Bill Text: IN HB1235 | 2011 | Regular Session | Introduced
Bill Title: Climate expenditure accountability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-12 - First reading: referred to Committee on Environmental Affairs [HB1235 Detail]
Download: Indiana-2011-HB1235-Introduced.html
Citations Affected: IC 4-13-20.
Synopsis: Climate expenditure accountability. Provides that if a
contract to which a state agency is a party includes a climate
expenditure, the contract must: (1) set forth: (A) the total cost of the
climate expenditure; (B) the amount, in metric tons, of the reduction in
carbon dioxide equivalent intended to be achieved through the climate
expenditure; and (C) the cost per metric ton of the reduction in carbon
dioxide equivalent intended to be achieved through the climate
expenditure; and (2) include a provision requiring the contractor, if not
in compliance with performance standards for the cost per metric ton
of the reduction in carbon dioxide equivalent intended to be achieved
through the climate expenditure, to: (A) provide certified carbon offsets
equal to the difference between the intended carbon dioxide equivalent
reduction set forth in the contract and the actual carbon dioxide
equivalent reduction achieved; or (B) refund a portion of the funds the
contractor received under the contract so that the cost per metric ton of
the actual carbon dioxide equivalent reduction achieved equals the cost
per metric ton of the reduction in carbon dioxide equivalent intended
to be achieved through the climate expenditure, as set forth in the
contract. Requires the office of management and budget to audit these
contracts to ensure that contractors meet performance standards for the
cost per metric ton of the reduction in carbon dioxide equivalent
intended to be achieved through the expenditure of state funds.
Requires a state agency that is a party to a climate expenditure contract
to provide semiannual reports to the office of management and budget
and the general assembly outlining the contractor's performance under
the contract.
Effective: July 1, 2011.
January 12, 2011, read first time and referred to Committee on Environmental Affairs.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Chapter 20. Climate Expenditure Accountability
Sec. 1. This chapter applies to contracts entered into or renewed after June 30, 2011.
Sec. 2. As used in this chapter, "carbon dioxide equivalent" means a quantity of a greenhouse gas that has the same global warming potential as the equivalent amount of carbon dioxide when measured over a specific period of time.
Sec. 3. As used in this chapter, "certified carbon offset" means a carbon credit certified to meet the United Nation's Clean Development Mechanism (CDM) as defined in Article 12 of the Kyoto Protocol.
Sec. 4. As used in this chapter, "climate expenditure" means the expenditure of state funds intended to reduce greenhouse gas emissions.
Sec. 5. (a) As used in this chapter, "greenhouse gas" means a chemical or physical substance that:
(1) is emitted into the air; and
(2) may cause or contribute to climate change.
(b) The term includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
Sec. 6. (a) If a contract to which a state agency is a party includes a climate expenditure, the contract must:
(1) set forth:
(A) the total cost of the climate expenditure;
(B) the amount, in metric tons, of the reduction in carbon dioxide equivalent intended to be achieved through the climate expenditure; and
(C) the cost per metric ton of the reduction in carbon dioxide equivalent intended to be achieved through the climate expenditure; and
(2) include a provision requiring the contractor, if not in compliance with the performance standards for the cost per metric ton of the reduction in carbon dioxide equivalent intended to be achieved through the climate expenditure, to:
(A) provide certified carbon offsets equal to the difference between:
(i) the intended carbon dioxide equivalent reduction set forth in the contract under subdivision (1)(B); and
(ii) the actual carbon dioxide equivalent reduction achieved; or
(B) refund a portion of the funds received by the contractor under the contract so that the cost per metric ton of the actual carbon dioxide equivalent reduction achieved equals the cost per metric ton of the intended carbon dioxide equivalent reduction set forth in the contract under subdivision (1)(C).
(b) The office of management and budget shall regularly audit contracts described in subsection (a) to ensure that contractors meet performance standards for the cost per metric ton of the reductions in carbon dioxide equivalent intended to be achieved through climate expenditures.
Sec. 7. (a) A state agency that is a party to a contract described in section 6 of this chapter shall provide semiannual reports to the office of management and budget and the general assembly outlining the contractor's performance under the contract, including the following:
(1) The total cost of the climate expenditure.
(2) The amount, in metric tons, of the reduction in carbon dioxide equivalent intended to be achieved through the climate expenditure.
(3) The cost per metric ton of the reduction in carbon dioxide equivalent intended to be achieved through the climate expenditure.
(4) The amount, in metric tons, of the reduction in carbon dioxide equivalent actually achieved through the climate expenditure.
(5) The cost per metric ton of the reduction in carbon dioxide equivalent actually achieved through the climate expenditure.
(b) A report to the general assembly described in subsection (a) must be in an electronic format under IC 5-14-6.
