→
Previous
Latest
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 45.2-1703 of the Code of Virginia, relating to energy performance-based contracts;
VIRGINIA ACTS OF ASSEMBLY -- 2022 SESSION CHAPTER 466 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 L L Be it enacted by the General Assembly of Virginia:
[S 13] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
E § 45.2-1703.
§ 45.2-1703.
D 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.
A.
For the purposes of this article, energy conservation or operational efficiency measures shall not include roof replacement projects, except as provided in subdivision B 2.
Any contracting entity may enter into an energy performance-based contract with an energy 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.
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, post-installation project monitoring, and reporting.
The evaluation of the request for proposals shall analyze the estimates of all costs of installation, maintenance, repairs, debt service, post-installation project monitoring, and reporting.
Notwithstanding any other provision of law3 any 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.
Notwithstanding any other provision of law, 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 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.
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 more than 20 percent of the roof is necessary for the installation of such measure.
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.
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.
D.
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.
The contract may provide for payments over a period not to exceed 20 years.
E.
will meet or exceed the amortized cost of energy conservation measures.
1.
The guaranteed energy savingss contract shall include a written guarantee of the qualified provider that either the energy savings or of 2 operational cost savings, or both, will meet or exceed within 20 years the costs of the energy and operational savings measures.
A guarantee by the energy performance contractor that annual energy and operational cost savings will meet or exceed the amortized cost of energy conservation measures.
The qualified provider shall reimburse the contracting entity for any shortfall of guaranteed energy savings projected in the contract.
The guaranteed energy savings contract shall include a written guarantee of the qualified provider that either the energy savings or operational cost savings, or both, will meet or exceed within 20 years the 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.
A requirement that the energy performance contractor to whom the contract is awarded provide a 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.
⬇ Download PDF