STATE INITIATIVE - 81ST LEGISLATIVE SESSION

Advocacy

Written by USGBC

The North Texas Green Council, along with other State of Texas USGBC Chapters, recently collaborated in efforts to promote green building practices at State initiated levels.  The State Advocacy Team was very successful in coordinating the efforts of all four Texas USGBC Chapters during the 81st Legislative Session with a uniformed campaign covering 14 various bills and hosting the first Green Building Advocacy Day at the Austin State Capitol on April 27, 2009.  A brief description of each bill outcome is listed below.

HB431

This proposed comprehensive bill, authored by Representatives Lucio (D-Brownsville), Alvarado (D-Houston), and Kent (D-Dallas), turned out to be the most discussed bill followed at the Legislative session, ultimately turning into an omnibus bill including fragments of SB 267, HB 3149 and other associated legislation.  The omnibus bill, which originally mentioned “LEED” as a conditional criterion, stayed alive until the very last day of the legislative session but eventually failed to pass.

HB 431 started as a bill requiring LEED standards for state buildings only.  In the House State Affairs Committee, rather than requiring LEED, it was amended to require “certification under a high performance building standard” determined by either a nationally recognized consensus-based process or substantiating documentation that would be selected by a Special Advisory Committee.  Higher education buildings were added to the bill, requiring an unclear undeveloped high performance green building standard, adherence to the 2009 International Energy Conservation Code, and a 15% reduction in water use over EPAct 1992.  The amendments also modified the effective date from September 2009 to September 2011.  The bill passed the full House on May 11—118 Yeas, 26 Nays.
In the Senate committee, the bill passed on largely unscathed.  Then it was read three times and voted on by the full Senate on May 23rd, the last day House committees could record Senate bills-- and that’s when things got exciting.  Several bills killed in that process were tacked onto HB 431.  These include Watson’s SB 2029 (Energy Conservation Bonds), Van de Putte’s SB 598 (Pilot School Solar Program), Ellis’s SB 1862 (State Purchase of Energy Efficient Appliances) and several others.  The bill turned into a repository for every Senators' energy hopes for the session.  Even with all the new amendments, it passed without much controversy—27 Yeas, 4 Nays.  The Nays were Harris (R-Arlington), Huffman (R-Houston), Ogden (R-Bryan) and Williams (R-Beaumont).
However, with the Senate adding additional content, the bill went into a special conference committee to reconcile differences between the House and Senate versions.  The conference committee members were Hinojosa, Averitt, Williams and Whitmire on the Senate side, and Lucio, Anchia, Keffer and Otto on the House side.  The bill emerged from committee including Anchia’s original green K-12 schools bill, HB 3149 (as well as all the amendments from the Senate).  Unlike HB 3149, however, the addition made the green building standard voluntary.
The House voted on the conference committee version of HB 431 on May 31st, the second to last day of the session (84 Yeas, 62 Nays).  With only hours to go in the session, the Senate had to also vote on the conference committee report in order for the bill to get sent to the Governor’s desk.  The Senate never picked it up again, then adjourned without resolving the issue, allowing HB 431 and many other proposed sustainable legislation to die in the process.

HB 516

This was Rep. Strama’s green jobs training bill.  Though it seemed very promising, it only succeeded in being passed out of the Technology, Economic Development, and Workforce Committee in the House, and never came up for a full House vote.

HB 880

This bill, co-authored by Reps. Strama and Chavez, would have provided an exemption from ad valorem taxation (property taxes) for certain energy efficiency-related improvements to property. It stalled in the House Ways and Means Committee.  It’s not clear if it was actually heard on its hearing date—it is not mentioned in the minutes.

HB 1391

This bill would have authorized the creation special bond funding districts to promote renewable energy and energy efficiency.  It passed out of the House Energy Resources Committee, but was never brought to a vote of the full House.

HB 1936

This bill would have allowed municipalities to exempt a portion of the value of a residence homestead from ad valorem taxation (property taxes) if the homestead met certain energy efficiency standards. It passed out of the House Ways and Means Committee, but was never brought to a vote of the full House.

HB 2019

Companion bill, identical to SB 127 and SB 267, required the adoption of green building standards for state and public university buildings.  However, this bill never made it out of House State Affairs Committee, and never even given a hearing.

HB 2337

Rep. Villareal authored this bill, which was an amendment to the education code allowing public schools that construct a building using green building standards be eligible for increased allotment of school bonds. This was referred to the House Public Education Committee, and never received a hearing.

HB 2783

This bill started out as a simple energy code bill, with an upgrade to International Residential Code 2009 and International Energy Conservation Code 2009— to take effect right away.  It passed out of the House Energy Resources Committee on April 24th, scheduled to go into effect in 2012.  When it was voted on by the full house, the substance of HB 3149 was amended by proposal of Rep. Villareal, to make green building practices as a voluntary unfunded measure school districts MIGHT consider if they felt like it.  The bill then passed out of the Senate Natural Resources Committee in largely the same form, but never made it to a vote of the full Senate.

HB 3149

This bill never made it out of the House Energy Resources Committee.  Previous meetings last December with the USGBC State Chapter Advocacy Committees indicated that considerable effort to pass a K-12 green school bill would be pursued.  As the sessions continued, these efforts appeared three separate bills during the course of the session, each failing to pass.

SB 16

After passing out of the Senate, the bill was delayed in the House Environmental Regulation committee, but was finally placed on the House Major State calendar on May 23. Rep. Ferrar attempted to place an amendment changing the implementation date of the state energy code upgrade back to Jan 2010, but this did not succeed.  The bill received a tremendous amount of industry push back, and ultimately failed to pass in time for the May 26th deadline.

SB 127 and 267

These companion bills, identical to HB 3019 and SB 267, required green building standards for state and public university buildings.  Both stalled in Senate Natural Resources Committee.

SB 670.

Rep. Shapleigh’s green building standards bill, which specifically mentioned LEED by name stalled in Senate Natural Resources Committee.

SB 701.

Sen. Ellis’s green schools bill with a funding mechanism stalled in Senate Education Committee and never came up for a hearing.