This text of Indiana § 36-1-12.5-5 (Agreements to participate in programs or enter into contracts;
necessary findings, notice, and provisions) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The governing body may enter into an
agreement with a public utility to participate in a utility efficiency
program or enter into a guaranteed savings contract with a qualified
provider to increase the political subdivision's billable revenues or
reduce the school corporation's or the political subdivision's energy or
water consumption, wastewater usage costs, or operating costs if, after
review of the report described in section 6 of this chapter, the
governing body finds:
(1)in the case of conservation measures other than those that are
part of a project related to the alteration of a water or wastewater
structure or system, that the amount the governing body would
spend on the conservation measures under the contract and that
are recommended in the report is not likely to exceed th
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(a) The governing body may enter into an
agreement with a public utility to participate in a utility efficiency
program or enter into a guaranteed savings contract with a qualified
provider to increase the political subdivision's billable revenues or
reduce the school corporation's or the political subdivision's energy or
water consumption, wastewater usage costs, or operating costs if, after
review of the report described in section 6 of this chapter, the
governing body finds:
(1) in the case of conservation measures other than those that are
part of a project related to the alteration of a water or wastewater
structure or system, that the amount the governing body would
spend on the conservation measures under the contract and that
are recommended in the report is not likely to exceed the amount
to be saved in energy consumption costs and other operating costs
over twenty (20) years from the date of installation if the
recommendations in the report were followed;
(2) in the case of conservation measures that are part of a project
related to the alteration of a water or wastewater structure or
system, that the amount the governing body would spend on the
conservation measures under the contract and that are
recommended in the report is not likely to exceed the amount of
increased billable revenues or the amount to be saved in energy
and water consumption costs, wastewater usage costs, and other
operating costs over twenty (20) years from the date of
installation if the recommendations in the report were followed;
and
(3) in the case of a guaranteed savings contract, the qualified
provider provides a written guarantee as described in subsection
(d)(3).
(b) Before entering into an agreement to participate in a utility
efficiency program or a guaranteed savings contract under this section,
the governing body must publish notice under subsection (c)
indicating:
(1) that the governing body is requesting public utilities or
qualified providers to propose conservation measures through:
(A) a utility efficiency program; or
(B) a guaranteed savings contract; and
(2) the date, the time, and the place where proposals must be
received.
(c) The notice required by subsection (b) must be published two (2)
times with at least one (1) week between publications:
(1) with each publication of notice in accordance with IC 5-3-1-1
in two (2) newspapers of general circulation in the county where
the school corporation or the political subdivision is located; or
(2) with the first publication of notice in the newspapers
described in subdivision (1) and the second publication of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official web site of the school corporation or the
political subdivision.
The second publication must be made at least thirty (30) days before
the date by which proposals must be received.
(d) An agreement to participate in a utility efficiency program or
guaranteed savings contract under this section must provide that:
(1) in the case of conservation measures other than those that are
part of a project related to the alteration of a water or wastewater
structure or system, all payments, except obligations upon the
termination of the agreement or contract before the agreement or
contract expires, may be made to the public utility or qualified
provider (whichever applies) in installments, not to exceed the
lesser of twenty (20) years or the average life of the conservation
measures installed from the date of final installation;
(2) in the case of conservation measures that are part of a project
related to the alteration of a water or wastewater structure or
system, all payments, except obligations upon the termination of
the agreement or contract before the agreement or contract
expires, may be made to the public utility or qualified provider
(whichever applies) in installments, not to exceed the lesser of
twenty (20) years or the average life of the conservation measures
installed from the date of final installation;
(3) in the case of the guaranteed savings contract:
(A) the:
(i) savings in energy and water consumption costs,
wastewater usage costs, and other operating costs; and
(ii) increase in billable revenues;
due to the conservation measures are guaranteed to cover the
costs of the payments for the measures; and
(B) the qualified provider will reimburse the school corporation
or political subdivision for the difference between the
guaranteed savings and the actual savings; and
(4) payments are subject to annual appropriation by the fiscal
body of the school corporation or political subdivision and do not
constitute an indebtedness of the school corporation or political
subdivision within the meaning of a constitutional or statutory
debt limitation.