Texas 2021 - 87th Regular

Texas Senate Bill SB1554 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8820 MP-F
2	2	By: Hinojosa S.B. No. 1554
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to energy savings performance contracts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 44.901, Education Code, is amended by
10	10	amending Subsection (f-1) and adding Subsection (k) to read as
11	11	follows:
12	12	(f-1) Notwithstanding other law, the board may use any
13	13	available money to pay the provider of the energy or water
14	14	conservation measures under this section, and the board is not
15	15	required to pay for such costs solely out of the savings realized by
16	16	the school district under an energy savings performance contract.
17	17	[The board may contract with the provider to perform work that is
18	18	related to, connected with, or otherwise ancillary to the measures
19	19	identified in the scope of an energy savings performance contract.]
20	20	(k) The scope of an energy savings performance contract may
21	21	not be modified under this section. For the purposes of this
22	22	subsection, a modification includes a change order or contract
23	23	addendum that adds to the scope of work for projects not awarded
24	24	under the original contract.
25	25	SECTION 2. Section 51.927, Education Code, is amended by
26	26	amending Subsection (g-1) and adding Subsection (m) to read as
27	27	follows:
28	28	(g-1) Notwithstanding other law, the board may use any
29	29	available money to pay the provider of the energy or water
30	30	conservation measures under this section, and the board is not
31	31	required to pay for such costs solely out of the savings realized by
32	32	the institution of higher education under an energy savings
33	33	performance contract. [The board may contract with the provider to
34	34	perform work that is related to, connected with, or otherwise
35	35	ancillary to the measures identified in the scope of an energy
36	36	savings performance contract.]
37	37	(m) The scope of an energy savings performance contract may
38	38	not be modified under this section. For the purposes of this
39	39	subsection, a modification includes a change order or contract
40	40	addendum that adds to the scope of work for projects not awarded
41	41	under the original contract.
42	42	SECTION 3. Section 2166.406, Government Code, is amended by
43	43	amending Subsection (f-1) and adding Subsection (m) to read as
44	44	follows:
45	45	(f-1) Notwithstanding other law, the state agency may use
46	46	any available money to pay the provider of the energy or water
47	47	conservation measures under this section, and the state agency is
48	48	not required to pay for such costs solely out of the savings
49	49	realized by the state agency under an energy savings performance
50	50	contract. [The state agency may contract with the provider to
51	51	perform work that is related to, connected with, or otherwise
52	52	ancillary to the measures identified in the scope of an energy
53	53	savings performance contract.]
54	54	(m) The scope of an energy savings performance contract may
55	55	not be modified under this section. For the purposes of this
56	56	subsection, a modification includes a change order or contract
57	57	addendum that adds to the scope of work for projects not awarded
58	58	under the original contract.
59	59	SECTION 4. Section 302.001(4), Local Government Code, is
60	60	amended to read as follows:
61	61	(4) "Energy savings performance contract" means a
62	62	contract with a provider for energy or water conservation or usage
63	63	measures in which the estimated energy savings, utility cost
64	64	savings, increase in billable revenues, or increase in meter
65	65	accuracy resulting from the measures is subject to guarantee to
66	66	offset the cost of the energy or water conservation or usage
67	67	measures over a specified period. The term does not include the
68	68	design or construction of a highway, road, street, bridge,
69	69	underground utility, water supply project, water plant, wastewater
70	70	plant, water and wastewater distribution or conveyance facility,
71	71	wharf, dock, airport runway or taxiway, drainage project, or other
72	72	similar or related civil engineering construction project. The term
73	73	includes a contract related to the pilot program described by
74	74	Subdivision (9-a) and a contract for the installation or
75	75	implementation of the following in new or existing facilities,
76	76	including all causally connected work:
77	77	(A) insulation of a building structure and
78	78	systems within the building;
79	79	(B) storm windows or doors, caulking or weather
80	80	stripping, multiglazed windows or doors, heat-absorbing or
81	81	heat-reflective glazed and coated window or door systems, or other
82	82	window or door system modifications that reduce energy consumption;
83	83	(C) automatic energy control systems, including
84	84	computer software and technical data licenses;
85	85	(D) heating, ventilating, or air-conditioning
86	86	system modifications or replacements that reduce energy or water
87	87	consumption;
88	88	(E) lighting fixtures that increase energy
89	89	efficiency;
90	90	(F) energy recovery systems;
91	91	(G) electric systems improvements;
92	92	(H) water-conserving fixtures, appliances, and
93	93	equipment or the substitution of non-water-using fixtures,
94	94	appliances, and equipment;
95	95	(I) water-conserving landscape irrigation
96	96	equipment;
97	97	(J) landscaping measures that reduce watering
98	98	demands and capture and hold applied water and rainfall, including:
99	99	(i) landscape contouring, including the use
100	100	of berms, swales, and terraces; and
101	101	(ii) the use of soil amendments that
102	102	increase the water-holding capacity of the soil, including compost;
103	103	(K) rainwater harvesting equipment and equipment
104	104	to make use of water collected as part of a storm-water system
105	105	installed for water quality control;
106	106	(L) equipment for recycling or reuse of water
107	107	originating on the premises or from other sources, including
108	108	treated municipal effluent;
109	109	(M) equipment needed to capture water from
110	110	nonconventional, alternate sources, including air-conditioning
111	111	condensate or graywater, for nonpotable uses;
112	112	(N) metering or related equipment or systems that
113	113	improve the accuracy of billable-revenue-generation systems;
114	114	(O) alternative fuel programs resulting in
115	115	energy cost savings and reduced emissions for local government
116	116	vehicles, including fleet vehicles; or
117	117	(P) programs resulting in utility cost savings[;
118	118	or
119	119	[(Q) other energy or water conservation-related
120	120	improvements or equipment, including improvements or equipment
121	121	relating to renewable energy or nonconventional water sources or
122	122	water reuse].
123	123	SECTION 5. Section 302.004(a-1), Local Government Code, is
124	124	amended to read as follows:
125	125	(a-1) Notwithstanding other law, the governing body of a
126	126	local government may use any available money to pay the provider of
127	127	the energy or water conservation measures under this section, and
128	128	the governing body is not required to pay for such costs solely out
129	129	of the savings realized by the local government under an energy
130	130	savings performance contract. [The governing body may contract
131	131	with the provider to perform work that is related to, connected
132	132	with, or otherwise ancillary to the measures identified in the
133	133	scope of an energy savings performance contract.]
134	134	SECTION 6. Section 302.005, Local Government Code, is
135	135	amended by adding Subsection (d) to read as follows:
136	136	(d) The scope of an energy savings performance contract may
137	137	not be modified under this section. For the purposes of this
138	138	subsection, a modification includes a change order or contract
139	139	addendum that adds to the scope of work for projects not awarded
140	140	under the original contract.
141	141	SECTION 7. The following sections are repealed:
142	142	(1) Section 44.901(j), Education Code;
143	143	(2) Section 51.927(k), Education Code;
144	144	(3) Section 2166.406(k), Government Code; and
145	145	(4) Section 302.007, Local Government Code.
146	146	SECTION 8. The changes in law made by this Act do not apply
147	147	to an energy savings performance contract entered into before the
148	148	effective date of this Act, and the former law governing the
149	149	contract is continued in effect for that purpose.
150	150	SECTION 9. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect September 1, 2021.