Bill Text: GA SB113 | 2011-2012 | Regular Session | Introduced
Bill Title: Local government; municipal corporations; contracts; does not change/conflict with any existing authority
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-12 - Effective Date [SB113 Detail]
Download: Georgia-2011-SB113-Introduced.html
12 SB113/AP
Senate
Bill 113
By:
Senator Carter of the 1st
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 36-91-2 of the Official Code of Georgia Annotated, relating
to definitions relative to public works construction projects, so as to define
"public works construction"; to amend Chapter 37 of Title 50 of the Official
Code of Georgia Annotated, relating to guaranteed energy savings performance
contracts, so as to clarify that the authority of counties and municipal
corporations to enter into such contracts is in addition to and does not change
or conflict with any otherwise existing authority to enter into such contracts;
to provide for definitions; to change certain provisions relating to government
units entering into guaranteed energy savings performance contracts; to change
certain provisions relating to guaranteed energy savings contracts provisions;
to change certain provisions relating to review of capital improvement projects;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 36-91-2 of the Official Code of Georgia Annotated, relating to
definitions relative to public works construction projects, is amended by
revising paragraph (12) as follows:
"(12)
'Public works construction' means the building, altering, repairing, improving,
or demolishing of any public structure or building or other public improvements
of any kind to any public real property other than those projects covered by
Chapter 4 of Title 32
or by Chapter
37 of Title 50. Such term does not
include the routine operation, repair, or maintenance of existing structures,
buildings, or real
property, or
any energy savings performance contract or any improvements or installations
performed as part of an energy savings performance
contract."
SECTION
2.
Chapter
37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed
energy savings performance contracts, is amended by revising paragraph (6) of
Code Section 50-37-2, relating to definitions relative to guaranteed energy
savings performance contracts, as follows:
"(6)
'Governmental unit' means any
officer,
employee, authority, board, bureau,
commission, department, agency, or institution of
a
state or
local government
agency,
including, but not limited to, any
state
agency, state-aided institution, or any
county,
city,
district, municipal corporation,
municipality,
municipal authority, political
subdivision,
consolidated
government, or school
district,
educational institution, incorporated town, county institution district, other
incorporated district, or other public
instrumentality which has the authority to
contract for the construction, reconstruction, alteration, or repair of any
public building or other public work."
SECTION
3.
Said
chapter is further amended by revising Code Section 50-37-3, relating to
governmental units entering into guaranteed energy savings performance
contracts, as follows:
"50-37-3.
(a)
A
Where not
otherwise authorized by another provision of general law or local Act,
a governmental unit may enter into a
guaranteed energy savings performance contract with a qualified provider in
accordance with the provisions of this
chapter. The
provisions of this chapter shall apply only to contracts entered into by a
governmental unit pursuant to the authority granted by this
chapter
or in
accordance with another statutorily authorized procurement
process.
(b)
If in
accordance with applicable law the award of a contract by a governmental unit
requires action at a public meeting, a governmental unit may award a guaranteed
energy savings performance contract at a public meeting, if it has provided
public notice in the manner prescribed under applicable law relating to open
meetings, and the notice shall include the names of the parties to the contract
and the purpose of the contract. For governmental units that are not required
to take actions on contracts at public meetings, the governmental unit may award
a guaranteed energy savings performance contract in accordance with the
procedures adopted by the governmental unit and the requirements of all
applicable laws
Reserved.
(c)
Selection
of qualified energy services
provider.
The
When a
governmental unit is acting pursuant to the power granted by this chapter and
not under any otherwise applicable law,
the process of implementing guaranteed
energy savings performance contracts for governmental units shall
include
be subject to
the following:
"(1)
Prequalification
of qualified energy services providers.
The authority shall be authorized to assemble a list of prequalified energy
services providers. The director shall attempt to use objective criteria in the
selection process. The criteria for evaluation shall include the following
factors to assess the capability of the qualified energy services provider in
the areas of design, engineering, installation, maintenance, and repairs
associated with guaranteed energy savings performance
contracts;:
post-installation
postinstallation
project monitoring, data collection, and verification of and reporting of
savings; overall project experience and qualifications; management capability;
ability to access long-term sources of project financing; experience with
projects of similar size and scope; and other factors determined by the director
to be relevant and appropriate and relate to the ability to perform the project.
The prequalification term of the established list of qualified energy
service
services
providers shall be three years. The director
shall again
assemble a
may add
additional qualified energy services providers to
the list of
prequalified
qualified
energy
service
services
providers
every three
years from the commencement of each
at any time
during the prequalification term. A
qualified energy services provider may be removed from the list upon a
determination by the director that said
qualified
energy services provider fails to meet the
criteria for continued inclusion; and
(2)
Request
for proposals. Before entering into a
guaranteed energy savings performance contract under this chapter, a
governmental unit
may
and
that
is a state agency shall issue a request
for proposals from at least three qualified energy services providers on the
prequalifications list prepared and maintained by the director.
Before
entering into a guaranteed energy savings performance contract under this
chapter, a governmental unit that is a county, municipality, or other local
governmental entity shall be required to issue a request for proposals from at
least two qualified energy services providers if such providers are available.
In addition, a local governmental entity shall publicly advertise the energy
services contract opportunity and post notice of such opportunity in the local
governmental entity's office and, if available, on the governmental entity's
Internet website. A local governmental entity shall not be required to request
proposals from providers on the prequalifications list maintained by the
director or otherwise be required to utilize the authority's list of
prequalified energy services providers.
(3)
A governmental unit may thereafter award the guaranteed energy savings
performance contract to the qualified energy services provider that best meets
the needs of the governmental unit, which need not be the lowest cost provided.
A preliminary technical proposal shall be prepared by the qualified energy
services provider in response to the request for proposals. Factors to be
included in selecting the most qualified energy services provider for award of
the guaranteed energy savings performance contract shall include, but not be
limited to, the
comprehensiveness
of the proposal, comprehensiveness of cost-saving
measures, experience
of the
provider, quality of
technical
the
project approach,
type of
technology employed by the provider,
overall benefits to the governmental unit, and other factors determined by the
governmental unit to be relevant to the implementation of the
project.
(d)
The governmental unit shall select the qualified energy services provider that
best meets the needs of the governmental unit in accordance with criteria
established by the governmental unit.
For
governmental units that are not required to take actions on contracts at public
meetings, the governmental unit shall provide public notice of the award of the
guaranteed energy savings performance contract within 30 days. The notice shall
include the names of the parties to the contract and the purpose of the
contract. For governmental units that are required to take actions on contracts
at public meetings, the public notice shall be made at least ten days prior to
the meeting. After reviewing the proposals pursuant to subsection (e) of this
Code section, a governmental unit may enter into an investment grade energy
audit agreement with the selected qualified energy services provider for the
provision of the energy audit report described in subsection (e) of this Code
section.
(e)
Before executing the guaranteed energy savings performance contract, the
qualified energy services provider shall provide the governmental unit with an
energy audit report summarizing recommendations for energy conservation measures
based on anticipated energy, operational water, or waste-water cost savings or
revenue increases resulting from the energy conservation measures. The energy
audit report shall include estimates of all costs of installation, maintenance,
repairs, and debt service and estimates of the amounts by which energy or
operating costs will be reduced.
(f)
Notwithstanding
any other provision of law governing the letting of public contracts,
a
A
governmental unit may enter into guaranteed energy savings performance contracts
with each qualified energy services provider selected in accordance with the
provisions of this chapter. The governmental unit may elect to implement the
energy conservation measures in one or more phases with the selected qualified
energy services provider."
SECTION
4.
Said
chapter is further amended by revising subsection (g) of Code Section 50-37-4,
relating to guaranteed energy savings contracts provisions, as
follows:
"(g)
Reporting.
Upon execution of a guaranteed energy savings performance contract
that reduces
the governmental unit's annual electric usage by more than 100 megawatt
hours, the governmental unit shall provide
written notice to its utility providers describing the energy conservation
measures to be installed. Additionally, the authority shall make publicly
available an annual list of all guaranteed energy savings performance contracts
that are signed in each calendar year."
SECTION
5.
Said
chapter is further amended by revising Code Section 50-37-6, relating to review
of capital improvement projects, as follows:
"50-37-6.
Every
governmental
unit
state
agency shall periodically review all
proposed capital improvement projects for potential applicability of this
chapter and shall first consider proceeding with a guaranteed energy savings
performance contract under this chapter where appropriate."
SECTION
6.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.