PRIOR PRINTER'S NO. 1926
PRINTER'S NO. 1997
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1313
Session of
2015
INTRODUCED BY WHITE, SCHWANK, FOLMER, BARTOLOTTA, MENSCH,
YUDICHAK AND RESCHENTHALER, JUNE 14, 2016
SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, JUNE 28, 2016
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in contract clauses and preference provisions,
further providing for definitions, FOR CONTRACT PROVISIONS
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:
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
* * *
(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
20160SB1313PN1997 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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 SECTIONS 3754(A) AND 3755(c) of Title 62
is 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 SHALL EXPRESSLY STATE THE FINANCIAL
OBLIGATIONS THAT AN ENERGY SAVINGS COMPANY WILL REQUIRE USERS TO
PAY UPON A DECLARATION OF SAVINGS.
* * *
§ 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.
20160SB1313PN1997 - 3 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 3. This act shall take effect in 60 days.
20160SB1313PN1997 - 4 -
1