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.