| (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.
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