Senate Bill No. 22–Senator Townsend
Prefiled January 11, 2001
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to retrofitting
of governmental buildings for energy efficiency. (BDR 28‑288)
FISCAL NOTE: Effect on Local Government: No.
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EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to public works; increasing the total amount of money that may be
committed beyond the biennium for all contracts for retrofitting state
buildings for energy efficiency; authorizing a state or local agency whose
building has been retrofitted for energy efficiency to use money saved from
such retrofitting to purchase electricity from renewable energy systems; and
providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section
1. NRS 338.1906 is hereby
amended to read as follows:
1-2 338.1906 1. Upon
request by or consultation with an officer or
1-3 employee of the state who is responsible for the
budget of a department,
1-4 board, commission, agency or other entity of the
state, the appropriate
1-5 energy retrofit coordinator may request the approval
of the state board of
1-6 examiners to advertise a request for proposals to
retrofit a building, or any
1-7 portion thereof, that is occupied by the department,
board, commission,
1-8 agency or other entity, to make the use of energy in
the building, or portion
1-9 thereof, more efficient.
1-10 2. Upon approval of the state board of
examiners, the coordinator shall
1-11 prepare a request for proposals for the retrofitting
of one or more buildings,
1-12 or any portion thereof, which includes:
1-13 (a) The name
and location of the coordinator;
1-14 (b) A brief
description of the requirements for the initial audit of the use
1-15 of energy and the retrofitting;
1-16 (c) Where and
how specifications of the requirements for the initial
1-17 audit of the use of energy and the retrofitting may
be obtained;
2-1 (d) The date
and time not later than which proposals must be received
2-2 by the coordinator; and
2-3 (e) The date
and time when responses will be opened.
2-4 3. The request for proposals must be published
in at least one
2-5 newspaper of general circulation in the state.
2-6 4. After receiving the proposals but before
making a decision on the
2-7 proposals, the coordinator shall consider:
2-8 (a) The best
interests of the state;
2-9 (b) The
experience and financial stability of the persons submitting the
2-10 proposals;
2-11 (c) Whether
the proposals conform with the terms of the request for
2-12 proposals;
2-13 (d) The
prices of the proposals; and
2-14 (e) Any other
factor disclosed in the request for proposals.
2-15 5. The coordinator shall determine the relative
weight of each factor
2-16 before a request for proposals is advertised. The
weight of each factor must
2-17 not be disclosed before the date proposals are
required to be submitted to
2-18 the coordinator.
2-19 6. After reviewing the proposals, if the
coordinator determines that
2-20 sufficient energy could be saved to justify
retrofitting the building or
2-21 buildings, or portion thereof, the coordinator shall
select the best proposal
2-22 and request the approval of the board of examiners
to award the contract.
2-23 The request for approval must include the proposed
method of financing
2-24 the audit and retrofit, which may include an
installment contract, a shared
2-25 savings contract or any other contract for a
reasonable financing
2-26 arrangement. Such a contract may commit the state to
make payments
2-27 beyond the biennium in which the contract is
executed, but the interest due
2-28 on any debt created pursuant to this section must be
paid at least
2-29 semiannually, payments must be made on the principal
at least annually
2-30 and the debt must be fully repaid on or before May
1, 2013.
2-31 7. Before approving a retrofit pursuant to this
section, the state board
2-32 of examiners shall evaluate any projects that would
utilize shared savings
2-33 as a method of payment or any method of financing
that would commit the
2-34 state to make payments beyond the biennium in which
the contract is
2-35 executed to ensure that:
2-36 (a) The
amount of energy to be saved will likely justify the cost of the
2-37 retrofit;
2-38 (b) The state
is likely to continue to occupy the building for the entire
2-39 period required to recoup the cost of the retrofit
in energy savings; and
2-40 (c) The
limitation set forth in subsection 9 will not be exceeded.
2-41 8. Upon approval of the state board of
examiners, the coordinator shall
2-42 execute the contract and notify:
2-43 (a) The state
board of examiners of the total amount of money
2-44 committed by the contract per year; and
2-45 (b) Each
officer or employee who is responsible for the budget of a
2-46 department, board, commission, agency or other
entity which occupies a
2-47 portion of a building that will be retrofitted of
the amount of money it will
2-48 be required to pay annually for its portion of the
retrofit.
3-1 9. The total amount of money committed beyond
the biennium for all
3-2 contracts executed pursuant to this section must not
exceed [$5,000,000]
3-3 $50,000,000 at any one time.
3-4 10. The legislature hereby pledges that a tax
will be levied to pay the
3-5 principal and interest on any indebtedness resulting
from a contract
3-6 executed pursuant to this section as they become due
if the required
3-7 payments will not be made by the entity that
executed the contract from its
3-8 budgeted accounts and the proceeds from any such
taxes are hereby
3-9 specially appropriated for this purpose.
3-10 11. NRS 338.1385 does not apply to a project for
which a request for
3-11 proposals is advertised and the contract is awarded
pursuant to the
3-12 provisions of this section.
3-13 12. The
department, board, commission, agency or other entity of the
3-14 state whose
building or portion of a building has been retrofitted
3-15 pursuant to this
section may use an amount of money equal to the
3-16 savings realized
by the entity because of such retrofitting to purchase
3-17 electricity from
a renewable energy system.
3-18 13. For
the purposes of this section, all electricity that is saved as a
3-19 result of the
installation by a provider of electricity of a measure that is
3-20 designed to make
the use of energy more efficient shall be deemed to
3-21 have been
generated and derived from renewable energy resources.
3-22 14. As
used in this section:
3-23 (a) “Renewable energy resources” means wind,
solar, geothermal and
3-24 biomass energy
resources in this state that are naturally regenerated.
3-25 (b) “Renewable energy system” means a system
for the production of
3-26 energy in this
state which uses renewable energy resources to produce
3-27 electricity or
reduce the use of electricity and which was installed and
3-28 commenced
operations after January 1, 1997.
3-29 Sec. 2. NRS
338.1907 is hereby amended to read as follows:
3-30 338.1907 1. The
governing body of a local government may
3-31 designate one or more energy retrofit coordinators
for the buildings
3-32 occupied by the local government.
3-33 2. If such a coordinator is designated, upon
request by or consultation
3-34 with an officer or employee of the local government
who is responsible for
3-35 the budget of a department, board, commission or
other entity of the local
3-36 government, the coordinator may request the approval
of the governing
3-37 body to advertise a request for proposals to
retrofit a building, or any
3-38 portion thereof, that is occupied by the department,
board, commission or
3-39 other entity, to make the use of energy in the
building, or portion thereof,
3-40 more efficient.
3-41 3. Upon approval of the governing body, the
coordinator shall prepare
3-42 a request for proposals for the retrofitting of one
or more buildings, or any
3-43 portion thereof, which includes:
3-44 (a) The name
and location of the coordinator;
3-45 (b) A brief
description of the requirements for the initial audit of the use
3-46 of energy and the retrofitting;
3-47 (c) Where and
how specifications of the requirements for the initial
3-48 audit of the use of energy and the retrofitting may
be obtained;
4-1 (d) The date
and time not later than which proposals must be received
4-2 by the coordinator; and
4-3 (e) The date
and time when responses will be opened.
4-4 4. The request for proposals must be published in
at least one
4-5 newspaper of general circulation in the county in
which the local
4-6 government is located.
4-7 5. After receiving the proposals but before
making a decision on the
4-8 proposals, the coordinator shall consider:
4-9 (a) The best
interests of the local government;
4-10 (b) The
experience and financial stability of the persons submitting the
4-11 proposals;
4-12 (c) Whether
the proposals conform with the terms of the request for
4-13 proposals;
4-14 (d) The
prices of the proposals; and
4-15 (e) Any other
factor disclosed in the request for proposals.
4-16 6. The coordinator shall determine the relative
weight of each factor
4-17 before a request for proposals is advertised. The
weight of each factor must
4-18 not be disclosed before the date proposals are
required to be submitted to
4-19 the coordinator.
4-20 7. After reviewing the proposals, if the
coordinator determines that
4-21 sufficient energy could be saved to justify
retrofitting the building or
4-22 buildings, or portion thereof, the coordinator shall
select the best proposal
4-23 and request the approval of the governing body to
award the contract. The
4-24 request for approval must include the proposed
method of financing the
4-25 audit and retrofit, which may include an installment
contract, a shared
4-26 savings contract or any other contract for a
reasonable financing
4-27 arrangement. Such a contract may commit the local
government to make
4-28 payments beyond the fiscal year in which the
contract is executed or
4-29 beyond the terms of office of the governing body, or
both.
4-30 8. Before approving a retrofit pursuant to this
section, the governing
4-31 body shall evaluate any projects that would utilize
shared savings as a
4-32 method of payment or any method of financing that
would commit the
4-33 local government to make payments beyond the fiscal
year in which the
4-34 contract is executed or beyond the terms of office
of the governing body to
4-35 ensure that:
4-36 (a) The
amount of energy to be saved will likely justify the cost of the
4-37 retrofit; and
4-38 (b) The local
government is likely to continue to occupy the building for
4-39 the entire period required to recoup the cost of the
retrofit in energy
4-40 savings.
4-41 9. Upon approval of the governing body, the
coordinator shall execute
4-42 the contract and notify each officer or employee who
is responsible for the
4-43 budget of a department, board, commission or other
entity which occupies
4-44 a portion of a building that will be retrofitted of
the amount of money it
4-45 will be required to pay annually for its portion of
the retrofit.
4-46 10. NRS 338.1385 and 338.143 do not apply to a
project for which a
4-47 request for proposals is advertised and the contract
is awarded pursuant to
4-48 the provisions of this section.
5-1 11. The
department, board, commission or other entity of the local
5-2 government whose
building or portion of a building has been retrofitted
5-3 pursuant to this
section may use an amount of money equal to the
5-4 savings realized
by the entity because of such retrofitting to purchase
5-5 electricity from
a renewable energy system.
5-6 12. For
the purposes of this section, all electricity that is saved as a
5-7 result of the
installation by a provider of electricity of a measure that is
5-8 designed to make
the use of energy more efficient shall be deemed to
5-9 have been
generated and derived from renewable energy resources.
5-10 13. As
used in this section:
5-11 (a) “Renewable energy resources” means wind,
solar, geothermal and
5-12 biomass energy
resources in this state that are naturally regenerated.
5-13 (b) “Renewable energy system” means a system
for the production of
5-14 energy in this
state which uses renewable energy resources to produce
5-15 electricity or
reduce the use of electricity and which was installed and
5-16 commenced
operations after January 1, 1997.
5-17 Sec. 3. This
act becomes effective upon passage and approval and
5-18 expires by limitation on May 1, 2013.
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