S.B. No. 982
AN ACT
relating to certain practices to improve energy conservation in
state buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 447.004, Government Code, is amended by
amending Subsection (e) and adding Subsection (f) 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.
(f) 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 institution of higher education
that the construction or renovation complies with the standards
established under this section; and
(2) provided to the state energy conservation office a
copy of that certification.
SECTION 2. 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 3. 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 4. Section 2166.403, Government Code, is amended by
amending Subsections (b) and (c) and adding Subsections (b-1),
(b-2), (c-1), and (c-2) to read as follows:
(b) Except as provided by Subsection (c-1), during [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.
(c-1) For a project constructed by and for a state
institution of higher education, the governing body of the
institution shall, during the planning phase of the proposed
construction for the project, verify in an open meeting the
economic feasibility of incorporating into the building's design
and proposed energy system alternative energy devices for space
heating and cooling functions, water heating functions, electrical
load functions, and interior lighting functions. The governing
body of the institution shall determine the economic feasibility of
each function listed in this subsection by comparing the estimated
cost of providing energy for the function, based on the use of
conventional design practices and energy systems, with the
estimated cost of providing energy for the function, based on the
use of alternative energy devices, during the economic life of the
building.
(c-2) If the use of alternative energy devices for a
specific function is determined to be economically feasible under
Subsection (c-1), the governing body shall include the use of
alternative energy devices for that function in the construction
plans for the project.
SECTION 5. 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 6. 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 7. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 982 passed the Senate on
April 28, 2005, by the following vote: Yeas 31, Nays 0;
May 26, 2005, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2005, House
granted request of the Senate; May 29, 2005, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 982 passed the House, with
amendments, on May 25, 2005, by the following vote: Yeas 143,
Nays 0, two present not voting; May 27, 2005, House granted request
of the Senate for appointment of Conference Committee;
May 29, 2005, House adopted Conference Committee Report by the
following vote: Yeas 137, Nays 0, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor