2013 Indiana Code
TITLE 21. HIGHER EDUCATION
ARTICLE 33. STATE EDUCATIONAL INSTITUTIONS: APPROVAL OF PROJECTS; FUNDING
CHAPTER 4. QUALIFIED ENERGY SAVINGS PROJECTS
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IC 21-33-4
Chapter 4. Qualified Energy Savings Projects
IC 21-33-4-1
Authority to undertake a qualified energy savings project
Sec. 1. A state educational institution may undertake a qualified
energy savings project as provided in this chapter. If the part of the
qualified energy savings project related to real property
improvements is greater than seven hundred fifty thousand dollars
($750,000), the project must be reviewed by the commission for
higher education and approved by the governor and the budget
director on the recommendation of the budget committee. A qualified
energy savings project does not require the prior approval of the
general assembly, notwithstanding the source of payment for the
project or bonds issued to fund the project.
As added by P.L.2-2007, SEC.274. Amended by P.L.229-2011,
SEC.240.
IC 21-33-4-2
Proposals; contracts; bonds
Sec. 2. A state educational institution may submit a request for
proposals to qualified providers for an energy cost savings contract
and may enter into an energy cost savings contract with a qualified
provider under this chapter. The contract must provide that all
payments, except obligations on termination of the contract before
its expiration, are to be made over time. The contract may provide
that energy cost savings are guaranteed by the qualified provider to
the extent necessary to make payments for the qualified energy
savings project. A qualified provider shall provide a sufficient bond
to the state educational institution for the installation and the faithful
performance of all the measures included in the contract. The
contract may also include contracts for building operation programs
and maintenance and management or similar agreements with the
qualified provider to reduce energy or operational costs.
As added by P.L.2-2007, SEC.274.
IC 21-33-4-3
Proposals; contents
Sec. 3. A request for proposals must include the following:
(1) The name and address of the state educational institution.
(2) The name, address, title, and phone number of a contact
person.
(3) The date, time, and place where proposals must be received.
(4) Evaluation criteria for assessing the proposals.
(5) A reasonably functional description of the facilities to be
covered by the request for proposals or the maximum dollar
cost of the qualified energy savings project subject to the
request for proposals, or both.
(6) Any other stipulations and clarifications the state
educational institution may require.
As added by P.L.2-2007, SEC.274.
IC 21-33-4-4
Selection of qualified energy savings projects; notice
Sec. 4. The state educational institution shall select the qualified
provider and enter into an energy cost savings contract or contracts
for a qualified energy savings project that best meets the needs of the
state educational institution. The state educational institution shall
provide public notice of the meeting at which it proposes to award an
energy cost savings contract by publication one (1) time, at least ten
(10) days in advance, in newspapers described in IC 21-32-3-3. The
public notice must disclose the names of parties to the proposed
energy cost savings contract and contain a reasonably functional
description of the qualified energy savings project and the measures
covered by the contract and project.
As added by P.L.2-2007, SEC.274.
IC 21-33-4-5
Cost savings contracts
Sec. 5. After reviewing proposals submitted under this chapter, a
state educational institution may enter into energy cost savings
contracts with a qualified provider if the state educational institution
reasonably expects that the cost of a qualified energy savings project
recommended in the proposal would not exceed the amount to be
saved in either energy or operational costs, or both, within the ten
(10) year period following the date installation is complete if the
recommendations in the proposal are followed. An energy cost
savings contract may also include a guaranty from the qualified
provider to the state educational institution that either the energy or
operational cost savings, or both, will meet or exceed the cost of the
energy cost savings projects not later than ten (10) years after the
date installation is complete.
As added by P.L.2-2007, SEC.274.
IC 21-33-4-6
Affect of energy cost and operational savings on state
appropriations
Sec. 6. Energy cost and operational savings realized from a
qualified energy savings project and an energy cost savings contract
do not reduce the amount of state appropriations otherwise available
to the state educational institution.
As added by P.L.2-2007, SEC.274.
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