Texas 2011 - 82nd Regular

Texas Senate Bill SB1460 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Harris S.B. No. 1460
2	2	(In the Senate - Filed March 10, 2011; March 22, 2011, read
3	3	first time and referred to Committee on Government Organization;
4	4	May 12, 2011, reported favorably by the following vote: Yeas 5,
5	5	Nays 0; May 12, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to energy savings performance contracts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 44.901, Education Code, is amended by
13	13	amending Subsection (a) and adding Subsection (f-1) to read as
14	14	follows:
15	15	(a) In this section, "energy savings performance contract"
16	16	means a contract for energy or water conservation measures to
17	17	reduce energy or water consumption or operating costs of new or
18	18	existing school facilities in which the estimated savings in
19	19	utility costs resulting from the measures is guaranteed to offset
20	20	the cost of the measures over a specified period. The term includes
21	21	a contract for the installation or implementation of:
22	22	(1) insulation of a building structure and systems
23	23	within the building;
24	24	(2) storm windows or doors, caulking or
25	25	weatherstripping, multiglazed windows or doors, heat absorbing or
26	26	heat reflective glazed and coated window or door systems, or other
27	27	window or door system modifications that reduce energy consumption;
28	28	(3) automatic energy control systems, including
29	29	computer software and technical data licenses;
30	30	(4) heating, ventilating, or air-conditioning system
31	31	modifications or replacements that reduce energy or water
32	32	consumption;
33	33	(5) lighting fixtures that increase energy
34	34	efficiency;
35	35	(6) energy recovery systems;
36	36	(7) electric systems improvements;
37	37	(8) water-conserving fixtures, appliances, and
38	38	equipment or the substitution of non-water-using fixtures,
39	39	appliances, and equipment;
40	40	(9) water-conserving landscape irrigation equipment;
41	41	(10) landscaping measures that reduce watering
42	42	demands and capture and hold applied water and rainfall, including:
43	43	(A) landscape contouring, including the use of
44	44	berms, swales, and terraces; and
45	45	(B) the use of soil amendments that increase the
46	46	water-holding capacity of the soil, including compost;
47	47	(11) rainwater harvesting equipment and equipment to
48	48	make use of water collected as part of a storm-water system
49	49	installed for water quality control;
50	50	(12) equipment for recycling or reuse of water
51	51	originating on the premises or from other sources, including
52	52	treated municipal effluent;
53	53	(13) equipment needed to capture water from
54	54	nonconventional, alternate sources, including air conditioning
55	55	condensate or graywater, for nonpotable uses;
56	56	(14) metering equipment needed to segregate water use
57	57	in order to identify water conservation opportunities or verify
58	58	water savings; or
59	59	(15) other energy or water conservation-related
60	60	improvements or equipment, including improvements or equipment
61	61	relating to renewable energy or nonconventional water sources or
62	62	water reuse.
63	63	(f-1) Notwithstanding other law, the board of trustees of a
64	64	school district may use any available money, other than money
65	65	borrowed from this state, to pay the provider of the energy or water
66	66	conservation measures under this section, and the board is not
67	67	required to pay for the energy or water conservation measures
68	68	solely out of the savings realized by the school district under an
69	69	energy savings performance contract.
70	70	SECTION 2. Section 51.927, Education Code, is amended by
71	71	amending Subsection (a) and adding Subsection (g-1) to read as
72	72	follows:
73	73	(a) In this section, "energy savings performance contract"
74	74	means a contract for energy or water conservation measures to
75	75	reduce energy or water consumption or operating costs of new or
76	76	existing institutional facilities in which the estimated savings in
77	77	utility costs resulting from the measures is guaranteed to offset
78	78	the cost of the measures over a specified period. The term includes
79	79	a contract for the installation or implementation of:
80	80	(1) insulation of a building structure and systems
81	81	within a building;
82	82	(2) storm windows or doors, caulking or weather
83	83	stripping, multiglazed windows or doors, heat-absorbing or
84	84	heat-reflective glazed and coated window or door systems, or other
85	85	window or door system modifications that reduce energy consumption;
86	86	(3) automatic energy control systems, including
87	87	computer software and technical data licenses;
88	88	(4) heating, ventilating, or air conditioning system
89	89	modifications or replacements that reduce energy or water
90	90	consumption;
91	91	(5) lighting fixtures that increase energy
92	92	efficiency;
93	93	(6) energy recovery systems;
94	94	(7) electric systems improvements;
95	95	(8) water-conserving fixtures, appliances, and
96	96	equipment or the substitution of non-water-using fixtures,
97	97	appliances, and equipment;
98	98	(9) water-conserving landscape irrigation equipment;
99	99	(10) landscaping measures that reduce watering
100	100	demands and capture and hold applied water and rainfall, including:
101	101	(A) landscape contouring, including the use of
102	102	berms, swales, and terraces; and
103	103	(B) the use of soil amendments that increase the
104	104	water-holding capacity of the soil, including compost;
105	105	(11) rainwater harvesting equipment and equipment to
106	106	make use of water collected as part of a storm-water system
107	107	installed for water quality control;
108	108	(12) equipment for recycling or reuse of water
109	109	originating on the premises or from other sources, including
110	110	treated municipal effluent;
111	111	(13) equipment needed to capture water from
112	112	nonconventional, alternate sources, including air conditioning
113	113	condensate or graywater, for nonpotable uses;
114	114	(14) metering equipment needed to segregate water use
115	115	in order to identify water conservation opportunities or verify
116	116	water savings; or
117	117	(15) other energy or water conservation-related
118	118	improvements or equipment, including improvements or equipment
119	119	related to renewable energy or nonconventional water sources or
120	120	water reuse.
121	121	(g-1) Notwithstanding other law, the board may use any
122	122	available money, other than money borrowed from this state, to pay
123	123	the provider of the energy or water conservation measures under
124	124	this section, and the board is not required to pay for the energy or
125	125	water conservation measures solely out of the savings realized by
126	126	the institution of higher education under an energy savings
127	127	performance contract.
128	128	SECTION 3. Section 2166.406, Government Code, is amended by
129	129	amending Subsections (a) and (g) and adding Subsection (f-1) to
130	130	read as follows:
131	131	(a) In this section, "energy savings performance contract"
132	132	means a contract for energy or water conservation measures to
133	133	reduce energy or water consumption or operating costs of new or
134	134	existing governmental facilities in which the estimated savings in
135	135	utility costs resulting from the measures is guaranteed to offset
136	136	the cost of the measures over a specified period. The term includes
137	137	a contract for the installation of:
138	138	(1) insulation of a building structure and systems
139	139	within the building;
140	140	(2) storm windows or doors, caulking or weather
141	141	stripping, multiglazed windows or doors, heat absorbing or heat
142	142	reflective glazed and coated window or door systems, or other
143	143	window or door system modifications that reduce energy consumption;
144	144	(3) automatic energy control systems, including
145	145	computer software and technical data licenses;
146	146	(4) heating, ventilating, or air-conditioning system
147	147	modifications or replacements that reduce energy or water
148	148	consumption;
149	149	(5) lighting fixtures that increase energy
150	150	efficiency;
151	151	(6) energy recovery systems;
152	152	(7) electric systems improvements;
153	153	(8) water-conserving fixtures, appliances, and
154	154	equipment or the substitution of non-water-using fixtures,
155	155	appliances, and equipment;
156	156	(9) water-conserving landscape irrigation equipment;
157	157	(10) landscaping measures that reduce watering
158	158	demands and capture and hold applied water and rainfall, including:
159	159	(A) landscape contouring, including the use of
160	160	berms, swales, and terraces; and
161	161	(B) the use of soil amendments that increase the
162	162	water-holding capacity of the soil, including compost;
163	163	(11) rainwater harvesting equipment and equipment to
164	164	make use of water collected as part of a storm-water system
165	165	installed for water quality control;
166	166	(12) equipment for recycling or reuse of water
167	167	originating on the premises or from other sources, including
168	168	treated municipal effluent;
169	169	(13) equipment needed to capture water from
170	170	nonconventional, alternate sources, including air conditioning
171	171	condensate or graywater, for nonpotable uses;
172	172	(14) metering equipment needed to segregate water use
173	173	in order to identify water conservation opportunities or verify
174	174	water savings; or
175	175	(15) other energy or water conservation-related
176	176	improvements or equipment including improvements or equipment
177	177	related to renewable energy or nonconventional water sources or
178	178	water reuse.
179	179	(f-1) Notwithstanding other law, the state agency may use
180	180	any available money, other than money borrowed from this state, to
181	181	pay the provider of the energy or water conservation measures under
182	182	this section, and the state agency is not required to pay for energy
183	183	or water conservation measures solely out of the savings realized
184	184	by the state agency under an energy savings performance contract.
185	185	(g) An energy savings performance contract with respect to
186	186	[existing] buildings or facilities may be financed:
187	187	(1) under a lease/purchase contract that has a term
188	188	not to exceed 20 years from the final date of installation and that
189	189	meets federal tax requirements for tax-free municipal leasing or
190	190	long-term financing, including a lease/purchase contract under the
191	191	master equipment lease purchase program administered by the Texas
192	192	Public Finance Authority under Chapter 1232;
193	193	(2) with the proceeds of bonds; or
194	194	(3) under a contract with the provider of the energy or
195	195	water conservation measures that has a term not to exceed the lesser
196	196	of 20 years from the final date of installation or the average
197	197	useful life of the energy or water conservation or usage measures.
198	198	SECTION 4. Subdivision (4), Section 302.001, Local
199	199	Government Code, is amended to read as follows:
200	200	(4) "Energy savings performance contract" means a
201	201	contract between a local government and a provider for energy or
202	202	water conservation or usage measures in which the estimated energy
203	203	savings, increase in billable revenues, or increase in meter
204	204	accuracy resulting from the measures is subject to guarantee to
205	205	offset the cost of the energy or water conservation or usage
206	206	measures over a specified period. The term includes a contract for
207	207	the installation or implementation of the following in new or
208	208	existing facilities, including all causally connected work:
209	209	(A) insulation of a building structure and
210	210	systems within the building;
211	211	(B) storm windows or doors, caulking or weather
212	212	stripping, multiglazed windows or doors, heat-absorbing or
213	213	heat-reflective glazed and coated window or door systems, or other
214	214	window or door system modifications that reduce energy consumption;
215	215	(C) automatic energy control systems, including
216	216	computer software and technical data licenses;
217	217	(D) heating, ventilating, or air-conditioning
218	218	system modifications or replacements that reduce energy or water
219	219	consumption;
220	220	(E) lighting fixtures that increase energy
221	221	efficiency;
222	222	(F) energy recovery systems;
223	223	(G) electric systems improvements;
224	224	(H) water-conserving fixtures, appliances, and
225	225	equipment or the substitution of non-water-using fixtures,
226	226	appliances, and equipment;
227	227	(I) water-conserving landscape irrigation
228	228	equipment;
229	229	(J) landscaping measures that reduce watering
230	230	demands and capture and hold applied water and rainfall, including:
231	231	(i) landscape contouring, including the use
232	232	of berms, swales, and terraces; and
233	233	(ii) the use of soil amendments that
234	234	increase the water-holding capacity of the soil, including compost;
235	235	(K) rainwater harvesting equipment and equipment
236	236	to make use of water collected as part of a storm-water system
237	237	installed for water quality control;
238	238	(L) equipment for recycling or reuse of water
239	239	originating on the premises or from other sources, including
240	240	treated municipal effluent;
241	241	(M) equipment needed to capture water from
242	242	nonconventional, alternate sources, including air-conditioning
243	243	condensate or graywater, for nonpotable uses;
244	244	(N) metering or related equipment or systems that
245	245	improve the accuracy of billable-revenue-generation systems; or
246	246	(O) other energy or water conservation-related
247	247	improvements or equipment, including improvements or equipment
248	248	relating to renewable energy or nonconventional water sources or
249	249	water reuse.
250	250	SECTION 5. Section 302.004, Local Government Code, is
251	251	amended by adding Subsection (a-1) to read as follows:
252	252	(a-1) Notwithstanding other law, the governing body of a
253	253	local government may use any available money, other than money
254	254	borrowed from this state, to pay the provider of the energy or water
255	255	conservation measures under this section, and the governing body is
256	256	not required to pay for energy or water conservation measures
257	257	solely out of the savings realized by the local government under an
258	258	energy savings performance contract.
259	259	SECTION 6. This Act takes effect September 1, 2011.
260	260	* * * * *