In 2001, the 77th Texas Legislature amended the Health and Safety Code by passing Senate Bill (SB) 5 , also known as the Texas Emissions Reduction Plan. The legislation mandated ambitious, fundamental changes in energy usage to help the state's political jurisdictions comply with federal Clean Air Act standards. It applied to all political subdivisions within Texas' 38 "non-attainment" counties; it subsequently was expanded to include 41 counties.
In 2007, the 80th Legislature passed Senate Bill (SB)12 extending the timeline set in SB 5 for emission reductions through 2011. Whereas SB 5 required political subdivisions to reduce their electrical consumption by 5 percent over five years beginning Jan. 1, 2002, SB 12 required such entities to establish goals to make 5 percent reductions annually for six years, effective Sept. 1, 2007.
SB 12 amended Health and Safety Code Section 388.005, in part, by requiring affected political subdivisions to implement all cost-effective energy efficiency measures; establish a goal to reduce electricity consumption by 5 percent each year for 6 years; and report efforts and progress annually to SECO.
In 2011, the passage of SB 898 by the 82nd Legislature signified the continuance of SB 12 from the 80th Legislature.Senate Bill 898 superseded the previous emissions plan legislation (SB 12, 80th R.S.) but with a broader scope. With some modifications, it continues assistance to political jurisdictions in Texas' non-attainment and near non-attainment counties in meeting federal Clean Air Act standards. It also allows for an exemption for entities that submit requisite documentation. The provisions of SB 898 expire on Aug. 31, 2021.
The following summary table shows how energy efficiency legislation has changed since the initial SB 5 policy was enacted in 2001.
|Legislative Mandates||SB 5 (77th)||Changes to SB 5||SB 12 (80th)||Changes to SB 12||SB 898 (82nd)|
|Relevant Time Frames||2001-2006||2007-2011||2011-2021|
|Compliance Mandate Applicability||entities in non-attainment counties; higher ed; political subdivisions; state agencies||added 3 counties||entities in non-attainment counties; higher ed; political subdivisions; state agencies||no change||entities in non-attainment counties; higher ed; political subdivisions; state agencies|
|Energy Efficiency Measures Implementation||20-yr. payback||no change||20-yr. payback||no change||20-yr. payback|
|Goals||reduce electricity consumption by 5%/yr. for 5 yrs. beginning 1/1/02||no change||reduce electricity consumption by 5%/yr. for 6 yrs. beginning 9/1/07||reduce electricity consumption by at least 5% each SFY for 10 yrs.||reduce electricity consumption by at least 5% each SFY for 10 yrs. beginning 9/1/11|
|Annual Reporting||report annually to SECO||no change||report annually to SECO||based on SFY||report annually to SECO|
|Exemptions||not addressed||certain MUDs||MUDs with total annual expenses <$200K in previous FY||exemption added||no annual report if subsequent report would indicate no change in status after reviewing available conservation options.|
For questions regarding energy reporting legislation, contact Stephen Ross.