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TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 17RESOURCE PLANNING
SUBCHAPTER BBOARD APPROVAL
RULE §17.12Delegation of Approval Authority

(a) Assistant Commissioner. The Board authorizes the Assistant Commissioner for Strategic Planning and Funding 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) Less than $20 million in cost with a contract term of ten or fewer years; and

  (2) $10 million or less in cost with a contract term greater than 10 years but less than or equal to 15 years

(b) Committee on Affordability, Accountability and Planning. The Board authorizes the Committee 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; and

  (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.

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

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

(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 Committee for review.

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


Source Note: The provisions of this §17.12 adopted to be effective May 22, 2017, 42 TexReg 2718

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