AN ACT TO AMEND THE STATUTES GOVERNING GUARANTEED ENERGY SAVINGS CONTRACTS FOR GOVERNMENTAL UNITS. Enacted August 23, 2013. Effective August 23, 2013.
Summary date: Sep 3 2013 - More information
Summary date: Jul 17 2013 - More information
House committee substitute to the 3rd edition makes the following changes.
Deletes all of Section 4 of the act, which repealed GS 143-64.17L and GS 143-64.17M; amended GS 143-64.17F, GS 143-64.17H, GS 142-63, and GS 142-64, and allowed NC State University to continue to self-perform the specified projects.
Adds a new Section 4 to the act as follows. Amends GS 143-64.17L(e) to allow the Board of Governors to allow UNC Charlotte, in addition to NC State University, to implement an energy conservation measure without entering into a guaranteed savings contract. Amends GS 142-63 by deleting the provision that allowed a state governmental unit that has solicited a guaranteed energy conservation measure or the State Treasurer to execute and deliver a financing contract to finance the costs of the energy conservation measure, with a $5 million cap on the aggregate outstanding amount payable to the state under financing contracts entered into under the Article.
Summary date: May 1 2013 - More information
Senate committee substitute makes the following change to the 2nd edition.
Amends GS 143-64.17A (Solicitation of guaranteed energy savings contracts), deleting a provision that required governmental units to publish second notices of requests for proposals if fewer than two proposals were received or fewer than two qualified providers attended the mandatory pre-bid meeting. Also deletes language that allowed the governmental unit to open the proposals and select a qualified provider if only one proposal is received only if, as a result of a second notice of the request for proposals, one or more proposals by qualified providers are received.
Summary date: Apr 16 2013 - More information
Senate committee substitute makes the following changes to the first edition.
Amends GS 143-64.17A (Solicitation of guaranteed energy savings contracts), deleting language from the 1st edition that provided 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.
Amends GS 143-64.17A(b), providing that the evaluating report required to be submitted to the governmental unit, per this section, can include a recommendation for selection, but the governmental unit is not obligated to follow it (previously, the report could not make any recommendation for selection).
Repeals GS 143-64.17L (Board of Governors may authorize energy conservation measures at constituent institutions) and GS 143-64.17M (Energy savings analysis required prior to implementation; post‑implementation analyses required).
Amends GS 143-64.17F(b), GS 143-64.17H, and GS 142-64, making conforming changes as required by the above repealed sections.
Amends GS 143-63 (Authorization of financing contract), making required conforming changes and deleting language that provided that specified entities were authorized to execute and deliver a financing contract for the costs of the energy conservation measure. Also deletes the requirement that aggregate outstanding amounts payable by the state, under financing contracts pursuant to this Article, must not exceed $500,000 at any one time.
Provides that NC State University can continue to self-perform the Phytotron Energy Savings Performance Contract project and an energy conservation measure for which a request for proposal has been issued prior to December 31, 2013, with financing put in place by December 31, 2014. Projects are subject to the requirements of GS Chapter 143, Article 3B, Part 2, including any of the requirements in the statutes repealed or amended by this section.
Makes technical changes throughout.
Summary date: Apr 1 2013 - More information
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.
Summary date: Mar 28 2013 - More information
To be summarized at a later date.
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