Introduced Version
HOUSE BILL No. 1158
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 36-1-12.5.
Synopsis: Guaranteed energy savings contracts. Makes certain changes
in the guaranteed energy savings contracts law used by school
corporations and political subdivisions. Provides that actual savings
may include stipulated savings that are documented by industry
engineering standards, and that causally connected work is work that
is required to properly implement an energy conservation measure.
Provides that an energy conservation measure may include future labor,
contracted services, and related capital expenditures. Requires a
governing body to file a copy of an executed contract and other
information with the department of commerce. Provides that stipulated
savings may be used in determining actual savings for various energy
conservation measures. Requires a contract that includes stipulated
savings to specify the methodology used to calculate the savings using
industry engineering standards. Provides conditions under which
improvements that are not causally connected to an energy
conservation measure may be included in an energy savings contract.
Effective: Upon passage; July 1, 2002.
Hasler
January 9, 2002, read first time and referred to Committee on Local Government.
Introduced
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in
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HOUSE BILL No. 1158
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-1-12.5-0.5; (02)IN1158.1.1. -->
SECTION 1.
IC 36-1-12.5-0.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.5. As used in this chapter,
"actual savings" includes stipulated savings.
SOURCE: IC 36-1-12.5-0.7; (02)IN1158.1.2. -->
SECTION 2.
IC 36-1-12.5-0.7
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.7. As used in this chapter,
"causally connected work" means work that is required to
properly implement an energy conservation measure.
SOURCE: IC 36-1-12.5-1; (02)IN1158.1.3. -->
SECTION 3.
IC 36-1-12.5-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. As used in this
chapter, "energy conservation measure" means a school facility
alteration or an alteration of a structure (as defined in
IC 36-1-10-2
)
designed to reduce energy consumption costs or other operating costs,
including the following:
(1) Providing insulation of the school facility or structure and
systems within the school facility or structure.
(2) Installing or providing for window and door systems,
including:
(A) storm windows and storm doors;
(B) caulking or weatherstripping;
(C) multi-glazed windows and doors;
(D) heat absorbing or heat reflective glazed and coated
windows and doors;
(E) additional glazing;
(F) the reduction in glass area; and
(G) other modifications that reduce energy consumption.
(3) Installing automatic energy control systems.
(4) Modifying or replacing heating, ventilating, or air
conditioning systems.
(5) 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) Providing for other energy conservation measures that reduce
energy consumption or reduce operating costs, including future:
(A) labor costs;
(B) costs for contracted services; and
(C) related capital expenditures.
SOURCE: IC 36-1-12.5-2.5; (02)IN1158.1.4. -->
SECTION 4.
IC 36-1-12.5-2.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2.5. As used in this chapter,
"industry engineering standards" includes the following:
(1) Lifecycle costing.
(2) The R. S. Means estimating method developed by the R. S.
Means Company.
(3) Historical data.
(4) Manufacturer's data.
(5) American Standard Heating Refrigeration Air
Conditioning Engineers (ASHRAE) standards.
SOURCE: IC 36-1-12.5-3.5; (02)IN1158.1.5. -->
SECTION 5.
IC 36-1-12.5-3.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: 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 36-1-12.5-3.7; (02)IN1158.1.6. -->
SECTION 6.
IC 36-1-12.5-3.7
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 3.7. As used in this chapter,
"stipulated savings" are assumed savings that are documented by
industry engineering standards.
SOURCE: IC 36-1-12.5-10; (02)IN1158.1.7. -->
SECTION 7.
IC 36-1-12.5-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. The governing body
shall 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. provide the
following to the department of commerce not more than sixty (60)
days from the date of execution of the guaranteed energy savings
contract:
(1) A copy of the executed guaranteed energy savings
contract.
(2) The energy consumption costs before the date of execution
of the guaranteed energy savings contract.
(3) The documentation using industry engineering standards
for:
(A) stipulated savings; and
(B) related capital expenditures.
SOURCE: IC 36-1-12.5-11; (02)IN1158.1.8. -->
SECTION 8.
IC 36-1-12.5-11
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 11. (a) A 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) Any work that is causally connected to the energy
conservation measures listed in subdivisions (1) through (8).
(c) The 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; (02)IN1158.1.9. -->
SECTION 9.
IC 36-1-12.5-12
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 12. (a) An improvement that
is not causally connected to an energy conservation measure may
be included in an energy savings contract if:
(1) the improvement is necessary to conform to a law, rule, or
ordinance; and
(2) an analysis within the contract demonstrates that:
(A) there is an economic advantage to the political
subdivision in implementing an improvement as part of the
contract; and
(B) 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.
SOURCE: ; (02)IN1158.1.10. -->
SECTION 10.
An emergency is declared for this act.