Amend CSSB 1952 by adding the following appropriately
numbered article to the bill and renumbering the subsequent
articles of the bill accordingly:
ARTICLE ____. ENERGY CONSERVATION IN STATE BUILDINGS
SECTION ____. Subsection (e), Section 447.004, Government
Code, as amended by Chapters 573, 1158, and 1398, Acts of the 77th
Legislature, Regular Session, 2001, is reenacted and amended to
read as follows:
(e) A state agency or an institution of higher education may
not begin construction of a new state building or a major renovation
project before the design architect or engineer for the
construction or renovation has:
(1) certified to the appropriate authority having
jurisdiction [agency or institution] that the construction or
renovation complies with:
(A) the standards established under this
section; and
(B) the alternative energy and energy-efficient
architectural and engineering design evaluation requirements under
Sections 2166.401, 2166.403, and 2166.408; and
(2) provided [a copy of that certification] to the
appropriate authority having jurisdiction and the state energy
conservation office copies of:
(A) each certification under Subdivision (1);
and
(B) any written evaluation or detailed economic
feasibility study prepared in accordance with Section 2166.401,
2166.403, or 2166.408.
SECTION ____. Subsection (a), Section 2166.153, Government
Code, is amended to read as follows:
(a) A project analysis consists of:
(1) a complete description of the project and a
justification of the project prepared by the using agency;
(2) a detailed estimate of the amount of space needed
to meet the needs of the using agency and to allow for realistic
growth;
(3) a description of the proposed project prepared by
a design professional that:
(A) includes schematic plans and outline
specifications describing the type of construction and probable
materials to be used; and
(B) is sufficient to establish the general scope
and quality of construction;
(4) an estimate of the probable cost of construction;
(5) a description of the proposed site of the project
and an estimate of the cost of site preparation;
(6) an overall estimate of the cost of the project,
including necessary funding for life-cycle costing, whole building
integrated design, commissioning, and postoccupancy building
performance verification;
(7) information prepared under Section 2166.451 about
historic structures considered as alternatives to new
construction;
(8) an evaluation of energy alternatives and
energy-efficient architectural and engineering design alternatives
as required by Sections [Section] 2166.401, 2166.403, and 2166.408;
and
(9) other information required by the commission.
SECTION ____. The section heading to Section 2166.403,
Government Code, is amended to read as follows:
Sec. 2166.403. ALTERNATIVE ENERGY AND ENERGY-EFFICIENT
ARCHITECTURAL AND ENGINEERING DESIGN IN NEW BUILDING CONSTRUCTION.
SECTION ____. Section 2166.403, Government Code, is amended
by amending Subsections (b) and (c) and adding Subsections (b-1)
and (b-2) to read as follows:
(b) During the planning phase of the proposed construction,
the commission, or the governing body of the appropriate agency or
institution that is undertaking a project otherwise exempt from
this chapter under Section 2166.003, must present a detailed
written evaluation at [shall verify in] an open meeting to verify
the economic feasibility of:
(1) using energy-efficient architectural or
engineering design alternatives; or
(2) incorporating into the building's design and
proposed energy system alternative energy devices for space heating
and cooling, water heating, electrical loads, and interior
lighting.
(b-1) A detailed written evaluation under Subsection (b)
must be made available to the public at least 30 days before the
open meeting at which it is presented.
(b-2) In each detailed written evaluation under Subsection
(b), the [The] commission or governing body shall determine
economic feasibility for each function by comparing the estimated
cost of providing energy for all or part of the function using
conventional design practices and energy systems or operating under
conventional architectural or engineering designs with the
estimated cost of providing energy for all or part of the function
using alternative energy devices or operating under alternative
energy-efficient architectural or engineering designs during the
economic life of the building. The comptroller's state energy
conservation office, or its successor, must approve any methodology
or electronic software used by the commission or governing body, or
an entity contracting with the commission or governing body, to
make a comparison or determine feasibility under this subsection.
(c) If the use of alternative energy devices or
energy-efficient architectural design alternatives for a
particular function is determined to be economically feasible under
Subsection (b-2) [(b)], the commission or governing body shall
include the use of alternative energy devices or energy-efficient
architectural design alternatives for that function in the
construction plans.
SECTION ____. Subdivision (1), Subsection (d), Section
2166.403, Government Code, is amended to read as follows:
(1) "Alternative energy" means a renewable energy
resource. The term includes solar energy, biomass energy,
geothermal energy, and wind energy.
SECTION ____. Subchapter I, Chapter 2166, Government Code,
is amended by adding Section 2166.408 to read as follows:
Sec. 2166.408. EVALUATION OF ARCHITECTURAL AND ENGINEERING
DESIGN ALTERNATIVES. (a) For each project for which a project
analysis is prepared under Subchapter D and for which architectural
or engineering design choices will affect the energy-efficiency of
the building, the commission or the private design professional
retained by the commission shall prepare a written evaluation of
energy-efficient architectural or engineering design alternatives
for the project.
(b) The evaluation must include information about the
economic and environmental impact of various energy-efficient
architectural or engineering design alternatives, including an
evaluation of economic and environmental costs both initially and
over the life of the architectural or engineering design.
(c) The evaluation must identify the best architectural and
engineering designs for the project considering both economic and
environmental costs and benefits.
SECTION ____. This article takes effect immediately if this
Act 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 this article to
take effect immediately, this article takes effect September 1,
2003.