Texas 2023 - 88th Regular

Texas Senate Bill SB1828

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the procurement by local governments of energy savings performance contracts for certain conservation measures; creating criminal offenses; authorizing a fee.

Impact

If enacted, SB1828 would empower local governments to secure funding and finance energy efficiency projects through contracted providers, enhancing sustainability efforts within their jurisdictions. The bill outlines requirements for guarantees of cost savings over the term of the contract, thus ensuring that local governments do not incur more costs than they would save, effectively aligning financial responsibility with efficiency goals. This regulatory change is designed to lower the barriers for local governments seeking to adopt green technologies and practices, ultimately leading to more significant environmental benefits.

Summary

Senate Bill 1828, titled 'Relating to the procurement by local governments of energy savings performance contracts for certain conservation measures; creating criminal offenses; authorizing a fee,' introduces regulations to enhance the efficiency of energy saving measures enacted by local governments. The bill establishes a framework for performance contracts that local governments can utilize to implement conservation measures that promise projected energy and operational cost savings. The measures covered by this bill can include various conservation practices such as upgrades to HVAC systems, lighting improvements, and water conservation techniques.

Sentiment

The reception of SB1828 appears to be generally supportive among proponents of sustainability and energy efficiency, who argue that it provides local governments with necessary tools to combat rising energy costs and reduce their carbon footprint. However, potential concerns have been raised regarding the adequacy of financial protections and the necessity for rigorous auditing of guarantees related to the projected cost savings. Advocates caution against the risks of contractor mismanagement or fraud, emphasizing that the law must ensure strong compliance measures.

Contention

Notable points of contention regarding SB1828 revolve around the implications of the new criminal offenses it creates for fraudulent practices within performance contracts. This addition aims to deter misconduct but raises questions about enforcement and the potential for over-regulation. Opponents might express concerns that the criminalization of certain contract violations could stifle local governmental agility in addressing emergent issues or adapting contracts in response to projects' real-world complexities. The interplay between ensuring compliance and allowing local government flexibility is expected to be a critical consideration in discussions around the bill.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 9. Home-rule Municipality
    • Section: New Section
  • Chapter 302. Energy Savings Performance Contracts For Local Governments
    • Section: New Section

Education Code

  • Chapter 44. Fiscal Management
    • Section: 901

Code Of Criminal Procedure

  • Chapter 59. Forfeiture Of Contraband
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

TX SB1050

Relating to energy savings performance contracts for local governments; creating criminal offenses; authorizing a fee.

TX SB1225

Relating to the purchase of a construction-related service from a provider related to an energy savings performance contract.

MS HB258

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MS HB184

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KY HB345

AN ACT relating to public contracts.

NJ A4029

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