Bill Text: OR HB3102 | 2013 | Regular Session | Introduced
Bill Title: Relating to energy savings performance contracts; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3102 Detail]
Download: Oregon-2013-HB3102-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session NOTE: Matter within { + braces and plus signs + } in an amended section is new. Matter within { - braces and minus signs - } is existing law to be omitted. New sections are within { + braces and plus signs + } . LC 1004 House Bill 3102 Sponsored by COMMITTEE ON ENERGY AND ENVIRONMENT SUMMARY The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the measure as introduced. Exempts energy savings performance contracts, under certain circumstances, from requirement to use competitive bidding process to award public improvement contracts. Specifies circumstances. Becomes operative 91 days after effective date of Act. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to energy savings performance contracts; creating new provisions; amending ORS 279C.335; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 279C.335 is amended to read: 279C.335. { - (1) All public improvement contracts shall be based upon competitive bids except: - } { + (1) A contracting agency shall use a competitive bidding process as the basis for awarding a public improvement contract, except for: + } (a) { - Contracts made - } { + A contract + } with { + a + } qualified nonprofit { - agencies providing - } { + agency that provides + } employment opportunities for individuals with disabilities under ORS 279.835 to 279.855. (b) A public improvement contract { + that is + } exempt under subsection (2) of this section. (c) A public improvement contract with a value of less than $5,000. (d) A contract { - not to - } { + with a contract price that does not + } exceed $100,000 made under procedures for competitive quotes in ORS 279C.412 and 279C.414. (e) { - Contracts for - } { + A contract to + } repair, { - maintenance, improvement or protection of - } { + maintain, improve or protect + } property { - obtained by - } the Department of Veterans' Affairs { + obtains + } under ORS 407.135 and 407.145 (1). (f) { + An + } energy savings performance { - contracts entered into - } { + contract that a contracting agency enters into with an energy service company + } in accordance with rules of procedure adopted under ORS 279A.065 { + or after choosing the energy service company from among prequalified energy service companies that appear on a list that the State Department of Energy designates by rule + }. (2) Subject to subsection (4)(b) of this section, the Director of the Oregon Department of Administrative Services, a local contract review board or, for contracts described in ORS 279A.050 (3)(b), the Director of Transportation may exempt a public improvement contract or a class of public improvement contracts from the competitive bidding requirements of subsection (1) of this section { - upon approval of - } { + after the director or the local contract review board approves + } the following findings submitted by the contracting agency or, if a state agency is not the contracting agency, the state agency { - seeking - } { + that seeks + } the exemption: (a) { - It is unlikely that - } The exemption { - will - } { + is unlikely to + } encourage favoritism in { - the awarding of - } { + awarding + } public improvement contracts or { + to + } substantially diminish competition for public improvement contracts. (b) { - The - } Awarding { - of - } { + a + } public improvement { - contracts - } { + contract + } under the exemption will likely result in substantial cost savings to the contracting agency, to the state agency based upon the justification and information described in ORS 279C.330 or, if the { - contracts are - } { + contract is + } for { + a + } public { - improvements - } { + improvement + } described in ORS 279A.050 (3)(b), to the contracting agency or the public. In { - making - } { + approving + } the finding, the Director of the Oregon Department of Administrative Services, the Director of Transportation or the local contract review board may consider the type, cost and amount of the contract, the number of persons available to bid and { - such - } other { + appropriate + } factors { - as may be deemed appropriate - } . (c) As an alternative to the finding described in paragraph (b) of this subsection, { - when - } { + if + } a contracting agency or state agency seeks an exemption that would allow the { + agency to + } use { - of - } an { - alternate - } { + alternative + } contracting method that the agency has not previously used, the agency may make a finding that identifies the project as a pilot project for which the agency intends to determine whether { - the use of the alternate - } { + using the alternative + } contracting method actually results in substantial cost savings to the contracting agency, to the state agency or, if the contract is for a public improvement described in ORS 279A.050 (3)(b), to the contracting agency or the public. The agency shall include an analysis and conclusion regarding actual cost savings, if any, in the evaluation required under ORS 279C.355. (3) In making findings to support an exemption for a class of public improvement contracts, the contracting agency or state agency shall clearly identify the class using the class's defining characteristics. { - Those - } { + The + } characteristics { - shall - } { + must + } include { - some - } { + a + } combination of project descriptions or locations, time periods, contract values, methods of procurement or other factors that distinguish the limited and related class of public improvement contracts from the agency's overall construction program. The agency may not identify a class solely by funding source, such as a particular bond fund, or by the method of procurement, but shall identify the class using characteristics that reasonably relate to the exemption criteria set forth in subsection (2) of this section. (4) In granting exemptions under subsection (2) of this section, the Director of the Oregon Department of Administrative Services, the Director of Transportation or the local contract review board shall: (a) { - When - } { + If + } appropriate, direct the use of { - alternate - } { + alternative + } contracting methods that take account of market realities and modern practices and are consistent with the public policy of encouraging competition. (b) Require and approve or disapprove written findings by the contracting agency or state agency that support { - the - } awarding { - of - } a particular public improvement contract or a class of public improvement contracts { - , - } without the competitive bidding requirement of subsection (1) of this section. The findings must show that the exemption of a contract or class of contracts complies with the requirements of subsection (2) of this section. (5)(a) { + A contracting agency or state agency shall hold a public hearing + }before { - final adoption of - } { + finally adopting + } the findings required by subsection (2) of this section { + and + } exempting a public improvement contract or a class of public improvement contracts from the requirement of competitive bidding { - , a contracting agency or state agency shall hold a public hearing - } . (b) Notification of the public hearing { - shall - } { + must + } be published in at least one trade newspaper of general statewide circulation a minimum of 14 days before the hearing. (c) The notice { - shall - } { + must + } state that the public hearing is for the purpose of taking comments on the draft findings for an exemption from the competitive bidding requirement. At the time of the notice, copies of the draft findings { - shall - } { + must + } be made available to the public. At the option of the contracting agency or state agency, the notice may describe the process by which the findings are finally adopted and may indicate the opportunity for { - any - } further public comment. (d) At the public hearing, the contracting agency or state agency shall offer an opportunity for any interested party to appear and present comment. (e) If a contracting agency or state agency { - is required to - } { + must + } act promptly { - due to - } { + because of + } circumstances beyond the agency's control that do not constitute an emergency, notification of the public hearing may be published simultaneously with the agency's solicitation of contractors for the alternative { - public - } contracting method, as long as responses to the solicitation are due at least five days after the { - meeting - } { + hearing + } and approval of the findings. (6) The purpose of an exemption is to exempt one or more public improvement contracts from competitive bidding requirements. The representations in and the accuracy of the findings, including { - any - } { + a + } general description of the resulting public improvement contract, are the bases for approving the findings and granting the { - exception - } { + exemption + }. The findings may describe anticipated features of the resulting public improvement contract, but the final parameters of the contract are those characteristics or specifics announced in the solicitation document. (7) A public improvement contract awarded under the competitive bidding requirement of subsection (1) of this section may be amended only in accordance with rules adopted under ORS 279A.065. (8) { + A + } public improvement { - contracts - } { + contract that is + } excepted from competitive { - bid - } { + bidding + } requirements under subsection (1)(a), (c), (d), (e) or (f) of this section { - are - } { + is + } not subject to the exemption requirements of subsection (2) of this section. SECTION 2. { + The amendments to ORS 279C.335 by section 1 of this 2013 Act apply to a contract that a contracting agency enters into on or after the operative date specified in section 3 of this 2013 Act. + } SECTION 3. { + (1) The amendments to ORS 279C.335 by section 1 of this 2013 Act become operative 91 days after the effective date of this 2013 Act. (2) The Attorney General, the Director of the Oregon Department of Administrative Services, the Director of Transportation or a contracting agency that adopts rules under ORS 279A.065 may take any action before the operative date specified in subsection (1) of this section that is necessary to enable the Attorney General, the director or the contracting agency to exercise, on and after the operative date specified in subsection (1) of this section, all of the duties, functions and powers conferred on the Attorney General, the director or the contracting agency by the amendments to ORS 279C.335 by section 1 of this 2013 Act. + } SECTION 4. { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage. + } ----------