ineffective at reducing fuel use by at least
five percent before the 91st day after the date the technology is
first used by the agency.
(h) A state agency may use fuel-saving technologies that the
agency determines are cost-effective and may use a fuel-saving
technology in applications that provide other benefits, including
emissions reductions.
(i) A state agency may establish a program for agency employees
to voluntarily:
(1) purchase fuel-saving technologies; and
(2) document reductions in fuel savings and air emissions.
(j) A state agency shall annually report to the state energy
conservation office on a form provided by the office on the state
agency's efforts and progress under this section.
(k) This section does not apply to an institution of higher
education as defined by Section 61.003, Education Code.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 5.01, eff.
Jan. 11, 2004.
Sec. 447.011. FIELD DEMONSTRATIONS. (a) Under the direction of
the state energy conservation office, the Texas Department of
Transportation shall demonstrate the effectiveness of at least
four fuel-saving technologies on a combined maximum of 100 motor
vehicles or non-road diesels in accordance with this section to
determine the fuel-saving technologies that may cost-effectively
reduce fuel consumption and save state revenue.
(b) The Texas Department of Transportation shall select varying
ages and types of motor vehicles and non-road diesels to
demonstrate the fuel-saving technologies and shall give a
preference to high-use motor vehicles and non-road diesels in the
selection.
(c) The Texas Department of Transportation shall demonstrate the
performance of fuel-saving technologies by:
(1) assessing a technology's performance in the normal course of
operations of motor vehicles or non-road diesels; and
(2) performing controlled field tests.
(d) In selecting the technologies to be evaluated, the state
energy conservation office shall:
(1) consult with governmental and business organizations that
are currently using fuel-saving technology;
(2) consider technologies that are proven fuel-saving
technologies that have demonstrated fuel economy benefits of five
percent or more in field tests or recorded use data of government
organizations or businesses that operate fleets; and
(3) determine whether each technology selected has the potential
to be cost-effective.
(e) A fuel-saving technology may be disqualified from being
demonstrated or used if it is known to reduce engine performance,
reduce the life of the engine, require additional maintenance
expenses, or degrade air quality.
(f) The Texas Commission on Environmental Quality, the Texas
Transportation Institute, The University of Texas Center for
Transportation Research, the University of Houston Diesel
Emissions Center, or another agency may be designated to assist
with executing the demonstration, compiling the results,
estimating the potential average fuel savings of the technologies
in different applications, or preparing a final report.
(g) On completing the demonstration described by this section
the state energy conservation office shall rank the fuel-saving
technologies based on their fuel savings, other cost savings, and
overall cost-effectiveness. The office shall:
(1) list recommended applications of the technologies;
(2) document other negative or positive effects; and
(3) prepare a concise report of these findings.
(h) The Texas Commission on Environmental Quality shall obtain
information on any fuel-saving technology that appears to reduce
particulate matter, oxides of nitrogen, carbon monoxide, or
hydrocarbon emissions. The Texas Commission on Environmental
Quality may use this information to fund the United States
Environmental Protection Agency verification of a technology in
accordance with Section 387.003, Health and Safety Code.
(i) The state energy conservation office shall provide the
report prepared under Subsection (g) to each state agency with 10
or more motor vehicles or non-road diesels and to the Legislative
Budget Board.
(j) The demonstration and associated reports described by this
section shall be completed not later than January 1, 2005.
(k) All results of a demonstration project under this section
shall be made public on the state energy conservation office's
Internet website.
(l) The state energy conservation office shall provide quarterly
an updated list of all proven fuel-saving technologies on its
Internet website.
(m) Money from the state highway fund may not be used for the
purchase, installation, maintenance, or operation of the
fuel-saving technologies being assessed or subjected to
controlled field tests under this section. Repairs to state
equipment resulting from demonstrations of fuel-saving
technologies must be paid from the same funds used to implement
this section.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 5.01, eff.
Jan. 11, 2004.
Sec. 447.012. APPLIANCE STANDARDS. The state energy
conservation office shall determine the feasibility and
cost-benefit to consumers of setting appliance standards for
appliances that are not currently regulated for energy efficiency
in this state, if the office determines that the new standards
would reduce the emission of air contaminants. The office may
not consider the feasibility and cost-benefit to consumers of
setting appliance standards for air conditioning systems under
this section.
Added by Acts 2005, 79th Leg., Ch.
1095, Sec. 5, eff. September 1, 2005.
Sec. 447.013. ADVANCED CLEAN ENERGY PROJECT GRANT AND LOAN
PROGRAM. (a) In this section:
(1) "Account" means the advanced clean energy project account
established under this section.
(2) "Advanced clean energy project" has the meaning assigned by
Section 382.003, Health and Safety Code.
(3) "Program" means the advanced clean energy project grant and
loan program established under this section.
(b) The advanced clean energy project grant and loan program is
established to encourage the development of advanced clean energy
projects in an environmentally protective manner. The program is
administered by the State Energy Conservation Office.
(c) The advanced clean energy project account is an account in
the general revenue fund.
(d) The account consists of:
(1) a sub-account in the account that consists of the proceeds
of bonds issued under Subsection (j);
(2) revenues allocated to the account under Section 182.122, Tax
Code;
(3) any amount appropriated by the legislature for the account;
(4) gifts, grants, and other donations received for the account;
and
(5) interest earned on the investment of money in the account.
(e) Money in the account may be appropriated only to the State
Energy Conservation Office to award grants or to make or
guarantee loans under this section. The total amount of grants
that may be awarded under this section in any state fiscal
biennium from revenues described by Subsection (d)(2) may not
exceed $20 million. The total amount of loans that may be made
or guaranteed under this section in any state fiscal biennium
from revenues described by Subsection (d)(2) may not exceed $10
million.
(f) Before awarding a grant or making a loan under this section,
the State Energy Conservation Office shall enter into a written
agreement with the entity to which the grant is to be awarded or
the loan is to be made. The agreement may specify that if, as of
a date specified by the agreement, the entity has not used the
grant or loan for the purposes for which the grant or loan was
intended, the entity shall repay the amount of the grant or the
amount of the loan and any accrued interest, as applicable, under
terms specified by the agreement.
(g) Under the program, the State Energy Conservation Office may
award a grant to the managing entity of an advanced clean energy
project in an amount not to exceed 50 percent of the total amount
invested in the project by private industry sources. The
managing entity of the project must provide any information
considered necessary by the State Energy Conservation Office to
determine whether the entity qualifies for the grant.
(h) Under the program, the State Energy Conservation Office may
make or guarantee a loan to the managing entity of an advanced
clean energy project in this state. If the loan or guarantee is
to be funded by the proceeds of bonds issued under Subsection
(j), the project must qualify for the loan or guarantee under
Section 49-q, Article III, Texas Constitution.
(i) A recipient of a grant or loan under this section is
encouraged to purchase goods and services from small businesses
and historically underutilized businesses, as those terms are
defined by Section 481.191, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1277, Sec. 1, eff. September 1, 2007.