Amendment No. 857

 

Senate Amendment to Assembly Bill No. 398  Third Reprint                                             (BDR 27‑1115)

Proposed by: Committee on Government Affairs

Amendment Box: Replaces amendment No. 677.

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

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. 8, page 4, line 11, after “2.” by inserting:

“The local government shall determine those companies that satisfy the requirements of qualified service companies for the purposes of sections 2 to 14, inclusive, of this act.”.

     Amend sec. 8, page 4, line 12, after “three” by inserting “potential”.

     Amend sec. 8, page 4, line 15, after “one” by inserting “potential”.

     Amend sec. 8, page 4, lines 17 and 18, by deleting:

“qualified service company,” and inserting “companies”.

     Amend sec. 8, page 4, line 19, by deleting the italicized comma.

     Amend sec. 8, page 4, lines 20 and 21, by deleting:

“in selecting a qualified service company.” and inserting:

“to determine those companies that satisfy the requirements of qualified service companies.”.

     Amend sec. 8, page 4, line 23, by deleting:

“the qualified service company:” and inserting “such companies:”.

     Amend sec. 8, page 4, line 40, by deleting:

“the qualified service” and inserting “a”.

     Amend sec. 8, page 4, line 42, by deleting “selecting” and inserting:

“determining whether a company satisfies the requirements of”.

     Amend sec. 8, page 4, line 43, by deleting “qualified service”.

     Amend sec. 8, page 4, line 45, by deleting “qualified service”.

     Amend sec. 8, page 5, line 3, after “5.” by inserting:

“The local government shall compile a list of those companies that it determines satisfy the requirements of qualified service companies. If the local government is interested in entering into a performance contract, the local government shall notify each appropriate qualified service company and coordinate an opportunity for each such 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 local government, including any operating cost-savings measures specifically requested by the local government; and

     (b) Submit a proposal and make a related presentation to the local government for all such operating cost-savings measures that the qualified service company determines would be practicable to implement.

     6.  The local government shall:

     (a) Evaluate the proposals and presentations made pursuant to subsection 5; and

     (b) Select a qualified service company,

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pursuant to the provisions of this chapter for evaluating and awarding contracts.

     7.”.

     Amend sec. 8, page 5, line 4, by deleting “4” and inserting “6”.

     Amend sec. 8, page 5, between lines 15 and 16, by inserting:

     “8.  The local government shall retain the professional services of a third-party consultant with the requisite technical expertise to assist the local government in reviewing the operating cost-savings measures proposed by the qualified service company and may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant. 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 local government in coordination with the qualified service company.”.

     Amend sec. 10, page 5, line 37, by deleting “contract the” and inserting “contract”.

     Amend sec. 10, page 5, line 43, by deleting “4” and inserting “20”.

     Amend sec. 14, page 7, line 20, by deleting “may” and inserting “must”.

     Amend sec. 14, page 7, line 21, after “necessary” by inserting:

“by the city or county treasurer, as appropriate,”.

     Amend sec. 22, page 9, line 42, by deleting “contract.” and inserting:

“contract that is subject to the provisions of NRS 353.500 to 353.630, inclusive.”.

     Amend sec. 22, page 11, line 9, after “shall” by inserting:

“ensure that each appropriate qualified service company is notified of the using agency’s interest in entering into a performance contract and”.

     Amend sec. 22, page 11, line 10, by deleting “appropriate”.

     Amend sec. 22, page 11, by deleting lines 21 through 25 and inserting:

     “6.  The using agency shall:

     (a) Evaluate the proposals and presentations made pursuant to subsection 5; and

     (b) Select a qualified service company,

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pursuant to the provisions of this chapter, and any regulations adopted pursuant thereto, for evaluating and awarding contracts.”.

     Amend sec. 22, page 11, line 26, by deleting “6.” and inserting “7.”.

     Amend sec. 22, page 11, line 27, by deleting “5” and inserting “6”.

     Amend sec. 22, pages 11 and 12, by deleting lines 42 through 45 on page 11 and lines 1 through 3 on page 12, and inserting:

     “8.  The using agency shall retain the professional services of a third-party consultant with the requisite technical expertise to assist the using agency in reviewing the operating cost-savings measures proposed by the qualified service company. The Purchasing Division may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant.”.

     Amend sec. 24, page 13, line 2, by deleting “4” and inserting “20”.

     Amend sec. 25, page 13, by deleting lines 10 through 13 and inserting:

     “2.  The period over which payments are made on a performance contract must equal the period over which the operating cost savings are amortized. Payments on a performance contract must not commence until the operating cost-savings measures have been installed by the qualified service company.”.

     Amend sec. 29, page 14, line 13, by deleting “may” and inserting “must”.

     Amend sec. 29, page 14, line 14, after “necessary” by inserting:

“by the State Treasurer”.

     Amend sec. 30, page 14, line 18, by deleting “2003, and” and inserting “2003.”.

     Amend sec. 30, page 14, by deleting line 19.

     Amend the title of the bill, first line, by deleting “a temporary” and inserting “an”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Establishes alternative procedure pursuant to which certain performance contracts for cost-savings energy measures in buildings occupied by governmental entities are bid. (BDR 27‑1115)”.