programs SECO

Local Government Energy Reporting

Senate Bill 898 (82R)

In 2011, the 82nd Legislature passed Senate Bill (SB) 898 amending Health and Safety Code §388.005 to require energy efficiency programs in political subdivisions, institutions of higher education and state agency facilities located in non-attainment or near non-attainment counties in Texas.

Each political subdivision, institution of higher education or state agency in the affected counties is required to:

  • establish a goal to reduce the entity's electricity consumption by at least 5 percent annually for 10 years, beginning Sept. 1, 2011; and
  • submit a report annually to SECO regarding the entity's progress and efforts to meet the 5 percent annual reduction goal.

A political subdivision, institution of higher education or state agency that does not attain the established goals must justify in their annual report to SECO that the entity has already implemented all cost efficiency measures. Cost effectiveness of an energy conservation measure is defined as having a return on investment of 20 years or less.

Who Reports

SB 898 applies to each political subdivision, institution of higher education and state agency facility located in the 42 non-attainment or near non-attainment counties in Texas: Bastrop, Bexar, Brazoria, Caldwell, Chambers, Collin, Comal, Dallas, Denton, El Paso, Ellis, Fort Bend, Galveston, Gregg, Guadalupe, Hardin, Harris, Harrison, Hays, Henderson, Hood, Hunt, Jefferson, Johnson, Kaufman, Liberty, Montgomery, Nueces, Orange, Parker, Rockwall, Rusk, San Patricio, Smith, Tarrant, Travis, Upshur, Victoria, Waller, Williamson, Wilson and Wise.

How to Report

Download Reporting Form (PDF)

Submit completed forms to SECO by email or by mail no later than November 1 of each year. The submitted information will be included in an annual report to members of the Texas Legislature and the Texas Commission on Environmental Quality, providing entities a great opportunity to gain recognition for energy efficiency efforts.

Exemption Certification

For exemption requests, an entity must submit a signed SB 898 report certifying the justification for the exemption. Exemptions may be granted if an entity has reviewed its available options to reduce electricity consumption and determines that no additional measures are cost effective.

This exemption requires confirmation that the entity has implemented all available cost-effective measures. If requesting this exemption, an entity should describe in the report narrative the substantiation that justifies the claim, or attach supporting documentation. Justifications and supporting documents may include, but are not limited to:

  • a description of energy efficiency activities implemented by the entity and the subsequent electricity savings resulting from these activities;
  • a list of activities considered by the entity that are not considered cost effective and would likely not reduce electricity consumption in subsequent SB 898 reports; or
  • the signature of an entity official certifying that the exemption criteria have been met.

For more information concerning matters related to SB 898, contact Stephen Ross.