Energy efficiency implementation--deposits into administrativetrust fund--annual report, contents--authority of office ofadministration, rulemaking.
8.238. 1. This section shall be known as the "Energy EfficiencyImplementation Act".
2. The office of administration shall identify and cause to bedeposited into the office of administration revolving "Administrative TrustFund" created in section 37.005, RSMo, no more than two and one-halfpercent of the total cost savings realized as a result of implementingsections 8.231 to 8.237. "Cost savings" shall be defined as expenseseliminated and future replacement expenditures avoided as a direct resultof implementing sections 8.231 to 8.237. The percentage of cost savingsand the means of calculating such cost savings shall be determined by thecommissioner of administration or his designated agent and shall be setforth in the performance contract.
3. At least annually, a report shall be prepared and forwarded to thegovernor, the speaker of the house of representatives and the president protem of the senate outlining the cost savings identified by the office ofadministration pursuant to subsection 2 of this section.
4. In order to advise the governor, and consistent with this section,the office of administration shall have authority to:
(1) Establish policies and procedures for facility management andvaluation;
(2) Coordinate a state facility review;
(3) Implement a capital improvement plan;
(4) Solicit and evaluate state facility investment proposals;
(5) Establish performance measures for facility managementoperations; and
(6) Prepare annual reports and plans concerning operation savings.
5. Subject to appropriation from the general assembly, the office ofadministration may expend the cost savings and the interest thereon, ifany, at such time or times as are necessary to offset all reasonable costsassociated with the implementation of sections 8.231 to 8.237.
6. The provisions of section 33.080, RSMo, requiring the transfer ofunexpended funds to the general revenue fund of the state shall not applyto funds identified and not otherwise expended for the implementation ofthis section.
7. The office of administration shall have the authority, pursuant tochapter 536*, RSMo, to promulgate rules regarding the implementation ofthis section. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2005, shall beinvalid and void.
(L. 2005 S.B. 122)
*Words "chapter 537" appear in original rolls, a typographical error.
Energy efficiency implementation--deposits into administrativetrust fund--annual report, contents--authority of office ofadministration, rulemaking.
8.238. 1. This section shall be known as the "Energy EfficiencyImplementation Act".
2. The office of administration shall identify and cause to bedeposited into the office of administration revolving "Administrative TrustFund" created in section 37.005, RSMo, no more than two and one-halfpercent of the total cost savings realized as a result of implementingsections 8.231 to 8.237. "Cost savings" shall be defined as expenseseliminated and future replacement expenditures avoided as a direct resultof implementing sections 8.231 to 8.237. The percentage of cost savingsand the means of calculating such cost savings shall be determined by thecommissioner of administration or his designated agent and shall be setforth in the performance contract.
3. At least annually, a report shall be prepared and forwarded to thegovernor, the speaker of the house of representatives and the president protem of the senate outlining the cost savings identified by the office ofadministration pursuant to subsection 2 of this section.
4. In order to advise the governor, and consistent with this section,the office of administration shall have authority to:
(1) Establish policies and procedures for facility management andvaluation;
(2) Coordinate a state facility review;
(3) Implement a capital improvement plan;
(4) Solicit and evaluate state facility investment proposals;
(5) Establish performance measures for facility managementoperations; and
(6) Prepare annual reports and plans concerning operation savings.
5. Subject to appropriation from the general assembly, the office ofadministration may expend the cost savings and the interest thereon, ifany, at such time or times as are necessary to offset all reasonable costsassociated with the implementation of sections 8.231 to 8.237.
6. The provisions of section 33.080, RSMo, requiring the transfer ofunexpended funds to the general revenue fund of the state shall not applyto funds identified and not otherwise expended for the implementation ofthis section.
7. The office of administration shall have the authority, pursuant tochapter 536*, RSMo, to promulgate rules regarding the implementation ofthis section. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2005, shall beinvalid and void.
(L. 2005 S.B. 122)
*Words "chapter 537" appear in original rolls, a typographical error.
Energy efficiency implementation--deposits into administrativetrust fund--annual report, contents--authority of office ofadministration, rulemaking.
8.238. 1. This section shall be known as the "Energy EfficiencyImplementation Act".
2. The office of administration shall identify and cause to bedeposited into the office of administration revolving "Administrative TrustFund" created in section 37.005, RSMo, no more than two and one-halfpercent of the total cost savings realized as a result of implementingsections 8.231 to 8.237. "Cost savings" shall be defined as expenseseliminated and future replacement expenditures avoided as a direct resultof implementing sections 8.231 to 8.237. The percentage of cost savingsand the means of calculating such cost savings shall be determined by thecommissioner of administration or his designated agent and shall be setforth in the performance contract.
3. At least annually, a report shall be prepared and forwarded to thegovernor, the speaker of the house of representatives and the president protem of the senate outlining the cost savings identified by the office ofadministration pursuant to subsection 2 of this section.
4. In order to advise the governor, and consistent with this section,the office of administration shall have authority to:
(1) Establish policies and procedures for facility management andvaluation;
(2) Coordinate a state facility review;
(3) Implement a capital improvement plan;
(4) Solicit and evaluate state facility investment proposals;
(5) Establish performance measures for facility managementoperations; and
(6) Prepare annual reports and plans concerning operation savings.
5. Subject to appropriation from the general assembly, the office ofadministration may expend the cost savings and the interest thereon, ifany, at such time or times as are necessary to offset all reasonable costsassociated with the implementation of sections 8.231 to 8.237.
6. The provisions of section 33.080, RSMo, requiring the transfer ofunexpended funds to the general revenue fund of the state shall not applyto funds identified and not otherwise expended for the implementation ofthis section.
7. The office of administration shall have the authority, pursuant tochapter 536*, RSMo, to promulgate rules regarding the implementation ofthis section. Any rule or portion of a rule, as that term is defined insection 536.010, RSMo, that is created under the authority delegated inthis section shall become effective only if it complies with and is subjectto all of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2005, shall beinvalid and void.
(L. 2005 S.B. 122)
*Words "chapter 537" appear in original rolls, a typographical error.
