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6-20-405. Energy savings contract — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-20-405. Energy savings contract — Definitions.
(a) As used in this section:
(1)(A) “Energy savings contract” means a contract for the implementation of one (1) or more energy conservation measures as defined in § 6-20-401 and shall include an investment grade preinstallation energy audit and analysis.
(B) The contract may provide that all payments except obligations on termination of the contract before its expiration are to be made over time and that the energy cost savings are guaranteed by the qualified provider to the extent necessary to pay all of the costs of the energy conservation measures, including all costs of financing and annual services that may include the measurement and verification of the guaranteed savings.
(C) The energy conservation measures to be performed under the contract may be paid for with any combination of revenue or nonrevenue receipts of a school district or, alternatively, financed by the issuance of postdated warrants or entering into installment contracts, or lease-purchase agreements.
(D) Obligations incurred pursuant to a guaranteed energy savings contract are not included in computing a school district's debt ratio.
(E) If an energy savings contract is to be executed concurrently with one (1) or more conventional construction contracts for a common structure, the energy savings contract shall be separate and distinct from the other contract;
(2)(A) “Qualified provider” means the same as defined in § 19-11-1202.
(B) A qualified provider to whom the contract is awarded:
(i) Shall be required to provide a payment and performance bond to the school district for its faithful performance of the equipment installation; and
(ii) May be required to provide a letter of credit, surety bond, escrowed funds, or a corporate
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-20-405
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:6-20-405
Source file: gov.ar.code.title.06.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b165b7415ce5b2bf0f6078f8e08800dcad9361cc57e6348a229176d6b32a6c7c
Source location: content.xml paragraph 20593
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6-20-405. Energy savings contract — Definitions.
(a) As used in this section:
(1)(A) “Energy savings contract” means a contract for the implementation of one (1) or more energy conservation measures as defined in § 6-20-401 and shall include an investment grade preinstallation energy audit and analysis.
(B) The contract may provide that all payments except obligations on termination of the contract before its expiration are to be made over time and that the energy cost savings are guaranteed by the qualified provider to the extent necessary to pay all of the costs of the energy conservation measures, including all costs of financing and annual services that may include the measurement and verification of the guaranteed savings.
(C) The energy conservation measures to be performed under the contract may be paid for with any combination of revenue or nonrevenue receipts of a school district or, alternatively, financed by the issuance of postdated warrants or entering into installment contracts, or lease-purchase agreements.
(D) Obligations incurred pursuant to a guaranteed energy savings contract are not included in computing a school district's debt ratio.
(E) If an energy savings contract is to be executed concurrently with one (1) or more conventional construction contracts for a common structure, the energy savings contract shall be separate and distinct from the other contract;
(2)(A) “Qualified provider” means the same as defined in § 19-11-1202.
(B) A qualified provider to whom the contract is awarded:
(i) Shall be required to provide a payment and performance bond to the school district for its faithful performance of the equipment installation; and
(ii) May be required to provide a letter of credit, surety bond, escrowed funds, or a corporate guarantee from a company with an investment grade credit rating in an amount necessary to ensure the effective performance of the contract; and
(3)(A) “Request for qualifications” means a negotiated procurement.
(B)(i) Notice of the request for qualifications shall be published one (1) time each week for no less than two (2) consecutive weeks in a newspaper of statewide circulation.
(ii) Responses shall be sealed and opened in a public forum at a date within thirty (30) days from the last publication, at which point the school district shall evaluate the qualifications.
(b) The school district may select the qualified provider or providers best qualified and capable of performing the desired work and negotiate an energy savings contract for the project.
(c)(1) A school district may enter into a guaranteed energy savings contract with a qualified provider if it finds that the amount it would spend on the energy conservation measures detailed in the contract would not exceed the amount to be saved in any combination of energy costs or operational costs or future capital expenditures avoided within a twenty-year period from the date of installation if the recommendations in the proposal are followed.
(2) The qualified provider's proposal shall include:
(A) The estimates of all costs of installation, modifications, or remodeling, including without limitation costs of an investment grade preinstallation energy audit and analysis, design, engineering, installation, commissioning, maintenance, repairs, debt service, postinstallation project monitoring, savings measurement and verification, and data collection and reporting, as well as whether energy consumed or the operating costs, or both, will be reduced;
(B) The qualifications of the provider;
(C) The amount and specific sources of operational savings and capital cost avoidance that the school district acknowledges will occur without future measurement and verification;
(D) A statement from an Arkansas-licensed professional engineer that he or she was a member of the qualified provider's project team that completed a comprehensive energy audit and analysis of the school district's facilities; and
(E) The reasonably expected useful life of each recommended energy conservation measure.
(3)(A) Except as provided in subdivision (c)(3)(C) of this section, before entering into any energy savings contract, the contract shall be reviewed by an engineer who is:
(i) Licensed in the State of Arkansas; and
(ii) Designated by the division as qualified to review energy savings contracts.
(B)(i) The engineer conducting the contract review shall report to the school district any comments or issues that he or she believes merit consideration by the district before the district executes the energy savings contract.
(ii) The engineer shall bear no liability for any estimation of energy savings generated as part of a contract review under this subdivision (c)(3).
(C) Third-party review as provided in this subdivision (c)(3) shall not be required if the qualified provider demonstrates that the provider is a current member in good standing of the Energy Service Company or Energy Service Provider category of the National Association of Energy Service Companies.
(d)(1) The qualified provider shall provide to the school district an annual reconciliation report of the guaranteed energy-use savings.
(2) The qualified provider shall reimburse the school district for any annual shortfall of guaranteed energy-use savings as stated in the contract.
(e) This section shall constitute the sole authority necessary to accomplish the purposes of this section without regard to compliance with other laws that specify procedural requirements for execution of contracts.
(f) A school district may provide by resolution that the school district shall comply with the rules promulgated by the Arkansas Pollution Control and Ecology Commission under the Guaranteed Energy Cost Savings Act, § 19-11-1201 et seq.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-1201. Title.
This subchapter shall be known and may be cited as the “Guaranteed Energy Cost Savings Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-1201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-11-1201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-11-1202. Definitions.
As used in this subchapter:
(1)(A) “Energy cost savings measure” means:
(i) A new facility that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that:
(a) Do not degrade the level of service or working conditions;
(b) Are measurable and verifiable under the International Performance Measurement and Verification Protocol, as adopted by the Arkansas Pollution Control and Ecology Commission, in the rules required under § 19-11-1207; and
(c) Are measured and verified by an audit performed by a qualified provider; or
(ii) An existing facility alteration that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that conform with subdivisions (1)(A)(i)(a) and (b) of this section.
(B) “Energy cost savings measure” includes:
(i) Insulation and reduced air infiltration of the building structure, including walls, ceilings, and roofs or systems within the building;
(ii) Storm windows or doors, caulking or weather-stripping, multi-glazed 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;
(iii) Automated or computerized energy control systems, including computer software and technical data licenses;
(iv) Heating, ventilating, or air conditioning system modifications or replacements;
(v) 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 cod
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-11-1202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-11-1202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
6-20-401. Definitions.
As used in this subchapter:
(1) “Current indebtedness” means a debt obligation incurred by a school district for the purpose of paying maintenance or general operation expenses for the fiscal year in which the debt is incurred or for a purpose for which a postdated warrant, installment contract, or lease-purchase agreement may be issued;
(2) “Energy conservation measure” means any improvement, repair, alteration, or betterment of any new building design or any existing building or facility owned or operated by a school district or any equipment, fixture, or furnishing to be added to or used in any building or facility that is designed to reduce energy consumption or operating costs and may include, without limitation, one (1) or more of the following:
(A) Insulation of the building structure or systems within the building;
(B) Storm windows or doors, caulking or weather stripping, multi-glazed 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;
(C) Automated or computerized energy control systems;
(D) Heating, ventilating, or air conditioning system modifications or replacements;
(E) Replacements or modifications of lighting fixtures to increase the energy efficiency of the lighting system;
(F) Indoor air quality improvements to increase air quality that conform to the applicable state or local building code requirements even in lieu of an increase in energy usage;
(G) Any additional building infrastructure improvements, cost savings, and life safety or other safety or conservation measures that provide long-term operating cost reductions and are in compliance with
Source: Arkansas Code — historical release 78 (November 6, 2020) · 6-20-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 6-20-401. This identifies an authority to review, not proof of applicability.