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Local Government-Energy Reporting

Senate Bill 898 (82R)

Report: Code Reference: Submittal:
SB898 (82R) 5 Tex. Health and Safety Code §388.005 Annual report due on November 1

Completed forms should be submitted to SECO by email or by mail no later than the deadline indicated in the table below for each year.  The information submitted to SECO will be provided in an annual report to members of the legislature and to the Texas Commission on Environmental Quality, thus providing a great opportunity for a jurisdiction to gain the recognition for efforts in energy efficiency.

Senate Bill 898 Mandates

In 2011, the Texas 82nd Legislative Session passed Senate Bill 898 amending the Health and Safety Code ยง388.005 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, institutions of higher education or state agency affected counties is required to:

  • Establish a goal to reduce electric the electrical consumption by the entity by at least 5 (five) percent each year for 10 (ten) years, beginning September 1, 2011.
  • Submit a report annually to SECO regarding the entity’s progress and efforts to meet the 5% goal to reduce electrical consumption.

A political subdivision, institutions of higher education or state agency that does not attain the goals established must provide justification in their SB 898 report to SECO that the entity has already implemented all cost-effective measures. (Cost effectiveness of an Energy Conservation Measure is defined as having a 20 year (or less) return on investment).

Non-Attainment Areas

SB 898 applies to each political subdivision, institute of higher education and state agency facility which is located in the 41 non-attainment or near non-attainment counties in Texas. Counties include: 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.

Exemption Certification

For exemption requests, an entity must submit a signed Senate Bill 898 report, certifying in the report narrative the justification for the exemption. Exemptions may be granted under the following circumstance:

  • If an entity has reviewed its available options to reduce electrical consumption and determines that no additional measures are cost effective and that the entity has implemented all cost-effective measures to reduce electrical consumption.
  • This requires justification that the entity has implemented all available cost-effective measures. If requesting this exemption, the entity should describe in the narrative, or attach supporting documentation which substantiates and justifies this claim. Justifications and supporting document include, but are not limited to:
    • A description of energy efficiency activities implemented by the entity and subsequent electricity savings resulting from these activities;
    • A list of those activities considered by the entity which are not considered cost-effective and which would not likely indicate no change of electrical consumption in subsequent SB 898 reports;
    • The signature of an entity official certifying that the exemption criteria have been met.

For more information concerning Senate Bill 898, contact Stephen Ross.

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