Bill Text: TX HB1534 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the funding through greenhouse gas emissions fees of energy efficiency programs administered by certain utilities; authorizing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-08 - Referred to State Affairs [HB1534 Detail]

Download: Texas-2021-HB1534-Introduced.html
  87R3385 SLB-F
 
  By: Reynolds H.B. No. 1534
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the funding through greenhouse gas emissions fees of
  energy efficiency programs administered by certain utilities;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 382.0621(f), Health and Safety Code, is
  amended to read as follows:
         (f)  The commission may impose operating permit fees for
  emissions of greenhouse gas only:
               (1)  to the extent the fees are necessary to cover the
  commission's additional reasonably necessary direct costs of
  implementing Section 382.05102; or
               (2)  as authorized under Section 382.0623.
         SECTION 2.  Subchapter C, Chapter 382, Health and Safety
  Code, is amended by adding Section 382.0623 to read as follows:
         Sec. 382.0623.  GREENHOUSE GAS EMISSIONS FEE. (a)  In this
  section, "carbon dioxide equivalent" means the amount of carbon
  dioxide by weight that would produce the same global warming impact
  as a given weight of another greenhouse gas, based on the best
  available science.
         (b)  The commission shall adopt, charge, and collect an
  annual fee on each facility permitted under Section 382.05185 that
  is subject to federal greenhouse gas reporting requirements.  
  Except as provided by Subsection (d), the fee is in the amount of $5
  per ton of carbon dioxide equivalent emitted from the facility each
  year.
         (c)  Not later than April 15 of each year, a facility
  described by Subsection (b) shall submit to the commission each
  annual report required by federal greenhouse gas reporting
  requirements.  The commission shall use a report received under
  this subsection to compute the total amount of the fee to be imposed
  on the reporting facility.
         (d)  The commission by rule may provide for an automatic
  annual increase in the amount of the fee imposed under this section
  in the manner provided for increasing operating permit fees by
  Section 382.0621(c).
         (e)  The commission shall deposit fees collected under this
  section to the credit of a greenhouse gas emissions fee account
  established in the general revenue fund.  The fees collected may be
  appropriated only for the purposes of Section 39.9053, Utilities
  Code.
         SECTION 3.  Section 39.905, Utilities Code, is amended by
  amending Subsection (f) and adding Subsection (f-1) to read as
  follows:
         (f)  Each unbundled transmission and distribution utility
  shall include in its energy efficiency plan a targeted low-income
  energy efficiency program, and the savings achieved by the program
  shall count toward the transmission and distribution utility's
  energy efficiency goal.  The commission shall determine the
  appropriate level of funding to be allocated to both targeted and
  standard offer low-income energy efficiency programs in each
  unbundled transmission and distribution utility service area.  The
  level of funding for low-income energy efficiency programs shall be
  provided from money approved by the commission for the transmission
  and distribution utility's energy efficiency programs.  The
  commission shall ensure that annual expenditures for the targeted
  low-income energy efficiency programs of each unbundled
  transmission and distribution utility are not less than 10 percent
  of the transmission and distribution utility's energy efficiency
  budget for the year.  A grant received by an unbundled transmission
  and distribution utility under Section 39.9053 may be considered as
  part of the utility's energy efficiency budget. A targeted
  low-income energy efficiency program must comply with the same
  audit requirements that apply to federal weatherization
  subrecipients.  In an energy efficiency cost recovery factor
  proceeding related to expenditures under this subsection, the
  commission shall make findings of fact regarding whether the
  utility meets requirements imposed under this subsection.  The
  state agency that administers the federal weatherization
  assistance program shall participate in energy efficiency cost
  recovery factor proceedings related to expenditures under this
  subsection to ensure that targeted low-income weatherization
  programs are consistent with federal weatherization programs and
  adequately funded.
         (f-1)  For the purposes of Subsection (f), a "low-income
  energy efficiency program" is a program that offers assistance to
  an electric customer:
               (1)  whose household income is not more than 125
  percent of the federal poverty guidelines; or
               (2)  who receives benefits under the supplemental
  nutrition assistance program established under Chapter 33, Human
  Resources Code.
         SECTION 4.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.9053 to read as follows:
         Sec. 39.9053.  ENERGY EFFICIENCY FUNDING. (a)  The
  commission by rule shall establish a grant program through which
  electric utilities, municipally owned utilities, and electric
  cooperatives may receive money from the greenhouse gas emissions
  fee account to assist those utilities with meeting goals
  established under and implementing programs under Sections 39.905,
  39.9051, and 39.9052.
         (b)  Except as provided by Subsection (c), the commission
  shall make grant money available to an electric utility,
  municipally owned utility, or electric cooperative in proportion to
  the percentage of electric energy consumed by the retail customers
  in this state that are served by the electric utility, municipally
  owned utility, or electric cooperative.
         (c)  The commission shall allocate at least 50 percent of the
  money provided under Subsection (a) each year for programs
  described by Section 39.905(f).
         SECTION 5.  The Texas Commission on Environmental Quality
  may not provide for an increase in the amount of the fee established
  by Section 382.0623, Health and Safety Code, as added by this Act,
  to occur before August 31, 2022.
         SECTION 6.  This Act takes effect September 1, 2021.
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