Part 1.
COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 19.
STATE ENERGY CONSERVATION OFFICE
Subchapter A. GENERAL PROVISIONS
34 TAC §19.1, §19.2
The Comptroller of Public Accounts proposes new §19.1
and §19.2, concerning the purpose of the State Energy Conservation Office
(SECO) and the SECO business office location and mailing address. These new
sections are proposed under Texas Administrative Code, Title 34, Part 1, new
Chapter 19: State Energy Conservation Office: Subchapter A: General Provisions,
and relate to the functions and responsibilities of SECO, pursuant to House
Bill 2914, House Bill 2278, and House Bill 3286, 77th Legislature, 2001.
House Bill 2914, transfers to the comptroller all the functions and activities
of the General Services Commission that relate to energy conservation under
Government Code, Chapter 447 or Chapter 2305. Government Code, §447.001,
establishes the State Energy Conservation Office in the comptroller's office;
Government Code, §447.002, directs the state energy conservation office
to make rules relating to the adoption and implementation of energy conservation
programs applicable to state buildings and facilities; and Government Code, §2305.011,
authorizes the comptroller to adopt rules as necessary to administer the programs
prescribed by Government Code, Chapter 2305, relating to restitution for oil
overcharges. These provisions of House Bill 2914 were effective immediately.
House Bill 2278, September 1, 2001, amends Government Code, Chapter 447
and Chapter 2305, relating to the consolidation and functions of the Energy
Management Center and the State Energy Conservation Office and to the transfer
of the powers and duties of the center and the office to the comptroller's
office.
House Bill 3286, effective September 1, 2001, amends Government Code, Chapter
447, to include water conservation along with energy conservation among the
duties of the State Energy Conservation Office relating to state buildings
and facilities.
James LeBas, Chief Revenue Estimator, has determined that for the first
five-year period the rules will be in effect, there will be no significant
revenue impact on the state or units of local government.
Mr. LeBas also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rule will be minimizing or helping to control utility costs incurred by
state agencies and institutions of higher education, reducing energy and water
consumption, and facilitating long range utility management planning by state
agencies and institutions of higher education, leading to more fiscally responsible
government. There is no significant anticipated economic cost to individuals
who are required to comply with the proposed rules. There are no significant
anticipated fiscal implications for small businesses.
Comments on the proposal may be submitted to Dub Taylor, Manager, State
Energy Conservation Office, Comptroller of Public Accounts, P.O. Box 13528,
Austin, Texas 78711- 3528.
These new sections are proposed under Government Code, §447.002
and §2305.011, which authorize the comptroller and the State Energy Conservation
Office to adopt rules relating to energy and water conservation for state
buildings and facilities and to the LoanSTAR Revolving Loan Program.
The new sections implement Government Code, §§447.001, 447.002,
and 2305.032.
§19.1.Purpose of the State Energy Conservation Office.
The State Energy Conservation Office (SECO) is the designated successor
to the Energy Management Center that was originally established in 1987 in
the governor's office and reestablished in 1995 in the General Services Commission.
SECO is now under the direction and control of the comptroller. Pursuant to
Government Code, Chapter 447, SECO was created to develop and provide energy
and water conservation information for the state and to implement energy and
water conservation programs that apply to state buildings and facilities.
Pursuant to Government Code, Chapter 2305, SECO was created to manage the
programs that relate to the Oil Overcharge Restitutionary Act.
§19.2.State Energy Conservation Office Business Location and Mailing Address.
The business office of the State Energy Conservation Office (SECO)
is located at Lyndon Baines Johnson (LBJ) State Office Building, 111 E. 17th
Street, Suite 1114, Austin, Texas 78774. The mailing address for SECO is:
State Energy Conservation Office, Comptroller of Public Accounts, P.O. Box
13528, Austin, Texas 78711-3528.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the
Secretary of State on February 4, 2002.
TRD-200200688
Martin Cherry
Deputy General Counsel for Taxation
Comptroller of Public Accounts
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 463-3699
34 TAC §§19.11 - 19.19
The Comptroller of Public Accounts proposes new §§19.11-19.19,
concerning state facility energy and water management. These new sections
are proposed under Texas Administrative Code, Title 34, Part 1, new Chapter
19: State Energy Conservation Office, Subchapter B: State Facility Energy
and Water Management, and relate to the functions and responsibilities of
SECO, pursuant to House Bill 2914, House Bill 2278, and House Bill 3286, 77th
Legislature, 2001.
House Bill 2914, transfers to the comptroller all the functions and activities
of the General Services Commission that relate to energy conservation under
Government Code, Chapter 447 or Chapter 2305. Government Code, §447.001,
establishes the State Energy Conservation Office in the comptroller's office;
Government Code, §447.002, directs the State Energy Conservation Office
to develop rules relating to the adoption and implementation of energy conservation
programs applicable to state buildings and facilities; and Government Code, §2305.011,
authorizes the comptroller to adopt rules as necessary to administer the programs
prescribed by Government Code, Chapter 2305, relating to restitution for oil
overcharges. These provisions of House Bill 2914 were effective immediately.
House Bill 2278, September 1, 2001, amends Government Code, Chapter 447
and Chapter 2305, relating to the consolidation and functions of the Energy
Management Center and the State Energy Conservation Office and to the transfer
of the powers and duties of the center and the office to the comptroller's
office.
House Bill 3286, effective September 1, 2001, amends Government Code, Chapter
447, to include water conservation along with energy conservation among the
duties of the State Energy Conservation Office relating to state buildings
and facilities.
Section 19.11 states the purpose of the rules related to state facility
energy and water management; §19.12 provides that the rules apply generally
to state agencies and institutions of higher education that occupy state-owned
buildings or that otherwise incur utility costs; §19.13 provides definitions
of terms used in 34 TAC, Chapter 19, Subchapter B; §19.14 proposes the
requirements for utility management planning for state agencies and institutions
of higher education; §19.15 addresses implementation of the Resource
Efficiency Plan recommendations; §19.16 outlines the proposed requirements
for the Long Range Utility Services Plan; §19.17 requires each state
agency and institution of higher education to review and audit utility billings
and contracts to detect billing errors; §19.18 specifies the requirements
for semiannual reporting; §19.19 outlines the process for obtaining an
extension of time to file plans and reports.
James LeBas, Chief Revenue Estimator, has determined that for the first
five-year period the rules will be in effect, there will be no significant
revenue impact on the state or units of local government.
Mr. LeBas also has determined that for each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
the rule will be minimizing or helping to control utility costs incurred by
state agencies and institutions of higher education, reducing energy and water
consumption, and facilitating long range utility management planning by state
agencies and institutions of higher education, leading to more fiscally responsible
government. There is no significant anticipated economic cost to individuals
who are required to comply with the proposed rules. There are no significant
anticipated fiscal implications for small businesses.
Comments on the proposal may be submitted to Dub Taylor, Manager, State
Energy Conservation Office, Comptroller of Public Accounts, P.O. Box 13528,
Austin, Texas 78711- 3528.
These new sections are proposed under Government Code, §447.002
and §2305.011, which authorize the comptroller and the State Energy Conservation
Office to adopt rules relating to energy and water conservation for state
buildings and facilities and to the LoanSTAR Revolving Loan Program.
The new sections implement Government Code, §§447.001, 447.002,
and 2305.032.
§19.11.Purpose of Rules.
The purpose of the rules that pertain to state facility energy and
water management is to achieve measurable cost effective utility and related
operational efficiency improvements, and to reduce unnecessary consumption
of natural resources by state agencies and institutions of higher education.
§19.12.Application.
(a)
Unless specified otherwise, these rules apply generally
to state agencies and institutions of higher education that occupy state-owned
buildings or that otherwise incur utility costs.
(b)
Responsibilities of state agencies. All state agencies
that occupy state-owned buildings are required to submit a Resource Efficiency
Plan to the State Energy Conservation Office (SECO).
(1)
State agencies responsible for provision of utilities.
A state agency that is responsible for the supply of utilities that are used
in buildings or facilities of other state agencies shall have the primary
responsibility for development and implementation of the Resource Efficiency
Plan, with the assistance of the using agency.
(2)
Using agencies. Any state agency that occupies space in
a state-owned building to which a managing state agency provides the utility
service shall submit to SECO a Resource Efficiency Plan, which addresses applicable
provisions, and shall assist the managing agency in the preparation and implementation
of the managing agency's Resource Efficiency Plan. The using agency shall
coordinate its Resource Efficiency Plan with the managing agency.
(3)
Leased space. A state agency that occupies a building that
the state does not own shall submit to SECO a Resource Efficiency Plan, which
addresses applicable provisions, and shall cooperate with SECO in addressing
the utility management of that leased space. This cooperation shall include
taking actions to affect energy and water use and employee behavior to the
extent that such actions can result in savings in utility related lease costs.
A state agency that occupies non-state owned buildings shall prepare and submit
the Utility Awareness Plan that is described in §19.14(c)(5) of this
title (relating to Utility Management Planning) and update the plan as required.
(c)
Responsibilities of institutions of higher education.
(1)
State funded facilities. An institution of higher education
that occupies a state-owned building shall submit a Resource Efficiency Plan
to SECO for its state funded facilities.
(2)
Non-state funded (auxiliary) facilities. An institution
of higher education may ask SECO for technical guidance to assist any of the
institution's auxiliary enterprises in utility management to the extent that
the assistance may result in a public benefit.
(3)
Leased space. An institution of higher education that occupies
a building that the state does not own shall cooperate with SECO in addressing
the utility management of the leased space. This cooperation shall include
taking actions to affect energy and water use and user behavior to the extent
that such actions can result in savings in utility related lease costs. An
institution of higher education that occupies non-state owned buildings shall
prepare and submit the Utility Awareness Plan that is described in §19.14(c)(5)
of this title (relating to Utility Management Planning) and update the plan
as required.
§19.13.Definitions.
The following words and terms, when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Available funding--Any funds that are appropriated for
utility efficiency improvements or related capital upgrades, repairs, maintenance,
and operations of utility systems; funds that would ordinarily be allocated
to pay for utility expenses; and funding from a financing method that is prescribed
by Government Code, §2166.406.
(2)
Comprehensive project--All utility related facility and
operational improvements which, when considered together, can cost effectively
be implemented at one time.
(3)
Cost effective measure--Efficiency measures that individually
or as a group create measurable and verifiable utility cost savings that are
at least as great as their cost within their useful life, not to exceed 15
years.
(4)
Five-year Energy Management Plan--A comprehensive plan
that consists of a Resource Efficiency Plan and a Long Range Utility Services
Plan.
(5)
Institution of higher education--Has the meaning that is
assigned by Education Code, §61.003.
(6)
Managing state agency--A state agency that is responsible
for the supply of utilities used in buildings or facilities of other state
agencies.
(7)
Resource efficiency measure--Any cost effective measure
that is designed to reduce utility consumption and related operating costs
of governmental facilities.
(8)
Resource Efficiency Plan--A comprehensive biennial plan
that a state agency or institution of higher education prepares and that identifies
potential cost effective measures for minimizing utility consumption and costs
in all agency facilities and buildings, along with implementation schedules
and methods of financing the measures as outlined in this chapter.
(9)
State agency--Any department, commission, board, office,
or other agency in the executive, judicial, or legislative branch of state
government that exists under the constitution or a statute of this state and
that has authority that is not limited to a geographical portion of the state.
(10)
Using agency--An instrumentality of the state that occupies
and uses a state-owned building or facility that another state agency manages.
(11)
Utility--Electricity, gas, thermal, or other energy resource,
water, and wastewater.
(12)
Utility Assessment Report--An assessment of utility and
utility related operational efficiency that is prepared by, or under the supervision
of, a person who is registered as a professional engineer under the Texas
Engineering Practice Act, and which identifies each of the cost effective
utility and utility related operational efficiency measures or practices that
apply to the buildings or facilities of a state agency or institution of higher
education as required by this chapter.
§19.14.Utility Management Planning.
(a)
Plan requirement. The head of a state agency or an institution
of higher education as outlined in §19.12 of this title (relating to
Application) shall submit to the State Energy Conservation Office (SECO) a
Resource Efficiency Plan for approval.
(b)
Submission date. The Resource Efficiency Plan shall be
submitted by October 31 of each even numbered year beginning October 31, 2002.
(c)
Contents of plan. The Resource Efficiency Plan shall include,
at a minimum, the following:
(1)
a summary of the overall strategy and goals for addressing
utility use at state-owned buildings or facilities;
(2)
a UtilityAssessment Report (UAR) for a representative number
of the state-owned buildings or facilities that the state agency or institution
of higher education occupies, and a projected schedule that outlines the plans
for completion of a UAR for all the remaining state-owned buildings or facilities
that the agency or institution occupies. The UAR should detail recommendations
for cost effective resource efficiency measures that could be implemented
to reduce utility consumption and/or utility costs;
(3)
an Implementation Schedule that describes how the agency
or institution plans to achieve the agency established goals and implement
the recommended cost effective resource efficiency measures that are identified
in the UAR, and a strategy for monitoring the status of implementation of
the Resource Efficiency Plan;
(4)
a Finance Strategy that describes how the agency or institution
plans to obtain funding for the recommended cost effective efficiency measures;
(5)
a Utility Awareness Plan through which the agency or institution
will educate its personnel on utility conservation methods and practices;
(6)
an Asset Management Inventory that describes the agency's
or institution's buildings or facilities, in a format that SECO prescribes;
(7)
a two-year history of utility use and expenditures for
the buildings and facilities that are identified in the Asset Management Inventory,
in a format that SECO prescribes, including, without limitation, the rates
for utilities that are charged to, and the amount of utilities that are used
by, the agency or institution.
(8)
a Savings Monitoring and Evaluation Plan that describes
the plans for monitoring and evaluating utility efficiency savings as a result
of implementation of the recommendations in the UAR;
(9)
a Project Implementation Update that outlines the progress
over the previous two years in implementation of the recommendations that
are contained in the previous Resource Efficiency Plan, including a summary
of the results of the projects in terms of utility efficiency and cost savings;
(10)
the name and address of the designated official at the
agency or institution who is responsible for implementation of the recommendations
in the Resource Efficiency Plan, and the name and address of an agency or
institution contact person for the Resource Efficiency Plan;
(11)
any Resource Efficiency Plans that using agencies have
prepared.
(d)
The plan for a using agency or for an agency that leases
space shall include only those provisions of subsection (c) of this section
that apply to the occupying agency's situation.
§19.15.Implementation of Resource Efficiency Plan Recommendations.
A state agency shall implement the cost effective utility conservation
measures in accordance with the timelines and recommendations that are contained
in the agency's Resource Efficiency Plan, if the measures meet the eligibility
requirements of Government Code, §2166.406, and to the extent of available
funding. To the extent feasible, utility and utility related operational improvements
that are made to each building or facility shall be implemented through comprehensive
projects in order to optimize the scope of each project. Through implementation
of the Resource Efficiency Plan recommendations, state agencies shall adopt
qualified cost effective efficiency measures for all state-owned facilities
by September 1, 2006.
§19.16.Long Range Utility Services Plan.
A state agency or institution of higher education that purchases utilities
shall prepare and submit to the State Energy Conservation Office (SECO) a
long range plan for the delivery of reliable, cost-effective utility services
for the agency or institution. This plan may be submitted in conjunction with,
or as part of, the Resource Efficiency Plan. The agency or institution shall
update the Long Range Utility Services Plan at least every five years to support
five-year construction and major renovation planning.
§19.17.Utility Bill Review.
Each state agency or institution of higher education shall review and
audit utility billings and contracts to detect billing errors.
§19.18.Semiannual Reporting.
Each state agency that has prepared a Resource Efficiency Plan under
this chapter shall semiannually provide to the State Energy Conservation Office
(SECO) a status report, in a form that SECO prescribes, that discusses the
progress that the agency has made in the implementation of its Resource Efficiency
Plan and in the reduction of utility costs through adherence to the Resource
Efficiency Plan. SECO shall prescribe the form and content of the report,
and will report the information to the Legislative Budget Board.
§19.19.Extension of Time.
A state agency or institution of higher education may apply to the
State Energy Conservation Office (SECO) for an extension of time to submit
any plan or report submission that is required under this chapter. The request
should be submitted in writing to SECO prior to the deadline for submission
of the plan or report. The request should outline the reasons that support
the grant of the extension. SECO may grant the request for good cause shown.
This agency hereby certifies that these proposals have been reviewed by legal
counsel and found to be within the agency's authority to adopt. Issued in
Austin, Texas, on February 4, 2002. MARTIN E. CHERRY Deputy General Counsel
for Taxation Comptroller of Public Accounts
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the
Secretary of State on February 4, 2002.
TRD-200200689
Martin Cherry
Deputy General Counsel for Taxation
Comptroller of Public Accounts
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 463-3699
Subchapter B. STATE FACILITY ENERGY AND WATER MANAGEMENT
Subchapter C. ENERGY CONSERVATION DESIGN STANDARDS