South Carolina General Assembly
115th Session, 2003-2004

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Bill 5020

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 15, 2004

H. 5020

Introduced by Reps. Cato, Wilkins and Sandifer

S. Printed 4/15/04--H.

Read the first time March 24, 2004.

            

A BILL

TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACT, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTE WATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 48-52-670 of the 1976 Code, as added by Act 499 of 1992, is amended to read:

"Section 48-52-670.    (A)    A governmental unit may enter into a guaranteed energy, water, or waste water savings contracts contract for a duration of more than one year with vendors of guaranteed energy, water, or waste water savings programs. The financing for the guaranteed energy, water, or waste water savings contracts may be provided by the vendor of the guaranteed energy, water, or waste water savings program or by a third-party financial institution or company. No funds disclaimer clause as provided for in Section 11-35-2030 is required in these contracts. Repayment may be made from savings on the agency utility budget.

(B)    A guaranteed energy savings contract may be awarded governmental unit may award a guaranteed energy, water, or waste water savings contract pursuant to Section 11-35-1530 or in the case of a governmental unit not subject to the South Carolina Consolidated Procurement Code, pursuant to other applicable procurement law if it includes a written guarantee that savings will meet or exceed the cost of energy, water, or waste water conservation measures. A governmental unit may request that the State Energy Office review the methodology used by the guaranteed energy, water, or waste water savings vendor to project and measure savings and future billable revenues. The State Energy Office shall deliver the written approval or shall deliver a written notice that it has determined not to deliver the approval within thirty days of the receipt of a guaranteed energy, water, or waste water performance contract. The State Energy Office is authorized to charge a reasonable hourly rate for its review of guaranteed energy, water, or waste water savings programs or guaranteed energy, water, or waste water savings contracts, and the payment of the charges may be included in the financing for the guaranteed energy, water, or waste water savings contract.

(C)    For purposes of this section, 'governmental unit' means a state government agency, department, institution, college, university, technical school, legislative body, or other establishment or official of the executive, judicial, or legislative branches of this State authorized by law to enter into contracts, including all local political subdivisions, including, but not limited to, counties, municipalities, public school districts, or public service or special purpose districts.

(D)    For purposes of this section, 'guaranteed energy, water, or waste water savings contract' means a contract for the evaluation and recommendation of energy, water, or waste water conservation measures and for implementation of one or more of these measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, must be made over time and the energy, water, or waste water cost savings or billable revenue increases resulting from implementation of the energy, water, or waste water conservation measures may be used to make payments for the energy, water, or waste water conservation systems installed pursuant to guaranteed energy, water, or waste water savings contracts. Annual revenues or savings from the guaranteed contract may be less than annual payments, if during the length of the contract aggregate savings occur as provided for by the terms of the contract.

(E)    For purposes of this section 'energy, water, or waste water conservation measure' means a training program, or facility alteration, or technology upgrade designed to reduce energy consumption or operating produce measurable, long-term reductions in energy, water, waste water, or other consumption, personnel costs, operational costs, including, but not limited to:

(1)    insulation of the building structure or systems within the building;

(2)    storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption;

(3)    automated or computerized energy control systems;

(4)    heating, ventilating, or air conditioning system modifications or replacements;

(5)    replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made;

(6)    energy recovery systems;

(7)    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;

(8)    energy water and sewer conservation measures that provide long-term operating cost reductions including, without limitation, plumbing fixtures and infrastructure;

(9)    equipment upgrades that improve accuracy of billable revenue generating systems;

(10)    automated, electronic, or remotely controlled systems or measures that reduce direct personnel costs; and

(11)    such other energy, water, or waste water measures as may provide measurable, long-term operating costs reductions or billable revenue increases."

SECTION    2.    This act takes effect upon approval by the Governor.

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