House Energy panel advances energy code, makes implementation of greenhouse-gas rulemaking contingent on funding

The House Energy and Digital Infrastructure Committee on March 20 was briefed by an Appropriations Committee representative who said Appropriations removed funding from two bills but left the policy language intact, making any required agency work contingent on future appropriations.

The Appropriations representative explained the committee's approach: when bills include money, Appropriations reviews how those dollars would be spent and sometimes strips appropriations if the current budget construct lacks available funds. "The work required or asked of an agency or an organization is contingent upon the appropriation," the reporter said, explaining that agencies could choose to carry out tasks voluntarily but would not be required to act until funding is provided.

The changes affect H.718, a residential energy code bill, and H.740, a greenhouse-gas measure that included rulemaking tied to appropriations. For H.718 the Appropriations representative said section 13(the appropriation) was deleted and replaced with contingency language. For H.740 the committee struck the appropriation and removed section 3, which contained appropriations and positions, and added language making any rulemaking contingent on available funding.

Sponsor remarks reflected the practical implication for agencies. The sponsor of H.740 said that "even if the bill goes all the way and the governor signs it, ANR will still not be required" to perform the work until funding is appropriated; the agency could proceed voluntarily, but the statutory obligation would not take effect absent funds.

Committee members discussed how funds could later be made available: the Senate could restore appropriations, money could be added in a future Budget Adjustment Act (BAA), or the Joint Fiscal Committee could authorize funding. Members noted the legislature uses a twice-yearly consensus forecast (January and July) and that a contingency list is sometimes created when forecasted revenues allow additional appropriations.

The committee then took nonbinding straw polls in the room. For H.718 members counted six hands in favor; for H.740 members counted six hands opposed. The transcript records a shorthand tally noted as "621," and members and staff acknowledged some confusion over earlier reported tallies (the clerk and staff said they would reconcile and confirm the official counts in the record).

What happens next: both bills were placed on notice for upcoming floor days this week; the committee's report and any reconciled vote tallies will be added to the official record as the measures advance through the Legislature.

The meeting also flagged related procedural points: leaving policy language in a bill without funding is intended to avoid unfunded mandates while allowing the policy to progress, and the presence or absence of funding will determine whether agencies must act or may do so voluntarily.

The committee adjourned after setting next week's agenda and asking staff to reconcile vote records.