Energy performance-based contracts; roof replacement.
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SB 13 — Energy performance-based contracts; roof replacement.
Last action — Approved by Governor-Chapter 466 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 19, 2021. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Energy performance-based contracts; roof replacement. Allows procurement of a roof replacement as part of a larger energy conservation or operational efficiency measure if such replacement is either necessary for the installation of such measure or if the contracting entity determines that the replacement of more than 20 percent of the roof is necessary to install such measure. The bill requires any roof replacements not included in the original contract to be publicly noticed on the Department of General Services' central electronic procurement website. Such procurement shall be designed by a licensed architect or professional engineer.Current law prohibits the inclusion of a roof replacement project as part of an energy performance-based contract. This bill is identical to HB 1225.
Bill Text
What changed in the latest version
70 added · 68 removedPlain-language change summary
The amendments to § 45.2-1703 of the Code of Virginia clarify that a contracting entity can include a roof replacement as part of energy conservation or operational efficiency measures when required for installation. Additionally, it allows contracting entities to procure roof replacements under specific competitive negotiation provisions without having to acquire a roofing subcontractor through a separate process. This change facilitates the integration of roof replacements into broader energy efficiency projects, potentially streamlining the procurement process.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E466 An Act to amend and reenact § 45.2-1703 of the Code of Virginia, relating to energy performance-based contracts;
R O [S 13] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
E § 45.2-1703.
DA. performance contractor to significantly reduce (i) energy costs to a level established by the public body or (ii) operating costs of a facility through one or more energy conservation or operational efficiency measures.
ForAny thecontracting purposesentity ofmay thisenter article,into an energy conservationperformance-based contract with an energy performance contractor to significantly reduce (i) energy costs to a level established by the public body or operational(ii) efficiencyoperating measurescosts shallof nota includefacility roofthrough replacementone projects,or exceptmore asenergy providedconservation inor subdivisionoperational Befficiency 2.measures.
B.For the purposes of this article, energy conservation or operational efficiency measures shall notB.
The evaluation of the request for proposals shall analyze the estimates of all costs of installation, maintenance, repairs, debt Bervice,service, post-installation project monitoring, and reporting.
Notwithstanding any other provision of law3law, any contracting entity may purchase energy conservation or operational efficiency measures under an energy performance-based contract entered into by another contracting entity pursuant to this article even if it did not participate in the request for proposals if the request for proposals specified that the procurement was being conducted on behalf of other contracting entities.
Such contracting entity may also procure a roof replacement pursuant to § 2.2-4302.1 when the original contract for the energy conservation or operational efficiency measure, including solar, does not include a roof replacement and the contracting entity determines that the replacement of replacementsmore procuredthan separately20 frompercent aof largerthe energyroof conservationis ornecessary operationalfor efficiency measure, including solar, shall also be publicly noticed on the Departmentinstallation of Generalsuch Services'measure. central electronic procurement website.
Such roof replacements procured separately from a larger energy conservation or operational efficiency measure, including solar, shall also be publicly noticed on the Department of General Services' central electronic procurement website.
shallD. obtain from the energy performance contractor a report disclosing all costs associated with such energy conservation measures and providing an estimate of the amount of the energy cost savings.
Prior to the design and installation of any energy conservation measures, the contracting entity shall obtain from the energy performance contractor a report disclosing all costs associated with such energy conservation measures and providing an estimate of the amount of the energy cost savings.
The contract may provide for payE.payments over a period not to exceed 20 years.
E.
will1. meet or exceed the amortized cost of energy conservation measures.
TheA guaranteed energy savingss contract shall include a written guarantee ofby the qualifiedenergy providerperformance contractor that eitherannual the energy savingsand or of 2 operational cost savings,savings or both, will meet or exceed within 20 years the costsamortized cost of the energy andconservation operational savings measures.
The qualifiedguaranteed providerenergy savings contract shall reimburseinclude thea contractingwritten entityguarantee forof anythe shortfallqualified ofprovider guaranteedthat either the energy savings projectedor inoperational cost savings, or both, will meet or exceed within 20 years the contract.costs of the energy and operational savings measures.
The qualified provider shall reimburse the contracting entity for any of 2 shortfall of guaranteed energy savings projected in the contract.
A requirement that the energy performance contractor to whom the contract is awarded provide a 100 percent performance guarantee bond to the contracting entity for the installation and faithful performance of the installed energy savings measures as outlined in the contract document.
View plain text versions (4)
- CHAP0466 View text Current pdf April 11, 2022
- SB13ER View text pdf March 02, 2022
- Committee Substitute Committee substitute printed 22104651D-S1 pdf January 18, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101604D pdf December 19, 2021
Action History
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Approved by Governor-Chapter 466 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by President
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Impact statement from DPB (SB13ER)
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Signed by Speaker
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Enrolled
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House BLOCK VOTE (99-Y 0-N)
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Read third time
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Read second time
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Reported from Agriculture, Chesapeake and Natural Resources (22-Y 0-N)
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Referred to Committee on Agriculture, Chesapeake and Natural Resources
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Read first time
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Placed on Calendar
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Read third time and passed Senate (40-Y 0-N)
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Engrossed by Senate - committee substitute SB13S1
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Committee substitute agreed to 22104651D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (35-Y 0-N)
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Reported from General Laws and Technology (14-Y 1-N)
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Impact statement from DPB (SB13S1)
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Rereferred to General Laws and Technology
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Committee substitute printed 22104651D-S1
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Reported from Agriculture, Conservation and Natural Resources with substitite (12-Y 0-N 1-A)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on Agriculture, Conservation and Natural Resources
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Prefiled and ordered printed; offered 01/12/22 22101604D
Sponsors
- Barbara A. Favola · Primary
- Kaye Kory · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 1 voted No
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Alfonso H. Lopez | — | Yea |
| Angelia Williams Graves | — | Yea |
| Bulova, David L. | — | Yea |
| Chris S. Runion | — | Yea |
| Dan I. Helmer | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Filler-Corn, Eileen | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Plum, Kenneth R. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Rodney T. Willett | — | Yea |
| Shelly A. Simonds | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 35 | 0 | 0 | 5 |
| Total | 35 | 0 | 0 | 5 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 1 | 0 | 0 |
| Total | 14 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 1 |
| Total | 12 | 0 | 0 | 1 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Barbara A. Favola | — | Yea |
| David R. Suetterlein | — | Not Voting |
| David W. Marsden | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 13 do?
- Energy performance-based contracts; roof replacement. Allows procurement of a roof replacement as part of a larger energy conservation or operational efficiency measure if such replacement is either necessary for the installation of such measure or if the contracting entity determines that the replacement of more than 20 percent of the roof is necessary to install such measure. The bill requires any roof replacements not included in the original contract to be publicly noticed on the Department of General Services' central electronic procurement website. Such procurement shall be designed by a licensed architect or professional engineer.Current law prohibits the inclusion of a roof replacement project as part of an energy performance-based contract. This bill is identical to HB 1225.
- Who sponsors SB 13?
- SB 13 is sponsored by Barbara A. Favola and Kory, Kaye.
- What is the current status of SB 13?
- This bill has been enacted into law. Introduced December 19, 2021. Enacted.
- Where can I track SB 13?
- Track SB 13 free on One Click Politics — get push/email alerts when it moves.
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