CHAPTER 8. ENERGY COST SAVINGS CONTRACTS
IC 4-13.6-8
Chapter 8. Energy Cost Savings Contracts
IC 4-13.6-8-1
"Commission" defined
Sec. 1. As used in this chapter, "commission" means the Indianafinance authority established by IC 4-4-11-4.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8. Amendedby P.L.235-2005, SEC.58.
IC 4-13.6-8-2
"Energy cost savings contract" defined
Sec. 2. As used in this chapter, "energy cost savings contract"means a contract between:
(1) the state or the commission; and
(2) a qualified provider;
for the implementation of at least one (1) qualified energy savingsproject and related measures for a governmental body.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
IC 4-13.6-8-3
"Qualified energy savings project" defined
Sec. 3. As used in this chapter, "qualified energy savings project"means a facility alteration designed to reduce energy consumptioncosts or other operating costs. The term includes the following:
(1) Providing insulation of the facility and systems within thefacility.
(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 coatedwindows and doors;
(E) additional glazing;
(F) 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 airconditioning systems.
(5) Unless an increase in illumination is necessary to conformto Indiana laws or rules or local ordinances, modifying orreplacing lighting fixtures to increase the energy efficiency ofthe lighting system without increasing the overall illuminationof a facility.
(6) Providing for other measures that reduce energyconsumption or reduce operating costs.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
IC 4-13.6-8-4
"Qualified provider" defined
Sec. 4. As used in this chapter, "qualified provider" means aperson experienced in the design, implementation, and installation ofenergy and operational cost savings systems.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
IC 4-13.6-8-5
Contract proposals
Sec. 5. (a) At the request of a governmental body, the department,in consultation with the governmental body, may do the following:
(1) Solicit proposals from qualified providers for an energy costsavings contract.
(2) Review proposals and contract with a qualified provider.
(b) An energy cost savings contract may cover more than one (1)governmental body.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
IC 4-13.6-8-6
Allowable provisions in contracts
Sec. 6. An energy cost savings contract may do any of thefollowing:
(1) Provide that energy cost savings are guaranteed by thequalified provider to the extent necessary to make payments forthe qualified energy savings project.
(2) Include contracts for building operation programs,maintenance, and management or similar agreements with thequalified provider to reduce energy or operational costs.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
IC 4-13.6-8-7
Contract approval and guarantee
Sec. 7. (a) After reviewing the proposals submitted and afterreceiving a recommendation from the budget committee, thedepartment may approve an energy cost savings contract with aqualified provider that best meets the needs of the governmentalbody if the department reasonably expects the cost of the qualifiedenergy savings project recommended in the proposal would notexceed the amount to be saved in:
(1) energy costs;
(2) operational costs; or
(3) both energy and operational costs;
not later than twenty (20) years after the date installation iscompleted if the recommendations in the proposal are followed.
(b) An energy cost savings contract must include a guarantee fromthe qualified provider to the state that:
(1) energy cost savings;
(2) operational cost savings; or
(3) both energy and operational cost savings;
will meet or exceed the cost of the qualified energy project not later
than twenty (20) years after the date installation is completed.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8. Amendedby P.L.71-2009, SEC.1; P.L.99-2009, SEC.1.
IC 4-13.6-8-8
Wage scales; records
Sec. 8. (a) An agreement or a contract under this chapter is subjectto IC 5-16-7.
(b) The contractor and each subcontractor engaged in installingenergy conservation measures under a guaranteed energy savingscontract shall keep full and accurate records indicating the names,classifications, and work performed by each worker employed by therespective contractor and subcontractor in connection with the workand an accurate record of the number of hours worked by eachworker and the actual wages paid.
(c) The payroll records required to be kept under this section mustbe open to inspection by an authorized representative of thedepartment and the department of labor.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
IC 4-13.6-8-9
Reduction of state appropriations due to energy cost savingsprohibited
Sec. 9. The amount of state appropriations available to agovernmental body may not be reduced because of energy costsavings and operational cost savings realized from a qualified energysavings project and an energy cost savings contract.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8.
IC 4-13.6-8-10
Recommendations to governor
Sec. 10. The department may recommend to the governor that anenergy cost savings contract be entered into by the commission underIC 4-13.5-1.5.
As added by P.L.58-1999, SEC.9 and P.L.172-1999, SEC.8. Amendedby P.L.235-2005, SEC.59.