Bill Text: TX SB1453 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of a local government to enter into energy savings performance contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Business & Commerce [SB1453 Detail]
Download: Texas-2023-SB1453-Introduced.html
88R3501 MP-F | ||
By: Hinojosa | S.B. No. 1453 |
|
||
|
||
relating to the authority of a local government to enter into energy | ||
savings performance contracts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.927(a), Education Code, is amended to | ||
read as follows: | ||
(a) In this section, "energy savings performance contract" | ||
has the meaning assigned by Section 2166.406(a), Government Code | ||
[ |
||
SECTION 2. Section 2166.406(a), Government Code, is amended | ||
to read as follows: | ||
(a) In this section: | ||
(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) may be used for determining: | ||
(i) the costs for energy or water usage and | ||
related net operating costs; | ||
(ii) the billable revenues from providing | ||
energy, water, or other utilities to users; or | ||
(iii) the efficiency or accuracy of | ||
metering or related equipment, systems, or processes or procedures. | ||
(2) "Energy or water conservation or usage measures" | ||
means: | ||
(A) the installation or implementation of any of | ||
the items, equipment, modifications, alterations, improvements, | ||
systems, and other measures described by Subdivision (4) that are | ||
intended to provide: | ||
(i) estimated energy savings; | ||
(ii) an estimated increase in billable | ||
revenues; or | ||
(iii) an estimated increase in meter | ||
accuracy; or | ||
(B) the training for, or services related to, the | ||
operation of the items, equipment, modifications, alterations, | ||
improvements, systems, or other measures described by Paragraph | ||
(A). | ||
(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 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 (8) 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 stormwater 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 agency 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. | ||
(5) "Guarantee" means a written guarantee of a | ||
provider that the energy savings, increase in billable revenues, or | ||
increase in meter accuracy from the energy or water conservation or | ||
usage measures will at least equal the cost of the energy or water | ||
conservation or usage measures, all causally connected work, and | ||
ancillary improvements provided for in an energy savings | ||
performance contract. | ||
(6) "Increase in billable revenues" means an estimated | ||
increase in billable revenues as compared to an established | ||
baseline of billable revenues. | ||
(7) "Increase in meter accuracy" means an estimated | ||
increase in efficiency or accuracy of metering or related | ||
equipment, systems, or processes or procedures that is calculated | ||
or determined by using applicable industry engineering standards. | ||
(8) "Pilot program" means a pilot program operated by | ||
the Energy Systems Laboratory at the Texas A&M Engineering | ||
Experiment Station, in consultation with the Texas Facilities | ||
Commission and the State Energy Conservation Office, that: | ||
(A) establishes and implements energy efficiency | ||
improvements to state-owned buildings maintained by the | ||
commission; | ||
(B) generates savings in utility costs resulting | ||
from the improvements resulting in at least a 30 percent annual | ||
return on the costs of the improvements; | ||
(C) provides for the participation of not fewer | ||
than two companies selected by the commission; and | ||
(D) provides for any money attributable to | ||
utility cost savings resulting from the pilot program to be | ||
appropriated only to the commission. | ||
(9) "Provider" means an entity in the business of | ||
designing, implementing, and installing energy or water | ||
conservation or usage measures or an affiliate of such an entity [ |
||
SECTION 3. Section 388.005(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) Each [ |
||
education[ |
||
measures that meet the standards established for a contract for | ||
energy conservation measures under former Section 302.004(b), | ||
Local Government Code, as that section existed immediately before | ||
September 1, 2023, in order to reduce electricity consumption by | ||
the existing facilities of the entity. | ||
SECTION 4. The following provisions are repealed: | ||
(1) Section 44.901, Education Code; and | ||
(2) Chapter 302, Local Government Code. | ||
SECTION 5. The changes in law made by this Act apply to an | ||
energy savings performance contract entered into or amended or | ||
modified on or after the effective date of this Act. An energy | ||
savings performance contract entered into or amended or modified | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the contract was entered into or amended or | ||
modified, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 6. This Act takes effect September 1, 2023. |