This chapter shall be known and may be cited as the 'Alabama Energy Management and Conservation Act of 1980.'

The Legislature finds that the development, management and efficient use of energy resources and the conservation of energy is of prime importance in an era of rising costs, foreign dependence and uncertain supplies. At the same time it is also important to protect the economic, social and environmental values of the citizens of the state. Such responsibilities require a comprehensive, coordinated capacity on the part of the state to respond to the needs and demands of her citizens. It is therefore the intent of the Legislature:

(1) To ensure the wise development and efficient use of traditional energy sources;

(2) To encourage and assist the development, the use of renewable energy resources, demonstration, and placement in the marketplace of viable, alternative energy sources, more efficient uses of energy sources and other appropriate technology;

(3) To encourage the conservation and efficient use of all energy resources and to provide a governmental environment which will encourage and promote private investment and initiative in the development of new energy resources and more efficient use of all energy resources;

(4) To provide information to the public relating to energy saving uses, designs and construction methods and techniques for all new and existing buildings;

(5) To increase the ability of state government to respond in an efficient, comprehensive and coordinated manner to energy problems which may arise;

(6) To assure, as far as practicable, an energy supply adequate to protect the economic, social and environmental values the state's citizens now enjoy;

(7) To promote the identification of specifically designed energy management technologies;

(8) To disseminate information about such technologies;

(9) To promote the acceptance and adoption of such technologies by all energy-consuming sectors of the state's economy; and

(10) That the state shall not enter into the production or distribution of energy in any form.

(a) There is hereby created and established the Alabama Department of Energy. For the purposes of this chapter, the term 'department' or 'ADE' means the 'Alabama Department of Energy.'

(b) The programs and activities of the department shall be administered by a director with the assistance of such other officers, agents and employees as are necessary to carry out the functions of the agency. The director shall propose priorities and funding required to ensure that the programs and activities as provided in this chapter are effectively and efficiently carried out and that the intent of the Legislature is fully implemented. The director shall organize and employ the staff of the department.

(c) The director of the department shall be appointed by, and serve at the pleasure of the Governor. The pay of the director shall be set by the Governor without regard to any other limitation set by law. Division chiefs shall be appointed by, and serve at the pleasure of, the director. The director shall be exempt from the provisions of Article 1 of Chapter 26 of Title 36, and the division chiefs shall serve as unclassified personnel under the provisions of Article 1 of Chapter 26 of Title 36. All except the director shall be members of the Alabama State Employees Retirement System. The director may, however, at his option, become a member of such system. All other employees of the department except as provided in this subsection shall be classified personnel and shall be members of the state Merit System.

The programs and activities of the department shall include, but are not limited to, the following:

(1) To develop and promulgate a state energy policy;

(2) To report regularly to the Governor and annually to the Legislature on the programs and activities of the department and to recommend needed changes in law or administrative practice;

(3) To periodically assess state energy requirements, and to coordinate with the state geologists, the State Oil and Gas Board, and other parties and with appropriate governmental agencies in their determination of available energy supplies and their capacities and their development;

(4) To formulate and update annually a comprehensive state energy management program which shall identify alternative ways in which projected demands for all forms of energy may be met;

(5) To formulate and update annually a contingency plan to provide for adequate energy supplies during any energy shortages which may occur;

(6) To monitor existing programs relating to curtailment, allocation, conservation, planning, regulation and management of all forms of energy and energy sources; and to administer all other programs that are not otherwise provided by law;

(7) To serve as the state's clearinghouse for energy data. The clearinghouse shall be developed with the coordination and cooperation of other governmental data collection and record keeping systems to provide for an inventory, and the cataloging, and dissemination of energy-related information. Upon the request of the director of the department, other governmental agencies, boards and commissions shall, to the fullest extent possible, exchange records, reports, material and other energy-related information in an effort to avoid unnecessary duplication. If the amount of data requested by the department places an unreasonable burden on another agency's manpower or moneys, then the department shall monetarily reimburse such agency for its efforts;

(8) To ensure that all information of a proprietary nature shall remain confidential;

(9) To develop, conduct and disseminate educational and training programs as provided in Section 41-6A-5;

(10) To review and study energy usage by state government agencies in order to determine the potential for energy conservation, and to recommend to the appropriate agency and the Governor any administrative or legislative changes necessary to promote energy conservation;

(11) To assist and encourage the various state agencies and universities when applying for energy-related contracts with federal or regional agencies or other groups. This shall be accomplished in such a manner to support and encourage the individual entrepreneurship of the universities in obtaining separately sponsored research;

(12) To review with appropriate energy related agencies regulatory or revenue-producing practices for their impact on energy production and consumption, and to recommend appropriate changes or modifications which may improve the state's energy position without harming its economic status;

(13) To constitute the responsible agency for administering and coordinating federal energy programs delegated to the state subsequent to the enactment of this chapter. Excluded are those programs currently delegated to other agencies, and those programs having objectives consistent with the jurisdiction of other agencies;

(14) To encourage, and coordinate research, development and demonstration activities in the energy areas;

(15) To apply for, when appropriate, and receive and administer federal and private grant funds which contribute to the programs and activities as set forth in this chapter;

(16) To enter into interstate agreements and contracts, when appropriate, to accomplish jointly with other states and the federal government energy research or planning which contribute to the purposes of the department; and

(17) To perform any other function necessary for implementation and enforcement of this chapter.

The department shall conduct and administer public awareness and education programs which shall inform the public and state and local government policymakers of at least the following:

(1) The energy prospects for the state;

(2) The alternative futures in economic and environmental terms under different energy policies;

(3) The manpower needs of alternative energy policies;

(4) The probable impact of existing and proposed actions of state and federal government;

(5) The potential of research and development programs; and

(6) The importance of, and the technologies and methods necessary to achieve, energy conservation goals in all consuming sectors of the state's economy.

The department may, after appropriate notice and public hearing, upon request, promulgate reasonable rules consistent with the laws of this state, for the following purposes:

(1) To ensure the department will, for the purpose of planning and policy formulation, be able to obtain all necessary information from state agencies, and information from energy producers, suppliers and consumers that is not required to be submitted to other state government agencies;

(2) To ensure that energy conservation measures shall be practiced by state government; and

(3) To establish such advisory groups that from time to time may be beneficial to the department.

The department is solely responsible for the administration of this chapter; however, the department may enter into a contractual agreement with state agencies or departments, educational institutions and such other organizations and individuals necessary to fulfill its responsibilities. Any agency, department, educational institution or organization of the state which affects the administration or implementation of this chapter is required to communicate such activities to the department. Abstracts of proposals for energy-related grants shall be sent to the department for informational and coordination purposes. Such abstracts shall remain confidential.

(a) There is hereby created and established the Energy Advisory Council. For the purposes of this chapter the term 'council' means the 'Energy Advisory Council.' The council shall be composed of the following:

(1) Two members of the state Senate designated by the President of the Senate;

(2) Two members of the state House of Representatives designated by the Speaker of the House of Representatives;

(3) Four representatives from state institutions of higher learning designated by the Governor, provided, however, that no two representatives shall be from the same institution, and provided, further, that one representative shall be from an historically black institution;

(4) Three representatives of the citizens of the state, one designated by the Governor, one by the President of the Senate and one by the Speaker of the House of Representatives;

All other members will be appointed by the Governor from nominations submitted as follows:

(5) One representative of the Oil and Gas Board designated by the board;

(6) One representative of the Public Service Commission designated by the commission;

(7) One representative of the natural gas industry, designated by the Governor;

(8) One representative of the petroleum industry, designated by the Governor;

(9) One representative from the private investor-owned electric utility industry and one representative from the rural electric cooperatives;

(10) One representative of the coal industry, designated by the Governor;

(11) One representative of agriculture to be designated by the Commissioner of Agriculture and Industries and one representative of private, nonindustrial forestry to be designated by the Alabama Forestry Commission;

(12) One representative of the manufacturing industry, designated by the Associated Industries of Alabama;

(13) One representative of city government to be designated by the Alabama League of Municipalities;

(14) One representative of county government to be designated by the Association of County Commissioners of Alabama;

(15) One representative of registered professional engineers nominated by the Joint Engineers Council of Alabama, Inc.;

(16) One representative of the Alabama Homebuilders Association to be nominated by the association;

(17) One representative from an Alabama technical college which offers a coal mine technology program; and

(18) One representative of the State Department of Education.

(b) The advisory committee shall set up such subcommittees as it deems necessary.

(c) The director of the department shall serve ex officio as secretary to the council. The council shall meet as soon as practicable after May 19, 1980, and shall choose from among its members a chairman and a vice-chairman. The council shall meet at least twice annually, at the call of the chairman, or when at least seven members of the council officially and in writing request the secretary of the council to call a meeting.

(d) Members of the council shall serve without compensation.

(e) Members of the council shall serve at the pleasure of the official responsible for designating them members, but in no case shall the term of any member exceed four years unless such member is redesignated in accordance with subsection (a) of this section.

The duties and functions of the council shall include, but are not limited to, the following:

(1) To evaluate and assess state energy policy and its impact upon the economy and the environment, and to report to the director of the department on its findings;

(2) To facilitate and encourage the cooperation of federal, state and local government in the promotion and attainment of the purposes of this chapter;

(3) To enlist the cooperation of all appropriate private, public, civic and community organizations and groups in implementing the purposes of this chapter;

(4) To advise the director of the department on matters relating to energy resource policy, development and management and the programs and activities of the department; and

(5) To recommend to the director of the department additional legislation to further enhance the state's capabilities in energy matters.

The Legislature shall appropriate moneys from the General Fund for operation of the department; provided, however, that any appropriations or grants from any source whatsoever made to the Alabama Energy Management Board prior to May 19, 1980, shall continue in full force and effect and shall be managed by the department. Any contracts or grants established by the Energy Management Board prior to May 19, 1980, shall remain in effect and shall be assumed by the department.

No departmental employee or independent contractor shall divulge or make known in any manner any proprietary information acquired under the provisions of this chapter except in accordance with the order of a court of competent jurisdiction, as otherwise provided by law or in the publication of statistical information compiled by methods which do not disclose the source of the information or the identity of individual companies. Nothing in this section shall be construed to prevent inspection of reports by the Attorney General, members of the Legislature or other state agencies, provided, however, that such agencies and their employees and members are bound by the requirements set forth in this section.