IC 21-33-4
    Chapter 4. Qualified Energy Savings Projects

IC 21-33-4-1
Authority to undertake a qualified energy savings project
    Sec. 1. A state educational institution may undertake a qualifiedenergy savings project as provided in this chapter. If the part of thequalified energy savings project related to real propertyimprovements is greater than five hundred thousand dollars($500,000), the project must be reviewed by the commission forhigher education and approved by the governor and the budgetdirector on the recommendation of the budget committee. A qualifiedenergy savings project does not require the prior approval of thegeneral assembly, notwithstanding the source of payment for theproject or bonds issued to fund the project.
As added by P.L.2-2007, SEC.274.

IC 21-33-4-2
Proposals; contracts; bonds
    Sec. 2. A state educational institution may submit a request forproposals to qualified providers for an energy cost savings contractand may enter into an energy cost savings contract with a qualifiedprovider under this chapter. The contract must provide that allpayments, except obligations on termination of the contract beforeits expiration, are to be made over time. The contract may providethat energy cost savings are guaranteed by the qualified provider tothe extent necessary to make payments for the qualified energysavings project. A qualified provider shall provide a sufficient bondto the state educational institution for the installation and the faithfulperformance of all the measures included in the contract. Thecontract may also include contracts for building operation programsand maintenance and management or similar agreements with thequalified provider to reduce energy or operational costs.
As added by P.L.2-2007, SEC.274.

IC 21-33-4-3
Proposals; contents
    Sec. 3. A request for proposals must include the following:
        (1) The name and address of the state educational institution.
        (2) The name, address, title, and phone number of a contactperson.
        (3) The date, time, and place where proposals must be received.
        (4) Evaluation criteria for assessing the proposals.
        (5) A reasonably functional description of the facilities to becovered by the request for proposals or the maximum dollarcost of the qualified energy savings project subject to therequest for proposals, or both.
        (6) Any other stipulations and clarifications the stateeducational institution may require.
As added by P.L.2-2007, SEC.274.
IC 21-33-4-4
Selection of qualified energy savings projects; notice
    Sec. 4. The state educational institution shall select the qualifiedprovider and enter into an energy cost savings contract or contractsfor a qualified energy savings project that best meets the needs of thestate educational institution. The state educational institution shallprovide public notice of the meeting at which it proposes to award anenergy cost savings contract by publication one (1) time, at least ten(10) days in advance, in newspapers described in IC 21-32-3-3. Thepublic notice must disclose the names of parties to the proposedenergy cost savings contract and contain a reasonably functionaldescription of the qualified energy savings project and the measurescovered by the contract and project.
As added by P.L.2-2007, SEC.274.

IC 21-33-4-5
Cost savings contracts
    Sec. 5. After reviewing proposals submitted under this chapter, astate educational institution may enter into energy cost savingscontracts with a qualified provider if the state educational institutionreasonably expects that the cost of a qualified energy savings projectrecommended in the proposal would not exceed the amount to besaved in either energy or operational costs, or both, within the ten(10) year period following the date installation is complete if therecommendations in the proposal are followed. An energy costsavings contract may also include a guaranty from the qualifiedprovider to the state educational institution that either the energy oroperational cost savings, or both, will meet or exceed the cost of theenergy cost savings projects not later than ten (10) years after thedate installation is complete.
As added by P.L.2-2007, SEC.274.

IC 21-33-4-6
Affect of energy cost and operational savings on stateappropriations
    Sec. 6. Energy cost and operational savings realized from aqualified energy savings project and an energy cost savings contractdo not reduce the amount of state appropriations otherwise availableto the state educational institution.
As added by P.L.2-2007, SEC.274.