<br><br> <br>Page 1 of 1 <br>56.784 Guaranteed energy savings performance contracts -- Authority for <br>administrative regulations. <br>(1) Each agency responsible for managing state-owned property shall review the utility <br>usage of the property and shall cooperate with the cabinet to determine which <br>properties are good candidates for guaranteed energy savings performance contracts. <br>The responsible agency is encouraged to implement guaranteed energy savings <br>performance contracts where appropriate. <br>(2) The cabinet may implement the provisions of KRS 56.770 to 56.784 through the <br>promulgation of administrative regulations pursuant to KRS Chapter 13A. <br>(3) The secretary of the cabinet shall promulgate administrative regulations in <br>accordance with the provisions of KRS Chapter 13A establishing a process for <br>procurement of energy savings performance contracts, including required contract <br>language. The following entities shall adhere to these regulations when procuring <br>services under a guaranteed energy savings performance contract: <br>(a) Any governing body of a postsecondary institution that manages its capital <br>construction program under KRS 164A.580; or <br>(b) Any public corporation as defined by KRS 45.750(2)(c) or as created under <br>the Kentucky Revised Statutes as a governmental agency and instrumentality <br>of the Commonwealth that manages its capital construction program. <br>(4) All state agencies, including those identified in subsection (3) of this section, shall <br>submit proposed guaranteed energy savings performance contracts to the Office of <br>Financial Management within the Office of the Controller for review and approval <br>prior to contract execution. <br>(5) The secretary shall report all authorized guaranteed energy savings performance <br>contracts to the Capital Projects and Bond Oversight Committee for its review. <br>Effective: February 25, 2010 <br>History: Repealed and reenacted 2010 Ky. Acts ch. 5, sec. 10, effective February 25, <br>2010. -- Amended 2008 Ky. Acts ch. 139, sec. 10, effective July 15, 2008. -- <br>Amended 2007 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 32, effective August 30, 2007. -<br>- Amended 2005 Ky. Acts ch. 85, sec. 80, effective June 20, 2005. -- Amended 2002 <br>Ky. Acts ch. 35, sec. 3, effective July 15, 2002. -- Created 1996 Ky. Acts ch. 223, <br>sec. 8, effective July 15, 1996. <br>Legislative Research Commission Note (2/25/2010). 2010 Ky. Acts ch. 5, sec. 28, <br>provides that the repeal and reenactment of this section in that Act "shall apply <br>retroactively to July 15, 2008." <br><br>