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 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 Senate Bill 898 superseded the previous emissions plan legislation but with a broader scope. With some modifications, it continued assistance to political jurisdictions in Texas' non-attainment and near non-attainment counties in meeting federal Clean Air Act standards. It also allowed for an exemption for entities that submit requisite documentation.
In 2019, the passage of SB 241 by the 86nd Legislature extended the timeline for local governments to establish a goal to reduce the electric consumption by at least five percent each state fiscal year for seven years beginning September 1, 2019.
For more information, email SECO Reporting.