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          A BILL TO BE ENTITLED
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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 return on  | 
      
      
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        the costs of the improvements; and | 
      
      
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                           (C)  provides for any money attributable to  | 
      
      
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        utility cost savings resulting from the pilot program to only be  | 
      
      
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        appropriated 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. |