1. (a) Unless specified otherwise, these rules apply generally to state agencies and institutions of higher education that occupy state-owned buildings or that otherwise incur utility costs.

2. (b) Responsibilities of state agencies. All state agencies that occupy state-owned buildings are required to develop a Resource Efficiency Plan.

   1. (1) State agencies responsible for provision of utilities. A state agency that is responsible for the provision of utilities that are used in buildings or facilities of other state agencies shall have the primary responsibility for development and implementation of the Resource Efficiency Plan, with the assistance of the using agency.
   2. (2) Using agencies. Any state agency that occupies space in a state-owned building to which a managing state agency provides the utility service shall develop a Resource Efficiency Plan, tailored to the using agency's unique situation. The using agency shall assist and support the managing agency in the preparation and implementation of the managing agency's Resource Efficiency Plan. The using agency shall coordinate its Resource Efficiency Plan with the managing agency. The using agency shall cooperate with SECO and the managing agency to address utility management in the building.
   3. (3) Leased space. A state agency that occupies a building that the state does not own shall develop a Resource Efficiency Plan, tailored to the unique situation of the lessee, and shall cooperate with SECO in addressing the utility management of that leased space. This cooperation shall include taking actions to affect energy and water use and employee behavior to the extent that such actions can result in savings in utility related lease costs. A state agency that occupies non-state owned buildings shall prepare the Utility Awareness Plan that is described in §19.14(c)(5) of this title (relating to Utility Management Planning) and update the plan as required.

3. (c) Responsibilities of institutions of higher education.

   1. (1) State funded facilities. An institution of higher education that occupies a state-owned building shall develop a Resource Efficiency Plan for its state funded facilities.
   2. (2) Non-state funded (auxiliary) facilities. An institution of higher education may ask SECO for technical guidance to assist any of the institution's auxiliary enterprises in utility management to the extent that the assistance may result in a public benefit.
   3. (3) Leased space. An institution of higher education that occupies a building that the state does not own shall cooperate with SECO in addressing the utility management of the leased space. This cooperation shall include taking actions to affect energy and water use and user behavior to the extent that such actions can result in savings in utility related lease costs. An institution of higher education that occupies non-state owned buildings shall prepare the Utility Awareness Plan that is described in §19.14(c)(5) of this title (relating to Utility Management Planning) and update the plan as required.

Source Note:The provisions of this §19.12 adopted to be effective August 13, 2002, 27 TexReg 7168.