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  S.B. No. 1434
 
 
 
 
AN ACT
  relating to certain low-income weatherization programs.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (f), Section 39.905, Utilities Code,
  is amended to read as follows:
         (f)  Unless funding is provided under Section 39.903, each
  unbundled transmission and distribution utility shall include in
  its energy efficiency plan a targeted low-income energy efficiency
  program as described by Section 39.903(f)(2), and the 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 
  [total] expenditures for the [both] targeted [and standard offer]
  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 targeted low-income energy efficiency
  program must comply with the same audit requirements that apply to
  federal weatherization subrecipients [will be based on the amount
  spent by the transmission and distribution utility on the
  commission's hard-to-reach program in calendar year 2003].  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 [This 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 state agency that administers the
  federal weatherization assistance program shall provide reports as
  required by the commission to provide the most current information
  available on energy and peak demand savings achieved in each
  transmission and distribution utility service area.  The agency
  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.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1434 passed the Senate on
  April 20, 2011, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1434 passed the House on
  May 25, 2011, by the following vote:  Yeas 139, Nays 7, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor