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Non-Attainment Area Energy Reporting

Senate Bill 898 (82nd R)

Effective Dates: September 1, 2012 – August 31, 2021. Senate Bill 898 is an update of Senate Bill 5/Senate Bill 12.

Senate Bill 898 Reporting

Report Online or Download Reporting Form

Political subdivisions, institutions of higher education and state agencies can now report energy consumption and savings data online or by downloading and completing the form provided. Completed forms should be submitted to SECO by email or by mail no later than November 1, 2013 for SB 898 Year 2 reporting.  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 that it deserves for its 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 §388.005 to require energy efficiency programs in political subdivisions, institutes of higher education, and state agency facilities located in non-attainment or near non-attainment counties in Texas.

Each political subdivision, institute 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, institute 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 and Wilson.

map showing non-attainment areas of texas
(Texas' Nonattainment and Near Nonattainment Areas Under the Clean Air Act, Text Alternative)

Reporting Timeline

The mandated timeline for SB898 is consistent with a State Fiscal Year (SFY). Reports are due to SECO on November 1st each year.


Year Consumption Range Report Due Date Reporting Form
2012 9/1/11 – 8/31/12 11/1/12 Year 1 Form
2013 9/1/12 – 8/31/13 11/1/13 Year 2 Form
2014 9/1/13 – 8/31/14 11/1/14 Year 3
2015 9/1/14 – 8/31/15 11/1/15 Year 4
2016 9/1/15 – 8/31/16 11/1/16 Year 5
2017 9/1/16 – 8/31/17 11/1/17 Year 6
2018 9/1/17 – 8/31/18 11/1/18 Year 7
2019 9/1/18 – 8/31/19 11/1/19 Year 8
2020 9/1/19 – 8/31/20 11/1/20 Year 9
2021 9/1/20 – 8/31/21 11/1/21 Year 10

Reporting Guidance

Entities mandated under Senate Bill 898 to report annually to SECO will need certain facility and utility data in order to submit an accurate report.  The Senate Bill 898 report consists of three sections: 1) Entity Contact Information; 2) A narrative describing the entity’s activities to reduce electrical and resource consumption, and 3) Entity Consumption Data. Senate Bill 898 differs from previous legislation in that it also provides for a process by which entities may request an exemption to the reporting.

A breakdown of the sections of the Senate Bill 898 Annual Report is as follows. This breakdown provides a basic outline of the information required for the report.

  1. Contact Information – This section is comprised of basic information about the entity submitting the report. It provides SECO with important entity personnel contact information and identifies the type of entity (Municipality, County, State Agency or Institute of Higher Education) submitting the report.
  2. Reduction Goal – This is a simple “Yes / No” check box in which the entity will state whether it has adopted a goal to reduce electrical consumption by five percent (5%) each State Fiscal Year for ten (10) years, beginning September 1, 2011.
  3. Areas of Improvement - This section is simply a checklist of what areas or systems of the building have had progress made toward energy efficiency.
  4. Narrative – This section of the report allows the entity to provide a summary statement regarding the progress and efforts to meet the annual 5% goal to reduce electrical consumption. If an entity chooses, it may submit additional information in the form of attachments to provide further details regarding the activities.
  5. Consumption Data – This section requires that the entity provide its facility and infrastructure (if any) electrical consumption data. The reporting year shall be comprised of consumption that occurs throughout the State Fiscal Year. For the purpose of this report, the initial 2012 reporting data shall be considered as the baseline data, and will consist of data occurring from September 1, 2011 through August 31, 2012. In order to properly compare year-to-year consumption, the square footage reflected in the baseline report should represent the same square footage that will be used throughout the subsequent reporting years, and utilize the same State Fiscal Year time spans for future reports. If an entity encounters conditions or new construction which impacts the baseline square footage, the entity should provide a statement in the narrative explaining these circumstances.

Exemption Certification

For exemption requests, an entity shall 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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