Introduced Version
House Bill 4637 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 4637
(By Delegates Fleischauer, Shook, Marshall,
Beach, Moye, Perry, Doyle,
Hartman, Cowles and Susman)
[Introduced February 22, 2010
; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §5A-3B-1 of the Code of West Virginia,
1931, as amended; to amend and reenact §18-5-9a, all relating
to allowing county school boards to enter into energy-saving
contracts and allow them to extend fifteen years.
Be it enacted by the Legislature of West Virginia:
That §5A-3B-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and §18-5-9a of said code be amended and
reenacted, all to read as follows:
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3B. ENERGY-SAVINGS CONTRACTS.
§5A-3B-1. Definitions.
As used in this article:
(a) "Agency" means any state department, division, office,
commission, authority, board, county school board, or other unit
authorized by law to enter into contracts for the provision of
goods or services;
(b) "Energy-conservation measures" means goods or services, or
both, to reduce energy consumption operating costs of agency
facilities. They include, but are not limited to, installation of
one or more of the following:
(1) Insulation of a building structure and systems within a
building;
(2) Storm windows or doors, caulking or weather stripping,
multiglazed windows or doors, heat-absorbing or heat-reflective
glazed and coated window or door systems, or other window or door
modifications that reduce energy consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating or air conditioning systems,
including modifications or replacements;
(5) Replacement or modification of lighting fixtures to
increase energy efficiency;
(6) Energy recovery systems;
(7) Cogeneration systems that produce steam or another form of
energy for use by any agency in a building or complex of buildings
owned by the agency; or
(8) Energy-conservation maintenance measures that provide
long-term operating cost reductions of the building's present cost
of operation.
(c) "Energy-savings contract" means a performance-based
contract for the evaluation and recommendation of energy operations
conservation measures and for implementation of one or more measures.
(d) "Qualified provider" means a person, firm or corporation
experienced in the design, implementation and installation of
energy-conservation measures.
CHAPTER 18. EDUCATION.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-9a. Energy-savings contracts.
(a) For the purposes of this section:
(1) "Energy-conservation measures" means goods or services, or
both, to reduce energy consumption operating costs of school
facilities. They include, but are not limited to, installation of
two or more of the following:
(A) Insulation of a building structure and systems within a
building;
(B) Storm windows or doors, caulking or weather stripping,
multiglazed windows or doors, heat-absorbing or heat-reflective
glazed and coated window or door systems, or other window or door
modifications that reduce energy consumption;
(C) Automatic energy control systems;
(D) Heating, ventilating or air conditioning systems,
including modifications or replacements;
(E) Replacement or modification of lighting fixtures to
increase energy efficiency;
(F) Energy recovery systems;
(G) Cogeneration systems that produce steam or another form of energy for use by the county board of education in a building or
complex of buildings owned by the board of education; or
(H) Energy-conservation maintenance measures that provide
long-term operating cost reductions of the building's present cost
of operation.
(2) "Energy-savings contract" means a contract for the
evaluation and recommendation of energy operations conservation
measures, and for implementation of one or more such measures. The
contract shall provide that payments, except obligations upon
termination of the contract before its expiration, are to be made
over time. A county board of education may supplement these
payments with federal, state or local funds to reduce the annual
cost or to lower the initial amount to be financed.
(3) "Qualified provider" means a person, firm or corporation
experienced in the design, implementation and installation of
energy-conservation measures.
(b) County boards of education are hereby authorized to enter
into performance-based contracts with qualified providers of
energy-conservation measures for the purpose of reducing energy
operating costs of school buildings.
(c) A board of education may enter into an energy-savings
contract with a qualified provider to reduce energy operating costs
significantly. Before entering into such a contract or before the
installation of equipment, modifications or remodeling to be
furnished under such a contract, the qualified provider shall first issue a proposal summarizing the scope of work to be performed.
Such a proposal shall contain estimates of all costs of
installation, modifications or remodeling, including the costs of
design, engineering, installation, maintenance, repairs or debt
service, as well as estimates of the amounts by which energy
operating costs will be reduced. If the board finds, after
receiving the proposal, that the proposal includes more than one
energy-conservation measure designed to save energy operating
costs, the board may enter into a contract with the provider
pursuant to this section.
(d) An energy-savings contract must include the following:
(1) A guarantee of a specific minimum amount of money that the
board will save in energy operating costs each year during the term
of the contract;
(2) A statement of all costs of energy-conservation measures,
including the costs of design, engineering, installation,
maintenance, repairs and operations.
(e) An energy-savings contract which is performance-based and
includes a guarantee of savings and a comprehensive approach of
energy-conservation measures for improving comfort is subject to
competitive bidding requirements:
Provided, That the requirements
of article five-a, chapter twenty-one of this code as to prevailing
wage rates shall apply to the construction and installation work
performed under such a contract.
(f) A board or may enter into a "lease with an option to purchase" contract for the purchase and installation of energy-
conservation measures if the term of the lease does not exceed ten
fifteen years, and the lease contract includes the provisions
hereinafter contained in subsection (g), and meets federal tax
requirements for tax-exempt municipal leasing or long-term
financing.
(g) An energy-savings contract may extend beyond the fiscal
year in which it first becomes effective:
Provided, That such a
contract may not exceed a ten fifteen-year term:
Provided,
however, That such long term contract shall be void unless such
agreement shall provide that the board shall have the option
thereunder during each fiscal year of the contract to terminate the
agreement. The board may include in its annual budget for each
fiscal year any amounts payable under long-term energy-savings
contracts during that fiscal year:
Provided further, That nothing
contained herein shall be deemed to require or permit the
replacement of jobs performed by service personnel employed by the
local school board pursuant to sections eight and eight-a, article
four, chapter eighteen-a of the code, as amended.
NOTE: The purpose of this bill is to allow county school
boards to enter into energy-saving contracts and allow them to
extend fifteen years.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.