Texas Education Code - Section 44.901. Energy Savings Performance Contracts
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§ 44.901. ENERGY SAVINGS PERFORMANCE CONTRACTS. (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 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.
(b) The board of trustees of a school district may enter
into an energy savings performance contract in accordance with this
section.
(c) Each energy or water conservation measure must comply
with current local, state, and federal construction, plumbing, and
environmental codes and regulations. Notwithstanding Subsection
(a), an energy savings performance contract may not include
improvements or equipment that allow or cause water from any
condensing, cooling, or industrial process or any system of
nonpotable usage over which the public water supply system
officials do not have sanitary control, to be returned to the
potable water supply.
(d) The board may enter into energy savings performance
contracts only with persons who are experienced in the design,
implementation, and installation of the energy or water
conservation measures addressed by the contract.
(e) Before entering into an energy savings performance
contract, the board shall require the provider of the energy or
water conservation measures to file with the board a payment and
performance bond relating to the installation of the measures in
accordance with Chapter 2253, Government Code. The board may also
require a separate bond to cover the value of the guaranteed savings
on the contract.
(f) An energy savings performance contract may be financed:
(1) under a lease/purchase contract that has a term
not to exceed 15 years from the final date of installation and that
meets federal tax requirements for tax-free municipal leasing or
long-term financing;
(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 15 years
from the final date of installation.
(g) An energy savings performance contract shall contain
provisions requiring the provider of the energy or water
conservation measures to guarantee the amount of the savings to be
realized by the school district under the contract. If the term of
an energy savings performance contract exceeds one year, the school
district's contractual obligations in any one year during the term
of the contract beginning after the final date of installation may
not exceed the total energy, water, wastewater, and operating cost
savings, including electrical, gas, water, wastewater, or other
utility cost savings and operating cost savings resulting from the
measures, as determined by the school district in this subsection,
divided by the number of years in the contract term.
(h) An energy savings performance contract shall be let
according to the procedures established for procuring certain
professional services by Section 2254.004, Government Code. Notice
of the request for qualifications shall be published in the manner
provided for competitive bidding.
(i) Before entering into an energy savings performance
contract, the board must require that the cost savings projected by
an offeror be reviewed by a licensed professional engineer who is
not an officer or employee of an offeror for the contract under
review or otherwise associated with the contract or the offeror. An
engineer who reviews a contract shall maintain the confidentiality
of any proprietary information the engineer acquires while
reviewing the contract. Sections 1001.053 and 1001.407,
Occupations Code, apply to work performed under the contract.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1142, § 1, eff. June 19,
1997; Acts 1999, 76th Leg., ch. 361, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 573, § 1, 2, 11, eff. Sept. 1, 2001;
Acts, 2001, 77th Leg., ch. 1319, § 1, eff, Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1310, § 5, 121(1), eff. June 20, 2003.
Section: 44.042 44.043 44.044 44.051 44.052 44.053 44.054 44.901 45.001 45.0011 45.002 45.003 45.0031 45.004 45.005
Last modified: August 10, 2007
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