H2107B4109A10890 AJM:JMT 10/25/16 #90 A10890
AMENDMENTS TO HOUSE BILL NO. 2107
Sponsor: SENATOR WHITE
Printer's No. 4109
Amend Bill, page 1, line 5, by striking out "and"
Amend Bill, page 1, line 6, by striking out the period after
"contracts" and inserting
; and, in contract clauses and preference provisions, further
providing for definitions, for contract provisions and for
funding.
Amend Bill, page 8, by inserting between lines 24 and 25
Section 4. Paragraphs (4) and (13) of the definition of
"energy conservation measure" in section 3752 of Title 62 are
amended and the section is amended by adding definitions to
read:
§ 3752. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Energy conservation measure." A program, facility
alteration or technology upgrade designed to reduce energy,
water, wastewater or other consumption or operating costs. The
term may include, without limitation:
* * *
(4) Heating, ventilating or air conditioning system
modifications [or], extension of systems to new or renovated
areas or system replacements.
* * *
(13) [Indoor air quality improvements.] Systems that
provide indoor air quality improvements or improved climate
control.
* * *
"Energy-related cost savings." As follows:
(1) A cost saving, except for an energy saving, that
results from the implementation of an energy conservation
measure.
(2) Sources of energy-related cost savings shall include
only the following:
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(i) Avoided current or planned capital expense.
(ii) Avoided renovation, renewal or repair costs as
a result of replacing old and unreliable equipment and
systems or thermal improvements to the building envelope.
"Energy services company." A qualified provider of energy
solutions, including designs and implementation of energy
savings projects, retrofitting, energy conservation, energy
infrastructure outsourcing, power generation and energy supply
and risk management.
* * *
"Operating costs." As follows:
(1) Reductions in expenses, including energy-related
cost savings, related to energy and water consuming equipment
or the building envelope.
(2) The term includes:
(i) Operating and maintenance savings.
(ii) Capital funds budgeted for projects that, due
to the energy services company project, will not be
necessary.
* * *
Section 5. Sections 3754(a) and 3755(c) of Title 62 are
amended to read:
§ 3754. Contract provisions.
(a) General rule.--A guaranteed energy savings contract may
provide that all payments, except obligations on termination of
the contract before its scheduled expiration, shall be made over
a period of time. Every guaranteed energy savings contract that
requires payments over a period of time shall provide that,
after the initial year of the contract, the savings in every
subsequent year are guaranteed to the extent necessary to make
payments under the contract during that year. A guaranteed
energy savings contract , in addition to the quantification and
guarantee of energy savings, shall expressly state , quantify and
validate the budgetary sources of all energy-related cost
savings and operating costs utilized to satisfy the financial
obligations and performance during the term of the agreement .
* * *
§ 3755. Funding.
* * *
(c) Grants, subsidies or other payments.--Grants, subsidies
or other payments from the Commonwealth to a governmental unit
shall not be reduced as a result of energy conservation measure
cost savings obtained as a result of a guaranteed energy savings
contract during the life of the contract.
Amend Bill, page 8, line 25, by striking out "4" and
inserting
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