Bill Text: TX HB223 | 2019-2020 | 86th 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) 2019-02-19 - Referred to State Affairs [HB223 Detail]

Download: Texas-2019-HB223-Introduced.html
  86R2652 JXC-F
 
  By: Reynolds H.B. No. 223
 
 
 
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 [Unless funding is provided under Section 39.903,
  each] unbundled transmission and distribution utility shall
  include in its energy efficiency plan a targeted low-income energy
  efficiency program [as described by Section 39.903(f)(2)], 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, 2020.
         SECTION 6.  This Act takes effect September 1, 2019.
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