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AN ACT
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relating to authorizing certain utility cost savings and |
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alternative fuel programs as eligible for local government energy |
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savings performance contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 302.001, Local Government Code, is |
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amended by amending Subdivision (4) and adding Subdivision (9-a) to |
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read as follows: |
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(4) "Energy savings performance contract" means a |
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contract between a local government and a provider for energy or |
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water conservation or usage measures in which the estimated energy |
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savings, utility cost savings, increase in billable revenues, or |
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increase in meter accuracy resulting from the measures is subject |
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to guarantee to offset the cost of the energy or water conservation |
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or usage measures over a specified period. The term includes a |
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contract related to the pilot program described by Subdivision |
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(9-a) and a contract for the installation or implementation of the |
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following in new or existing facilities, including all causally |
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connected work: |
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(A) insulation of a building structure and |
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systems within the building; |
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(B) storm windows or doors, caulking or weather |
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stripping, multiglazed windows or doors, heat-absorbing or |
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heat-reflective glazed and coated window or door systems, or other |
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window or door system modifications that reduce energy consumption; |
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(C) automatic energy control systems, including |
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computer software and technical data licenses; |
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(D) heating, ventilating, or air-conditioning |
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system modifications or replacements that reduce energy or water |
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consumption; |
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(E) lighting fixtures that increase energy |
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efficiency; |
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(F) energy recovery systems; |
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(G) electric systems improvements; |
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(H) water-conserving fixtures, appliances, and |
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equipment or the substitution of non-water-using fixtures, |
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appliances, and equipment; |
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(I) water-conserving landscape irrigation |
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equipment; |
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(J) landscaping measures that reduce watering |
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demands and capture and hold applied water and rainfall, including: |
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(i) landscape contouring, including the use |
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of berms, swales, and terraces; and |
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(ii) the use of soil amendments that |
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increase the water-holding capacity of the soil, including compost; |
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(K) rainwater harvesting equipment and equipment |
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to make use of water collected as part of a storm-water system |
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installed for water quality control; |
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(L) equipment for recycling or reuse of water |
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originating on the premises or from other sources, including |
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treated municipal effluent; |
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(M) equipment needed to capture water from |
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nonconventional, alternate sources, including air-conditioning |
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condensate or graywater, for nonpotable uses; |
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(N) metering or related equipment or systems that |
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improve the accuracy of billable-revenue-generation systems; [or] |
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(O) alternative fuel programs resulting in |
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energy cost savings and reduced emissions for local government |
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vehicles, including fleet vehicles; |
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(P) programs resulting in utility cost savings; |
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or |
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(Q) other energy or water conservation-related |
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improvements or equipment, including improvements or equipment |
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relating to renewable energy or nonconventional water sources or |
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water reuse. |
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(9-a) "Pilot program" means a pilot program operated |
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by the Energy Systems Laboratory at the Texas A&M Engineering |
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Experiment Station, in consultation with the Texas Facilities |
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Commission and the State Energy Conservation Office, that: |
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(A) establishes and implements energy efficiency |
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improvements to state-owned buildings maintained by the |
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commission; |
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(B) generates savings in utility costs resulting |
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from the improvements resulting in at least a 30 percent annual |
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return on the costs of the improvements; |
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(C) provides for the participation of not fewer |
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than two companies selected by the commission; and |
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(D) provides for any money attributable to |
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utility cost savings resulting from the pilot program to be |
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appropriated only to the commission. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1184 was passed by the House on April |
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13, 2015, by the following vote: Yeas 132, Nays 9, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1184 on May 29, 2015, by the following vote: Yeas 133, Nays 12, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1184 was passed by the Senate, with |
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amendments, on May 26, 2015, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |