| 1 | 1 | | 81R10948 YDB-D |
|---|
| 2 | 2 | | By: Madden H.B. No. 3567 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to energy savings performance contracts. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 2166.406, Government Code, is amended by |
|---|
| 10 | 10 | | amending Subsection (i) and adding Subsections (i-1), (i-2), (i-3), |
|---|
| 11 | 11 | | (i-4), and (i-5) to read as follows: |
|---|
| 12 | 12 | | (i) An energy savings performance contract shall be let |
|---|
| 13 | 13 | | according to the procedures established for procuring certain |
|---|
| 14 | 14 | | professional services by Section 2254.004. Notice of the request |
|---|
| 15 | 15 | | for qualifications shall be given in the manner provided by Section |
|---|
| 16 | 16 | | 2156.002. |
|---|
| 17 | 17 | | (i-1) The State Energy Conservation Office shall establish |
|---|
| 18 | 18 | | guidelines and an approval process for awarding energy savings |
|---|
| 19 | 19 | | performance contracts. The guidelines adopted under this |
|---|
| 20 | 20 | | subsection must require that the cost savings projected by an |
|---|
| 21 | 21 | | offeror be reviewed by a licensed professional engineer who: |
|---|
| 22 | 22 | | (1) has a minimum of three years of experience in |
|---|
| 23 | 23 | | energy calculation and review; |
|---|
| 24 | 24 | | (2) [,] is not an officer or employee of an offeror for |
|---|
| 25 | 25 | | the contract under review;[,] and |
|---|
| 26 | 26 | | (3) is not otherwise associated with the contract. |
|---|
| 27 | 27 | | (i-2) In conducting the review required under Subsection |
|---|
| 28 | 28 | | (i-1), the engineer shall focus primarily on the proposed |
|---|
| 29 | 29 | | improvements from an engineering perspective, the methodology and |
|---|
| 30 | 30 | | calculations related to cost savings, increases in revenue, and, if |
|---|
| 31 | 31 | | applicable, efficiency or accuracy of metering equipment. An |
|---|
| 32 | 32 | | engineer who reviews a contract shall maintain the confidentiality |
|---|
| 33 | 33 | | of any proprietary information the engineer acquires while |
|---|
| 34 | 34 | | reviewing the contract. |
|---|
| 35 | 35 | | (i-3) An energy savings performance contract may not be |
|---|
| 36 | 36 | | entered into unless the contract has been approved by the State |
|---|
| 37 | 37 | | Energy Conservation Office. Sections 1001.053 and 1001.407, |
|---|
| 38 | 38 | | Occupations Code, apply to work performed under the contract. |
|---|
| 39 | 39 | | (i-4) Before approving an energy savings performance |
|---|
| 40 | 40 | | contract as required under Subsection (i-3), the State Energy |
|---|
| 41 | 41 | | Conservation Office shall require the offeror to use equipment |
|---|
| 42 | 42 | | designed to verify the energy resource savings and require that |
|---|
| 43 | 43 | | measurement and verification fees be expressly provided in the |
|---|
| 44 | 44 | | contract. |
|---|
| 45 | 45 | | (i-5) The State Energy Conservation Office, in consultation |
|---|
| 46 | 46 | | with the Texas Higher Education Coordinating Board, shall establish |
|---|
| 47 | 47 | | and maintain an approved list of third-party audit engineers to |
|---|
| 48 | 48 | | comply with Subsection (i-1) and other audits required by state |
|---|
| 49 | 49 | | law. |
|---|
| 50 | 50 | | SECTION 2. Section 2166.406, Government Code, as amended by |
|---|
| 51 | 51 | | this Act, applies only to an energy savings performance contract |
|---|
| 52 | 52 | | entered into on or after the effective date of this Act. |
|---|
| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|