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


Bill Title: Relating to energy savings performance contracts.

Spectrum: Bipartisan Bill

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

Download: Texas-2021-HB3583-Enrolled.html
 
 
  H.B. No. 3583
 
 
 
 
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 or new construction 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 Subsections (d) and (e) 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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3583 was passed by the House on May
  13, 2021, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3583 was passed by the Senate on May
  21, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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