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