87R8820 MP-F
By: Paddie H.B. No. 3583
A BILL TO BE ENTITLED
AN ACT
relating to energy savings performance contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 44.901, Education Code, is amended by
amending Subsection (f-1) and adding Subsection (k) to read as
follows:
(f-1) Notwithstanding other law, the board may use any
available money to pay the provider of the energy or water
conservation measures under this section, and the board is not
required to pay for such costs solely out of the savings realized by
the school district under an energy savings performance contract.
[The board may contract with the provider to perform work that is
related to, connected with, or otherwise ancillary to the measures
identified in the scope of an energy savings performance contract.]
(k) The scope of an energy savings performance contract may
not be modified under this section. For the purposes of this
subsection, a modification includes a change order or contract
addendum that adds to the scope of work for projects not awarded
under the original contract.
SECTION 2. Section 51.927, Education Code, is amended by
amending Subsection (g-1) and adding Subsection (m) to read as
follows:
(g-1) Notwithstanding other law, the board may use any
available money to pay the provider of the energy or water
conservation measures under this section, and the board is not
required to pay for such costs solely out of the savings realized by
the institution of higher education under an energy savings
performance contract. [The board may contract with the provider to
perform work that is related to, connected with, or otherwise
ancillary to the measures identified in the scope of an energy
savings performance contract.]
(m) The scope of an energy savings performance contract may
not be modified under this section. For the purposes of this
subsection, a modification includes a change order or contract
addendum that adds to the scope of work for projects not awarded
under the original contract.
SECTION 3. Section 2166.406, Government Code, is amended by
amending Subsection (f-1) and adding Subsection (m) to read as
follows:
(f-1) Notwithstanding other law, the state agency may use
any available money to pay the provider of the energy or water
conservation measures under this section, and the state agency is
not required to pay for such costs solely out of the savings
realized by the state agency under an energy savings performance
contract. [The state agency may contract with the provider to
perform work that is related to, connected with, or otherwise
ancillary to the measures identified in the scope of an energy
savings performance contract.]
(m) The scope of an energy savings performance contract may
not be modified under this section. For the purposes of this
subsection, a modification includes a change order or contract
addendum that adds to the scope of work for projects not awarded
under the original contract.
SECTION 4. Section 302.001(4), Local Government Code, is
amended to read as follows:
(4) "Energy savings performance contract" means a
contract with 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 does not include the
design or construction of a highway, road, street, bridge,
underground utility, water supply project, water plant, wastewater
plant, water and wastewater distribution or conveyance facility,
wharf, dock, airport runway or taxiway, drainage project, or other
similar or related civil engineering construction project. 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;
(O) alternative fuel programs resulting in
energy cost savings and reduced emissions for local government
vehicles, including fleet vehicles; or
(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].
SECTION 5. Section 302.004(a-1), Local Government Code, is
amended to read as follows:
(a-1) Notwithstanding other law, the governing body of a
local government may use any available money to pay the provider of
the energy or water conservation measures under this section, and
the governing body is not required to pay for such costs solely out
of the savings realized by the local government under an energy
savings performance contract. [The governing body may contract
with the provider to perform work that is related to, connected
with, or otherwise ancillary to the measures identified in the
scope of an energy savings performance contract.]
SECTION 6. Section 302.005, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) The scope of an energy savings performance contract may
not be modified under this section. For the purposes of this
subsection, a modification includes a change order or contract
addendum that adds to the scope of work for projects not awarded
under the original contract.
SECTION 7. The following sections are repealed:
(1) Section 44.901(j), Education Code;
(2) Section 51.927(k), Education Code;
(3) Section 2166.406(k), Government Code; and
(4) Section 302.007, Local Government Code.
SECTION 8. The changes in law made by this Act do not apply
to an energy savings performance contract entered into before the
effective date of this Act, and the former law governing the
contract is continued in effect for that purpose.
SECTION 9. 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, 2021.