717.02. Installment payment contracts for energy conservation measures.


§ 717.02. 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 legislative authority of the municipal corporation as an energy conservation measure. 

(B)  The legislative authority of a municipal corporation may enter into an installment payment contract for the purchase and installation of energy conservation measures. The legislative authority may issue the notes of the municipal corporation specifying the terms of the purchase and securing the deferred payments provided in the contract, 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 municipal corporation, 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 this division. 

(C)  Debt incurred under this section shall not be included in the calculation of the net indebtedness of a municipal corporation under section 133.05 of the Revised Code. 
 

HISTORY: 145 v H 300. Eff 7-1-94.
 

Not analogous to former RC § 717.02 (Bureau of Code Revision, 10-1-53; 128 v 780; 136 v S 164; 136 v S 545), repealed 138 v S 98, § 2, eff 10-6-80.