HB 1254-1_ Filed 04/09/2009, 11:35
Adopted 4/9/2009



    The Senate Committee on Utilities and Technology, to which was referred House Bill No. 1254, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 2, line 3; (09)CR125402.2. -->     Page 2, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 36-1-12-1; (09)CR125402.2. -->     "SECTION 2. IC 36-1-12-1, AS AMENDED BY P.L.168-2006, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: 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 political subdivision or its agencies may do the following:
        (1) Enter into a design-build contract as permitted under IC 5-30.
Participate in a utility efficiency program or may enter into a guaranteed 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.
     (g) This chapter does not apply to a public work that:
        (1) solely involves the alteration, renovation, or repair of an existing public building, airport facility, or other structure;
        (2) is paid for out of a public fund or special assessment; and
        (3) costs less than four hundred thousand dollars ($400,000);
if the political subdivision or agency that performs or contracts for the public work complies with IC 5-22.

SOURCE: IC 36-1-12.5-1; (09)CR125402.3. -->     SECTION 3. IC 36-1-12.5-1, AS AMENDED BY P.L.168-2006, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1. (a) As used in this chapter, "conservation measure":
        (1) means:
            (A) a school facility alteration;
            (B) an alteration of a structure (as defined in IC 36-1-10-2);
            (C) a technology upgrade; or
            (D) with respect to an installation described in subdivision (2)(G) or (2)(H), an alteration of a structure or system;
        designed to provide billable revenue increases or reduce energy or water consumption costs, wastewater costs, or other operating costs; and
        (2) includes the following:
            (A) Providing insulation of the school facility or structure and systems in the school facility or structure.
            (B) Installing or providing for window and door systems, including:
                (i) storm windows and storm doors;
                (ii) caulking or weatherstripping;
                (iii) multi-glazed windows and doors;
                (iv) heat absorbing or heat reflective glazed and coated windows and doors;
                (v) additional glazing;
                (vi) the reduction in glass area; and
                (vii) other modifications that reduce energy consumption.
            (C) Installing automatic energy control systems.
            (D) Modifying or replacing heating, ventilating, or air conditioning systems.
            (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.
            (F) Providing for other conservation measures that provide billable revenue increases or reduce energy or water consumption, reduce operating costs, or reduce wastewater costs, including future:
                (i) labor costs;
                (ii) costs or revenues for contracted services; and
                (iii) related capital expenditures.
            (G) Installing equipment upgrades that improve accuracy of billable revenue generating systems.
            (H) Installing automated, electronic, or remotely controlled systems or measures that reduce direct personnel costs.
    (b) The term does not include an alteration of a water or wastewater structure or system that increases the capacity of the structure or system.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1254 as printed January 27, 2009.)

and when so amended that said bill do pass.

Committee Vote: Yeas 11, Nays 0.



CR125402/DI 44    2009