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A BILL TO BE ENTITLED
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AN ACT
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relating to energy savings performance contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2166.406, Government Code, is amended by |
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amending Subsection (i) and adding Subsections (i-1), (i-2), (i-3), |
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(i-4), and (i-5) to read as follows: |
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(i) An energy savings performance contract shall be let |
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according to the procedures established for procuring certain |
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professional services by Section 2254.004. Notice of the request |
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for qualifications shall be given in the manner provided by Section |
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2156.002. |
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(i-1) The State Energy Conservation Office shall establish |
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guidelines and an approval process for awarding energy savings |
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performance contracts. The guidelines adopted under this |
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subsection must require that the cost savings projected by an |
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offeror be reviewed by a licensed professional engineer who: |
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(1) has a minimum of three years of experience in |
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energy calculation and review; |
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(2) [,] is not an officer or employee of an offeror for |
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the contract under review;[,] and |
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(3) is not otherwise associated with the contract. |
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(i-2) In conducting the review required under Subsection |
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(i-1), the engineer shall focus primarily on the proposed |
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improvements from an engineering perspective, the methodology and |
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calculations related to cost savings, increases in revenue, and, if |
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applicable, efficiency or accuracy of metering equipment. An |
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engineer who reviews a contract shall maintain the confidentiality |
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of any proprietary information the engineer acquires while |
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reviewing the contract. |
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(i-3) An energy savings performance contract may not be |
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entered into unless the contract has been approved by the State |
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Energy Conservation Office. Sections 1001.053 and 1001.407, |
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Occupations Code, apply to work performed under the contract. |
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(i-4) Before approving an energy savings performance |
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contract as required under Subsection (i-3), the State Energy |
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Conservation Office shall require the offeror to use equipment |
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designed to verify the energy resource savings and require that |
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measurement and verification fees be expressly provided in the |
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contract. |
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(i-5) The State Energy Conservation Office, in consultation |
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with the Texas Higher Education Coordinating Board, shall establish |
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and maintain an approved list of third-party audit engineers to |
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comply with Subsection (i-1) and other audits required by state |
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law. |
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SECTION 2. Section 2166.406, Government Code, as amended by |
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this Act, applies only to an energy savings performance contract |
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entered into on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |