ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 3, page 2, line 11, after “government.” by inserting:
“The term includes, without limitation, occupied and unoccupied structures, buildings and facilities, and any other improvements owned or operated by a local government that incur operating costs.”.
Amend sec. 5, page 2, by deleting lines 27 through 31 and inserting:
“electricity and natural gas.”.
Amend sec. 5, page 2, line 32, by deleting “3.” and inserting “2.”.
Amend sec. 5, page 2, by deleting lines 34 and 35.
Amend sec. 5, page 2, line 36, by deleting “5.” and inserting “3.”.
Amend sec. 5, page 2, line 41, by deleting “6.” and inserting “4.”.
Amend sec. 5, page 3, by deleting lines 1 and 2 and inserting:
“(a) Costs for materials and labor required to replace old equipment with new, more efficient equipment.”.
Amend sec. 5, page 3, line 30, by deleting “improve safety,”.
Amend sec. 5, page 3, line 34, by deleting the italicized period and inserting:
“and waste minimization.”.
Amend sec. 5, page 3, by deleting lines 35 and 36.
Amend sec. 5, page 3, line 37, by deleting “8.” and inserting “5.”.
Amend sec. 8, page 4, by deleting lines 17 through 22 and inserting:
“with all applicable building codes.”.
Amend sec. 8, page 4, line 24, by deleting:
“or more than five”.
Amend sec. 8, page 4, by deleting lines 25 through 27 and inserting:
“service companies.”.
Amend sec. 8, page 5, between lines 11 and 12, by inserting:
FLUSH
“In selecting a
qualified service company, the local government shall also consider the
financial health of the qualified service company as evidenced by its financial
statements and ratings and whether the qualified service company holds the
appropriate licenses required for the design, engineering and construction to
be completed.”.
Amend sec. 8, page 5, by deleting line 14 and inserting:
“grade operational audit.”.
Amend sec. 8, page 5, line 15, by deleting “government.”.
Amend sec. 8, page 5, line 23, by deleting the italicized period and inserting:
“if the local government has specifically appropriated money for that purpose.”.
Amend sec. 9, page 5, line 27, by deleting “energy” and inserting “operating cost”.
Amend sec. 10, page 6, line 7, by deleting “25” and inserting “20”.
Amend sec. 10, page 6, by deleting lines 15 through 18.
Amend the bill as a whole by adding new sections designated sections 10.3 and 10.7, following sec. 10, to read as follows:
“Sec. 10.3. If a performance contract entered into pursuant to sections 2 to 14, inclusive, of this act requires the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS 338.020 to 338.090, inclusive.
Sec. 10.7. Notwithstanding any provision of sections 2 to 14, inclusive, of this act to the contrary, a performance contract entered into pursuant to sections 2 to 14, inclusive, of this act must include a clause that sets out the rights of the local government and the qualified service company if the local government does not appropriate sufficient money for payments to be continued under the performance contract.”.
Amend sec. 11, page 6, line 19, by deleting “governmental body” and inserting “government”.
Amend sec. 11, page 6, lines 21 and 22, by deleting “governmental body” and inserting “government”.
Amend sec. 12, page 6, line 33, after “2.” by inserting:
“A performance contract must identify the methodology that the local government will use to validate the cost savings identified by the qualified service company.
3.”.
Amend sec. 16, page 7, line 25, by deleting “21,” and inserting “21.5,”.
Amend sec. 17, page 7, line 30, after “agency.” by inserting:
“The term includes, without limitation, occupied and unoccupied structures, buildings and facilities, and any other improvements owned or operated by a using agency that incur operating costs.”.
Amend sec. 19, page 8, by deleting lines 2 through 6 and inserting:
“electricity and natural gas.”.
Amend sec. 19, page 8, line 7, by deleting “3.” and inserting “2.”.
Amend sec. 19, page 8, by deleting lines 9 and 10.
Amend sec. 19, page 8, line 11, by deleting “5.” and inserting “3.”.
Amend sec. 19, page 8, line 16, by deleting “6.” and inserting “4.”.
Amend sec. 19, page 8, by deleting lines 20 and 21 and inserting:
“(a) Costs for materials and labor required to replace old equipment with new, more efficient equipment.”.
Amend sec. 19, page 9, line 4, by deleting “improve safety,”.
Amend sec. 19, page 9, line 8, by deleting the italicized period and inserting:
“and waste minimization.”.
Amend sec. 19, page 9, by deleting lines 9 and 10.
Amend sec. 19, page 9, line 11, by deleting “8.” and inserting “5.”.
Amend the bill as a whole by adding a new section designated sec. 21.5, following sec. 21, to read as follows:
“Sec. 21.5. “Using agency” means all officers, departments, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources. The term includes the University and Community College System of Nevada, but does not include the Nevada Rural Housing Authority, local governments as defined in NRS 354.474, conservation districts and irrigation districts.”.
Amend sec. 22, pages 9 and 10, by deleting lines 35 through 44 on page 9 and lines 1 and 2 on page 10, and inserting:
“applicable building codes.
2. The State Public Works Board shall determine those companies that satisfy the requirements of qualified service companies for the purposes of sections 16 to 29, inclusive, of this act. In making such a determination, the State Public Works Board shall enlist the assistance of the staffs of the Office of Energy within the Office of the Governor, the Buildings and Grounds Division of the Department of Administration and the Purchasing Division. The State Public Works Board shall prepare and issue a request for qualifications to not less than three potential qualified service companies.”.
Amend sec. 22, page 10, lines 3 and 4, by deleting “Purchasing Division:” and inserting:
“State Public Works Board:”.
Amend sec. 22, page 10, line 5, after “one” by inserting “potential”.
Amend sec. 22, page 10, lines 7 and 8, by deleting:
“qualified service company,” and inserting “companies”.
Amend sec 22, page 10, line 9, by deleting the italicized comma.
Amend sec. 22, page 10, by deleting lines 10 and 11 and inserting:
“4. The State Public Works Board shall use objective criteria to determine those companies that satisfy the requirements of qualified service companies. The objective criteria for”.
Amend sec. 22, page 10, line 13, by deleting:
“the qualified service company:” and inserting “such companies:”.
Amend sec. 22, page 10, line 29, by deleting “Purchasing Division” and inserting:
“State Public Works Board”.
Amend sec. 22, page 10, line 30, be deleting:
“the qualified service” and inserting “a”.
Amend sec. 22, page 10, by deleting lines 32 through 34 and inserting:
FLUSH
“In determining
whether a company satisfies the requirements of a qualified service company,
the State Public Works Board shall also consider the financial health of the
company as evidenced by its financial statements and ratings and whether the
company holds the appropriate licenses required for the design, engineering and
construction which would be completed pursuant to a performance contract.
5. The State Public Works Board shall compile a list of those companies that it determines satisfy the requirements of qualified service companies. The Purchasing Division shall work directly with any using agency interested in entering into a performance contract, using the list of qualified service companies compiled by the State Public Works Board. The Purchasing Division, in conjunction with the using agency, shall coordinate an opportunity for each such appropriate qualified service company to:
(a) Perform a preliminary and comprehensive audit and assessment of all potential operating cost-savings measures that might be implemented within the buildings of the using agency, including any operating cost-savings measures specifically requested by the using agency; and
(b) Submit a proposal and make a related presentation to the using agency for all such operating cost-savings measures that the qualified service company determines would be practicable to implement.
FLUSH
Based on such proposals
and presentations, the using agency may select the qualified service company
that the using agency believes is the most responsive to the needs of the using
agency and may, under the direction of the Purchasing Division, enter into a
performance contract with that qualified service company.
6. A qualified service company selected by a using agency pursuant to subsection 5 shall prepare a financial-grade operational audit.”.
Amend sec. 22, page 10, line 35, by deleting “Division.”.
Amend sec. 22, page 11, line 2, by deleting “whom” and inserting “which”.
Amend sec. 22, page 11, between lines 3 and 4, by inserting:
“7. If the staff of a using agency does not possess sufficient technical expertise to review and select appropriate operating cost-savings measures in coordination with a qualified service company, the Purchasing Division, upon the request of the using agency, shall procure sufficient funding from the qualified service company, through negotiation, to retain the professional services of a third-party consultant with the requisite technical expertise. Such a third-party consultant must be certified by the Association of Energy Engineers as a “Certified Energy Manager” or hold similar credentials from a comparable nationally recognized organization. A third-party consultant retained pursuant to this subsection shall work on behalf of the using agency in coordination with the qualified service company.”.
Amend sec. 23, page 11, line 7, by deleting “energy” and inserting “operating cost”.
Amend sec. 24, page 11, by deleting lines 23 through 29 and inserting:
“Sec. 24. 1. Notwithstanding any provision of sections 16 to 29, inclusive, of this act to the contrary, a performance contract entered into pursuant to sections 16 to 29, inclusive, of this act does not create a debt for the purposes of Section 3 of Article 9 of the Nevada Constitution.
2. Except as otherwise provided in this section, the term of a performance contract may extend beyond the biennium in which the contract is executed, provided that the performance contract contains a provision which states that all obligations of the State under the performance contract are extinguished at the end of any fiscal year if the Legislature fails to provide an appropriation to the using agency for the ensuing fiscal year for payments to be made under the performance contract. If the Legislature fails to appropriate money to a using agency for a performance contract, there is no remedy against the State, except that if a security interest in any property was created pursuant to the performance contract, the holder of such a security interest may enforce the security interest against that property. The term of a performance contract must not exceed 20 years.
3. The length of a performance contract may reflect the useful life of the operating cost-savings measure being installed or purchased under the performance contract.”.
Amend sec. 25, page 11, by deleting lines 34 through 42.
Amend sec. 25, page 11, line 43, by deleting “3.” and inserting “2.”.
Amend sec. 25, page 12, by deleting lines 3 through 6.
Amend sec. 26, page 12, by deleting lines 7 through 13 and inserting:
“Sec. 26. If a performance contract entered into pursuant to sections 16 to 29, inclusive, of this act requires the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS 338.020 to 338.090, inclusive.”.
Amend the bill as a whole by adding new sections designated sections 29.3 through 29.7, following sec. 29, to read as follows:
“Sec. 29.3. NRS 338.1385 is hereby amended to read as follows:
FIRST
PARALLEL SECTION
338.1385 1. Except
as otherwise provided in subsection 7 and NRS 338.1906 , [and
338.1907,] this state,
or a local government that awards a contract for the construction, alteration
or repair of a public work in accordance with paragraph (a) of subsection 1 of
NRS 338.1373, or a public officer, public employee or other person responsible
for awarding a contract for the construction, alteration or repair of a public
work who represents the State or the local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 7, a public body that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The public body shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the public body to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Each advertisement for bids must include a provision that sets forth:
(a) The requirement that a contractor must be qualified pursuant to NRS 338.1379 to bid on the contract or must be exempt from meeting such qualifications pursuant to NRS 338.1383; and
(b) The period during which an application to qualify as a bidder on the contract must be submitted.
4. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
5. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not a qualified bidder pursuant to NRS 338.1379, unless the bidder is exempt from meeting such qualifications pursuant to NRS 338.1383;
(b) The bidder is not responsive;
(c) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(d) The public interest would be served by such a rejection.
6. Before the State or a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the State or the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the State or the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the State or the local government expects to save by rejecting the bids and performing the project itself.
7. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district;
(d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727.
Sec. 29.5. NRS 338.143 is hereby amended to read as follows:
338.143 1. Except as otherwise provided in subsection 6 , [and NRS 338.1907,] a local government that awards a contract for the construction, alteration or repair of a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373, or a public officer, public employee or other person responsible for awarding a contract for the construction, alteration or repair of a public work who represents that local government, shall not:
(a) Commence such a project for which the estimated cost exceeds $100,000 unless it advertises in a newspaper of general circulation in this state for bids for the project; or
(b) Divide such a project into separate portions to avoid the requirements of paragraph (a).
2. Except as otherwise provided in subsection 6, a local government that maintains a list of properly licensed contractors who are interested in receiving offers to bid on public works projects for which the estimated cost is more than $25,000 but less than $100,000 shall solicit bids from not more than three of the contractors on the list for a contract of that value for the construction, alteration or repair of a public work. The local government shall select contractors from the list in such a manner as to afford each contractor an equal opportunity to bid on a public works project. A properly licensed contractor must submit a written request annually to the local government to remain on the list. Offers for bids which are made pursuant to this subsection must be sent by certified mail.
3. Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the project must be awarded on the basis of bids received.
4. Any bids received in response to an advertisement for bids may be rejected if the person responsible for awarding the contract determines that:
(a) The bidder is not responsive or responsible;
(b) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications; or
(c) The public interest would be served by such a rejection.
5. Before a local government may commence a project subject to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, it shall prepare and make available for public inspection a written statement containing:
(a) A list of all persons, including supervisors, whom the local government intends to assign to the project, together with their classifications and an estimate of the direct and indirect costs of their labor;
(b) A list of all equipment that the local government intends to use on the project, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;
(c) An estimate of the cost of administrative support for the persons assigned to the project;
(d) An estimate of the total cost of the project; and
(e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the project itself.
6. This section does not apply to:
(a) Any utility subject to the provisions of chapter 318 or 710 of NRS;
(b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;
(c) Normal maintenance of the property of a school district;
(d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993; or
(e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive.
Sec. 29.7. NRS 338.1907 is hereby repealed.”.
Amend sec. 30, page 13, line 10, before “This” by inserting “1.”.
Amend sec. 30, page 13, after line 10, by inserting:
“2. Sections 29.3 and 29.5 of this act expire by limitation on May 1, 2013.”.
Amend the bill as a whole by adding the text of repealed section, following sec. 30, to read as follows:
“
TEXT OF REPEALED SECTION
338.1907 Retrofitting of local governmental buildings for energy efficiency: Duties of energy retrofit coordinators and local governments; procedures for requesting and approving proposals; projects exempt from certain procedural requirements.
1. The governing body of a local government may designate one or more energy retrofit coordinators for the buildings occupied by the local government.
2. If such a coordinator is designated, upon request by or consultation with an officer or employee of the local government who is responsible for the budget of a department, board, commission or other entity of the local government, the coordinator may request the approval of the governing body to advertise a request for proposals to retrofit a building, or any portion thereof, that is occupied by the department, board, commission or other entity, to make the use of energy in the building, or portion thereof, more efficient.
3. Upon approval of the governing body, the coordinator shall prepare a request for proposals for the retrofitting of one or more buildings, or any portion thereof, which includes:
(a) The name and location of the coordinator;
(b) A brief description of the requirements for the initial audit of the use of energy and the retrofitting;
(c) Where and how specifications of the requirements for the initial audit of the use of energy and the retrofitting may be obtained;
(d) The date and time not later than which proposals must be received by the coordinator; and
(e) The date and time when responses will be opened.
4. The request for proposals must be published in at least one newspaper of general circulation in the county in which the local government is located.
5. After receiving the proposals but before making a decision on the proposals, the coordinator shall consider:
(a) The best interests of the local government;
(b) The experience and financial stability of the persons submitting the proposals;
(c) Whether the proposals conform with the terms of the request for proposals;
(d) The prices of the proposals; and
(e) Any other factor disclosed in the request for proposals.
6. The coordinator shall determine the relative weight of each factor before a request for proposals is advertised. The weight of each factor must not be disclosed before the date proposals are required to be submitted to the coordinator.
7. After reviewing the proposals, if the coordinator determines that sufficient energy could be saved to justify retrofitting the building or buildings, or portion thereof, the coordinator shall select the best proposal and request the approval of the governing body to award the contract. The request for approval must include the proposed method of financing the audit and retrofit, which may include an installment contract, a shared savings contract or any other contract for a reasonable financing arrangement. Such a contract may commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body, or both.
8. Before approving a retrofit pursuant to this section, the governing body shall evaluate any projects that would utilize shared savings as a method of payment or any method of financing that would commit the local government to make payments beyond the fiscal year in which the contract is executed or beyond the terms of office of the governing body to ensure that:
(a) The amount of energy to be saved will likely justify the cost of the retrofit; and
(b) The local government is likely to continue to occupy the building for the entire period required to recoup the cost of the retrofit in energy savings.
9. Upon approval of the governing body, the coordinator shall execute the contract and notify each officer or employee who is responsible for the budget of a department, board, commission or other entity which occupies a portion of a building that will be retrofitted of the amount of money it will be required to pay annually for its portion of the retrofit.
10. NRS 338.1385 and 338.143 do not apply to a project for which a request for proposals is advertised and the contract is awarded pursuant to the provisions of this section.”.