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 - Dead) 2019-02-19 - Referred to State Affairs [HB223 Detail]
Download: Texas-2019-HB223-Introduced.html
86R2652 JXC-F | ||
By: Reynolds | H.B. No. 223 |
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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 [ |
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include in its energy efficiency plan a targeted low-income energy | ||
efficiency program [ |
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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. |