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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. Sections
44.901(a) and (f-1), Education Code, are amended to read as follows:
(a) In this section,
"energy savings performance contract" has the meaning assigned
by Section 302.001, Local Government Code [means a contract for
energy or water conservation measures to reduce energy or water consumption
or operating costs of new or existing school 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 the building;
[(2) storm windows or
doors, caulking or weatherstripping, 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 relating to renewable energy or nonconventional
water sources or water reuse].
(f-1) Notwithstanding other
law, the board 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 board is not required to
pay for such costs solely out of the savings realized by the school
district under an energy savings performance contract. The board may contract
with the provider to perform work that is related to, connected with, or
otherwise ancillary to the measures identified in the scope of an energy
savings performance contract.
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No
equivalent provision.
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SECTION 2. Sections
51.927(a) and (g-1), Education Code, are amended to read as follows:
(a) In this section,
"energy savings performance contract" has the meaning assigned
by Section 302.001, Local Government Code [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].
(g-1) Notwithstanding other
law, the board 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 board is not required to
pay for such costs solely out of the savings realized by the institution of
higher education under an energy savings performance contract. The board
may contract with the provider to perform work that is related to,
connected with, or otherwise ancillary to the measures identified in the
scope of an energy savings performance contract.
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No
equivalent provision.
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SECTION 3. Sections
2166.406(a) and (f-1), Government Code, are amended to read as follows:
(a) In this section,
"energy savings performance contract" has the meaning assigned
by Section 302.001, Local Government Code [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 such costs solely out of the savings realized by the
state agency under an energy savings performance contract. The state
agency may contract with the provider to perform work that is related to,
connected with, or otherwise ancillary to the measures identified in the
scope of an energy savings performance contract.
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SECTION 1. Section
302.001(3), Local Government Code, is amended to read as follows:
(3) "Energy
savings" means an estimated reduction in net fuel costs, energy costs,
water costs, stormwater fees, other utility costs, or related net operating
costs from or as compared to an established baseline of those costs, or an estimated amount of avoided expected
future operating and maintenance costs.
The term does not include an
estimated reduction due to a decrease in energy rates that is not derived
from increased conservation or reduced usage.
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SECTION 4. Sections
302.001(1), (3), and (4), Local Government Code, are amended to read as
follows:
(1)
"Baseline" means a calculation or set of calculations in an
energy savings performance contract that:
(A) may be based
on:
(i) historical
costs, revenues, accuracy, or related components; or
(ii) avoided anticipated costs; and
(B) used for
determining:
(i) [(A)]
the costs for energy or water usage [by a local government] and
related net operating costs;
(ii) [(B)]
the billable revenues from providing energy, water, or other utilities to
users; or
(iii) [(C)]
the efficiency or accuracy of metering or related equipment, systems, or
processes or procedures.
(3) "Energy
savings" means an estimated reduction in net fuel costs, energy costs,
water costs, stormwater fees, or
other utility costs, or related net operating costs, including costs for anticipated equipment
replacement and repair, from or as compared to an established
baseline of those costs.
The term does not include an
estimated reduction due to a decrease in energy rates that is not derived
from increased conservation or reduced usage.
(4)
"Energy savings performance contract" means a contract with
[between a local government and] a provider for energy or water
conservation or usage measures in which the estimated energy savings,
utility cost savings, increase in billable revenues, or increase in meter
accuracy resulting from the measures is subject to guarantee to offset the
cost of the energy or water conservation or usage measures over a specified
period. The term includes a contract related to the pilot program
described by Subdivision (9-a) and 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;
(M)
equipment needed to capture water from 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;
(O)
alternative fuel programs resulting in energy cost savings and reduced
emissions for local government vehicles, including fleet vehicles;
(P)
programs resulting in utility cost savings; or
(Q)
other energy or water conservation-related improvements or equipment,
including improvements or equipment relating to renewable energy or
nonconventional water sources or water reuse.
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No
equivalent provision.
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SECTION 5. Section
302.004(a-1), Local Government Code, is amended 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 such costs solely out of the savings
realized by the local government under an energy savings performance
contract. The governing body may contract with the provider to perform work
that is related to, connected with, or otherwise ancillary to the measures
identified in the scope of an energy savings performance contract.
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SECTION 2. 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, 2017.
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SECTION 6. Same as introduced
version.
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