Bill Text: TX SB1382 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to energy savings performance contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-09 - Committee report printed and distributed [SB1382 Detail]
Download: Texas-2017-SB1382-Comm_Sub.html
By: Hughes | S.B. No. 1382 | |
(In the Senate - Filed March 6, 2017; March 16, 2017, read | ||
first time and referred to Committee on Business & Commerce; | ||
May 9, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 6, Nays 0; May 9, 2017, sent | ||
to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1382 | By: Creighton |
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relating to energy savings performance contracts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
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 | ||
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(f-1) Notwithstanding other law, the board may use any | ||
available money[ |
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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. | ||
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 | ||
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(g-1) Notwithstanding other law, the board may use any | ||
available money[ |
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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. | ||
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 | ||
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(f-1) Notwithstanding other law, the state agency may use | ||
any available money[ |
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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. | ||
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) [ |
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usage [ |
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(ii) [ |
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providing energy, water, or other utilities to users; or | ||
(iii) [ |
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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 [ |
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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. | ||
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[ |
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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. | ||
SECTION 6. 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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