Texas 2017 - 85th Regular

Texas House Bill HB1571 Compare Versions

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1		-	By: Paddie (Senate Sponsor - Hughes) H.B. No. 1571
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 4, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 15, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 15, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1571
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to energy savings performance contracts.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. Sections 44.901(a) and (f-1), Education Code,
14	8		are amended to read as follows:
15	9		(a) In this section, "energy savings performance contract"
16	10		has the meaning assigned by Section 302.001, Local Government Code
17	11		[means a contract for energy or water conservation measures to
18	12		reduce energy or water consumption or operating costs of new or
19	13		existing school facilities in which the estimated savings in
20	14		utility costs resulting from the measures is guaranteed to offset
21	15		the cost of the measures over a specified period. The term includes
22	16		a contract for the installation or implementation of:
23	17		[(1) insulation of a building structure and systems
24	18		within the building;
25	19		[(2) storm windows or doors, caulking or
26	20		weatherstripping, multiglazed windows or doors, heat absorbing or
27	21		heat reflective glazed and coated window or door systems, or other
28	22		window or door system modifications that reduce energy consumption;
29	23		[(3) automatic energy control systems, including
30	24		computer software and technical data licenses;
31	25		[(4) heating, ventilating, or air-conditioning system
32	26		modifications or replacements that reduce energy or water
33	27		consumption;
34	28		[(5) lighting fixtures that increase energy
35	29		efficiency;
36	30		[(6) energy recovery systems;
37	31		[(7) electric systems improvements;
38	32		[(8) water-conserving fixtures, appliances, and
39	33		equipment or the substitution of non-water-using fixtures,
40	34		appliances, and equipment;
41	35		[(9) water-conserving landscape irrigation equipment;
42	36		[(10) landscaping measures that reduce watering
43	37		demands and capture and hold applied water and rainfall, including:
44	38		[(A) landscape contouring, including the use of
45	39		berms, swales, and terraces; and
46	40		[(B) the use of soil amendments that increase the
47	41		water-holding capacity of the soil, including compost;
48	42		[(11) rainwater harvesting equipment and equipment to
49	43		make use of water collected as part of a storm-water system
50	44		installed for water quality control;
51	45		[(12) equipment for recycling or reuse of water
52	46		originating on the premises or from other sources, including
53	47		treated municipal effluent;
54	48		[(13) equipment needed to capture water from
55	49		nonconventional, alternate sources, including air conditioning
56	50		condensate or graywater, for nonpotable uses;
57	51		[(14) metering equipment needed to segregate water use
58	52		in order to identify water conservation opportunities or verify
59	53		water savings; or
60	54		[(15) other energy or water conservation-related
61	55		improvements or equipment, including improvements or equipment
62	56		relating to renewable energy or nonconventional water sources or
63	57		water reuse].
64	58		(f-1) Notwithstanding other law, the board may use any
65	59		available money[, other than money borrowed from this state,] to
66	60		pay the provider of the energy or water conservation measures under
67	61		this section, and the board is not required to pay for such costs
68	62		solely out of the savings realized by the school district under an
69	63		energy savings performance contract. The board may contract with
70	64		the provider to perform work that is related to, connected with, or
71	65		otherwise ancillary to the measures identified in the scope of an
72	66		energy savings performance contract.
73	67		SECTION 2. Sections 51.927(a) and (g-1), Education Code,
74	68		are amended to read as follows:
75	69		(a) In this section, "energy savings performance contract"
76	70		has the meaning assigned by Section 302.001, Local Government Code
77	71		[means a contract for energy or water conservation measures to
78	72		reduce energy or water consumption or operating costs of new or
79	73		existing institutional facilities in which the estimated savings in
80	74		utility costs resulting from the measures is guaranteed to offset
81	75		the cost of the measures over a specified period. The term includes
82	76		a contract for the installation or implementation of:
83	77		[(1) insulation of a building structure and systems
84	78		within a building;
85	79		[(2) storm windows or doors, caulking or weather
86	80		stripping, multiglazed windows or doors, heat-absorbing or
87	81		heat-reflective glazed and coated window or door systems, or other
88	82		window or door system modifications that reduce energy consumption;
89	83		[(3) automatic energy control systems, including
90	84		computer software and technical data licenses;
91	85		[(4) heating, ventilating, or air conditioning system
92	86		modifications or replacements that reduce energy or water
93	87		consumption;
94	88		[(5) lighting fixtures that increase energy
95	89		efficiency;
96	90		[(6) energy recovery systems;
97	91		[(7) electric systems improvements;
98	92		[(8) water-conserving fixtures, appliances, and
99	93		equipment or the substitution of non-water-using fixtures,
100	94		appliances, and equipment;
101	95		[(9) water-conserving landscape irrigation equipment;
102	96		[(10) landscaping measures that reduce watering
103	97		demands and capture and hold applied water and rainfall, including:
104	98		[(A) landscape contouring, including the use of
105	99		berms, swales, and terraces; and
106	100		[(B) the use of soil amendments that increase the
107	101		water-holding capacity of the soil, including compost;
108	102		[(11) rainwater harvesting equipment and equipment to
109	103		make use of water collected as part of a storm-water system
110	104		installed for water quality control;
111	105		[(12) equipment for recycling or reuse of water
112	106		originating on the premises or from other sources, including
113	107		treated municipal effluent;
114	108		[(13) equipment needed to capture water from
115	109		nonconventional, alternate sources, including air conditioning
116	110		condensate or graywater, for nonpotable uses;
117	111		[(14) metering equipment needed to segregate water use
118	112		in order to identify water conservation opportunities or verify
119	113		water savings; or
120	114		[(15) other energy or water conservation-related
121	115		improvements or equipment, including improvements or equipment
122	116		related to renewable energy or nonconventional water sources or
123	117		water reuse].
124	118		(g-1) Notwithstanding other law, the board may use any
125	119		available money[, other than money borrowed from this state,] to
126	120		pay the provider of the energy or water conservation measures under
127	121		this section, and the board is not required to pay for such costs
128	122		solely out of the savings realized by the institution of higher
129	123		education under an energy savings performance contract. The board
130	124		may contract with the provider to perform work that is related to,
131	125		connected with, or otherwise ancillary to the measures identified
132	126		in the scope of an energy savings performance contract.
133	127		SECTION 3. Sections 2166.406(a) and (f-1), Government Code,
134	128		are amended to read as follows:
135	129		(a) In this section, "energy savings performance contract"
136	130		has the meaning assigned by Section 302.001, Local Government Code
137	131		[means a contract for energy or water conservation measures to
138	132		reduce energy or water consumption or operating costs of new or
139	133		existing governmental facilities in which the estimated savings in
140	134		utility costs resulting from the measures is guaranteed to offset
141	135		the cost of the measures over a specified period. The term includes
142	136		a contract for the installation of:
143	137		[(1) insulation of a building structure and systems
144	138		within the building;
145	139		[(2) storm windows or doors, caulking or weather
146	140		stripping, multiglazed windows or doors, heat absorbing or heat
147	141		reflective glazed and coated window or door systems, or other
148	142		window or door system modifications that reduce energy consumption;
149	143		[(3) automatic energy control systems, including
150	144		computer software and technical data licenses;
151	145		[(4) heating, ventilating, or air-conditioning system
152	146		modifications or replacements that reduce energy or water
153	147		consumption;
154	148		[(5) lighting fixtures that increase energy
155	149		efficiency;
156	150		[(6) energy recovery systems;
157	151		[(7) electric systems improvements;
158	152		[(8) water-conserving fixtures, appliances, and
159	153		equipment or the substitution of non-water-using fixtures,
160	154		appliances, and equipment;
161	155		[(9) water-conserving landscape irrigation equipment;
162	156		[(10) landscaping measures that reduce watering
163	157		demands and capture and hold applied water and rainfall, including:
164	158		[(A) landscape contouring, including the use of
165	159		berms, swales, and terraces; and
166	160		[(B) the use of soil amendments that increase the
167	161		water-holding capacity of the soil, including compost;
168	162		[(11) rainwater harvesting equipment and equipment to
169	163		make use of water collected as part of a storm-water system
170	164		installed for water quality control;
171	165		[(12) equipment for recycling or reuse of water
172	166		originating on the premises or from other sources, including
173	167		treated municipal effluent;
174	168		[(13) equipment needed to capture water from
175	169		nonconventional, alternate sources, including air conditioning
176	170		condensate or graywater, for nonpotable uses;
177	171		[(14) metering equipment needed to segregate water use
178	172		in order to identify water conservation opportunities or verify
179	173		water savings; or
180	174		[(15) other energy or water conservation-related
181	175		improvements or equipment including improvements or equipment
182	176		related to renewable energy or nonconventional water sources or
183	177		water reuse].
184	178		(f-1) Notwithstanding other law, the state agency may use
185	179		any available money[, other than money borrowed from this state,]
186	180		to pay the provider of the energy or water conservation measures
187	181		under this section, and the state agency is not required to pay for
188	182		such costs solely out of the savings realized by the state agency
189	183		under an energy savings performance contract. The state agency may
190	184		contract with the provider to perform work that is related to,
191	185		connected with, or otherwise ancillary to the measures identified
192	186		in the scope of an energy savings performance contract.
193	187		SECTION 4. Sections 302.001(1), (3), and (4), Local
194	188		Government Code, are amended to read as follows:
195	189		(1) "Baseline" means a calculation or set of
196	190		calculations in an energy savings performance contract that:
197	191		(A) may be based on:
198	192		(i) historical costs, revenues, accuracy,
199	193		or related components; or
200	194		(ii) avoided anticipated costs; and
201	195		(B) may be used for determining:
202	196		(i) [(A)] the costs for energy or water
203	197		usage [by a local government] and related net operating costs;
204	198		(ii) [(B)] the billable revenues from
205	199		providing energy, water, or other utilities to users; or
206	200		(iii) [(C)] the efficiency or accuracy of
207	201		metering or related equipment, systems, or processes or procedures.
208	202		(3) "Energy savings" means an estimated reduction in
209	203		net fuel costs, energy costs, water costs, stormwater fees, or
210	204		other utility costs, or related net operating costs, including
211	205		costs for anticipated equipment replacement and repair, from or as
212	206		compared to an established baseline of those costs. The term does
213	207		not include an estimated reduction due to a decrease in energy rates
214	208		that is not derived from increased conservation or reduced usage.
215	209		(4) "Energy savings performance contract" means a
216	210		contract with [between a local government and] a provider for
217	211		energy or water conservation or usage measures in which the
218	212		estimated energy savings, utility cost savings, increase in
219	213		billable revenues, or increase in meter accuracy resulting from the
220	214		measures is subject to guarantee to offset the cost of the energy or
221	215		water conservation or usage measures over a specified period. The
222	216		term includes a contract related to the pilot program described by
223	217		Subdivision (9-a) and a contract for the installation or
224	218		implementation of the following in new or existing facilities,
225	219		including all causally connected work:
226	220		(A) insulation of a building structure and
227	221		systems within the building;
228	222		(B) storm windows or doors, caulking or weather
229	223		stripping, multiglazed windows or doors, heat-absorbing or
230	224		heat-reflective glazed and coated window or door systems, or other
231	225		window or door system modifications that reduce energy consumption;
232	226		(C) automatic energy control systems, including
233	227		computer software and technical data licenses;
234	228		(D) heating, ventilating, or air-conditioning
235	229		system modifications or replacements that reduce energy or water
236	230		consumption;
237	231		(E) lighting fixtures that increase energy
238	232		efficiency;
239	233		(F) energy recovery systems;
240	234		(G) electric systems improvements;
241	235		(H) water-conserving fixtures, appliances, and
242	236		equipment or the substitution of non-water-using fixtures,
243	237		appliances, and equipment;
244	238		(I) water-conserving landscape irrigation
245	239		equipment;
246	240		(J) landscaping measures that reduce watering
247	241		demands and capture and hold applied water and rainfall, including:
248	242		(i) landscape contouring, including the use
249	243		of berms, swales, and terraces; and
250	244		(ii) the use of soil amendments that
251	245		increase the water-holding capacity of the soil, including compost;
252	246		(K) rainwater harvesting equipment and equipment
253	247		to make use of water collected as part of a storm-water system
254	248		installed for water quality control;
255	249		(L) equipment for recycling or reuse of water
256	250		originating on the premises or from other sources, including
257	251		treated municipal effluent;
258	252		(M) equipment needed to capture water from
259	253		nonconventional, alternate sources, including air-conditioning
260	254		condensate or graywater, for nonpotable uses;
261	255		(N) metering or related equipment or systems that
262	256		improve the accuracy of billable-revenue-generation systems;
263	257		(O) alternative fuel programs resulting in
264	258		energy cost savings and reduced emissions for local government
265	259		vehicles, including fleet vehicles;
266	260		(P) programs resulting in utility cost savings;
267	261		or
268	262		(Q) other energy or water conservation-related
269	263		improvements or equipment, including improvements or equipment
270	264		relating to renewable energy or nonconventional water sources or
271	265		water reuse.
272	266		SECTION 5. Section 302.004(a-1), Local Government Code, is
273	267		amended to read as follows:
274	268		(a-1) Notwithstanding other law, the governing body of a
275	269		local government may use any available money[, other than money
276	270		borrowed from this state,] to pay the provider of the energy or
277	271		water conservation measures under this section, and the governing
278	272		body is not required to pay for such costs solely out of the savings
279	273		realized by the local government under an energy savings
280	274		performance contract. The governing body may contract with the
281	275		provider to perform work that is related to, connected with, or
282	276		otherwise ancillary to the measures identified in the scope of an
283	277		energy savings performance contract.
284	278		SECTION 6. This Act takes effect immediately if it receives
285	279		a vote of two-thirds of all the members elected to each house, as
286	280		provided by Section 39, Article III, Texas Constitution. If this
287	281		Act does not receive the vote necessary for immediate effect, this
288	282		Act takes effect September 1, 2017.
289		-	* * * * *
	283	+	______________________________ ______________________________
	284	+	President of the Senate Speaker of the House
	285	+	I certify that H.B. No. 1571 was passed by the House on April
	286	+	28, 2017, by the following vote: Yeas 117, Nays 16, 2 present, not
	287	+	voting.
	288	+	______________________________
	289	+	Chief Clerk of the House
	290	+	I certify that H.B. No. 1571 was passed by the Senate on May
	291	+	18, 2017, by the following vote: Yeas 27, Nays 3.
	292	+	______________________________
	293	+	Secretary of the Senate
	294	+	APPROVED: _____________________
	295	+	Date
	296	+	_____________________
	297	+	Governor