SECTION 17.42. Additional Requirements

(a) In addition to those outlined in §17.21 of this title (Relating to Submission Procedures), each institution must include a statement with the application, certified by a Professional Engineer licensed in the State of Texas who shall not be an officer or employee of the offeror for the contract, the institution seeking approval, or otherwise associated with the contract, that the contract meets the following guidelines:

(1) The contract complies with any and all applicable federal, state and local statutes;

(2) The contract contains an energy audit report, a Measurement and Verification plan that conforms to the International Performance Measurement and Verification Protocol (IPMPV) or a case-specific methodology conforming to IPMVP principles, and a detailed calculation of energy savings as a direct result of the project;

(3) The savings achieved over the specified term is equal to or greater than the cost of the project; and

(4) The contract meets the guidelines specified in Texas Education Code, §51.927, (relating to Energy Savings Performance Contracts).

(b) In addition to those outlined in §17.21 of this title (Relating to Submission Procedures), the institution's chief financial officer and general counsel must include a written certification that they have reviewed the energy contract and that the costs do not exceed the guaranteed savings and that other legal provisions are in compliance with applicable laws and statutes.

(c) The institution shall provide to the Board a copy of the signed contract within 30 days of the effective date of the contract.

Source Note: The provisions of this §17.42 adopted to be effective November 11, 2021, 46 TexReg 7604