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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 44.901, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (f-1) to read as |
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follows: |
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(a) In this section, "energy savings performance contract" |
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means a contract for energy or water conservation measures to |
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|
reduce energy or water consumption or operating costs of new or |
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|
existing school facilities in which the estimated savings in |
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|
utility costs resulting from the measures is guaranteed to offset |
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|
the cost of the measures over a specified period. The term includes |
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a contract for the installation or implementation of: |
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(1) insulation of a building structure and systems |
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|
within the building; |
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(2) storm windows or doors, caulking or |
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weatherstripping, multiglazed windows or doors, heat absorbing or |
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|
heat reflective glazed and coated window or door systems, or other |
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|
window or door system modifications that reduce energy consumption; |
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(3) automatic energy control systems, including |
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computer software and technical data licenses; |
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(4) heating, ventilating, or air-conditioning system |
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modifications or replacements that reduce energy or water |
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|
consumption; |
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(5) lighting fixtures that increase energy |
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efficiency; |
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(6) energy recovery systems; |
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(7) electric systems improvements; |
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(8) water-conserving fixtures, appliances, and |
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equipment or the substitution of non-water-using fixtures, |
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|
appliances, and equipment; |
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(9) water-conserving landscape irrigation equipment; |
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(10) landscaping measures that reduce watering |
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demands and capture and hold applied water and rainfall, including: |
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(A) landscape contouring, including the use of |
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berms, swales, and terraces; and |
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|
(B) the use of soil amendments that increase the |
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|
water-holding capacity of the soil, including compost; |
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|
(11) rainwater harvesting equipment and equipment to |
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|
make use of water collected as part of a storm-water system |
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|
installed for water quality control; |
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|
(12) equipment for recycling or reuse of water |
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|
originating on the premises or from other sources, including |
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|
treated municipal effluent; |
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(13) equipment needed to capture water from |
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|
nonconventional, alternate sources, including air conditioning |
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|
condensate or graywater, for nonpotable uses; |
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(14) metering equipment needed to segregate water use |
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|
in order to identify water conservation opportunities or verify |
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|
water savings; or |
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(15) other energy or water conservation-related |
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improvements or equipment, including improvements or equipment |
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|
relating to renewable energy or nonconventional water sources or |
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water reuse. |
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(f-1) Notwithstanding other law, the board of trustees of a |
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school district may use any available money, other than money |
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borrowed from this state, to pay the provider of the energy or water |
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conservation measures under this section, and the board is not |
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required to pay for the energy or water conservation measures |
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solely out of the savings realized by the school district under an |
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energy savings performance contract. |
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SECTION 2. Section 51.927, Education Code, is amended by |
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|
amending Subsection (a) and adding Subsection (g-1) to read as |
|
|
follows: |
|
|
(a) In this section, "energy savings performance contract" |
|
|
means a contract for energy or water conservation measures to |
|
|
reduce energy or water consumption or operating costs of new or |
|
|
existing institutional facilities in which the estimated savings in |
|
|
utility costs resulting from the measures is guaranteed to offset |
|
|
the cost of the measures over a specified period. The term includes |
|
|
a contract for the installation or implementation of: |
|
|
(1) insulation of a building structure and systems |
|
|
within a building; |
|
|
(2) storm windows or doors, caulking or weather |
|
|
stripping, multiglazed windows or doors, heat-absorbing or |
|
|
heat-reflective glazed and coated window or door systems, or other |
|
|
window or door system modifications that reduce energy consumption; |
|
|
(3) automatic energy control systems, including |
|
|
computer software and technical data licenses; |
|
|
(4) heating, ventilating, or air conditioning system |
|
|
modifications or replacements that reduce energy or water |
|
|
consumption; |
|
|
(5) lighting fixtures that increase energy |
|
|
efficiency; |
|
|
(6) energy recovery systems; |
|
|
(7) electric systems improvements; |
|
|
(8) water-conserving fixtures, appliances, and |
|
|
equipment or the substitution of non-water-using fixtures, |
|
|
appliances, and equipment; |
|
|
(9) water-conserving landscape irrigation equipment; |
|
|
(10) landscaping measures that reduce watering |
|
|
demands and capture and hold applied water and rainfall, including: |
|
|
(A) landscape contouring, including the use of |
|
|
berms, swales, and terraces; and |
|
|
(B) the use of soil amendments that increase the |
|
|
water-holding capacity of the soil, including compost; |
|
|
(11) rainwater harvesting equipment and equipment to |
|
|
make use of water collected as part of a storm-water system |
|
|
installed for water quality control; |
|
|
(12) equipment for recycling or reuse of water |
|
|
originating on the premises or from other sources, including |
|
|
treated municipal effluent; |
|
|
(13) equipment needed to capture water from |
|
|
nonconventional, alternate sources, including air conditioning |
|
|
condensate or graywater, for nonpotable uses; |
|
|
(14) metering equipment needed to segregate water use |
|
|
in order to identify water conservation opportunities or verify |
|
|
water savings; or |
|
|
(15) other energy or water conservation-related |
|
|
improvements or equipment, including improvements or equipment |
|
|
related to renewable energy or nonconventional water sources or |
|
|
water reuse. |
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|
(g-1) Notwithstanding other law, the board may use any |
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|
available money, other than money borrowed from this state, to pay |
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|
the provider of the energy or water conservation measures under |
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|
this section, and the board is not required to pay for the energy or |
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|
water conservation measures solely out of the savings realized by |
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the institution of higher education under an energy savings |
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performance contract. |
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SECTION 3. Section 2166.406, Government Code, is amended by |
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amending Subsections (a) and (g) and adding Subsection (f-1) to |
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|
read as follows: |
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|
(a) In this section, "energy savings performance contract" |
|
|
means a contract for energy or water conservation measures to |
|
|
reduce energy or water consumption or operating costs of new or |
|
|
existing governmental facilities in which the estimated savings in |
|
|
utility costs resulting from the measures is guaranteed to offset |
|
|
the cost of the measures over a specified period. The term includes |
|
|
a contract for the installation of: |
|
|
(1) insulation of a building structure and systems |
|
|
within the building; |
|
|
(2) storm windows or doors, caulking or weather |
|
|
stripping, multiglazed windows or doors, heat absorbing or heat |
|
|
reflective glazed and coated window or door systems, or other |
|
|
window or door system modifications that reduce energy consumption; |
|
|
(3) automatic energy control systems, including |
|
|
computer software and technical data licenses; |
|
|
(4) heating, ventilating, or air-conditioning system |
|
|
modifications or replacements that reduce energy or water |
|
|
consumption; |
|
|
(5) lighting fixtures that increase energy |
|
|
efficiency; |
|
|
(6) energy recovery systems; |
|
|
(7) electric systems improvements; |
|
|
(8) water-conserving fixtures, appliances, and |
|
|
equipment or the substitution of non-water-using fixtures, |
|
|
appliances, and equipment; |
|
|
(9) water-conserving landscape irrigation equipment; |
|
|
(10) landscaping measures that reduce watering |
|
|
demands and capture and hold applied water and rainfall, including: |
|
|
(A) landscape contouring, including the use of |
|
|
berms, swales, and terraces; and |
|
|
(B) the use of soil amendments that increase the |
|
|
water-holding capacity of the soil, including compost; |
|
|
(11) rainwater harvesting equipment and equipment to |
|
|
make use of water collected as part of a storm-water system |
|
|
installed for water quality control; |
|
|
(12) equipment for recycling or reuse of water |
|
|
originating on the premises or from other sources, including |
|
|
treated municipal effluent; |
|
|
(13) equipment needed to capture water from |
|
|
nonconventional, alternate sources, including air conditioning |
|
|
condensate or graywater, for nonpotable uses; |
|
|
(14) metering equipment needed to segregate water use |
|
|
in order to identify water conservation opportunities or verify |
|
|
water savings; or |
|
|
(15) other energy or water conservation-related |
|
|
improvements or equipment including improvements or equipment |
|
|
related to renewable energy or nonconventional water sources or |
|
|
water reuse. |
|
|
(f-1) Notwithstanding other law, the state agency may use |
|
|
any available money, other than money borrowed from this state, to |
|
|
pay the provider of the energy or water conservation measures under |
|
|
this section, and the state agency is not required to pay for energy |
|
|
or water conservation measures solely out of the savings realized |
|
|
by the state agency under an energy savings performance contract. |
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(g) An energy savings performance contract with respect to |
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[existing] buildings or facilities may be financed: |
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(1) under a lease/purchase contract that has a term |
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not to exceed 20 years from the final date of installation and that |
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meets federal tax requirements for tax-free municipal leasing or |
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long-term financing, including a lease/purchase contract under the |
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master equipment lease purchase program administered by the Texas |
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Public Finance Authority under Chapter 1232; |
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(2) with the proceeds of bonds; or |
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(3) under a contract with the provider of the energy or |
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water conservation measures that has a term not to exceed the lesser |
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of 20 years from the final date of installation or the average |
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useful life of the energy or water conservation or usage measures. |
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SECTION 4. Subdivision (4), Section 302.001, Local |
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Government Code, is amended to read as follows: |
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(4) "Energy savings performance contract" means a |
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contract between a local government and a provider for energy or |
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water conservation or usage measures in which the estimated energy |
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savings, increase in billable revenues, or increase in meter |
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accuracy resulting from the measures is subject to guarantee to |
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|
offset the cost of the energy or water conservation or usage |
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|
measures over a specified period. The term includes a contract for |
|
|
the installation or implementation of the following in new or |
|
|
existing facilities, including all causally connected work: |
|
|
(A) insulation of a building structure and |
|
|
systems within the building; |
|
|
(B) storm windows or doors, caulking or weather |
|
|
stripping, multiglazed windows or doors, heat-absorbing or |
|
|
heat-reflective glazed and coated window or door systems, or other |
|
|
window or door system modifications that reduce energy consumption; |
|
|
(C) automatic energy control systems, including |
|
|
computer software and technical data licenses; |
|
|
(D) heating, ventilating, or air-conditioning |
|
|
system modifications or replacements that reduce energy or water |
|
|
consumption; |
|
|
(E) lighting fixtures that increase energy |
|
|
efficiency; |
|
|
(F) energy recovery systems; |
|
|
(G) electric systems improvements; |
|
|
(H) water-conserving fixtures, appliances, and |
|
|
equipment or the substitution of non-water-using fixtures, |
|
|
appliances, and equipment; |
|
|
(I) water-conserving landscape irrigation |
|
|
equipment; |
|
|
(J) landscaping measures that reduce watering |
|
|
demands and capture and hold applied water and rainfall, including: |
|
|
(i) landscape contouring, including the use |
|
|
of berms, swales, and terraces; and |
|
|
(ii) the use of soil amendments that |
|
|
increase the water-holding capacity of the soil, including compost; |
|
|
(K) rainwater harvesting equipment and equipment |
|
|
to make use of water collected as part of a storm-water system |
|
|
installed for water quality control; |
|
|
(L) equipment for recycling or reuse of water |
|
|
originating on the premises or from other sources, including |
|
|
treated municipal effluent; |
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|
(M) equipment needed to capture water from |
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|
nonconventional, alternate sources, including air-conditioning |
|
|
condensate or graywater, for nonpotable uses; |
|
|
(N) metering or related equipment or systems that |
|
|
improve the accuracy of billable-revenue-generation systems; or |
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|
(O) other energy or water conservation-related |
|
|
improvements or equipment, including improvements or equipment |
|
|
relating to renewable energy or nonconventional water sources or |
|
|
water reuse. |
|
|
SECTION 5. Section 302.004, Local Government Code, is |
|
|
amended by adding Subsection (a-1) to read as follows: |
|
|
(a-1) Notwithstanding other law, the governing body of a |
|
|
local government may use any available money, other than money |
|
|
borrowed from this state, to pay the provider of the energy or water |
|
|
conservation measures under this section, and the governing body is |
|
|
not required to pay for energy or water conservation measures |
|
|
solely out of the savings realized by the local government under an |
|
|
energy savings performance contract. |
|
|
SECTION 6. This Act takes effect September 1, 2011. |
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* * * * * |