ENERGY AND WATER AUDITS
TSBVI shall review and audit utility billings and contracts to detect billing errors. Any contract with a private person to conduct the review or audit must comply with all applicable provisions of Subchapter A, Chapter 2254, regarding professional services contracts. The contract may not be awarded on a contingent fee basis unless the governor determines that the contract is necessary, reasonable, and prudent. Texas Government Code 447.007
Reduction of Energy Consumption
The Board shall establish a long-range energy plan to reduce TSBVI’s annual electric consumption by five percent beginning with the 2008 state fiscal year and consume electricity in subsequent fiscal years in accordance with the School’s energy plan. The plan must include:
- Strategies for achieving energy efficiency, including facility design and construction, that:
- Result in net savings for the School; or
- Can be achieved without financial cost to TSBVI; and
- For each strategy identified above, the initial, short-term capital costs and lifetime costs and savings that may result from implementation of the strategy.
In determining whether a strategy may result in financial cost to the School, the Board shall consider the total net costs and savings that may occur over the seven-year period following implementation of the strategy.
The Board may submit the plan to the State Energy Conservation Office for the purposes of determining whether funds available through loan programs administered by the office or tax incentives administered by the state or federal government are available to the School.
The Board may not disallow any proper allocation of incentives.
Education Code 44.902
Energy or Water Conservation Measures
“Energy savings performance contract” has the meaning assigned by Local Government Code 302.001.
Each energy or water conservation measure must comply with current local, state, and federal construction, plumbing, and environ- mental codes and regulations. 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 non-potable usage over which the public water supply system officials do not have sanitary control, to be returned to the potable water supply.
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.
The contracting and delivery procedures for construction projects described at Government Code Chapter 2269 do not apply to energy savings performance contracts. The Texas Facilities Commission provides all construction projects and facilities maintenance for TSBVI. Education Code 30.022(h-1)
Before entering an energy savings performance contract, the Board shall require the provider of the energy or water conservation measures to file a payment and performance bond relating to the installation of the measures in accordance with Government Code Chapter 2253. The Board may also require a separate bond to cover the value of the guaranteed savings on the contract.
An energy savings performance contract may be financed:
- 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.
- 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.
Notwithstanding other law, the Board may use any available money to pay the provider of the energy or water conservation measures, and the Board is not required to pay for such costs solely out of the savings realized by the School under an energy savings performance contract.
An energy savings performance contract for energy or water conservation measures shall contain provisions requiring the provider of the energy or water conservation measures to guarantee the amount of the savings to be realized by TSBVI under the contract. If the term of an energy savings performance contract exceeds one year, the School’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 TSBVI, divided by the number of years in the contract term.
An energy savings performance contract shall be let according to the procedures established for professional services by Government Code 2254.004 (the Professional Services Procurement Act). [Policy CH] Notice of the request for qualifications shall be published in the manner provided for competitive bidding.
The Board may contract with the provider of the energy or water conservation measures to perform work that is related to, connected with, or otherwise ancillary to the measures identified in the scope of an energy savings performance contract.
Cost Savings Review
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 has a minimum of three years of experience in energy calculation and review, is not an officer or employee of an offeror for the contract under review, and is not otherwise associated with the contract. In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment. An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract.
Education Code 44.901
Energy Usage Report
TSBVI shall record in an electronic repository the School’s metered amount of electricity, water, or natural gas consumed for which it is responsible to pay and the aggregate costs for those utility services. TSBVI shall report the recorded information on a publicly accessible Internet website with an interface designed for ease of navigation if available, or at another publicly accessible location. Gov’t Code 2265.001
TSBVI shall rely upon the Texas Facilities Commission to purchase for use in each type of light fixture in an instructional facility the commercially available model of light bulb that:
- Uses the fewest watts for the necessary luminous flux or light output;
- Is compatible with the light fixture; and
- Is the most cost-effective, considering the factors described above.
Education Code 30.022(h-1), 44.903
[Policy CS for energy conservation measures related to outdoor lighting fixtures]
LONG-RANGE PLAN FOR UTILITIES
TSBVI shall develop and implement a long-range plan for the delivery of reliable, cost-effective utility services and submit the plan to the state energy conservation office upon request. TSBVI shall use the plan in preparing its five-year construction and major renovation plans. After other energy-saving or water-saving alternatives are considered, heating and cooling or on-site generation of electricity may be considered in planning for reliable, efficient, and cost-effective utility services. Government Code 447.002, 47.009
In cooperation with the Texas Facilities Commission, or the Texas Commission on Environmental Quality (TCEQ), TSBVI shall establish a program for the separation and collection of all recyclable materials generated by the School’s operations, including at a minimum, aluminum, steel containers, aseptic packaging, polycoated paperboard cartons, high-grade office paper, and corrugated cardboard. “Recyclable materials” include materials in a School’s possession that have been abandoned or disposed of by the School’s officers or employees or by any other person.
TSBVI shall also:
- Provide procedures for collecting and storing recyclable materials, provide containers for recyclable materials, and provide procedures for making contractual or other arrangements with buyers of recyclable materials.
- Evaluate the amount of recyclable material recycled and modify the recycling program as necessary to ensure that all recyclable materials are effectively and practicably recycled.
- Establish educational and incentive programs to encourage maximum employee participation.
Health and Safety Code 361.425, Education Code 30.022(h-1)
An owner, manager, operator, or other attendants in charge of a public swimming pool, wading pool, baby pool, hot tub, in-ground spa, spray fountain, or other artificial body of water typically used for recreational swimming, bathing, or play shall comply with relevant pool safety standards necessary to prevent drowning adopted by the executive commissioner of the Health and Human Services Commission. Health and Safety Code 341.0645; 25 TAC 265.181–.208
Each public pool and spa shall comply with the drain cover standards found at 15 U.S.C. Section 8003. “Public pool and spa’’ means a swimming pool or spa that is open to the public generally, whether for a fee or free of charge. 15 U.S.C.8003
Amended: 1/29/93, 11/19/93, 3/25/94, 1/24/97, 1/25/08, 4/6/18