(1)A state agency may enter
into an energy cost-savings contract with any person or entity experienced in the
design and implementation of utility cost-savings measures for buildings or other
facilities, with any person or entity experienced in the calculation and analysis of
vehicle fleet operational and fuel cost savings, or with the entity or person who
performed the energy analysis and recommendations pursuant to section 24-30-2002 if:
(a)(I) In the case of a utility cost-savings contract, the energy analysis and
recommendations made pursuant to section 24-30-2002 indicate that the expected
annual contract payments required under the utility cost-savings contract and any
additional maintenance costs for one or more utility cost-savings measures are
expected to be equal to o
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(1) A state agency may enter
into an energy cost-savings contract with any person or entity experienced in the
design and implementation of utility cost-savings measures for buildings or other
facilities, with any person or entity experienced in the calculation and analysis of
vehicle fleet operational and fuel cost savings, or with the entity or person who
performed the energy analysis and recommendations pursuant to section 24-30-2002 if:
(a) (I) In the case of a utility cost-savings contract, the energy analysis and
recommendations made pursuant to section 24-30-2002 indicate that the expected
annual contract payments required under the utility cost-savings contract and any
additional maintenance costs for one or more utility cost-savings measures are
expected to be equal to or less than the sum of the utility cost savings and
operation and maintenance cost savings achieved by the implementation of such
measures on an annual basis; or
(II) In the case of a vehicle fleet operational and fuel cost-savings contract,
the energy analysis and recommendations made pursuant to section 24-30-2002
indicate that the expected annual contract payments required under the vehicle
fleet operational and fuel cost-savings contract for one or more vehicle fleet
operational and fuel cost-savings measures are expected to be equal to or less than
the sum of the vehicle fleet cost savings achieved by the implementation of such
measures on an annual basis; and
(b) The state personnel director or the director's designee, with input from
the director of the state energy office, pursuant to criteria contained in procedures
established by the state personnel director, approves the energy analysis and
recommendations made pursuant to section 24-30-2002.
(2) (a) Except as provided in paragraph (b) of this subsection (2), an energy
cost-savings contract shall be negotiated by the state agency pursuant to the
negotiation requirements described in part 14 of this article.
(b) The negotiation requirements described in part 14 of this article and any
other state competitive bidding or procurement provision shall not apply to a state
agency that enters into an energy cost-savings contract with the entity or person
who performed the energy analysis for and made recommendations to the state
agency pursuant to section 24-30-2002.
(3) An energy cost-savings contract may include appropriate financed
purchase of an asset or certificate of participation or other authorized financing
agreements.
(4) The legislative authorization required by section 24-82-801 (1) shall not
apply to a financed purchase of an asset or certificate of participation agreement in
an energy cost-savings contract and no subsequent legislative authorization shall
be required for any payment made pursuant to such an agreement.
(5) Payments by a state agency required under an energy cost-savings
contract may be made from moneys appropriated to the state agency for operating
expenses or utilities appropriations available to the state agency at the time the
contract payments are due.
(6) The provisions of articles 91 and 92 of this title shall not apply to utility
cost-savings contracts.
(7) Utility cost-savings contracts shall be subject only to the supervisory
provisions of part 13 of this article.
(8) All savings realized as a result of an energy cost-savings contract that
are in excess of the annual calculated savings by such contract may be utilized as
provided in section 24-75-108 (3).
(9) The energy cost-savings contracts authorized by this section shall
provide that all of the obligations of the state under such contracts shall be subject
to the action of the general assembly in annually making moneys available for all
payments thereunder and that the obligations shall not be deemed or construed as
creating an indebtedness of the state within the meaning of any provision of the
state constitution or the laws of the state concerning or limiting the creation of
indebtedness by the state and shall not constitute a multiple fiscal-year direct or
indirect debt or other financial obligation of the state within the meaning of section
20 (4) of article X of the constitution.
(10) The state personnel director may establish procedures containing
criteria for authorization of energy cost-savings contracts.