For projects whose primary purpose is to repair or to renovate energy or water systems an institution shall be required, in addition to the requirements of §17.21 of this title (relating to Application Procedures), to:

1. (1) award an Energy Savings Performance Contract; or
2. (2) demonstrate that an alternative to the use of an Energy Savings Performance Contract is in the best interest of the State.

Source Note:The provisions of this §17.41 adopted to be effective August 15, 2004, 29 TexReg 7687.