7 LONG TITLE
8 General Description:
9 This bill addresses state and local energy efficiency programs.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies and renames the Facility Energy Efficiency Act;
13 ▸ modifies provisions relating to the State Building Energy Efficiency Program; and
14 ▸ modifies state and local provisions relating to energy efficiency programs.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 11-44-101, as enacted by Laws of Utah 2010, Chapter 244
22 11-44-102, as enacted by Laws of Utah 2010, Chapter 244
23 11-44-201, as enacted by Laws of Utah 2010, Chapter 244
24 11-44-202, as last amended by Laws of Utah 2012, Chapter 347
25 11-44-203, as enacted by Laws of Utah 2010, Chapter 244
26 11-44-301, as last amended by Laws of Utah 2012, Chapter 347
27 11-44-302, as enacted by Laws of Utah 2010, Chapter 244
28 63A-1-112, as last amended by Laws of Utah 2008, Chapter 382
29 63A-5-701, as last amended by Laws of Utah 2012, Chapter 242
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 11-44-101 is amended to read:
34 11-44-101. Title.
35 This chapter is known as the "[
36 Section 2. Section 11-44-102 is amended to read:
37 11-44-102. Definitions.
38 As used in this chapter:
39 (1) "Alternative fuel vehicle" means a motor vehicle that is not powered exclusively by
40 a petroleum fuel source.
42 replacement expenditure, by a political subdivision resulting from [
43 efficiency measure adopted under this chapter.
45 constructed on property owned by a political subdivision.
46 (b) "Facility" does not mean a privately owned structure that is located on property
47 owned by a political subdivision.
49 agreement between a political subdivision and a qualified [
50 service provider for evaluation, recommendation, and implementation of one or more [
51 performance efficiency measures.
53 political subdivision that reduces the political subdivision's:
54 (i) energy consumption;
55 (ii) water use; [
56 (iii) sewage use[
57 (iv) operation and maintenance costs.
58 (b) [
59 (i) insulation installed in a wall, roof, floor, foundation, or heating and cooling
60 distribution system;
61 (ii) a storm window or door, multiglazed window or door, heat absorbing or heat
62 reflective glazed and coated window or door system, additional glazing, or reduction in glass
64 (iii) an automatic energy control system;
65 (iv) a heating, ventilating, or air conditioning and distribution system modification or
66 replacement in a facility;
67 (v) caulking and weatherstripping;
68 (vi) a replacement or modification of a lighting fixture to increase the energy efficiency
69 of the lighting system without increasing the overall illumination of a facility unless the
70 increase in illumination is necessary to conform to the applicable building code for the
71 proposed lighting system;
72 (vii) an energy recovery system;
73 (viii) a cogeneration system that produces steam or another form of energy for use
74 primarily within a facility;
75 (ix) a renewable energy or alternate energy system;
76 (x) a change in operation or maintenance practice;
77 (xi) a procurement of a low-cost energy supply, including electricity, natural gas, or
79 (xii) an indoor air quality improvement that conforms to applicable building code
81 (xiii) a daylighting system;
82 (xiv) a building operation program that provides cost savings, including computerized
83 energy management and consumption tracking programs or staff and occupant training; [
84 (xv) a service to reduce utility costs by identifying utility errors and optimizing rate
86 (xvi) the purchase and operation of an alternative fuel vehicle and the infrastructure to
87 support the operation of alternative fuel vehicles.
89 established by a political subdivision under this chapter to adopt [
90 efficiency measure.
93 (a) has a record of successful [
94 (b) has:
95 (i) experience in the design, implementation, and installation of [
96 efficiency measures;
97 (ii) technical capabilities to ensure that [
98 measure generates cost savings; and
99 (iii) the ability to secure the financing necessary to support the proposed [
100 performance efficiency measure.
101 Section 3. Section 11-44-201 is amended to read:
102 11-44-201. Political subdivision responsibilities -- State responsibilities.
103 (1) A political subdivision may:
104 (a) enter into [
105 (b) develop and administer a [
106 (c) analyze energy consumption by the political subdivision;
107 (d) designate a staff member who is responsible for a [
108 efficiency program; and
109 (e) provide the governing body of the political subdivision with information regarding
110 the [
111 (2) The following entities may provide information, technical resources, and other
112 assistance to a political subdivision acting under this chapter:
113 (a) the Utah Geological Survey, created in Section 79-3-201;
114 (b) the State Board of Education, under Title 53A, Chapter 1, Administration of Public
115 Education at the State Level;
116 (c) the Division of Purchasing and General Services, created in Section 63A-2-101;
118 (d) the Division of Facilities Construction and Management, created in Section
120 Section 4. Section 11-44-202 is amended to read:
121 11-44-202. Types of agreements.
122 Notwithstanding Section 63G-6a-1205, a political subdivision shall structure [
125 (1) the design and installation of [
127 (2) operation and maintenance of [
128 implemented; and
129 (3) guaranteed annual cost savings that meet or exceed the total annual [
130 agreement payments by the political subdivision under the [
131 financing charges incurred by the political subdivision over the life of the [
132 Section 5. Section 11-44-203 is amended to read:
133 11-44-203. Length of agreements.
134 A political subdivision may only enter into [
135 efficiency agreement for more than one year if the political subdivision finds that the amount
136 the political subdivision would spend on the [
137 exceed the amount of the cost savings over 20 years from the date of installation of the
139 Section 6. Section 11-44-301 is amended to read:
140 11-44-301. Selection.
141 (1) A political subdivision shall follow the procedures outlined in Title 63G, Chapter
142 6a, Utah Procurement Code, when selecting a qualified [
144 (2) The Division of Purchasing shall maintain a list of qualified [
145 efficiency service providers.
146 (3) The qualified [
147 bid process shall prepare an investment grade [
148 final [
149 performance efficiency service provider.
150 (4) The audit shall include:
151 (a) a detailed description of the [
152 (b) an estimated cost; and
153 (c) a projected cost savings.
154 Section 7. Section 11-44-302 is amended to read:
155 11-44-302. Annual reports.
156 During the term of [
157 qualified [
158 political subdivision that provides the cost savings attributable to the [
159 efficiency measures taken by the political subdivision.
160 Section 8. Section 63A-1-112 is amended to read:
161 63A-1-112. Certificates of participation -- Legislative approval required --
162 Definition -- Exception.
163 (1) (a) Certificates of participation for either capital facilities or capital improvements
164 may not be issued by the department, its subdivisions, or any other state agency after July 1,
165 1985, without prior legislative approval.
166 (b) Nothing in this section affects the rights and obligations surrounding certificates of
167 participation that were issued prior to July 1, 1985.
168 (2) (a) As used in this section, "certificate of participation" means an instrument that
169 acts as evidence of the certificate holder's undivided interest in property being lease-purchased,
170 the payment on which is subject to appropriation by the Legislature.
171 (b) (i) [
172 performance efficiency agreement" [
173 in Section 63A-5-701.
174 (ii) "Certificate of participation" does not include [
175 efficiency agreement.
176 Section 9. Section 63A-5-701 is amended to read:
177 63A-5-701. State Building Energy Efficiency Program.
178 (1) For purposes of this section:
179 (a) "Division" means the Division of Facilities Construction and Management
180 established in Section 63A-5-201.
185 (b) "Energy efficiency measure" means an action taken or initiated by a state agency
187 (i) reduces the state agency's energy or fuel use or resource energy consumption, water
188 or other resource consumption, operation and maintenance costs, or cost of energy, fuel, water,
189 or other resource; or
190 (ii) increases the state agency's energy or fuel efficiency or resource consumption
192 (c) [
193 into by a state agency whereby the state agency implements one or more energy efficiency
194 measures and finances the costs associated with implementation of [
195 efficiency measures using the stream of expected savings in [
196 implementation of the [
198 (d) "State agency" means each executive, legislative, and judicial branch department,
199 agency, board, commission, or division, and includes a state institution of higher education as
200 defined in Section 53B-3-102.
201 (e) "State Building Energy Efficiency Program" means a program established under
202 this section for the purpose of improving energy efficiency measures and reducing the energy
203 costs for state facilities.
204 (f) (i) "State facility" means any building, structure, or other improvement that is
205 constructed on property owned by the state, its departments, commissions, institutions, or
206 agencies, or a state institution of higher education.
207 (ii) "State facility" does not mean:
208 (A) an unoccupied structure that is a component of the state highway system;
209 (B) a privately owned structure that is located on property owned by the state, its
210 departments, commissions, institutions, or agencies, or a state institution of higher education;
212 (C) a structure that is located on land administered by the School and Institutional
213 Trust Lands Administration under a lease, permit, or contract with the School and Institutional
214 Trust Lands Administration.
215 (2) The division shall:
216 (a) develop and administer the state building energy efficiency program, which shall
217 include guidelines and procedures to improve energy efficiency in the maintenance and
218 management of state facilities;
219 (b) provide information and assistance to state agencies in their efforts to improve
220 energy efficiency;
221 (c) analyze energy consumption by state agencies to identify opportunities for
222 improved energy efficiency;
223 (d) establish an advisory group composed of representatives of state agencies to
224 provide information and assistance in the development and implementation of the state
225 building energy efficiency program; and
226 (e) submit to the governor and to the Infrastructure and General Government
227 Appropriations Subcommittee of the Legislature an annual report that:
228 (i) identifies strategies for long-term improvement in energy efficiency;
229 (ii) identifies goals for energy conservation for the upcoming year; and
230 (iii) details energy management programs and strategies that were undertaken in the
231 previous year to improve the energy efficiency of state agencies and the energy savings
233 (3) Each state agency shall:
234 (a) designate a staff member that is responsible for coordinating energy efficiency
235 efforts within the agency;
236 (b) provide energy consumption and costs information to the division;
237 (c) develop strategies for improving energy efficiency and reducing energy costs; and
238 (d) provide the division with information regarding the agency's energy efficiency and
239 reduction strategies.
240 (4) (a) A state agency may enter into [
241 agreement for a term of up to 20 years.
242 (b) Before entering into [
243 state agency shall:
244 (i) utilize the division to oversee the project unless the project is exempt from the
245 division's oversight or the oversight is delegated to the agency under the provisions of Section
247 (ii) obtain the prior approval of the governor or the governor's designee; and
248 (iii) provide the Office of Legislative Fiscal Analyst with a copy of the proposed
249 agreement before the agency enters into the agreement.