Text: S03315 Text: S03317 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 453 as follows: 1 2 #1. Page 37, by inserting after line 5 the 1 3 following: 1 4 "DIVISION ___ 1 5 ENERGY CONSERVATION 1 6 Sec. . NEW SECTION. 297A.l STATE POLICY. 1 7 The general assembly finds that investment in 1 8 energy conservation measures by public facilities can 1 9 reduce the amount of energy consumed by the facilities 1 10 and produce both immediate and long-term cost savings. 1 11 It is the policy of this state to encourage school 1 12 districts, area education agencies, community 1 13 colleges, public universities, municipalities, 1 14 counties, and state institutions to invest in facility 1 15 technology infrastructure upgrades and energy 1 16 conservation measures that reduce energy consumption, 1 17 produce a cost savings, or improve the quality of 1 18 indoor air, or when economically feasible, to build, 1 19 operate, maintain, or renovate public facilities in a 1 20 manner which will minimize energy consumption or 1 21 maximize energy savings. It is additionally the 1 22 policy of this state to encourage reinvestment of 1 23 energy savings resulting from energy conservation 1 24 measures into additional and continued energy 1 25 conservation efforts, including but not limited to 1 26 school instructional computer hardware, software, and 1 27 other technology equipment or training needs to 1 28 maintain or operate technology systems. The 1 29 department of natural resources, in consultation with 1 30 the department of education, shall adopt rules 1 31 pursuant to chapter 17A for the administration of 1 32 sections 297A.2, 297A.3, and 297A.4. 1 33 Sec. . NEW SECTION. 297A.2 DEFINITIONS. 1 34 As used in this chapter, unless the context 1 35 otherwise requires: 1 36 1. "Energy conservation measure and facility 1 37 technology infrastructure" means an employee training 1 38 program, facility alteration, or equipment to be used 1 39 in new construction that reduces energy costs and 1 40 includes, but is not limited to, any of the following: 1 41 a. Insulation of the facility structure or systems 1 42 within the facility. 1 43 b. Storm windows or doors, caulking or weather 1 44 stripping, multiple-glazed windows or doors, heat- 1 45 absorbing or heat-reflective glazed and coated window 1 46 or door systems, additional glazing, reductions in 1 47 glass area, or other window and door system 1 48 modifications that reduce energy consumption. 1 49 c. Automated or computerized energy control 1 50 systems including related software-required network 2 1 communication wiring, computer devices, wiring and 2 2 support services for building maintenance or delivery 2 3 of energy conservation services. Any cost for support 2 4 services that will continue beyond the length of the 2 5 contract shall be identified specifically in the 2 6 energy performance-based evaluation. Energy control 2 7 system technology infrastructure may also be used, as 2 8 applicable, for other public corporation technology 2 9 needs. Additional technology infrastructure 2 10 improvements may be implemented if the cost is 2 11 supported by the energy savings generated by other 2 12 energy conservation measures and facility technology 2 13 infrastructure. 2 14 d. Heating, ventilating, or air conditioning 2 15 system modifications or replacements. 2 16 e. Replacement or modification of lighting 2 17 fixtures to increase the energy efficiency of the 2 18 lighting system which, at a minimum, shall conform to 2 19 the applicable state or local building code. 2 20 f. Energy recovery systems. 2 21 g. Renewable energy systems, such as solar, 2 22 biomass, and wind. 2 23 h. Any measure not otherwise defined that produces 2 24 measurable energy cost savings or British thermal unit 2 25 reductions. 2 26 2. "Energy cost savings" means a measured 2 27 reduction in fuel, energy, or operation and 2 28 maintenance cost savings created from the 2 29 implementation of one or more energy conservation 2 30 measures and facility technology infrastructure when 2 31 compared with an established baseline for previous 2 32 fuel, energy, or operation and maintenance costs. 2 33 3. "Energy performance-based contract" means a 2 34 contract for the recommendation and implementation of 2 35 energy conservation measures and facility technology 2 36 infrastructure which includes, at a minimum, all of 2 37 the following: 2 38 a. The design and installation of equipment to 2 39 implement one or more energy conservation measures and 2 40 facility technology infrastructure, and, if 2 41 applicable, operation and maintenance of such 2 42 measures. 2 43 b. The amount of any actual annual energy and 2 44 operational cost savings. The amount shall be 2 45 guaranteed by the qualified provider and verified by a 2 46 professional engineer or registered architect 2 47 experienced in the field of energy conservation who is 2 48 not employed by or has contracted with the qualified 2 49 provider. The verification shall occur using a 2 50 process established by the department of natural 3 1 resources. 3 2 4. "Energy performance-based evaluation" means 3 3 performance of an energy audit, data collection, or 3 4 other related analyses preliminary to the undertaking 3 5 of energy conservation measures and facility 3 6 technology infrastructure, and maintenance of project 3 7 monitoring and data collection to verify 3 8 postinstallation energy consumption and energy-related 3 9 operating costs. The department of natural resources 3 10 shall establish guidelines that consider federal 3 11 energy management program guidelines. 3 12 5. "Maintenance cost savings" means auditable 3 13 operating expenses eliminated and future capital 3 14 replacement expenditures avoided as a result of new 3 15 equipment installed or services performed by the 3 16 qualified provider. 3 17 6. "Public corporation" means a school corporation 3 18 as described in chapters 273 and 274, a community 3 19 college as defined in chapter 260C, a public 3 20 university, city, county, or state agency. 3 21 7. "Qualified provider" means a business or person 3 22 that has been qualified by the department of natural 3 23 resources. The department of natural resources shall 3 24 adopt rules pursuant to chapter 17A to establish a 3 25 qualifications process. The process shall consider 3 26 accreditation by the national association of energy 3 27 service companies, certification by the association of 3 28 energy engineers, or professional licensure as an 3 29 engineer or registered architect in Iowa. A business 3 30 or person accredited by the national association of 3 31 energy service companies shall be qualified in Iowa. 3 32 Sec. . NEW SECTION. 297A.3 REQUESTS FOR 3 33 PROPOSALS EVALUATION. 3 34 1. Prior to entering into an energy performance- 3 35 based contract as provided in section 297A.4, a public 3 36 corporation shall announce a request for proposals. A 3 37 request for proposals shall be advertised for public 3 38 bidding and let publicly. The model request for 3 39 proposals format developed by the department of 3 40 natural resources shall be made available for use by 3 41 public corporations. The public corporation shall 3 42 administer the program, requesting innovative 3 43 solutions and proposals for energy conservation 3 44 measures and facility technology infrastructure. 3 45 Proposals submitted shall be sealed. If the model 3 46 request for proposals format is not used, the request 3 47 for proposals shall include, at a minimum, all of the 3 48 following: 3 49 a. Name and address of the public corporation. 3 50 b. Name, address, title, and telephone number of a 4 1 contact person for the public corporation. 4 2 c. Notice indicating that the public corporation 4 3 is requesting qualified providers to propose energy 4 4 conservation measures and facility technology 4 5 infrastructure to be provided pursuant to an energy 4 6 performance-based contract. 4 7 d. Date, time, and place where proposals must be 4 8 received. 4 9 e. Evaluation criteria for assessing the 4 10 proposals. 4 11 f. Any other stipulations and clarifications the 4 12 public corporation may require. 4 13 2. The public corporation shall evaluate any 4 14 sealed proposal from a qualified provider. Sealed 4 15 proposals shall be opened by a designated member or 4 16 employee of the governing body of the public 4 17 corporation at a public meeting during which the 4 18 contents of the proposals shall be announced. Each 4 19 person submitting a sealed proposal must receive at 4 20 least ten days' notice of the time and place of the 4 21 public meeting, published pursuant to the procedure 4 22 specified in this section. The public corporation 4 23 shall analyze each qualified provider's estimate of 4 24 the cost of design, engineering, installation, 4 25 maintenance, repairs, debt service, conversions to a 4 26 different energy or fuel source, and postinstallation 4 27 project monitoring, data collection, and reporting. 4 28 The evaluation shall include a detailed analysis of 4 29 whether the energy consumed or the operating costs, or 4 30 both, will be reduced. Selection of the qualified 4 31 provider shall, through either a request for proposals 4 32 process or a request for qualification process, 4 33 constitute selection of the best value based on life 4 34 cycle cost analysis of the component parts and systems 4 35 to the public corporation. The public corporation 4 36 shall enter into an energy performance-based contract. 4 37 Sec. . NEW SECTION. 297A.4 AWARD OF 4 38 GUARANTEED ENERGY COST SAVINGS CONTRACT. 4 39 1. A public corporation shall select a qualified 4 40 provider that best meets the needs of the public 4 41 corporation based on life cycle cost analysis. After 4 42 completing its evaluation of the proposals received 4 43 pursuant to section 297A.3, the public corporation 4 44 shall provide public notice of the meeting at which it 4 45 proposes to award an energy performance-based 4 46 contract. The notice shall contain the names of the 4 47 parties to the proposed contract and the purpose of 4 48 the contract. The public notice shall be published at 4 49 least ten days prior to the meeting, pursuant to the 4 50 procedure specified in section 297A.3. A public 5 1 corporation may enter into an energy performance-based 5 2 contract with a qualified provider if it finds, after 5 3 evaluating the proposal pursuant to section 297A.3, 5 4 that the total amount it would spend on the design, 5 5 implementation, financing and performance management 5 6 of the energy conservation measures and facility 5 7 technology infrastructure upgrades and modernization 5 8 measures recommended in the proposal would not exceed 5 9 the amount to be saved in either energy or operational 5 10 costs, or both, within a twenty-year period from the 5 11 date of installation or modification, based on life- 5 12 cycle costing calculations, if the recommendations in 5 13 the proposal are followed. Each individual 5 14 improvement must pay for itself within the useful life 5 15 of the equipment, as determined by the American 5 16 society of heating, refrigeration, and air 5 17 conditioning engineers. 5 18 2. A public corporation may enter into a financing 5 19 agreement as provided in sections 473.19, 473.20, and 5 20 473.20A, or may secure financing through a third party 5 21 for the purchase and installation of energy 5 22 conservation measures and facility technology 5 23 infrastructure upgrades and modernization measures. 5 24 Energy performance-based contracts may extend beyond 5 25 the fiscal year in which they become effective, and 5 26 may be automatically renewed annually for up to twenty 5 27 years. 5 28 3. A qualified provider shall be responsible for 5 29 the measurement and verification of the savings 5 30 generated by the energy conservation measures and 5 31 facility technology infrastructure upgrades and 5 32 modernization measures. The process to be used for 5 33 the measurement and verification shall follow the 5 34 guidelines of the federal energy management program. 5 35 A public corporation may have these savings verified 5 36 by a qualified independent third party on an annual 5 37 basis. The verification shall also include an annual 5 38 reconciliation of the guaranteed energy cost savings 5 39 until the project is repaid from energy savings. The 5 40 cost of this verification shall be a part of the 5 41 contract with the qualified provider. A business or 5 42 person accredited by the national association of 5 43 energy service companies shall be qualified in Iowa. 5 44 4. A selected qualified provider shall provide a 5 45 one hundred percent performance guarantee bond to the 5 46 public corporation for the installation and faithful 5 47 performance of the installed energy conservation 5 48 measures and facility technology infrastructure as 5 49 outlined in the energy performance-based contract. 5 50 5. A public corporation has the right to terminate 6 1 an energy performance-based contract at any time 6 2 provided that written notice to the qualified provider 6 3 is provided at least thirty days prior to termination. 6 4 All qualified providers shall include clear statements 6 5 and requirements regarding contract termination as 6 6 part of the contract documentation. The documentation 6 7 shall clearly state the options of the public 6 8 corporation to satisfy the contract early and include 6 9 all associated costs. The documentation shall also 6 10 state the rights of a public corporation under a 6 11 contract for terminating the contract due to 6 12 nonperformance, exercising performance bonds, and 6 13 shall list all costs and responsibilities for payment 6 14 of any remaining debt associated with energy and 6 15 operational savings projects already implemented. The 6 16 information and associated costs described in this 6 17 subsection shall be provided to a public corporation 6 18 before an energy performance-based contract is 6 19 approved. 6 20 6. An energy performance-based contract shall 6 21 include a written guarantee by a qualified provider 6 22 that the amount of any actual energy and operational 6 23 savings shall be guaranteed. The amount must also 6 24 meet or exceed the total annual contract payments, 6 25 including financing charges, made by the public 6 26 corporation over the life of the contract. A 6 27 qualified provider shall reimburse a public 6 28 corporation for any shortfall of guaranteed energy 6 29 cost savings projected in the contract. Actual 6 30 savings documentation shall be reconciled on an annual 6 31 basis as provided in the contract. Any savings 6 32 shortfall shall be made whole by the qualified 6 33 provider within sixty days. Excess documented and 6 34 mutually agreed upon savings may be carried over to 6 35 future years. A qualified provider shall provide the 6 36 public corporation with a one hundred percent 6 37 performance and payment bond for installation and 6 38 retrofit projects. A qualified provider shall 6 39 guarantee the savings for the length of the contract. 6 40 An energy performance-based contract may provide for 6 41 payments over a period of time, not to exceed twenty 6 42 years. Nothing in this chapter shall be construed to 6 43 prohibit local public corporations, school 6 44 corporations, or public universities from utilizing 6 45 savings created from energy conservation, in excess of 6 46 the amount needed to pay for the cost saving measures, 6 47 for discretionary budget operations including but not 6 48 limited to school instructional computer hardware, 6 49 software, technology training, upgrades, or other 6 50 similar uses." 7 1 #2. By renumbering as necessary. 7 2 7 3 7 4 7 5 DOUG SHULL 7 6 7 7 7 8 7 9 MIKE CONNOLLY 7 10 7 11 7 12 7 13 SF 453.203 80 7 14 tm/sh
Text: S03315 Text: S03317 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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