Sec. 2166.403.  ALTERNATIVE ENERGY AND ENERGY-EFFICIENT ARCHITECTURAL AND ENGINEERING DESIGN IN NEW BUILDING CONSTRUCTION.  (a)  This section applies to the construction of a new state building, including a building construction project otherwise exempt from this chapter under Section 2166.003.
(b)  Except as provided by Subsection (c-1), during the planning phase of the proposed construction, the commission, or the governing body of the appropriate agency that is undertaking a project otherwise exempt from this chapter under Section 2166.003, must present a detailed written evaluation at an open meeting to verify the economic feasibility of:
(1)  using energy-efficient architectural or engineering design alternatives; or
(2) incorporating into the building's design and proposed energy system alternative energy devices for space heating and cooling, water heating, electrical loads, and interior lighting.
(b-1)  A detailed written evaluation under Subsection (b) must be made available to the public at least 30 days before the open meeting at which it is presented.
(b-2)  In each detailed written evaluation under Subsection (b), the commission or governing body shall determine economic feasibility for each function by comparing the estimated cost of providing energy for all or part of the function using conventional design practices and energy systems or operating under conventional architectural or engineering designs with the estimated cost of providing energy for all or part of the function using alternative energy devices or operating under alternative energy-efficient architectural or engineering designs during the economic life of the building.  The comptroller's state energy conservation office, or its successor, must approve any methodology or electronic software used by the commission or governing body, or an entity contracting with the commission or governing body, to make a comparison or determine feasibility under this subsection.
(c)  If the use of alternative energy devices or energy-efficient architectural design alternatives for a particular function is determined to be economically feasible under Subsection (b-2), the commission or governing body shall include the use of alternative energy devices or energy-efficient architectural design alternatives for that function in the construction plans.
(c-1)  For a project constructed by and for a state institution of higher education, the institution shall, during the planning phase of the proposed construction for the project, verify the economic feasibility of incorporating into the building's design and proposed energy system alternative energy devices for space heating and cooling functions, water heating functions, electrical load functions, and interior lighting functions.  The institution shall determine the economic feasibility of each function listed in this subsection by comparing the estimated cost of providing energy for the function, based on the use of conventional design practices and energy systems, with the estimated cost of providing energy for the function, based on the use of alternative energy devices, during the economic life of the building.
(c-2)  If the use of alternative energy devices for a specific function is determined to be economically feasible under Subsection (c-1), the governing body shall include the use of alternative energy devices for that function in the construction plans for the project.
(d)  In this section:
(1)  "Alternative energy" means a renewable energy resource.  The term includes solar energy, biomass energy, geothermal energy, and wind energy.
(2)  "Alternative energy collector" means an assembly, structure, or design, including passive elements, used to absorb, concentrate, convert, reflect, or otherwise capture or redirect alternative energy for later use as thermal, mechanical, or electrical energy.
(3)  "Alternative energy device" means an alternative energy collector or alternative energy storage mechanism that collects, stores, or distributes alternative energy.
(4)  "Alternative energy storage mechanism" means equipment, components, or elements designed and used to store for later use alternative energy captured by an alternative energy collector in the form in which the energy will eventually be used or in an intermediate form.  The term includes thermal, electrochemical, chemical, electrical, and mechanical storage mechanisms.
(5)  "Biomass energy" means energy that is created in living plants through photosynthesis.
(6)  "Solar energy" means energy from the sun that may be collected and converted into useful thermal, mechanical, or electrical energy.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by: 
Acts 2005, 79th Leg., Ch. 856 (S.B. 982), Sec. 3, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 856 (S.B. 982), Sec. 4, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 856 (S.B. 982), Sec. 5, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 4.03, eff. June 17, 2011.