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Texas Senate Bill SB1382

Texas 2017 - 85th Regular

Texas Senate Bill SB1382 Compare Versions

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11 By: Hughes S.B. No. 1382
22 (In the Senate - Filed March 6, 2017; March 16, 2017, read
33 first time and referred to Committee on Business & Commerce;
44 May 9, 2017, reported adversely, with favorable Committee
55 Substitute by the following vote: Yeas 6, Nays 0; May 9, 2017, sent
66 to printer.)
77 COMMITTEE SUBSTITUTE FOR S.B. No. 1382 By: Creighton
88
99
1010 A BILL TO BE ENTITLED
1111 AN ACT
1212 relating to energy savings performance contracts.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Sections 44.901(a) and (f-1), Education Code,
1515 are amended to read as follows:
1616 (a) In this section, "energy savings performance contract"
1717 has the meaning assigned by Section 302.001, Local Government Code
1818 [means a contract for energy or water conservation measures to
1919 reduce energy or water consumption or operating costs of new or
2020 existing school facilities in which the estimated savings in
2121 utility costs resulting from the measures is guaranteed to offset
2222 the cost of the measures over a specified period. The term includes
2323 a contract for the installation or implementation of:
2424 [(1) insulation of a building structure and systems
2525 within the building;
2626 [(2) storm windows or doors, caulking or
2727 weatherstripping, multiglazed windows or doors, heat absorbing or
2828 heat reflective glazed and coated window or door systems, or other
2929 window or door system modifications that reduce energy consumption;
3030 [(3) automatic energy control systems, including
3131 computer software and technical data licenses;
3232 [(4) heating, ventilating, or air-conditioning system
3333 modifications or replacements that reduce energy or water
3434 consumption;
3535 [(5) lighting fixtures that increase energy
3636 efficiency;
3737 [(6) energy recovery systems;
3838 [(7) electric systems improvements;
3939 [(8) water-conserving fixtures, appliances, and
4040 equipment or the substitution of non-water-using fixtures,
4141 appliances, and equipment;
4242 [(9) water-conserving landscape irrigation equipment;
4343 [(10) landscaping measures that reduce watering
4444 demands and capture and hold applied water and rainfall, including:
4545 [(A) landscape contouring, including the use of
4646 berms, swales, and terraces; and
4747 [(B) the use of soil amendments that increase the
4848 water-holding capacity of the soil, including compost;
4949 [(11) rainwater harvesting equipment and equipment to
5050 make use of water collected as part of a storm-water system
5151 installed for water quality control;
5252 [(12) equipment for recycling or reuse of water
5353 originating on the premises or from other sources, including
5454 treated municipal effluent;
5555 [(13) equipment needed to capture water from
5656 nonconventional, alternate sources, including air conditioning
5757 condensate or graywater, for nonpotable uses;
5858 [(14) metering equipment needed to segregate water use
5959 in order to identify water conservation opportunities or verify
6060 water savings; or
6161 [(15) other energy or water conservation-related
6262 improvements or equipment, including improvements or equipment
6363 relating to renewable energy or nonconventional water sources or
6464 water reuse].
6565 (f-1) Notwithstanding other law, the board may use any
6666 available money[, other than money borrowed from this state,] to
6767 pay the provider of the energy or water conservation measures under
6868 this section, and the board is not required to pay for such costs
6969 solely out of the savings realized by the school district under an
7070 energy savings performance contract. The board may contract with
7171 the provider to perform work that is related to, connected with, or
7272 otherwise ancillary to the measures identified in the scope of an
7373 energy savings performance contract.
7474 SECTION 2. Sections 51.927(a) and (g-1), Education Code,
7575 are amended to read as follows:
7676 (a) In this section, "energy savings performance contract"
7777 has the meaning assigned by Section 302.001, Local Government Code
7878 [means a contract for energy or water conservation measures to
7979 reduce energy or water consumption or operating costs of new or
8080 existing institutional facilities in which the estimated savings in
8181 utility costs resulting from the measures is guaranteed to offset
8282 the cost of the measures over a specified period. The term includes
8383 a contract for the installation or implementation of:
8484 [(1) insulation of a building structure and systems
8585 within a building;
8686 [(2) storm windows or doors, caulking or weather
8787 stripping, multiglazed windows or doors, heat-absorbing or
8888 heat-reflective glazed and coated window or door systems, or other
8989 window or door system modifications that reduce energy consumption;
9090 [(3) automatic energy control systems, including
9191 computer software and technical data licenses;
9292 [(4) heating, ventilating, or air conditioning system
9393 modifications or replacements that reduce energy or water
9494 consumption;
9595 [(5) lighting fixtures that increase energy
9696 efficiency;
9797 [(6) energy recovery systems;
9898 [(7) electric systems improvements;
9999 [(8) water-conserving fixtures, appliances, and
100100 equipment or the substitution of non-water-using fixtures,
101101 appliances, and equipment;
102102 [(9) water-conserving landscape irrigation equipment;
103103 [(10) landscaping measures that reduce watering
104104 demands and capture and hold applied water and rainfall, including:
105105 [(A) landscape contouring, including the use of
106106 berms, swales, and terraces; and
107107 [(B) the use of soil amendments that increase the
108108 water-holding capacity of the soil, including compost;
109109 [(11) rainwater harvesting equipment and equipment to
110110 make use of water collected as part of a storm-water system
111111 installed for water quality control;
112112 [(12) equipment for recycling or reuse of water
113113 originating on the premises or from other sources, including
114114 treated municipal effluent;
115115 [(13) equipment needed to capture water from
116116 nonconventional, alternate sources, including air conditioning
117117 condensate or graywater, for nonpotable uses;
118118 [(14) metering equipment needed to segregate water use
119119 in order to identify water conservation opportunities or verify
120120 water savings; or
121121 [(15) other energy or water conservation-related
122122 improvements or equipment, including improvements or equipment
123123 related to renewable energy or nonconventional water sources or
124124 water reuse].
125125 (g-1) Notwithstanding other law, the board may use any
126126 available money[, other than money borrowed from this state,] to
127127 pay the provider of the energy or water conservation measures under
128128 this section, and the board is not required to pay for such costs
129129 solely out of the savings realized by the institution of higher
130130 education under an energy savings performance contract. The board
131131 may contract with the provider to perform work that is related to,
132132 connected with, or otherwise ancillary to the measures identified
133133 in the scope of an energy savings performance contract.
134134 SECTION 3. Sections 2166.406(a) and (f-1), Government Code,
135135 are amended to read as follows:
136136 (a) In this section, "energy savings performance contract"
137137 has the meaning assigned by Section 302.001, Local Government Code
138138 [means a contract for energy or water conservation measures to
139139 reduce energy or water consumption or operating costs of new or
140140 existing governmental facilities in which the estimated savings in
141141 utility costs resulting from the measures is guaranteed to offset
142142 the cost of the measures over a specified period. The term includes
143143 a contract for the installation of:
144144 [(1) insulation of a building structure and systems
145145 within the building;
146146 [(2) storm windows or doors, caulking or weather
147147 stripping, multiglazed windows or doors, heat absorbing or heat
148148 reflective glazed and coated window or door systems, or other
149149 window or door system modifications that reduce energy consumption;
150150 [(3) automatic energy control systems, including
151151 computer software and technical data licenses;
152152 [(4) heating, ventilating, or air-conditioning system
153153 modifications or replacements that reduce energy or water
154154 consumption;
155155 [(5) lighting fixtures that increase energy
156156 efficiency;
157157 [(6) energy recovery systems;
158158 [(7) electric systems improvements;
159159 [(8) water-conserving fixtures, appliances, and
160160 equipment or the substitution of non-water-using fixtures,
161161 appliances, and equipment;
162162 [(9) water-conserving landscape irrigation equipment;
163163 [(10) landscaping measures that reduce watering
164164 demands and capture and hold applied water and rainfall, including:
165165 [(A) landscape contouring, including the use of
166166 berms, swales, and terraces; and
167167 [(B) the use of soil amendments that increase the
168168 water-holding capacity of the soil, including compost;
169169 [(11) rainwater harvesting equipment and equipment to
170170 make use of water collected as part of a storm-water system
171171 installed for water quality control;
172172 [(12) equipment for recycling or reuse of water
173173 originating on the premises or from other sources, including
174174 treated municipal effluent;
175175 [(13) equipment needed to capture water from
176176 nonconventional, alternate sources, including air conditioning
177177 condensate or graywater, for nonpotable uses;
178178 [(14) metering equipment needed to segregate water use
179179 in order to identify water conservation opportunities or verify
180180 water savings; or
181181 [(15) other energy or water conservation-related
182182 improvements or equipment including improvements or equipment
183183 related to renewable energy or nonconventional water sources or
184184 water reuse].
185185 (f-1) Notwithstanding other law, the state agency may use
186186 any available money[, other than money borrowed from this state,]
187187 to pay the provider of the energy or water conservation measures
188188 under this section, and the state agency is not required to pay for
189189 such costs solely out of the savings realized by the state agency
190190 under an energy savings performance contract. The state agency may
191191 contract with the provider to perform work that is related to,
192192 connected with, or otherwise ancillary to the measures identified
193193 in the scope of an energy savings performance contract.
194194 SECTION 4. Sections 302.001(1), (3), and (4), Local
195195 Government Code, are amended to read as follows:
196196 (1) "Baseline" means a calculation or set of
197197 calculations in an energy savings performance contract that:
198198 (A) may be based on:
199199 (i) historical costs, revenues, accuracy,
200200 or related components; or
201201 (ii) avoided anticipated costs; and
202202 (B) used for determining:
203203 (i) [(A)] the costs for energy or water
204204 usage [by a local government] and related net operating costs;
205205 (ii) [(B)] the billable revenues from
206206 providing energy, water, or other utilities to users; or
207207 (iii) [(C)] the efficiency or accuracy of
208208 metering or related equipment, systems, or processes or procedures.
209209 (3) "Energy savings" means an estimated reduction in
210210 net fuel costs, energy costs, water costs, stormwater fees, or
211211 other utility costs, or related net operating costs, including
212212 costs for anticipated equipment replacement and repair, from or as
213213 compared to an established baseline of those costs. The term does
214214 not include an estimated reduction due to a decrease in energy rates
215215 that is not derived from increased conservation or reduced usage.
216216 (4) "Energy savings performance contract" means a
217217 contract with [between a local government and] a provider for
218218 energy or water conservation or usage measures in which the
219219 estimated energy savings, utility cost savings, increase in
220220 billable revenues, or increase in meter accuracy resulting from the
221221 measures is subject to guarantee to offset the cost of the energy or
222222 water conservation or usage measures over a specified period. The
223223 term includes a contract related to the pilot program described by
224224 Subdivision (9-a) and a contract for the installation or
225225 implementation of the following in new or existing facilities,
226226 including all causally connected work:
227227 (A) insulation of a building structure and
228228 systems within the building;
229229 (B) storm windows or doors, caulking or weather
230230 stripping, multiglazed windows or doors, heat-absorbing or
231231 heat-reflective glazed and coated window or door systems, or other
232232 window or door system modifications that reduce energy consumption;
233233 (C) automatic energy control systems, including
234234 computer software and technical data licenses;
235235 (D) heating, ventilating, or air-conditioning
236236 system modifications or replacements that reduce energy or water
237237 consumption;
238238 (E) lighting fixtures that increase energy
239239 efficiency;
240240 (F) energy recovery systems;
241241 (G) electric systems improvements;
242242 (H) water-conserving fixtures, appliances, and
243243 equipment or the substitution of non-water-using fixtures,
244244 appliances, and equipment;
245245 (I) water-conserving landscape irrigation
246246 equipment;
247247 (J) landscaping measures that reduce watering
248248 demands and capture and hold applied water and rainfall, including:
249249 (i) landscape contouring, including the use
250250 of berms, swales, and terraces; and
251251 (ii) the use of soil amendments that
252252 increase the water-holding capacity of the soil, including compost;
253253 (K) rainwater harvesting equipment and equipment
254254 to make use of water collected as part of a storm-water system
255255 installed for water quality control;
256256 (L) equipment for recycling or reuse of water
257257 originating on the premises or from other sources, including
258258 treated municipal effluent;
259259 (M) equipment needed to capture water from
260260 nonconventional, alternate sources, including air-conditioning
261261 condensate or graywater, for nonpotable uses;
262262 (N) metering or related equipment or systems that
263263 improve the accuracy of billable-revenue-generation systems;
264264 (O) alternative fuel programs resulting in
265265 energy cost savings and reduced emissions for local government
266266 vehicles, including fleet vehicles;
267267 (P) programs resulting in utility cost savings;
268268 or
269269 (Q) other energy or water conservation-related
270270 improvements or equipment, including improvements or equipment
271271 relating to renewable energy or nonconventional water sources or
272272 water reuse.
273273 SECTION 5. Section 302.004(a-1), Local Government Code, is
274274 amended to read as follows:
275275 (a-1) Notwithstanding other law, the governing body of a
276276 local government may use any available money[, other than money
277277 borrowed from this state,] to pay the provider of the energy or
278278 water conservation measures under this section, and the governing
279279 body is not required to pay for such costs solely out of the savings
280280 realized by the local government under an energy savings
281281 performance contract. The governing body may contract with the
282282 provider to perform work that is related to, connected with, or
283283 otherwise ancillary to the measures identified in the scope of an
284284 energy savings performance contract.
285285 SECTION 6. This Act takes effect immediately if it receives
286286 a vote of two-thirds of all the members elected to each house, as
287287 provided by Section 39, Article III, Texas Constitution. If this
288288 Act does not receive the vote necessary for immediate effect, this
289289 Act takes effect September 1, 2017.
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