H.B. No. 1184
AN ACT
relating to authorizing certain utility cost savings and
alternative fuel programs as eligible for local government energy
savings performance contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 302.001, Local Government Code, is
amended by amending Subdivision (4) and adding Subdivision (9-a) to
read as follows:
(4) "Energy savings performance contract" means a
contract between a local government and a provider for energy or
water conservation or usage measures in which the estimated energy
savings, utility cost 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 related to the pilot program described by Subdivision
(9-a) and a contract for the installation or implementation of the
following in new or existing facilities, 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) alternative fuel programs resulting in
energy cost savings and reduced emissions for local government
vehicles, including fleet vehicles;
(P) programs resulting in utility cost savings;
or
(Q) other energy or water conservation-related
improvements or equipment, including improvements or equipment
relating to renewable energy or nonconventional water sources or
water reuse.
(9-a) "Pilot program" means a pilot program operated
by the Energy Systems Laboratory at the Texas A&M Engineering
Experiment Station, in consultation with the Texas Facilities
Commission and the State Energy Conservation Office, that:
(A) establishes and implements energy efficiency
improvements to state-owned buildings maintained by the
commission;
(B) generates savings in utility costs resulting
from the improvements resulting in at least a 30 percent annual
return on the costs of the improvements;
(C) provides for the participation of not fewer
than two companies selected by the commission; and
(D) provides for any money attributable to
utility cost savings resulting from the pilot program to be
appropriated only to the commission.
SECTION 2. 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1184 was passed by the House on April
13, 2015, by the following vote: Yeas 132, Nays 9, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1184 on May 29, 2015, by the following vote: Yeas 133, Nays 12,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1184 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor