Bill Text: TX SB1460 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to energy savings performance contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-24 - Received from the Senate [SB1460 Detail]
Download: Texas-2011-SB1460-Engrossed.html
By: Harris | S.B. No. 1460 |
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relating to energy savings performance contracts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 44.901, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (f-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 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 of trustees of a | ||
school district 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 the energy or water conservation measures | ||
solely out of the savings realized by the school district under an | ||
energy savings performance contract. | ||
SECTION 2. Section 51.927, Education Code, is amended by | ||
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. | ||
(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 the energy or | ||
water conservation measures solely out of the savings realized by | ||
the institution of higher education under an energy savings | ||
performance contract. | ||
SECTION 3. Section 2166.406, Government Code, is amended by | ||
amending Subsections (a) and (g) and adding Subsection (f-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 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. | ||
(g) An energy savings performance contract with respect to | ||
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(1) under a lease/purchase contract that has a term | ||
not to exceed 20 years from the final date of installation and that | ||
meets federal tax requirements for tax-free municipal leasing or | ||
long-term financing, including a lease/purchase contract under the | ||
master equipment lease purchase program administered by the Texas | ||
Public Finance Authority under Chapter 1232; | ||
(2) with the proceeds of bonds; or | ||
(3) under a contract with the provider of the energy or | ||
water conservation measures that has a term not to exceed the lesser | ||
of 20 years from the final date of installation or the average | ||
useful life of the energy or water conservation or usage measures. | ||
SECTION 4. Subdivision (4), Section 302.001, Local | ||
Government Code, is amended to read as follows: | ||
(4) "Energy savings performance contract" means a | ||
contract between a local government and a provider for energy or | ||
water conservation or usage measures in which the estimated energy | ||
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 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; or | ||
(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. |