Bill Text: IN HB1036 | 2013 | Regular Session | Introduced
Bill Title: Guaranteed energy savings contracts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Local Government [HB1036 Detail]
Download: Indiana-2013-HB1036-Introduced.html
Citations Affected: IC 36-1-12.5-3.
Synopsis: Guaranteed energy savings contracts. Provides that
qualified providers eligible to enter into guaranteed energy savings
contracts with local government entities also include persons providing
energy conservation design services by a licensed architect. (Current
law limits qualified providers to persons providing engineering services
by a licensed professional engineer.)
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) Before July 1, 1999, the term means a person that satisfies both of the following:
(A) The person is experienced in the design, implementation, and installation of energy conservation measures.
(B) The person submits to the school corporation or political subdivision a performance bond to ensure the qualified provider's faithful performance of the qualified provider's obligations over the term of the guaranteed energy savings contract.
(2) After June 30, 1999, the term means a person that satisfies all of the following:
(A) Subject to subdivision (3), the person is experienced in the design, implementation, and installation of energy
conservation measures.
(B) The person is certified and meets the requirements of
IC 4-13.6-4. The person's response to the request for proposals
must include a copy of the person's certificate of qualification
issued under IC 4-13.6-4.
(C) Subject to subdivision (3), the person provides energy
conservation engineering design services by an architect or
a professional engineer licensed under IC 25-4 or IC 25-31
who is under the person's direct employment and supervision.
The person's response to the request for proposals must
include the license number of each architect or professional
engineer employed by the person to satisfy the requirement of
this clause.
(D) The person provides:
(i) monitoring for the facility performance guarantee; and
(ii) service personnel under the person's direct employment
and supervision;
for the duration of the contract's guarantee.
(E) The person performs at least twenty percent (20%) of the
work (measured in dollars of the total contract price) with its
own workforce.
(F) The person submits to the school corporation or political
subdivision a performance bond to ensure the qualified
provider's faithful performance of the qualified provider's
obligations over the term of:
(i) the guaranteed energy savings contract; or
(ii) the guaranteed savings contract.
(3) With respect to conservation measures for which a contract is
executed after June 30, 2006, the term includes a person that
satisfies the following:
(A) The person is experienced in the design, implementation,
and installation of conservation measures.
(B) The person provides engineering design services with
respect to conservation measures by an architect or a
professional engineer licensed under IC 25-4 or IC 25-31 who
is under the person's direct employment and supervision. The
person's response to the request for proposals must include the
license number of each architect or professional engineer
employed by the person to satisfy the requirement of this
clause.
(b) For purposes of a guaranteed energy savings contract entered
into before July 1, 1999, a person who was a qualified provider under
subsection (a)(1) at the time the contract was entered into remains a
qualified provider for that contract after June 30, 1999. If the person
enters into:
(1) a guaranteed energy savings contract after June 30, 1999, and
before July 1, 2006, the person must satisfy the requirements of
subsection (a)(2); or
(2) a guaranteed savings contract after June 30, 2006, the person
must satisfy the requirements of subsection (a)(2) and (a)(3);
to be considered a qualified provider.