A BILL TO BE ENTITLED AN ACT TO AMEND THE STATUTES GOVERNING GUARANTEED ENERGY SAVINGS CONTRACTS FOR GOVERNMENTAL UNITS.
Amends the definitions in GS 143-64.17 to define qualified reviewer as an architect or engineer who is (1) licensed in the state and (2) experienced in the design, implementation, and installation of energy efficiency measures. Also amends the definition of qualified provider to mean a person or business experienced in the design, implementation, and installation of energy conservation measures who has been prequalified by the State Energy Office (SEO) according to the office's prequalification criteria.
Amends GS 143-64.17A (solicitation of guaranteed energy savings contracts) to provide that in the case of a governmental unit wishing to enter into additional performance contracts with the same qualified provider within five years of signing a performance contract, the unit may enter directly into a guaranteed energy savings contract with the same provider. Requires the SEO to review the agreement before it is executed. Adds that if after publication of the notice of request for proposals, fewer than two qualified providers attend the mandatory pre-bid meeting, the unit must publish notice of the request again as specified. Requires that a qualified reviewer evaluate proposals and provide the governmental unit with a letter report containing qualitative and quantitative evaluation of the proposal, but not make a recommendation for selection. Removes the requirement that the proposal include specified cost estimates. Make conforming changes. Amends the criteria for selecting a provider. Establishes the process that the governmental unit is to use in selecting a provider.
Amends GS 143-64.17B (guaranteed energy savings contracts), to require a qualified provider entering into a guaranteed energy savings contract to provide security in the amount equal to 100% of the annual guaranteed savings for the term of the contract (was, 100% of the total cost). Requires that any guaranteed energy and operational savings be determined by using one of the measurement and verification methods specified. If the specified methods are not sufficient, the qualified provider must develop an alternative method.
Amends GS 143-64.17L to provide that on or after July 1, 2013, no constituent institution may implement an energy conservation measure without entering into a guaranteed energy savings contract under the statute. However, NC State University may continue to fulfill the terms of any financing agreement related to an energy conservation measure implemented on or before June 30, 2013.
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