Bill Text: TX HB3583 | 2021-2022 | 87th Legislature | Comm Sub

Texas House Bill 3583 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to energy savings performance contracts.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-14 - Effective immediately [HB3583 Detail]

Download: Texas-2021-HB3583-Comm_Sub.html



	By: Paddie	H.B. No. 3583

	Substitute the following for H.B. No. 3583:

	By: Geren	C.S.H.B. No. 3583



	A BILL TO BE ENTITLED
	AN ACT
	relating to energy savings performance contracts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 302.001(4), Local Government Code, is
	amended to read as follows:
	(4) "Energy savings performance contract" means a
	contract with 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 does not include the
	design, new construction, or new capacity expansion of a water
	supply project, water plant, wastewater plant, water and wastewater
	distribution or conveyance facility, or drainage project. 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.
	SECTION 2. Section 302.005, Local Government Code, is
	amended by adding Subsection (d) to read as follows:
	(d) The scope of an energy savings performance contract may
	not be modified under this section by change order, contract
	addendum, or other method:
	(1) to perform work that is not related to, connected
	with, or otherwise ancillary to the measures identified in the
	original scope of an energy savings performance contract; or
	(2) in a way that increases the price of the original
	awarded contract by more than 25 percent of the original contract
	value.
	(e) Subsection (d) applies only to the design or
	construction of a water supply project, water plant, wastewater
	plant, water and wastewater distribution or conveyance facility, or
	drainage project.
	SECTION 3. Chapter 302, Local Government Code, is amended
	by adding Section 302.008 to read as follows:
	Sec. 302.008. ENFORCEMENT. (a) A contract entered into or
	an arrangement made in violation of this chapter is voidable as
	against public policy.
	(b) This chapter may be enforced through an action for
	declaratory or injunctive relief filed not later than the 10th day
	after the date the contract is awarded.
	SECTION 4. The changes in law made by this Act do not apply
	to an energy savings performance contract entered into before the
	effective date of this Act, and the former law governing the
	contract is continued in effect for that purpose.
	SECTION 5. 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, 2021.