By Brown S.B. No. 1494
77R5926 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to water conservation measures by state agencies and local
1-3 governments.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Section 44.901, Education Code, is
1-6 amended to read as follows:
1-7 Sec. 44.901. ENERGY OR WATER CONSERVATION MEASURES.
1-8 SECTION 2. Sections 44.901(a)-(g), Education Code, are
1-9 amended to read as follows:
1-10 (a) The board of trustees of a school district may enter
1-11 into a contract for energy or water conservation measures to reduce
1-12 energy or water consumption or operating costs of school facilities
1-13 in accordance with this section.
1-14 (b) A contract to which this section applies includes a
1-15 contract for the installation of:
1-16 (1) insulation of the building structures and systems
1-17 within the building;
1-18 (2) storm windows or doors, caulking or
1-19 weatherstripping, multiglazed windows or doors, heat absorbing or
1-20 heat reflective glazed and coated window or door systems, or other
1-21 window or door system modifications that reduce energy consumption;
1-22 (3) automatic energy control systems, including
1-23 computer software and technical data licenses;
1-24 (4) heating, ventilating, or air-conditioning system
2-1 modifications or replacements that reduce energy or water
2-2 consumption;
2-3 (5) lighting fixtures that increase energy efficiency;
2-4 (6) energy recovery systems;
2-5 (7) electric systems improvements; [or]
2-6 (8) water-conserving fixtures, appliances, and
2-7 equipment or the substitution of non-water-using fixtures,
2-8 appliances, and equipment;
2-9 (9) water-conserving landscape irrigation equipment;
2-10 (10) landscaping measures that reduce watering demands
2-11 and capture and hold applied water and rainfall, including:
2-12 (A) landscape contouring, including the use of
2-13 berms, swales, and terraces; and
2-14 (B) the use of soil amendments that increase the
2-15 water-holding capacity of the soil, including compost;
2-16 (11) rainwater harvesting equipment and equipment to
2-17 make use of water collected as part of a storm-water system
2-18 installed for water quality control;
2-19 (12) equipment for recycling or reuse of water
2-20 originating on the premises or from other sources, including
2-21 treated municipal effluent;
2-22 (13) equipment needed to capture water from
2-23 nonconventional, alternate sources, including air conditioning
2-24 condensate or graywater, for nonpotable uses;
2-25 (14) metering equipment needed to segregate water use
2-26 in order to identify water conservation opportunities or verify
2-27 water savings; or
3-1 (15) other energy or water conservation-related
3-2 improvements or equipment (including improvements or equipment
3-3 relating to renewable energy or nonconventional water sources or
3-4 water reuse).
3-5 (c) All energy or water conservation measures must comply
3-6 with current local, state, and federal construction, plumbing, and
3-7 environmental codes and regulations. Notwithstanding anything to
3-8 the contrary in Subsection (b), a contract for energy or water
3-9 conservation measures shall not include improvements or equipment
3-10 that allow or cause water from any condensing, cooling, or
3-11 industrial process or any system of nonpotable usage over which the
3-12 public water supply system officials do not have sanitary control,
3-13 to be returned to the potable water supply.
3-14 (d) The person with whom the board contracts must be
3-15 experienced in the design, implementation, and installation of the
3-16 energy or water conservation measures addressed by the contract.
3-17 (e) Before entering into a contract for energy or water
3-18 conservation measures, the board shall require the provider of the
3-19 energy or water conservation measures to file with the board a
3-20 payment and performance bond relating to the installation of energy
3-21 or water conservation measures that is in an amount the board finds
3-22 reasonable and necessary to protect the interests of the school
3-23 district and that may also cover the value of the guaranteed
3-24 savings on the contract and is conditioned on the faithful
3-25 execution of the terms of the contract.
3-26 (f) Energy or water conservation measures with respect to
3-27 existing buildings or facilities may be financed:
4-1 (1) under a lease/purchase contract that has a term
4-2 not to exceed 15 years from the final date of installation and that
4-3 meets federal tax requirements for tax-free municipal leasing or
4-4 long-term financing;
4-5 (2) with the proceeds of bonds; or
4-6 (3) under a contract with the provider of the energy
4-7 or water conservation measures that has a term not to exceed 15
4-8 years from the final date of installation.
4-9 (g) A contract for energy or water conservation measures
4-10 shall contain provisions pursuant to which the provider of the
4-11 energy or water conservation measures guarantees the amount of the
4-12 savings to be realized by the school district under the contract.
4-13 If the term of a contract for energy or water conservation measures
4-14 exceeds one year, the school district's contractual obligations in
4-15 any one year during the term of the contract beginning after the
4-16 final date of installation may not exceed the total energy, water,
4-17 wastewater, and operating cost savings, including but not limited
4-18 to electrical, gas, water, wastewater, or other utility cost
4-19 savings and operating cost savings resulting from automatic
4-20 monitoring and control as determined by the school district in this
4-21 subsection, divided by the number of years in the contract term.
4-22 SECTION 3. The heading to Section 51.927, Education Code, is
4-23 amended to read as follows:
4-24 Sec. 51.927. ENERGY OR WATER CONSERVATION MEASURES.
4-25 SECTION 4. Sections 51.927(a)-(h) and (l), Education Code,
4-26 are amended to read as follows:
4-27 (a) The governing board of an institution of higher
5-1 education may enter into a contract for energy or water
5-2 conservation measures to reduce energy or water consumption or
5-3 operating costs of institutional facilities in accordance with this
5-4 section.
5-5 (b) A contract to which this section applies includes a
5-6 contract for the installation of:
5-7 (1) insulation of a building structure and systems
5-8 within a building;
5-9 (2) storm windows or [of] doors, caulking or weather
5-10 stripping, multiglazed windows or doors, heat-absorbing or
5-11 heat-reflective glazed and coated window or door systems, or other
5-12 window or door system modifications that reduce energy consumption;
5-13 (3) automatic energy control systems, including
5-14 computer software and technical data licenses;
5-15 (4) heating, ventilating, or air conditioning system
5-16 modifications or replacements that reduce energy or water
5-17 consumption;
5-18 (5) lighting fixtures that increase energy efficiency;
5-19 (6) energy recovery systems;
5-20 (7) electric systems improvements; [or]
5-21 (8) water-conserving fixtures, appliances, and
5-22 equipment or the substitution of non-water-using fixtures,
5-23 appliances, and equipment;
5-24 (9) water-conserving landscape irrigation equipment;
5-25 (10) landscaping measures that reduce watering demands
5-26 and capture and hold applied water and rainfall, including:
5-27 (A) landscape contouring, including the use of
6-1 berms, swales, and terraces; and
6-2 (B) the use of soil amendments that increase the
6-3 water-holding capacity of the soil, including compost;
6-4 (11) rainwater harvesting equipment and equipment to
6-5 make use of water collected as part of a storm-water system
6-6 installed for water quality control;
6-7 (12) equipment for recycling or reuse of water
6-8 originating on the premises or from other sources, including
6-9 treated municipal effluent;
6-10 (13) equipment needed to capture water from
6-11 nonconventional, alternate sources, including air conditioning
6-12 condensate or graywater, for nonpotable uses;
6-13 (14) metering equipment needed to segregate water use
6-14 in order to identify water conservation opportunities or verify
6-15 water savings; or
6-16 (15) other energy or water conservation-related
6-17 improvements or equipment (including improvements or equipment
6-18 related to renewable energy or nonconventional water sources or
6-19 water reuse).
6-20 (c) All energy or water conservation measures must comply
6-21 with current local, state, and federal construction, plumbing, and
6-22 environmental codes and regulations. Notwithstanding anything to
6-23 the contrary in Subsection (b), a contract for energy or water
6-24 conservation measures shall not include improvements or equipment
6-25 that allow or cause water from any condensing, cooling, or
6-26 industrial process or any system of nonpotable usage over which the
6-27 public water supply system officials do not have sanitary control,
7-1 to be returned to the potable water supply.
7-2 (d) The entity with whom the board contracts must be
7-3 experienced in the design, implementation, and installation of the
7-4 energy or water conservation measures addressed by the contract.
7-5 (e) Before entering into a contract for energy or water
7-6 conservation measures, the board shall require the provider of the
7-7 energy or water conservation measures to file with the board a
7-8 payment and performance bond that is in an amount the board finds
7-9 reasonable and necessary to protect the interests of the
7-10 institution and is conditioned on the faithful execution of the
7-11 terms of the contract.
7-12 (f) The board may enter into a contract for a period of more
7-13 than one year for energy or water conservation measures with an
7-14 entity if the board finds that the amount the institution would
7-15 spend on the energy or water conservation measures will not exceed
7-16 the amount to be saved in energy, water, wastewater, and operating
7-17 costs over 15 years from the date of installation. If the term of
7-18 a contract for energy or water conservation measures exceeds one
7-19 year, the board's contractual obligation in any year during the
7-20 term of the contract beginning after the final date of installation
7-21 may not exceed the total energy, water, wastewater, and operating
7-22 cost savings, including but not limited to electrical, gas, water,
7-23 wastewater, or other utility cost savings and operating cost
7-24 savings resulting from automatic monitoring and control, as
7-25 determined by the board in this subsection, divided by the number
7-26 of years in the contract term beginning after the final date of
7-27 installation. The board shall consider all costs of the energy or
8-1 water conservation measures, including costs of design,
8-2 engineering, installation, maintenance, repairs, and debt service.
8-3 (g) Energy or water conservation measures may be financed:
8-4 (1) under a lease/purchase contract that has a term
8-5 not to exceed 15 years from the final date of installation and that
8-6 meets federal tax requirements for tax-free municipal leasing or
8-7 long-term financing;
8-8 (2) with the proceeds of bonds; or
8-9 (3) under a contract with the provider of the energy
8-10 or water conservation measures that has a term not to exceed 15
8-11 years from the final date of installation.
8-12 (h) A contract for energy or water conservation measures
8-13 shall contain provisions pursuant to which the provider of the
8-14 energy or water conservation measures guarantees the amount of the
8-15 savings to be realized by the institution of higher education under
8-16 the contract. The Master Equipment Lease Purchase Program operated
8-17 by the Texas Public Finance Authority may be utilized by an
8-18 institution to fund a contract for energy or water conservation
8-19 measures so long as the costs of the energy or water conservation
8-20 measures, including costs of design, engineering, installation,
8-21 maintenance, repairs, and anticipated debt service requirements of
8-22 the Master Equipment Lease Purchase Program, do not exceed the
8-23 total energy and operating cost savings, as described in Subsection
8-24 (f), beginning after the final date of installation.
8-25 (l) The legislature shall base an institution's
8-26 appropriation for energy, water, and wastewater costs during a
8-27 fiscal year on the sum of:
9-1 (1) the institution's estimated energy, water, and
9-2 wastewater costs for that fiscal year; and
9-3 (2) if a contract under this section is in effect, the
9-4 institution's estimated net savings resulting from the contract
9-5 during the contract term, divided by the number of years in the
9-6 contract term.
9-7 SECTION 5. The heading to Chapter 302, Local Government Code,
9-8 is amended to read as follows:
9-9 CHAPTER 302. ENERGY OR WATER CONSERVATION MEASURES
9-10 FOR LOCAL GOVERNMENTS
9-11 SECTION 6. Sections 302.001-302.004, Local Government Code,
9-12 are amended to read as follows:
9-13 Sec. 302.001. DEFINITION. In this chapter, "local
9-14 government" means a county, municipality, or other political
9-15 subdivision of this state. The term local government does not
9-16 include a school district authorized to enter into a contract for
9-17 energy or water conservation measures under Section 44.901,
9-18 Education Code.
9-19 Sec. 302.002. ENERGY OR WATER CONSERVATION MEASURES. (a)
9-20 The governing body of a local government may enter into a contract
9-21 for energy or water conservation measures to reduce energy or water
9-22 consumption or operating costs of governmental facilities in
9-23 accordance with this chapter.
9-24 (b) A contract authorized under this chapter includes a
9-25 contract for the installation of:
9-26 (1) insulation of the building structure and systems
9-27 within the building;
10-1 (2) storm windows or doors, caulking or weather
10-2 stripping, multiglazed windows or doors, heat-absorbing or
10-3 heat-reflective glazed and coated window or door systems, or other
10-4 window or door system modifications that reduce energy consumption;
10-5 (3) automatic energy control systems, including
10-6 computer software and technical data licenses;
10-7 (4) heating, ventilating, or air conditioning system
10-8 modifications or replacements that reduce energy or water
10-9 consumption;
10-10 (5) lighting fixtures that increase energy efficiency;
10-11 (6) energy recovery systems;
10-12 (7) electric systems improvements; [or]
10-13 (8) water-conserving fixtures, appliances, and
10-14 equipment or the substitution of non-water-using fixtures,
10-15 appliances, and equipment;
10-16 (9) water-conserving landscape irrigation equipment;
10-17 (10) landscaping measures that reduce watering demands
10-18 and capture and hold applied water and rainfall, including:
10-19 (A) landscape contouring, including the use of
10-20 berms, swales, and terraces; and
10-21 (B) the use of soil amendments that increase the
10-22 water-holding capacity of the soil, including compost;
10-23 (11) rainwater harvesting equipment and equipment to
10-24 make use of water collected as part of a storm-water system
10-25 installed for water quality control;
10-26 (12) equipment for recycling or reuse of water
10-27 originating on the premises or from other sources, including
11-1 treated municipal effluent;
11-2 (13) equipment needed to capture water from
11-3 nonconventional, alternate sources, including air conditioning
11-4 condensate or graywater, for nonpotable uses;
11-5 (14) metering equipment needed to segregate water use
11-6 in order to identify water conservation opportunities or verify
11-7 water savings; or
11-8 (15) other energy or water conservation-related
11-9 [energy-conservation-related] improvements or equipment (including
11-10 improvements or equipment related to renewable energy or
11-11 nonconventional water sources or water reuse).
11-12 (c) All energy or water conservation measures must comply
11-13 with current local, state, and federal construction, plumbing, and
11-14 environmental codes and regulations. Notwithstanding anything to
11-15 the contrary in Subsection (b), a contract for energy or water
11-16 conservation measures shall not include improvements or equipment
11-17 that allow or cause water from any condensing, cooling, or
11-18 industrial process or any system of nonpotable usage over which
11-19 public water supply system officials do not have sanitary control
11-20 to be returned to the potable water supply.
11-21 Sec. 302.003. PAYMENT AND PERFORMANCE BOND. Notwithstanding
11-22 any other law to the contrary, before entering into a contract for
11-23 energy or water conservation measures, the governing body of the
11-24 local government may, at its option:
11-25 (1) require the provider of the energy or water
11-26 conservation measures to file with the governing body a payment and
11-27 performance bond relating to the installation of energy or water
12-1 conservation measures that is in an amount the governing body finds
12-2 reasonable and necessary to protect the interests of the local
12-3 government and that may also cover the value of the guaranteed
12-4 savings on the contract and is conditioned on the faithful
12-5 execution of the terms of the contract; or
12-6 (2) choose not to require a payment and performance
12-7 bond in connection with the contract.
12-8 Sec. 302.004. METHOD OF FINANCING; TERMS OF CONTRACT. (a)
12-9 Energy or water conservation measures with respect to existing
12-10 buildings or facilities may be financed:
12-11 (1) under a lease-purchase contract that has a term
12-12 not to exceed 15 years from the final date of installation and that
12-13 meets federal tax requirements for tax-free municipal leasing or
12-14 long-term financing;
12-15 (2) with the proceeds of bonds; or
12-16 (3) under a contract with the provider of the energy
12-17 or water conservation measures that has a term not to exceed 15
12-18 years from the final date of installation.
12-19 (b) The contract shall contain provisions pursuant to which
12-20 the provider of the energy or water conservation measures
12-21 guarantees the amount of the savings to be realized by the local
12-22 government under the contract. If the term of a contract for
12-23 energy or water conservation measures exceeds one year, the local
12-24 government's contractual obligations in any one year during the
12-25 term of the contract beginning after the final date of installation
12-26 may not exceed the total energy, water, wastewater, and operating
12-27 cost savings, including but not limited to electrical, gas, water,
13-1 wastewater, or other utility cost savings and operating cost
13-2 savings resulting from automatic monitoring and control as
13-3 determined by the local government in this subsection, divided by
13-4 the number of years in the contract term.
13-5 SECTION 7. Section 2166.402, Government Code, is amended to
13-6 read as follows:
13-7 Sec. 2166.402. ENERGY OR WATER CONSERVATION STANDARDS FOR
13-8 ENTITIES OTHERWISE EXCLUDED FROM CHAPTER. (a) The governing body
13-9 of a state agency, commission, or institution that is exempt from
13-10 this chapter under Section 2166.003 shall adopt and publish energy
13-11 or water conservation design standards as provided by Section
13-12 447.004 for a new building under the entity's authority. The
13-13 standards must be:
13-14 (1) consistent with those adopted by the commission
13-15 for other state buildings; and
13-16 (2) prepared in cooperation and consultation with the
13-17 state energy conservation [management center of the governor's]
13-18 office.
13-19 (b) The state energy conservation [management center of the
13-20 governor's] office shall assist a governing body of a state agency,
13-21 commission, or institution subject to Subsection (a) in preparing
13-22 energy conservation standards by providing technical assistance and
13-23 advice.
13-24 (c) The Texas Water Development Board shall assist the
13-25 governing body of a state agency, commission, or institution
13-26 described by Subsection (a) in preparing water conservation
13-27 standards by providing technical assistance and advice.
14-1 SECTION 8. The heading to Section 2166.406, Government Code,
14-2 is amended to read as follows:
14-3 Sec. 2166.406. ENERGY OR WATER CONSERVATION MEASURES.
14-4 SECTION 9. Sections 2166.406(a)-(h), (l), and (m), Government
14-5 Code, are amended to read as follows:
14-6 (a) Notwithstanding any other provisions of this chapter,
14-7 the governing body of a state agency, without the consent of the
14-8 commission, may enter into a contract for energy conservation
14-9 measures to reduce energy or water consumption or operating costs
14-10 of governmental facilities in accordance with this section.
14-11 (b) A contract authorized under this section includes a
14-12 contract for the installation of:
14-13 (1) insulation of the building structure and systems
14-14 within the building;
14-15 (2) storm windows or doors, caulking or weather
14-16 stripping, multiglazed windows or doors, heat absorbing or heat
14-17 reflective glazed and coated window or door systems, or other
14-18 window or door system modifications that reduce energy consumption;
14-19 (3) automatic energy control systems, including
14-20 computer software and technical data licenses;
14-21 (4) heating, ventilating, or air-conditioning system
14-22 modifications or replacements that reduce energy or water
14-23 consumption;
14-24 (5) lighting fixtures that increase energy efficiency;
14-25 (6) energy recovery systems;
14-26 (7) electric systems improvements; [or]
14-27 (8) water-conserving fixtures, appliances, and
15-1 equipment or the substitution of non-water-using fixtures,
15-2 appliances, and equipment;
15-3 (9) water-conserving landscape irrigation equipment;
15-4 (10) landscaping measures that reduce watering demands
15-5 and capture and hold applied water and rainfall, including:
15-6 (A) landscape contouring, including the use of
15-7 berms, swales, and terraces; and
15-8 (B) the use of soil amendments that increase the
15-9 water-holding capacity of the soil, including compost;
15-10 (11) rainwater harvesting equipment and equipment to
15-11 make use of water collected as part of a storm-water system
15-12 installed for water quality control;
15-13 (12) equipment for recycling or reuse of water
15-14 originating on the premises or from other sources, including
15-15 treated municipal effluent;
15-16 (13) equipment needed to capture water from
15-17 nonconventional, alternate sources, including air conditioning
15-18 condensate or graywater, for nonpotable uses;
15-19 (14) metering equipment needed to segregate water use
15-20 in order to identify water conservation opportunities or verify
15-21 water savings; or
15-22 (15) other energy or water conservation-related
15-23 improvements or equipment (including improvements or equipment
15-24 related to renewable energy or nonconventional water sources or
15-25 water reuse).
15-26 (c) All energy or water conservation measures must comply
15-27 with current local, state, and federal construction, plumbing, and
16-1 environmental codes and regulations. Notwithstanding anything to
16-2 the contrary in Subsection (b), a contract for energy or water
16-3 conservation measures shall not include improvements or equipment
16-4 that allow or cause water from any condensing, cooling, or
16-5 industrial process or any system of nonpotable usage over which the
16-6 public water supply system officials do not have sanitary control
16-7 to be returned to the potable water supply.
16-8 (d) The entity with whom the board contracts must be
16-9 experienced in the design, implementation, and installation of the
16-10 energy or water conservation measures addressed by the contract.
16-11 (e) Before entering into a contract for energy or water
16-12 conservation measures, the governing body of the state agency shall
16-13 require the provider of the energy or water conservation measures
16-14 to file with the governing body a payment and performance bond that
16-15 is in an amount the governing body finds reasonable and necessary
16-16 to protect the interests of the state agency and that is
16-17 conditioned on the faithful execution of the terms of the contract.
16-18 (f) The state agency may enter into a contract for a period
16-19 of more than one year for energy or water conservation measures
16-20 with an entity if the state agency finds that the amount the state
16-21 agency would spend on the energy or water conservation measures
16-22 will not exceed the amount to be saved in energy, water,
16-23 wastewater, and operating costs over 15 years from the date of
16-24 installation.
16-25 (g) Energy or water conservation measures with respect to
16-26 existing buildings or facilities may be financed:
16-27 (1) under a lease/purchase contract that has a term
17-1 not to exceed 15 years from the final date of installation and that
17-2 meets federal tax requirements for tax-free municipal leasing or
17-3 long-term financing;
17-4 (2) with the proceeds of bonds; or
17-5 (3) under a contract with the provider of the energy
17-6 or water conservation measures that has a term not to exceed 15
17-7 years from the final date of installation.
17-8 (h) A contract for energy or water conservation measures
17-9 shall contain provisions pursuant to which the provider of the
17-10 energy or water conservation measures guarantees the amount of the
17-11 savings to be realized by the state agency under the contract. If
17-12 the term of a contract for energy or water conservation measures
17-13 exceeds one year, the agency's contractual obligation in any year
17-14 during the term of the contract beginning after the final date of
17-15 installation may not exceed the total energy, water, wastewater,
17-16 and operating cost savings, including but not limited to
17-17 electrical, gas, water, wastewater, or other utility cost savings
17-18 and operating cost savings resulting from automatic monitoring and
17-19 control, as determined by the state agency in this subsection,
17-20 divided by the number of years in the contract term.
17-21 (l) To obtain the best final offers, the state agency may
17-22 allow proposal revisions after submissions and before the award of
17-23 a [the] contract for energy or water conservation measures. Final
17-24 review and approval of the contract will be provided by the State
17-25 Energy Conservation Office.
17-26 (m) The legislature shall base an agency's appropriation for
17-27 energy, water, and wastewater costs during a fiscal year on the sum
18-1 of:
18-2 (1) the agency's estimated energy, water, and
18-3 wastewater costs for that fiscal year; and
18-4 (2) if a contract under this section is in effect, the
18-5 agency's estimated net savings resulting from the contract during
18-6 the contract term, divided by the number of years in the contract
18-7 term.
18-8 SECTION 10. Chapter 447, Government Code, is amended to read
18-9 as follows:
18-10 CHAPTER 447. STATE ENERGY CONSERVATION OFFICE [MANAGEMENT
18-11 CENTER]
18-12 Sec. 447.001. ESTABLISHMENT OF OFFICE [CENTER]. The state
18-13 energy conservation office [management center] is established in
18-14 the General Services Commission and shall be authorized to promote
18-15 those policies of the state enumerated in this chapter.
18-16 Sec. 447.002. INFORMATION; RULES; PROGRAMS. The state
18-17 energy conservation office [management center] shall develop and
18-18 provide energy and water conservation information for the state.
18-19 The office [center] may make rules relating to the adoption and
18-20 implementation of energy and water conservation programs applicable
18-21 to state buildings and facilities. The office [center] may act in
18-22 such other capacities as otherwise authorized by state or federal
18-23 law. The office's [center's] rules for programs and energy and
18-24 water conservation, adopted under Chapter 2001, may include
18-25 provisions relating to the retrofitting of existing state
18-26 structures with energy-saving and water-saving devices and to the
18-27 energy-related and water-related renovation of such structures. To
19-1 the extent that the office of the governor receives money
19-2 appropriated for energy and water efficiency programs, the office
19-3 of the governor, through the state energy conservation office
19-4 [management center], shall implement programs that the state energy
19-5 conservation office [center] identifies as encouraging energy and
19-6 water conservation by state government. Unless money is available
19-7 for the implementation of such a program, a state agency is not
19-8 required to spend money for an energy or water conservation program
19-9 under this section. The state energy conservation office shall
19-10 coordinate all water conservation-related activities with the Texas
19-11 Water Development Board. The Texas Water Development Board shall
19-12 evaluate and help develop all proposed water conservation and reuse
19-13 requirements and provide training and expertise to the staff of the
19-14 state energy conservation office regarding water conservation
19-15 issues.
19-16 Sec. 447.003. LIAISON TO FEDERAL GOVERNMENT. The state
19-17 energy conservation office [management center] shall serve as the
19-18 state liaison to the federal government for the implementation and
19-19 administration of federal programs relating to state agency energy
19-20 and water matters. In that capacity, the office [center] shall
19-21 administer state programs established under:
19-22 (1) Part D, Title III, Energy Policy and Conservation
19-23 Act (42 U.S.C. 6321 et seq.);
19-24 (2) Part G, Title III, Energy Policy and Conservation
19-25 Act (42 U.S.C. 6371 et seq.); and
19-26 (3) [the National Energy Extension Service Act (42
19-27 U.S.C. 7001 et seq.); and]
20-1 [(4)] other federal energy and water conservation
20-2 programs as may be assigned to the state energy conservation office
20-3 [management center] by the governor or legislature.
20-4 Sec. 447.004. DESIGN STANDARDS. (a) The state energy
20-5 conservation office [management center] shall adopt and publish
20-6 energy and water conservation design standards, under Chapter 2001,
20-7 that all new state buildings and major renovation projects,
20-8 including buildings and major renovation projects of
20-9 state-supported institutions of higher education, are required to
20-10 meet. The office [center] shall define what constitutes a major
20-11 renovation project under this section and shall review and update
20-12 the standards biennially.
20-13 (b) The standards must include performance and procedural
20-14 standards for the maximum energy and water conservation allowed by
20-15 the latest and most cost-effective technology that is consistent
20-16 with the requirements of public health, safety, and economic
20-17 resources.
20-18 (c) The standards must be adopted in terms of energy and
20-19 water consumption levels and must take into consideration the
20-20 various classes of building uses and must allow for design
20-21 flexibility. Procedural standards must be directed toward specific
20-22 design and building practices that produce good thermal resistance
20-23 and low infiltration and toward requiring practices in the design
20-24 of mechanical and electrical systems that maximize energy and water
20-25 efficiency. The procedural standards must concern, as applicable:
20-26 (1) insulation;
20-27 (2) lighting;
21-1 (3) ventilation;
21-2 (4) climate control;
21-3 (5) water-conserving fixtures, appliances, and
21-4 equipment or the substitution of non-water-using fixtures,
21-5 appliances, and equipment;
21-6 (6) water-conserving landscape irrigation equipment;
21-7 (7) landscaping measures that reduce watering demands
21-8 and capture and hold applied water and rainfall, including:
21-9 (A) landscape contouring, including the use of
21-10 berms, swales, and terraces; and
21-11 (B) the use of soil amendments that increase the
21-12 water-holding capacity of the soil, including compost;
21-13 (8) rainwater harvesting equipment and equipment to
21-14 make use of water collected as part of a storm-water system
21-15 installed for water quality control;
21-16 (9) equipment for recycling or reuse of water
21-17 originating on the premises or from other sources, including
21-18 treated municipal effluent;
21-19 (10) equipment needed to capture water from
21-20 nonconventional, alternate sources, including air conditioning
21-21 condensate or graywater, for nonpotable uses;
21-22 (11) metering equipment needed to segregate water use
21-23 in order to identify water conservation opportunities or verify
21-24 water savings;
21-25 (12) special energy and water requirements of
21-26 health-related facilities of higher education and state agencies;
21-27 and
22-1 (13) [(6)] any other item that the center considers
22-2 appropriate that is adopted under Chapter 2001.
22-3 (d) In order to demonstrate compliance with the requirement
22-4 to adopt and update the conservation design standards, each agency
22-5 and institution of higher education shall submit a copy of its
22-6 design and construction manuals to the office [center] on request.
22-7 (e) Prior to construction, agencies and institutions of
22-8 higher education shall have the design architect or engineer on the
22-9 project certify to the agency or institution, with a copy to the
22-10 state energy conservation office [management center], that all new
22-11 building construction and major building renovation projects comply
22-12 with the energy and water conservation design standards required
22-13 under this section.
22-14 Sec. 447.005. ENERGY AND WATER EFFICIENCY PROJECTS. Subject
22-15 to applicable state and federal laws or guidelines, the state
22-16 energy conservation office [management center] may implement energy
22-17 and water efficiency projects at state agencies or may assist those
22-18 agencies in implementing the projects through energy and water
22-19 efficiency programs financed through state or federal grants or
22-20 loans.
22-21 Sec. 447.006. OBTAINING DATA. The state energy conservation
22-22 office [management center] shall obtain semiannually from each
22-23 state agency information relating to the cost of heating and
22-24 cooling buildings owned by the state.
22-25 Sec. 447.007. MODEL CODES. The state energy conservation
22-26 office [management center] may recommend model energy and water
22-27 conservation building codes to municipalities for use in enacting
23-1 or amending municipal ordinances.
23-2 Sec. 447.008. ADDITIONAL ENERGY AND WATER SERVICES. (a) The
23-3 state energy conservation office [management center] may provide
23-4 additional energy and water services, including:
23-5 (1) training of designated state employees in energy
23-6 and water management, energy-accounting techniques,
23-7 water-accounting techniques, and energy-efficient and
23-8 water-efficient [energy efficient] design and construction;
23-9 (2) technical assistance regarding energy-efficient
23-10 and water-efficient [energy efficient] capital improvements,
23-11 energy-efficient and water-efficient [energy efficient] building
23-12 design, and cogeneration and thermal storage investments;
23-13 (3) technical assistance to the State Auditor and to
23-14 state agencies regarding conducting energy and water management
23-15 performance audits and monitoring of utility bills to detect
23-16 billing errors;
23-17 (4) technical assistance to state agencies regarding
23-18 third-party financing of energy-efficient and water-efficient
23-19 [energy efficient] capital improvement projects; and
23-20 (5) other energy-related and water-related assistance
23-21 requested by agencies, other legislatively created entities of the
23-22 state, institutions of higher education, and consortiums of
23-23 institutions of higher education that the office [center] considers
23-24 appropriate.
23-25 (b) Using available state, federal, or oil overcharge funds,
23-26 the state energy conservation office [management center] may assist
23-27 state agencies and institutions of higher education in analyzing
24-1 and negotiating rates for electricity and natural gas supplies from
24-2 locally certificated electric suppliers, natural gas suppliers, or
24-3 state-owned energy and water resources, including transportation
24-4 charges for natural gas. The provisions of this section shall not
24-5 be construed to empower the state energy conservation office
24-6 [management center] to negotiate rates for natural gas supplies on
24-7 behalf of state agencies or institutions but rather to provide
24-8 technical assistance as needed.
24-9 (c) Agencies and institutions of higher education may seek
24-10 the assistance of the state energy conservation office [management
24-11 center] before negotiating or contracting for the supply and
24-12 transportation of natural gas and electricity that will result in
24-13 an anticipated annual expenditure of more than $100,000.
24-14 (d) Any state agency or institution of higher education with
24-15 expertise in rate analysis, negotiation, or any other matter
24-16 related to the procurement of electricity and natural gas supplies
24-17 from locally certificated electric suppliers, natural gas
24-18 suppliers, or state-owned energy and water resources may assist the
24-19 state energy conservation office [management center] whenever
24-20 practicable. The attorney general on request shall assist the
24-21 state energy conservation office [management center] and other
24-22 state agencies and institutions of higher education in negotiating
24-23 rates for electricity and other terms of electric utility service.
24-24 (e) Using available funds from any source where permitted,
24-25 the state energy conservation office [management center] may assist
24-26 state agencies, legislatively created entities of the state,
24-27 institutions of higher education, and consortiums of institutions
25-1 of higher education to further the goals and pursue the policies of
25-2 the state in energy and water research as may be determined by the
25-3 governor or the legislature. The state energy conservation office
25-4 [management center] may assist state agencies, which are hereby
25-5 authorized to act in accordance with this section, in implementing
25-6 federal energy and water policy as expressed in Pub. L. No.
25-7 102-486, 106 Stat. 2776 (1992).
25-8 (f) The state energy conservation office [management center]
25-9 on request may negotiate rates for electricity and other terms of
25-10 electric utility service for a state agency or institution of
25-11 higher education. The state energy conservation office [management
25-12 center] may also negotiate the rates and the other terms of service
25-13 for a group of agencies and institutions together in a single
25-14 contract.
25-15 (g) The state energy conservation office [management center]
25-16 shall analyze the rates for electricity charged to and the amount
25-17 of electricity used by state agencies and institutions of higher
25-18 education to determine ways the state could obtain lower rates and
25-19 use less electricity. State agencies, including the Public Utility
25-20 Commission of Texas, and institutions of higher education shall
25-21 assist the state energy conservation office [management center] in
25-22 obtaining the information the office [center] requires to perform
25-23 its analysis.
25-24 (h) The state energy conservation office [management center]
25-25 and the attorney general shall cooperate in monitoring efforts to
25-26 deregulate the electric utility industry and in reporting on the
25-27 ways in which deregulation would affect state government as a
26-1 purchaser of electricity. The state energy conservation office
26-2 [management center], represented by the attorney general, may
26-3 intervene in proceedings before the Public Utility Commission of
26-4 Texas that are related to deregulating all or part of the electric
26-5 utility industry to represent the interests of state government as
26-6 a purchaser of electricity in those proceedings.
26-7 Sec. 447.009. ENERGY AND WATER AUDITS. (a) The state energy
26-8 conservation office [management center] shall conduct audits of
26-9 state-owned buildings used by state agencies. The audits shall be
26-10 designed to assist state agencies in reducing energy and water
26-11 consumption and costs through improved energy and water efficiency.
26-12 (b) Based on the audit performed under Subsection (a) of
26-13 this section, the office of the governor may recommend changes to
26-14 improve energy and water efficiency.
26-15 (c) The state energy conservation office [management center]
26-16 may provide training, technical assistance, and funding, if
26-17 available, to the State Auditor's office or the office charged with
26-18 performing management audits of state agencies to conduct energy
26-19 and water management audits in state agencies and institutions of
26-20 higher education.
26-21 (d) State agencies and institutions of higher education
26-22 shall conduct reviews and audits of utility billings and contracts
26-23 to detect billing errors. Contracts with private sector firms must
26-24 comply with all applicable provisions of Chapter 2254 [654]
26-25 regarding professional services contracts and may not be awarded on
26-26 a contingent fee basis unless a finding that the contract is
26-27 necessary, reasonable, and prudent is obtained from the office of
27-1 the governor.
27-2 Sec. 447.010. ENERGY-SAVING AND WATER-SAVING DEVICES OR
27-3 MEASURES. (a) On approval by the state energy conservation office
27-4 [management center], a state agency that reduces its energy or
27-5 water expenses may use any funds saved by the agency from
27-6 appropriated utility funds for the purchase of energy-saving or
27-7 water-saving devices or measures. For purposes of this section,
27-8 "energy-saving or water-saving device or measure" means a device or
27-9 measure that directly reduces energy or water costs or the
27-10 consumption of a lighting, heating, ventilating, or air
27-11 conditioning system or of other equipment that uses electricity,
27-12 natural gas, fuel oil, or any other energy or water source without
27-13 materially altering the quality of such lighting, heating,
27-14 ventilating, air conditioning, or other energy or water consuming
27-15 system.
27-16 (b) A state agency, in accordance with the recommendations
27-17 of an energy and water audit, may purchase energy-saving and
27-18 water-saving devices or measures from appropriated utility funds if
27-19 the savings in utility funds projected by the audit will offset the
27-20 purchase within four years. A copy of the recommendation and
27-21 repayment schedule must be attached to the purchase voucher as
27-22 evidence of the projected savings.
27-23 Sec. 447.011. ENERGY AND WATER MANAGEMENT PLANNING. (a) The
27-24 state energy conservation office [management center] shall provide
27-25 energy and water management planning assistance to state agencies
27-26 and institutions of higher education, including:
27-27 (1) preparation of a long-range plan for the delivery
28-1 of reliable, cost-effective utility services for state agencies,
28-2 institutions of higher education, boards, and commissions in Travis
28-3 County. This plan shall be presented to the affected agencies for
28-4 use in preparing their five-year construction and major
28-5 rehabilitation plans. After other energy-saving and water-saving
28-6 alternatives are considered, district heating and cooling and
28-7 on-site generation of electricity may be considered in planning for
28-8 reliable, efficient, and cost-effective utility services;
28-9 (2) assistance to the Department of Public Safety for
28-10 energy and water emergency contingency planning, using state or
28-11 federal funds when available; and
28-12 (3) assistance to state agencies and institutions of
28-13 higher education in preparing comprehensive energy and water
28-14 management plans. The state energy conservation office [management
28-15 center] shall prepare guidelines for the preparation of these
28-16 plans. State agencies and institutions of higher education that
28-17 expend more than $250,000 annually for heating, lighting, and
28-18 cooling and that occupy state-owned buildings shall prepare and
28-19 submit a five-year energy and water management plan to the center.
28-20 Agencies and institutions of higher education with smaller usage
28-21 may be required to submit such plans. Updated plans shall be
28-22 submitted biennially when requested by the office [center].
28-23 (b) The energy and water management plan required in
28-24 Subsection (a)(3) shall be included in the five-year construction
28-25 and major rehabilitation plans for institutions of higher education
28-26 as required under Sections [Section] 61.058 and 61.0651, Education
28-27 Code.
29-1 SECTION 11. This Act takes effect September 1, 2001.