The Florida Senate

235.215  Energy efficiency contracting.--

(1)  DEFINITIONS.--For purposes of this section, the term:

(a)  "Energy conservation measure" means a training program or facility alteration that reduces energy consumption or operating costs and includes:

1.  Insulation of the building structure and systems within the building.

2.  Storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat-absorbing, or heat-reflective, glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption.

3.  Automatic energy control systems.

4.  Heating, ventilating, or air-conditioning system modifications or replacements.

5.  Replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made.

6.  Energy recovery systems.

7.  Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings.

8.  Energy conservation measures that provide long-term operating cost reductions and significantly reduce Btu consumed.

(b)  "Energy savings" means a measured reduction in fuel and energy costs created from the implementation of one or more energy conservation measures when compared with an established baseline previous fuel and energy costs.

(c)  "Guaranteed energy savings contract" means a contract for the evaluation and recommendation of energy conservation measures, including the design and installation of equipment to implement one or more of such measures. Such contract may include repair or replacement of existing equipment in a school, state community college, or state university plant, professional fees, and financing charges to be paid from the energy savings less agreed-upon inflation factors, and maintenance services where applicable.

(d)  "Qualified provider" means a person or business licensed pursuant to chapter 471, chapter 481, or chapter 489 and experienced in the design, implementation, and installation of energy conservation measures through the implementation of guaranteed energy savings contracts.

(2)  ENERGY EFFICIENCY CONTRACT.--A school district, state community college, or state university may enter into a guaranteed energy savings contract with a qualified provider to significantly reduce energy or operating costs through the implementation of one or more energy conservation measures. The qualified provider shall be selected in compliance with s. 287.055; except that in a case where a school district, state community college, or state university determines that fewer than three firms are qualified to perform the required services, the requirement for agency selection of three firms, as provided in s. 287.055(4)(b), shall not apply or the bid requirements of s. 287.057. Before entering into a contract pursuant to this section, the district school board, state community college, or state university shall provide published notice of the meeting in which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose. Before installation of equipment, modification, or remodeling, the qualified provider shall first issue a report summarizing estimates of all costs of installation, modification, or remodeling, including costs of design, engineering, installation, maintenance, repairs, or debt service, and estimates of the amounts by which energy or operating costs will be reduced.

(3)  CONTRACT PROVISIONS.--

(a)  A guaranteed energy savings contract shall include a written energy guarantee that savings will meet or exceed the cost of energy conservation measures.

(b)  The contract shall provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to exceed 10 years from the date of complete installation and school board, state community college, or state university acceptance, and the savings are guaranteed to the extent necessary to make payments for the systems.

(c)  A qualified provider to whom the contract is awarded shall provide a 100-percent project value bond to the school district, state community college, or state university for its faithful performance, as required by chapter 287.

(4)  SCHOOL DISTRICT ACTION.--A school district, state community college, or state university may enter into a guaranteed energy savings contract with a qualified provider if, after review of the report, it finds that the amount it would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over 10 years from the date of installation if the recommendations in the report were followed and if the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The guaranteed energy savings contract may provide for payments over a period of time not to exceed 10 years.

(5)  INSTALLATION CONTRACT.--A school district, state community college, or state university may enter into an installment payment contract for the purchase and installation of energy conservation measures. The contract shall provide for payments of not less than one-tenth of the price to be paid within 2 years from the date of the complete installation and school board, state community college, or state university acceptance, and the remaining costs to be paid at least quarterly, not to exceed a 10-year term.

(6)  CONTRACT CONTINUANCE.--Guaranteed energy savings contracts may extend beyond the fiscal year in which they become effective; however, the term of any contract shall expire at the end of each fiscal year and may be automatically renewed annually up to 10 years, subject to a school board, state community college, or state university making sufficient annual appropriations based upon continued realized energy savings. Such contracts shall stipulate that the agreement does not constitute a debt, liability, or obligation of the state or a school board, state community college, or state university, or a pledge of the faith and credit of the state or a school board, state community college, or state university.

History.--s. 2, ch. 92-123; s. 1, ch. 92-306.