US Laws, Codes, Statutes & Cases

[§ 307.04.1] § 307.041. Installment payment contracts for energy conservation measures.
 

(A)  As used in this section, "energy conservation measure" means an installation or modification of an installation in, or remodeling of, an existing building, to reduce energy consumption. It includes: 

(1) Insulation of the building structure and of systems within the building; 

(2) Storm windows and doors, 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) Caulking and weatherstripping; 

(6) Replacement or modification of lighting fixtures to increase the energy efficiency of the system without increasing the overall illumination of a facility, unless such an increase in illumination is necessary to conform to the applicable state or local building code for the proposed lighting system; 

(7) Energy recovery systems; 

(8) 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; 

(9) Any other modification, installation, or remodeling approved by the board of county commissioners as an energy conservation measure. 

(B)  For the purpose of evaluating county buildings for energy conservation measures, a county may contract with an architect, professional engineer, energy services company, contractor, or other person experienced in the design and implementation of energy conservation measures for a report that analyzes the buildings' energy needs and presents recommendations for building installations, modifications of existing installations, or building remodeling that would significantly reduce energy consumption in the buildings owned by that county. The report shall include estimates of all costs of such installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, and repairs, and estimates of the amounts by which energy consumption could be reduced. 

(C)  A county desiring to implement energy conservation measures may proceed under either of the following methods: 

(1) Using a report or any part of a report prepared under division (B) of this section, advertise for bids and comply with sections 307.86 to 307.92 of the Revised Code; 

(2) Notwithstanding sections 307.86 to 307.92 of the Revised Code, request proposals from at least three vendors for the implementation of energy conservation measures. Prior to sending any installer of energy conservation measures a copy of any such request, the county shall advertise its intent to request proposals for the installation of energy conservation measures in a newspaper of general circulation in the county once a week for two consecutive weeks. The notice shall state that the county intends to request proposals for the installation of energy conservation measures; indicate the date, which shall be at least ten days after the second publication, on which the request for proposals will be mailed to installers of energy conservation measures; and state that any installer of energy conservation measures interested in receiving the request for proposal shall submit written notice to the county not later than noon of the day on which the request for proposal will be mailed. 

Upon receiving the proposals, the county shall analyze them and select the proposal or proposals most likely to result in the greatest energy savings considering the cost of the project and the county's ability to pay for the improvements with current revenues or by financing the improvements. The awarding of a contract to install energy conservation measures under division (C)(2) of this section shall be conditioned upon a finding by the contracting authority that the amount of money spent on energy savings measures is not likely to exceed the amount of money the county would save in energy and operating costs over ten years or a lesser period as determined by the contracting authority or, in the case of contracts for cogeneration systems, over five years or a lesser period as determined by the contracting authority. Nothing in this section prohibits a county from rejecting all proposals or from selecting more than one proposal. 

(D)  A board of county commissioners may enter into an installment payment contract for the purchase and installation of energy conservation measures. Those provisions of such installment payment contracts that deal with interest charges and financing terms shall not be subject to the competitive bidding requirements of section 307.86 of the Revised Code, and shall be on the following terms: 

(1) Not less than one-tenth of the costs of the contract shall be paid within two years from the date of purchase. 

(2) The remaining balance of the costs of the contract shall be paid within ten years from the date of purchase or, in the case of contracts for cogeneration systems, within five years from the date of purchase. 

Unless otherwise approved by a resolution of the board, an installment payment contract entered into by a board of county commissioners under this section shall require the board to contract in accordance with section 307.86 of the Revised Code for the installation, modification, or remodeling of energy conservation measures pursuant to this section. 

(E)  The board may issue the notes of the county specifying the terms of the purchase and securing the deferred payments provided in this section, payable at the times provided and bearing interest at a rate not exceeding the rate determined as provided in section 9.95 of the Revised Code. The notes may contain an option for prepayment and shall not be subject to Chapter 133. of the Revised Code. Revenues derived from local taxes or otherwise, for the purpose of conserving energy or for defraying the current operating expenses of the county, may be applied to the payment of interest and the retirement of such notes. The notes may be sold at private sale or given to the contractor under the installment payment contract authorized by division (D) of this section. 

(F)  Debt incurred under this section shall not be included in the calculation of the net indebtedness of a county under section 133.07 of the Revised Code. 
 

HISTORY: 145 v H 300. Eff 7-1-94.