PRINTER'S NO. 1926
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1313
Session of
2015
INTRODUCED BY WHITE, SCHWANK, FOLMER, BARTOLOTTA AND MENSCH,
JUNE 14, 2016
REFERRED TO STATE GOVERNMENT, JUNE 14, 2016
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in contract clauses and preference provisions,
further providing for definitions and for funding.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Paragraphs (4) and (13) of the definition of
"energy conservation measure" in section 3752 of Title 62 of the
Pennsylvania Consolidated Statutes 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:
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* * *
(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:
(i) Avoided current or planned capital expense.
(ii) Transfer of responsibility for operating and
maintaining and equipment repair and replacement to the
e nergy savings company .
(iii) 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 savings company." A commercial or nonprofit business
providing 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
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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 savings company project, will not be
necessary.
* * *
Section 2. Section 3755(c) of Title 62 is amended to read:
§ 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.
Section 3. This act shall take effect in 60 days.
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