By: Ellis S.B. No. 1973
A BILL TO BE ENTITLED
AN ACT
relating to the creation and duties of the state energy savings
performance contract advisory council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 10, Government Code, is
amended by adding Chapter 2178 to read as follows:
CHAPTER 2178. STATE ENERGY SAVINGS PERFORMANCE CONTRACT
ADVISORY COUNCIL
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2178.001. DEFINITIONS. In this chapter:
(1) "Advisory council" means the state energy savings
performance contract advisory council.
(2) "Energy savings" means an estimated reduction in
net fuel costs, energy costs, water costs, storm-water fees, other
utility costs, or related net operating costs from, or as compared
to, an established baseline of those costs. The term does not
include an estimated reduction due to a decrease in energy rates
that is not derived from increased conservation or reduced usage.
(3) "Energy savings performance contract" means a
contract between a state agency or an institution of higher
education and a provider for energy or water conservation or usage
measures in which the estimated energy savings, increase in
billable revenues, or increase in meter accuracy resulting from the
measures is subject to guarantee to offset the cost of the energy or
water conservation or usage measures over a specified period. The
term includes a contract for the installation or implementation of
the following, including all causally connected work:
(A) insulation of a building structure and
systems within the building;
(B) storm windows or doors, caulking or weather
stripping, multiglazed windows or doors, heat-absorbing or
heat-reflective glazed and coated window or door systems, or other
window or door system modifications that reduce energy consumption;
(C) automatic energy control systems, including
computer software and technical data licenses;
(D) heating, ventilating, or air-conditioning
system modifications or replacements that reduce energy or water
consumption;
(E) lighting fixtures that increase energy
efficiency;
(F) energy recovery systems;
(G) electric systems improvements;
(H) water-conserving fixtures, appliances, and
equipment or the substitution of non-water-using fixtures,
appliances, and equipment;
(I) water-conserving landscape irrigation
equipment;
(J) landscaping measures that reduce watering
demands and capture and hold applied water and rainfall, including:
(i) landscape contouring, including the use
of berms, swales, and terraces; and
(ii) the use of soil amendments that
increase the water-holding capacity of the soil, including compost;
(K) rainwater harvesting equipment and equipment
to make use of water collected as part of a storm-water system
installed for water quality control;
(L) equipment for recycling or reuse of water
originating on the premises or from other sources, including
treated municipal effluent;
(M) equipment needed to capture water from
nonconventional, alternate sources, including air-conditioning
condensate or graywater, for nonpotable uses;
(N) metering or related equipment or systems that
improve the accuracy of billable-revenue-generation systems; or
(O) other energy or water conservation-related
improvements or equipment, including improvements or equipment
relating to renewable energy or nonconventional water sources or
water reuse.
(4) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(5) "State agency" means an office, department,
commission, or board of any branch of state government.
Sec. 2178.002. ADMINISTRATIVELY ATTACHED TO COMPTROLLER'S
OFFICE. The advisory council is administratively attached to the
comptroller's office. The comptroller shall provide the staff and
facilities necessary to assist the advisory council in performing
its duties.
[Sections 2178.003-2178.050 reserved for expansion]
SUBCHAPTER B. ADVISORY COUNCIL
Sec. 2178.051. ESTABLISHMENT OF ADVISORY COUNCIL. (a) The
comptroller shall establish the state energy savings performance
contract advisory council as an independent council separate from
the state energy conservation office.
(b) Chapter 2110 does not apply to the advisory council.
Sec. 2178.052. APPOINTMENT OF ADVISORY COUNCIL MEMBERS.
(a) The comptroller shall appoint the members of the advisory
council. The advisory council must include:
(1) at least one representative from each of the
following:
(A) an institution of higher education;
(B) a state agency, other than an agency already
represented on the advisory council;
(C) the state energy conservation office;
(D) the Texas Higher Education Coordinating
Board;
(E) the Bond Review Board;
(F) the Texas Public Finance Authority;
(G) the attorney general's office;
(H) the Texas Water Development Board; and
(I) the Texas Engineering Experiment Station;
(2) a licensed professional mechanical engineer, who
is licensed in this state and is proficient in monitoring and
verification techniques; and
(3) a representative from the energy savings
performance contract industry.
(b) The advisory council members serve four-year terms. An
advisory council member may be reappointed for a second term.
(c) Not later than the 90th day after the date the
comptroller receives notice of a member's resignation, the
comptroller shall fill the vacancy on the advisory council.
Sec. 2178.053. PRESIDING OFFICER. The members of the
advisory council by majority vote shall appoint a presiding
officer.
Sec. 2178.054. COMPENSATION AND REIMBURSEMENT. An advisory
council member is not entitled to compensation or reimbursement of
travel expenses for serving on the council.
Sec. 2178.055. MEETINGS. The advisory council shall meet
at the call of the presiding officer or comptroller.
[Sections 2178.056-2178.100 reserved for expansion]
SUBCHAPTER C. DUTIES OF ADVISORY COUNCIL
Sec. 2178.101. GENERAL DUTIES. The advisory council shall
advise the comptroller, state agencies, and institutions of higher
education with regard to:
(1) optimizing energy savings;
(2) complying with the requirements for energy savings
performance contracts;
(3) verifying energy savings; and
(4) overseeing contracts for energy services and
energy conservation measures under performance contracts that
guarantee savings.
Sec. 2178.102. BEST PRACTICES. (a) The advisory council
shall identify strategies for state agencies and institutions of
higher education to use in measuring and verifying savings from
energy, water, improved operations and maintenance,
retro-commissioning, renewable energy, and cogeneration projects
implemented through energy savings performance contracts.
(b) The advisory council shall base the strategies
identified under Subsection (a) on best practices identified by
other entities, including:
(1) ASHRAE Guideline 14: Measurement of Energy and
Demand Savings;
(2) the International Performance Measurement and
Verification Protocol; and
(3) the Federal Energy Management Program Guidelines
for Measurement and Verification for Federal Energy Management
Projects.
Sec. 2178.103. REPORTS. (a) Not later than January 1 of
each odd-numbered year, the advisory council shall submit a report
to the governor and both houses of the legislature on:
(1) the savings or lack of savings of all energy
savings performance contracts entered into by a state agency or an
institution of higher education during the preceding two years and
on the performance of contractors under the contracts; and
(2) the fulfillment of state agency energy savings
reduction goals under Section 2166.406 of this code and of
institutions of higher education energy savings reduction goals
under Section 51.927, Education Code.
(b) The report required under Subsection (a) may also
contain recommendations for increased savings by state agencies and
institutions of higher education, including the use of energy
savings performance contracts and other forms of financing.
(c) Each state agency and institution of higher education
shall provide to the advisory council adequate, timely information
necessary to prepare the report.
(d) Each state agency and institution of higher education
shall provide to the advisory council a list of all energy savings
performance contracts that includes:
(1) a summary of the savings and operational
performance under the contract;
(2) a statement that the savings guarantee is or is not
being met annually; and
(3) a statement on the impact of the contract:
(A) for a state agency, on the agency's request
to the legislature for utility funding; or
(B) for institutions of higher education, on
student fees and tuition.
SECTION 2. Section 2166.406, Government Code, is amended by
adding Subsection (k) to read as follows:
(k) An energy savings performance contract must comply with
any requirements established under Chapter 2178.
SECTION 3. Section 51.927, Education Code, is amended by
adding Subsection (k) to read as follows:
(k) An energy savings performance contract must comply with
any requirements established under Chapter 2178, Government Code.
SECTION 4. As soon as practicable after the effective date
of this Act, the comptroller of public accounts shall appoint
members to the state energy savings performance contract advisory
council.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.