SECTION 17.41. Delegation of Approval Authority for Energy Savings Performance Contracts

(a) Assistant Commissioner. The Board authorizes the appropriate Assistant Commissioner designated by the Commissioner to approve the following types of energy savings performance contracts, upon certification of authority by the proposing institution's governing board that the project meets all of the Board standards and statutory requirements:

(1) Less than $20 million in cost with a contract term of ten or fewer years from the date of installation; and

(2) $10 million or less in cost with a contract term greater than 10 years but less than or equal to 15 years from the date of installation.

(b) Board Standing Committee. The Board authorizes the standing committee designated to consider facilities rules and applications to approve the following types of energy savings performance contracts, upon certification of authority by the proposing institution's governing board that the project meets all of the specified Board standards and statutory requirements:

(1) Greater than $20 million in cost with a contract term of 15 or fewer years from the date of installation;

(2) Greater than $10 million but less than or equal to $20 million in cost with a contract term of greater than ten years but less than 20 years from the date of installation; and

(3) $10 million or less in cost with a contract term of greater than 15 years from the date of installation.

(c) Board. The Board shall consider for approval the following types of energy savings performance contracts. Contracts with a project cost of greater than $20 million and a contract term greater than 15 years from the date of installation.

(d) Any project that is not approved by a delegated party is immediately referred to the next higher-level approval authority.

(e) The Assistant Commissioner may refer projects to the appropriate Board Committee for review.

(f) Decisions of the Assistant Commissioner may be appealed to the appropriate Board Committee. Decisions of the Committee may be appealed to the Board.

Source Note: The provisions of this §17.41 adopted to be effective November 11, 2021, 46 TexReg 7604