HB 1848-1_ Filed 02/17/2005, 10:13
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
9
NO:
3
MR. SPEAKER:
Your Committee on Environmental Affairs , to which was referred House Bill
1848 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 20-5-2-2; (05)AM184801.1. -->
SECTION 1. IC 20-5-2-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. In carrying out the
school purposes of each school corporation, its governing body acting
on its behalf
shall have the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where permitted
by law, other buildings, facilities, property, and equipment
therefor.
(2.5) To appropriate from the general fund an amount, not to
exceed the greater of three thousand dollars ($3,000) per budget
year or one dollar ($1) per pupil, not to exceed twelve thousand
five hundred dollars ($12,500), based upon the school
corporation's previous year's average daily membership (as
defined in IC 21-3-1.6-1.1) for the purpose of promoting the best
interests of the school corporation by:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(3) To acquire, construct, erect, maintain, hold, and to contract for
such construction, erection, or maintenance of such real estate,
real estate improvements, or any interest in either, as the
governing body deems necessary for school purposes, including
but not limited to buildings, parts of buildings, additions to
buildings, rooms, gymnasiums, auditoriums, playgrounds, playing
and athletic fields, facilities for physical training, buildings for
administrative, office, warehouse, repair activities, or housing of
school owned buses, landscaping, walks, drives, parking areas,
roadways, easements and facilities for power, sewer, water,
roadway, access, storm and surface water, drinking water, gas,
electricity, other utilities and similar purposes, by purchase, either
outright for cash (or under conditional sales or purchases money
contracts providing for a retention of a security interest by seller
until payment is made or by notes where such contract, security
retention, or note is permitted by applicable law), by exchange, by
gift, by devise, by eminent domain, by lease with or without
option to purchase, or by lease under IC 21-5-10, IC 21-5-11, or
IC 21-5-12. To repair, remodel, remove, or demolish any such real
estate, real estate improvements, or interest in either, as the
governing body deems necessary for school purposes, and to
contract therefor. To provide for
energy conservation measures
through utility
energy efficiency programs or under a guaranteed
energy savings contract as described in IC 36-1-12.5.
(4) To acquire such personal property or any interest therein as the
governing body deems necessary for school purposes, including
but not limited to buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by outright
purchase for cash, or under conditional sales or purchase money
contracts providing for a security interest by the seller until
payment is made or by notes where such contract, security,
retention, or note is permitted by applicable law, by gift, by
devise, by loan, or by lease with or without option to purchase and
to repair, remodel, remove, relocate, and demolish such personal
property. All purchases and contracts delineated under the powers
given under subdivision (3) and this subdivision shall be are
subject solely to applicable law relating to purchases and
contracting by municipal corporations in general and to the
supervisory control of agencies of the state as provided in section
3 of this chapter.
(5) To sell or exchange any of such real or personal property or
interest therein, which in the opinion of the governing body is not
necessary for school purposes, in accordance with IC 20-5-5, to
demolish or otherwise dispose of such property if, in the opinion
of the governing body, it is not necessary for school purposes and
is worthless, and to pay the expenses for such demolition or
disposition.
(6) To lease any school property for a rental which the governing
body deems reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children aged five (5) through fourteen (14) years that operates
before or after the school day, or both, and during periods
when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if the property subject to a long term lease is being paid
for from money in the school corporation's debt service fund, then
all proceeds from the long term lease shall be are deposited in that
school corporation's debt service fund so long as the property has
not been paid for. The governing body may, at its option, use the
procedure specified in IC 36-1-11-10 in leasing property under
this subdivision.
(7) To employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-6.1-3), business managers, superintendents of buildings and
grounds, janitors, engineers, architects, physicians, dentists,
nurses, accountants, teacher aides performing noninstructional
duties, educational and other professional consultants, data
processing and computer service for school purposes, including
but not limited to the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where approved
by the state board of accounts as provided below, and such other
personnel or services, all as the governing body considers
necessary for school purposes. To fix and pay the salaries and
compensation of such persons and such services. To classify such
persons or services and to adopt schedules of salaries or
compensation. To determine the number of such persons or the
amount of services thus employed or contracted for. To determine
the nature and extent of their duties. The compensation, terms of
employment, and discharge of teachers shall, however, be are
subject to and governed by the laws relating to employment,
contracting, compensation, and discharge of teachers. The
compensation, terms of employment, and discharge of bus drivers
shall be are subject to and shall be are governed by any laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of such school corporation shall be submitted to the state
board of accounts for approval to the end that such services shall
be are used by the school corporation when the governing body
determines that it is in the best interests of the school corporation
while at the same time providing reasonable accountability for the
funds expended.
(8) Notwithstanding the appropriation limitation in subdivision
(2.5), when the governing body by resolution deems a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including but not limited to attending meetings, conferences, or
examining equipment, buildings, and installation in other areas, to
permit such employee to be absent in connection with such trip
without any loss in pay and to refund to such
employee or to such
member
his the employee's or member's reasonable hotel and
board bills and necessary transportation expenses. To pay
teaching personnel for time spent in sponsoring and working with
school related trips or activities.
(9) To transport children to and from school, when in the opinion
of the governing body such transportation is necessary, including
but not limited to considerations for the safety of such children
and without regard to the distance they live from the school, such
transportation to be otherwise in accordance with the laws
applicable thereto.
(10) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including but not
limited to the establishment of kitchens, kitchen facilities, kitchen
equipment, lunch rooms, the hiring of the necessary personnel to
operate such program, and the purchase of any material and
supplies therefor, charging students for the operational costs of
such lunch program, fixing the price per meal or per food item. To
operate such lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in any
surplus commodity or lunch aid program.
(11) To purchase textbooks, to furnish them without cost or to rent
them to students, to participate in any textbook aid program, all in
accordance with applicable law.
(12) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(13) To levy taxes, to make budgets, to appropriate funds, and to
disburse the money of the school corporation in accordance with
the laws applicable thereto. To borrow money against current tax
collections and otherwise to borrow money, in accordance with
IC 20-5-4.
(14) To purchase insurance or to establish and maintain a program
of self-insurance relating to the liability of the school corporation
or its employees in connection with motor vehicles or property
and for any additional coverage to the extent permitted and in
accordance with IC 34-13-3-20. To purchase additional insurance
or to establish and maintain a program of self-insurance protecting
the school corporation and members of the governing body,
employees, contractors, or agents of the school corporation from
any liability, risk, accident, or loss related to any school property,
school contract, school or school related activity, including but not
limited to the purchase of insurance or the establishment and
maintenance of a self-insurance program protecting such persons
against false imprisonment, false arrest, libel, or slander for acts
committed in the course of their employment, protecting the
school corporation for fire and extended coverage and other
casualty risks to the extent of replacement cost, loss of use, and
other insurable risks relating to any property owned, leased, or
held by the school corporation. To:
(A) participate in a state employee health plan under
IC 5-10-8-6.6;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, which may include
accident, sickness, health, or dental coverage, provided that any
plan of self-insurance shall include an aggregate stop-loss
provision.
(15) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state government, the federal government, or
from any other source.
(16) To defend any member of the governing body or any
employee of the school corporation in any suit arising out of the
performance of his the member's or employee's duties for or
employment with, the school corporation, provided the governing
body by resolution determined that such action was taken in good
faith. To save any such member or employee harmless from any
liability, cost, or damage in connection therewith, including but
not limited to the payment of any legal fees, except where such
liability, cost, or damage is predicated on or arises out of the bad
faith of such member or employee, or is a claim or judgment
based on his the member's or employee's malfeasance in office
or employment.
(17) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures for the government and management
of the schools, property, facilities, and activities of the school
corporation, its agents, employees, and pupils and for the
operation of its governing body, which rules, regulations, and
procedures may be designated by any appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(18) To ratify and approve any action taken by any member of the
governing body, any officer of the governing body, or by any
employee of the school corporation after such action is taken, if
such action could have been approved in advance, and in
connection therewith to pay any expense or compensation
permitted under IC 20-5-1 through IC 20-5-6 or any other law.
(19) To exercise any other power and make any expenditure in
carrying out its general powers and purposes provided in this
chapter or in carrying out the powers delineated in this section
which is reasonable from a business or educational standpoint in
carrying out school purposes of the school corporation, including
but not limited to the acquisition of property or the employment
or contracting for services, even though such power or
expenditure shall not be is specifically set out herein. The specific
powers set out in this section shall not be construed to limit the
general grant of powers provided in this chapter except where a
limitation is set out in IC 20-5-1 through IC 20-5-6 by specific
language or by reference to other law.
SOURCE: IC 36-1-12-1; (05)AM184801.2. -->
SECTION 2. IC 36-1-12-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Except as
provided in this section, this chapter applies to all public work
performed or contracted for by:
(1) political subdivisions; and
(2) their agencies;
regardless of whether it is performed on property owned or leased by
the political subdivision or agency.
(b) This chapter does not apply to an officer or agent who, on behalf
of a municipal utility, maintains, extends, and installs services of the
utility if the necessary work is done by the employees of the utility.
(c) This chapter does not apply to hospitals organized or operated
under IC 16-22-1 through IC 16-22-5 or IC 16-23-1, unless the public
work is financed in whole or in part with cumulative building fund
revenue.
(d) This chapter does not apply to tax exempt Indiana nonprofit
corporations leasing and operating a city market owned by a political
subdivision.
(e) As an alternative to this chapter, the governing body of a school
corporation may participate in a utility energy efficiency program or
may enter into a guaranteed energy savings contract as permitted under
IC 36-1-12.5.
(f) This chapter does not apply to a person that has entered into an
operating agreement with a political subdivision or an agency of a
political subdivision under IC 5-23.
SOURCE: IC 36-1-12.5-0.7; (05)AM184801.3. -->
SECTION 3. IC 36-1-12.5-0.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 0.7. As used in this
chapter, "causally connected work" means work that is required to
properly implement an energy a conservation measure.
SOURCE: IC 36-1-12.5-1; (05)AM184801.4. -->
SECTION 4. IC 36-1-12.5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter "energy "conservation measure":
(1) means:
(A) a school facility alteration; or
(B) an alteration of a structure (as defined in IC 36-1-10-2 or
as referred to in IC 36-1-12-2);
(C) a training program; or
(D) a technology upgrade;
designed to reduce energy or water consumption costs,
wastewater costs, or other operating costs; including and
(2) includes the following:
(1) (A) Providing insulation of the school facility or structure
and systems within in the school facility or structure.
(2) (B) Installing or providing for window and door systems,
including:
(A) (i) storm windows and storm doors;
(B) (ii) caulking or weatherstripping;
(C) (iii) multi-glazed windows and doors;
(D) (iv) heat absorbing or heat reflective glazed and coated
windows and doors;
(E) (v) additional glazing;
(F) (vi) the reduction in glass area; and
(G) (vii) other modifications that reduce energy
consumption.
(3) (C) Installing automatic energy control systems.
(4) (D) Modifying or replacing heating, ventilating, or air
conditioning systems.
(5) (E) Unless an increase in illumination is necessary to
conform to Indiana laws or rules or local ordinances,
modifying or replacing lighting fixtures to increase the energy
efficiency of the lighting system without increasing the overall
illumination of a facility or structure.
(6) (F) Providing for other energy conservation measures that
provide billable revenue increases or reduce energy or
water consumption, or reduce operating costs, or reduce
wastewater costs, including future:
(A) (i) labor costs;
(B) (ii) costs or revenues for contracted services; and
(C) (iii) related capital expenditures.
(G) Installing an energy recovery system.
(H) Installing cogeneration systems that produce:
(i) steam; or
(ii) forms of energy such as heat or electricity;
for use primarily in a building or complex of buildings.
(I) Installing water and sewer conservation measures,
including:
(i) plumbing fixtures; and
(ii) infrastructure.
(J) Installing equipment upgrades that improve accuracy
of billable revenue generating systems.
(K) Installing automated, electronic, or remotely controlled
systems or measures that reduce direct personnel costs.
SOURCE: IC 36-1-12.5-1.5; (05)AM184801.5. -->
SECTION 5. IC 36-1-12.5-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.5. As used in this
chapter, "governing body" means the following:
(1) With respect to school corporations, the governing body (as
defined in IC 20-10.1-1-5).
(2) With respect to a public library, the library board (as defined
in IC 20-14-1-2).
(3) With respect to a library described in IC 20-14-7-6, the
trustees of the library.
(4) With respect to other political subdivisions, units, the
legislative body (as defined in IC 36-1-2-9).
(5) With respect to other political subdivisions, the board or
officer that has the power to award contracts.
SOURCE: IC 36-1-12.5-2; (05)AM184801.6. -->
SECTION 6. IC 36-1-12.5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. As used in this
chapter, "guaranteed energy savings contract" refers to a contract
entered into under this chapter, in which a qualified provider enters into
an agreement with the governing body to:
(1) evaluate and recommend to the governing body energy body's
conservation measures; and
(2) provide for the implementation of at least one (1) energy
conservation measure.
SOURCE: IC 36-1-12.5-3; (05)AM184801.7. -->
SECTION 7. IC 36-1-12.5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) As used in this
chapter, "qualified provider" means the following:
(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 services by a professional engineer
licensed under 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
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, 2005, 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 services with respect
to conservation measures by a professional engineer
licensed under 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 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, 2005, the person must satisfy the requirements of
subsection (a)(2); or
(2) a guaranteed savings contract after June 30, 2005, the
person must satisfy the requirements of subsections (a)(2) and
(a)(3);
to be considered a qualified provider.
SOURCE: IC 36-1-12.5-3.5; (05)AM184801.8. -->
SECTION 8. IC 36-1-12.5-3.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.5. As used in this
chapter, "related capital expenditures" includes capital costs that:
(1) the governing body reasonably believes will be incurred
during the contract term;
(2) are part of or are causally connected to the energy
conservation measures being implemented; and
(3) are documented by industry engineering standards.
SOURCE: IC 36-1-12.5-4; (05)AM184801.9. -->
SECTION 9. IC 36-1-12.5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. As used in this
chapter, "utility energy efficiency program" refers to an energy, a
water, or a wastewater efficiency program that:
(1) includes an energy a conservation measure;
(2) is established by a public utility (as defined in IC 8-1-8.7-2);
and
(3) is undertaken pursuant to this chapter.
SOURCE: IC 36-1-12.5-5; (05)AM184801.10. -->
SECTION 10. IC 36-1-12.5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) The governing
body may enter into an agreement with a public utility to participate in
a utility
energy efficiency program or enter into a guaranteed
energy
savings contract with a qualified provider to reduce the school
corporation's or the political subdivision's energy
or water
consumption,
wastewater usage costs, or operating costs if, after
review of the report described in section 6 of this chapter, the governing
body finds:
(1) that the amount the governing body would spend on the
energy conservation measures under the contract and that are
recommended in the report is not likely to exceed the amount to
be saved in energy and water consumption costs, wastewater
usage costs, and other operating costs over ten (10) years from the
date of installation if the recommendations in the report were
followed; and
(2) in the case of a guaranteed energy savings contract, the
qualified provider provides a written guarantee as described in
subsection (d)(2).
(b) Before entering into an agreement to participate in a utility
energy efficiency program or a guaranteed energy savings contract
under this section, the governing body must publish notice under
subsection (c) indicating:
(1) that the governing body is requesting public utilities or
qualified providers to propose energy conservation measures
through: either
(A) a utility energy efficiency program; or
(B) a guaranteed energy savings contract; and
(2) the date, the time, and the place where proposals must be
received.
(c) The notice required by subsection (b) must:
(1) be published in two (2) newspapers of general circulation in
the county where the school corporation or the political
subdivision is located;
(2) be published two (2) times with at least one (1) week between
publications and with the second publication made at least thirty
(30) days before the date by which proposals must be received;
and
(3) meet the requirements of IC 5-3-1-1.
(d) An agreement to participate in a utility energy efficiency
program or guaranteed energy savings contract under this section must
provide that:
(1) all payments, except obligations upon the termination of the
agreement or contract before the agreement or contract expires,
may be made to the public utility or qualified provider (whichever
applies) in installments, not to exceed the lesser of ten (10) years
or the average life of the energy conservation measures installed
from the date of final installation; and
(2) in the case of the guaranteed energy savings contract:
(A) the savings in:
(i) energy
and water consumption costs;
(ii) wastewater usage costs; and
(iii) other operating costs;
due to the
energy conservation measures are guaranteed to
cover the costs of the payments for the measures; and
(B) the qualified provider will reimburse the school
corporation or political subdivision for the difference between
the guaranteed savings and the actual savings; and
(3) payments are subject to annual appropriation by the fiscal
body of the school corporation or political subdivision and do not
constitute an indebtedness of the school corporation or political
subdivision within the meaning of a constitutional or statutory
debt limitation.
(e) An agreement or a contract under this chapter is subject to
IC 5-16-7.
SOURCE: IC 36-1-12.5-5.3; (05)AM184801.11. -->
SECTION 11. IC 36-1-12.5-5.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.3. (a) This section
applies only to a guaranteed energy savings contract or a guaranteed
savings contract entered into after June 30, 1999.
(b) A qualified provider may enter into a subcontract:
(1) with a value of more than one hundred fifty thousand dollars
($150,000); and
(2) for the performance of any part of a guaranteed energy savings
contract or guaranteed savings contract;
only if the subcontractor is certified under IC 4-13.6-4.
SOURCE: IC 36-1-12.5-5.5; (05)AM184801.12. -->
SECTION 12. IC 36-1-12.5-5.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.5. IC 6-1.1-20 does
not apply to an agreement to participate in:
(1) a utility energy efficiency program; or
(2) a guaranteed energy savings contract;
entered into under this chapter.
SOURCE: IC 36-1-12.5-6; (05)AM184801.13. -->
SECTION 13. IC 36-1-12.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) Before the public
utility or the qualified provider may install equipment in, make
modifications to, or remodel a building or complex of buildings under
a utility energy efficiency program or a guaranteed energy savings
contract, the public utility or the qualified provider (whichever applies)
must issue a report that includes estimates for the following:
(1) All costs attributable to the work stipulated in the agreement
or the contract, including the costs of design, engineering,
installation, maintenance, repairs, or debt service.
(2) The amounts by which:
(A) energy or water consumption;
(B) wastewater costs; or
(C) operating costs;
will be reduced.
(b) The report must also contain a listing of contractors and
subcontractors to be used by the public utility or the qualified provider
with respect to the energy conservation measures.
SOURCE: IC 36-1-12.5-7; (05)AM184801.14. -->
SECTION 14. IC 36-1-12.5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. If the governing
body enters into an installment payment contract for the purchase and
installation of energy conservation measures under this chapter, the
balance of the payments must be paid in installments not to exceed the
lesser of ten (10) years or the average life of the energy conservation
measure installed from the date of final installation. Payments under an
installment payment contract are subject to annual appropriation by the
fiscal body of the school corporation or political subdivision and do not
constitute an indebtedness of the school corporation or political
subdivision within the meaning of a constitutional or statutory debt
limitation. Annual revenues or savings from a guaranteed savings
contract may be less than annual payments on the contract if
during the length of the contract total savings occur as provided for
by the contract. The financing of a guaranteed savings contract
may be provided by:
(1) the vendor of the guaranteed energy, water, or wastewater
savings program; or
(2) a third-party financial institution or company.
SOURCE: IC 36-1-12.5-8; (05)AM184801.15. -->
SECTION 15. IC 36-1-12.5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8.
Energy Conservation
measures installed under a utility
energy efficiency program or a
guaranteed
energy savings contract must be approved by the following:
(1) The state department of health, office of the state fire marshal,
office of the state building commissioner, and any other state
agency designated by statute.
(2) An architect or engineer licensed under IC 25-4 or IC 25-31 if
the energy conservation measures have a cost of more than fifty
thousand dollars ($50,000).
SOURCE: IC 36-1-12.5-9; (05)AM184801.16. -->
SECTION 16. IC 36-1-12.5-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 9. (a) The contractor
and each subcontractor engaged in installing energy conservation
measures under a guaranteed energy savings contract shall keep full and
accurate records indicating the names, classifications, and work
performed by each worker employed by the respective contractor and
subcontractor in connection with the work, together with an accurate
record of the number of hours worked by each worker and the actual
wages paid.
(b) The payroll records required to be kept under this section must
be open to inspection by an authorized representative of the governing
body or the department of labor.
SOURCE: IC 36-1-12.5-10; (05)AM184801.17. -->
SECTION 17. IC 36-1-12.5-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 10. The governing
body shall:
(1) provide to the department of commerce not more than sixty
(60) days after the date of execution of the guaranteed energy
savings contract:
(A) a copy of the executed guaranteed energy savings contract;
(B) the:
(i) energy or water consumption costs; or
(ii) wastewater usage costs;
before the date of execution of the guaranteed energy savings
contract; and
(C) the documentation using industry engineering standards
for:
(i) stipulated savings; and
(ii) related capital expenditures; and
(2) annually report to the department of commerce, in accordance
with procedures established by the department of commerce, the
savings resulting in the previous year from the guaranteed energy
savings contract or utility energy efficiency program.
SOURCE: IC 36-1-12.5-11; (05)AM184801.18. -->
SECTION 18. IC 36-1-12.5-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 11. (a) A guaranteed
energy savings contract that includes stipulated savings must specify
the methodology used to calculate the savings using industry
engineering standards.
(b) Stipulated savings may be used for energy conservation
measures including the following:
(1) Heating.
(2) Air conditioning.
(3) Ventilating.
(4) Lighting.
(5) Roofing.
(6) Windows.
(7) Water conservation.
(8) Fuel and power improvements.
(9) Wastewater generation.
(9) (10) Any work that is causally connected to the energy
conservation measures listed in subdivisions (1) through (8). (9).
(c) The guaranteed energy savings contract shall:
(1) describe stipulated savings for:
(A) energy conservation measures; and
(B) work causally connected to the energy conservation
measures; and
(2) document assumptions by industry engineering standards.
SOURCE: IC 36-1-12.5-12; (05)AM184801.19. -->
SECTION 19. IC 36-1-12.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) An
improvement that is not causally connected to
an energy a conservation
measure may be included in a guaranteed
energy savings contract if:
(1) the total value of the improvement does not exceed fifteen
percent (15%) of the total value of the guaranteed
energy savings
contract; and
(2) either:
(A) the improvement is necessary to conform to a law, a rule,
or an ordinance; or
(B) an analysis within the guaranteed
energy savings contract
demonstrates that:
(i) there is an economic advantage to the political
subdivision in implementing an improvement as part of the
guaranteed
energy savings contract; and
(ii) the savings justification for the improvement is
documented by industry engineering standards.
(b) The information required under subsection (a) must be reported
to the department of commerce.
(Reference is to HB 1848 as introduced.)
and when so amended that said bill do pass.
__________________________________
AM184801/DI 69 2005