As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 251

Representatives Uecker, Kearns, Raga, McGregor, Martin, Schneider, Collier, Wagoner, Bubp, Law, Brown, Williams 

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A BILL

To amend sections 123.011, 125.09, and 125.11 and to

1

enact section 3345.52 of the Revised Code to

2

require the efficient use of energy in all state

3

facilities based on standards developed by the

4

Ohio School Facilities Commission, to require the

5

Department of Administrative Services to give

6

preference in procuring products and services to

7

those that meet the energy efficiency guidelines

8

set by the United States Environmental Protection

9

Agency and Department of Energy, and to require

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each state institution of higher education that

11

receives capital appropriations for a specific

12

project to use energy efficient designs in the

13

project.

14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 123.011, 125.09, and 125.11 be	15
amended and section 3345.52 of the Revised Code be enacted to read	16
as follows:	17

Sec. 123.011.  (A) ThereAs used in this section:

18

(1) "Energy consumption analysis" means the evaluation of all	19
energy consuming systems and components by demand and type of	20
energy, including the internal energy load imposed on a facility	21
by its occupants, equipment, and components and the external	22
energy load imposed on a facility by climatic conditions.	23

(2) "Energy performance index" means a number describing the	24
energy requirements of a facility per square foot of floor space	25
or per cubic foot of occupied volume as appropriate under defined	26
internal and external ambient conditions over an entire seasonal	27
cycle.	28

(3) "Facility" means a building or other structure that	29
includes provision for a heating or cooling system, or both, or	30
for a hot water system.	31

(4) "Life-cycle costs" means the cost of owning, operating,	32
and maintaining a facility over the life of the structure.	33
"Life-cycle costs" may be expressed as an annual cost for each	34
year of the facility's use.	35

(5) "State-assisted facility" means a facility constructed or	36
renovated in whole or in part with state or federal funds or with	37
funds guaranteed or provided by or through a state agency.	38

(B) There is hereby created within the department of	39
administrative services an office to be known as the office of	40
energy services. The office shall be under the supervision of a	41
manager, who shall be appointed by the director of administrative	42
services. The director shall assign to the office a number of	43
employees and furnish equipment and supplies that the director	44
considers necessary for the proper performance of the duties	45
assigned to the office.	46

The office shall develop energy programs in each of the	47
following areas:	48

(1) New construction design and review;

49

(2) Existing building audit and retrofit;

50

(3) Energy efficient procurement;

51

(4) Alternate fuel vehicles.

52

The office may accept and administer grants from public and	53
private sources for carrying out any of its duties under this	54
section.	55

(B)(C)(1) In addition to its duties under division (A)(B) of	56
this section, the office shall assist the department in its	57
responsibility for state-owned, assisted, and leased facilities by	58
ensuring that energy conservation goals are observed in the	59
design, construction, renovation, and utilization of these	60
facilities in a manner that will minimize the consumption of	61
energy used in thetheir operation and maintenance of such	62
facilities. This	63

(2) This process shall include the use of life-cycle costs,	64
including construction, the costs of operation and maintenance of	65
thea state-owned, assisted, or leased facility as it affectsthey	66
pertain to energy consumption over the economic life of the	67
facility, and energy consumption analyses of existing state-owned,	68
assisted, or leased facilities in order to determine and require	69
necessary changes in thetheir operation and maintenance of such	70
facilities.	71

As used in this section:

72

(1) "Facility" means a building or other structure that	73
includes provision for a heating or cooling system, or both, or	74
for a hot water system.	75

(2) "State-assisted facility" means a facility constructed or	76
renovated in whole or in part with state or federal funds or with	77
funds guaranteed or provided by or through a state agency.	78

(3) "Energy consumption analysis" means the evaluation of all	79
energy consuming systems and components by demand and type of	80
energy, including the internal energy load imposed on a facility	81
by its occupants, equipment, and components and the external	82
energy load imposed on a facility by climatic conditions.	83

(4) "Energy performance index" means a number describing the	84
energy requirements of a facility per square foot of floor space	85
or per cubic foot of occupied volume as appropriate under defined	86
internal and external ambient conditions over an entire seasonal	87
cycle.	88

(5) "Life-cycle costs" means the cost of owning, operating,	89
and maintaining a facility over the life of the structure. This	90
may be expressed as an annual cost for each year of the facility's	91
use	92

(3) This process also shall include the use in all	93
state-owned, assisted, or leased facilities of energy efficiency	94
standards modeled on those that the Ohio school facilities	95
commission has developed and uses in its approval of design plans	96
for classroom facility construction projects under Chapter 3318.	97
of the Revised Code.	98

(C)(D) No state agency, including those agencies otherwise	99
excluded from the jurisdiction of the department under division	100
(A)(3) of section 123.01 of the Revised Code, shall lease,	101
construct, or have constructed, within the limits prescribed in	102
this section, a facility, without having secured from the office a	103
proper evaluation of life-cycle costs or, in the case of a lease,	104
an energy consumption analysis, as computed or prepared by a	105
qualified architect or engineer. Construction	106

Construction shall proceed only upon the disclosure to the	107
office for the facility chosen, the life-cycle costs as determined	108
in this section and the capitalization of the initial construction	109
costs of the building. The life-cycle costs shall be a primary	110
consideration in the selection of a building design. SuchThat	111
analysis shall be required only for construction of buildings with	112
an area of five thousand square feet or greater. No	113

No such state agency shall lease an area of twenty thousand	114
square feet or greater within a given building boundary, without	115
having secured from the office a proper evaluation of an energy	116
consumption analysis for the term of the proposed lease. SuchThat	117
energy consumption analysis shall be a primary consideration in	118
the selection of a facility to be leased. Nothing	119

Nothing in this section shall deprive or limit any state	120
agency that has review authority over design or construction plans	121
from requiring a life-cycle cost analysis.	122

Whenever any state department, agency, or institution	123
requests release of capital improvement funds for any facility, it	124
shall submit copies of all pertinent life-cycle cost analyses	125
prepared pursuant to this section and in accordance with rules	126
adopted under Chapters 3781. and 4101. of the Revised Code.	127

(D)(E) The office shall promulgateadopt rules and	128
procedures, including energy conservation performance guidelines,	129
for conducting a life-cycle cost analysis of alternative	130
architectural and engineering designs and for developing energy	131
performance indices to evaluate the efficiency of energy	132
utilization of competing designs in the construction of	133
state-financed and leased facilities. The rules and procedures	134
shall take effect February 3, 1979.	135

The life-cycle cost analysis shall determine the reasonably	136
expected fuel costs over the life of the buildingfacility that	137
are required to maintain illumination, power, temperature,	138
humidity, ventilation, and all other energy consuming equipment in	139
athe facility and the reasonable costs of probable maintenance	140
including labor, materials, and building operation. The life-cycle	141
cost analysis shall include, but not be limited to, the following:	142

(1) The coordination, orientation, and positioning of the	143
facility on its physical site;	144

(2) The amount and type of glass employed in the facility and	145
the directions of exposure;	146

(3) Thermal characteristics of materials, including the	147
effect of insulation incorporated into facility design;	148

(4) Architectural features whichthat affect energy	149
consumption, including the effect of solar utilization of the	150
properties of external surfaces;	151

(5) The variable occupancy and operating conditions of the	152
facility and subportions of the facility, including illumination	153
levels;	154

(6) An energy consumption analysis of the major equipment of	155
the facility's heating, ventilating, and cooling system, lighting	156
system, hot water system, and all other energy consuming systems	157
and equipment as appropriate. This analysis shall include the	158
following:	159

(a) The comparison of two or more system alternatives, one of	160
which may be a system using solar energy;	161

(b) The projection of the annual energy consumption of major	162
energy consuming equipment and systems for a range of operation of	163
the facility over the life of the facility;	164

(c) An evaluation of the energy consumption of component	165
equipment in each system, considering the operation of suchthose	166
components at other than full or rated outputs.	167

The rules shall be based on the best currently available	168
methods of analysesanalysis, including those of the national	169
bureau of standards, the department of housing and urban	170
development, and other federal agencies and professional	171
societies, and materials developed by the department.	172

The office shall promulgateadopt rules for energy	173
performance indices, as defined in division (B)(4) of this	174
section, to audit and evaluate competing design proposals	175
submitted to the state.	176

(E)(F) The office shall conduct studies of the state's	177
purchase and use of supplies, automobiles, and equipment having a	178
significant impact on energy use by government, in order to	179
determine the potential for energy conservation. The department of	180
development shall advise the office on the state of the art of	181
energy efficiency, both generally and with reference to the cost	182
of various levels of energy efficiency. The office shall	183
promulgateadopt rules to ensure that energy efficiency and	184
conservation will be considered in state purchasing. Minimum	185
energy efficiency standards on purchased products and equipment	186
shall be required, based on federal testing and labeling where	187
available or standards developed by the department. Life-cycle	188
cost analysis of energy consuming equipment and components shall	189
be made part of the competitive selection procedures of Chapter	190
125. of the Revised Code where possible.	191

Not later than January 1, 1979, theThe office shall take the	192
initiative in implementing purchasing measures through the	193
following means:	194

(1) Identifying energy conservation opportunities available;

195

(2) Providing for interchange of information among state	196
agencies;	197

(3) Identifying laws, policies, rules, and procedures which	198
need modification;	199

(4) Monitoring experience with energy conservation buying	200
practices;	201

(5) Providing training programs and workshops for state	202
employees involved in the purchasing process.	203

The department of development shall make recommendations to	204
the office regarding planning and implementation of purchasing	205
policies and procedures supportive of energy conservation.	206

(F)(G)(1) The office shall require all departments, agencies,	207
state institutions, universities, colleges, authorities,	208
commissions, boards, and quasi-governmental entities to implement	209
procedures ensuring that all their passenger automobiles acquired	210
in each fiscal year, except for those passenger automobiles	211
acquired for use in law enforcement or emergency rescue work,	212
achieve a fleet average fuel economy of not less than twenty miles	213
per gallon in fiscal year 1979, not less than twenty-one miles per	214
gallon in fiscal year 1980, and, in each fiscal year thereafter,	215
not less than the fleet average fuel economy prescribed, by rule,	216
by the office for that fiscal year in accordance with this	217
division.	218

Prior to the beginning of fiscal year 1981 and each fiscal	219
year thereafter, the office shall adopt rules prescribing the	220
fleet average fuel economy all passenger automobiles acquired by	221
all departments, agencies, state institutions, universities,	222
colleges, authorities, commissions, boards, and quasi-governmental	223
entities of state government during the fiscal year covered by the	224
rules must achieve, except for those passenger automobiles	225
acquired for use in law enforcement or emergency rescue work.	226
These rules shall not be less stringent than the average fuel	227
economy standards established pursuant to federal law for	228
passenger automobiles manufactured during the model year that	229
begins during the fiscal year.	230

(1)(2) Each department, agency, state institution,	231
university, college, authority, commission, board, and	232
quasi-governmental entity of state government shall determine its	233
fleet average fuel economy by dividing:	234

(a) The total number of passenger vehicles acquired during	235
the fiscal year, except for those passenger vehicles acquired for	236
use in law enforcement or emergency rescue work, by	237

(b) A sum of terms, each of which is a fraction created by	238
dividing:	239

(i) The number of passenger vehicles of a given make, model,	240
and year, except for passenger vehicles acquired for use in law	241
enforcement or emergency rescue work, acquired during the fiscal	242
year, by	243

(ii) The fuel economy measured by the administrator of the	244
United States environmental protection agency, for the given make,	245
model, and year of vehicle, that constitutes an average fuel	246
economy for combined city and highway driving.	247

(2) As used in division (F)(1)(G)(2) of this section,	248
"acquired" means leased for a period of sixty continuous days or	249
more, or purchased.	250

Sec. 125.09.  (A) Pursuant to section 125.07 of the Revised	251
Code, the department of administrative services may prescribe such	252
conditions under which competitive sealed bids will be received	253
and terms of the proposed purchase as it considers necessary;	254
provided, that all such conditions and terms shall be reasonable	255
and shall not unreasonably restrict competition, and bidders may	256
bid upon all or any item of the supplies or services listed in	257
suchthe notice. Those bidders claiming the preference for United	258
States and Ohio products outlined in this chapter shall designate	259
in their bids either that the product to be supplied is an Ohio	260
product or that, under the rules established by the director of	261
administrative services, they qualify as having a significant Ohio	262
economic presence.	263

(B) The department mayshall require that each bidder provide	264
sufficient information about the energy efficiency or energy usage	265
of the bidder's product or service, including whether the product	266
or service meets the energy efficiency guidelines set by the	267
United States environmental protection agency and department of	268
energy.	269

(C) The director of administrative services shall, by rule	270
adopted pursuant to Chapter 119. of the Revised Code, shall	271
prescribe criteria and procedures for use by all state agencies in	272
giving preference to United States and Ohio products as required	273
by division (B) of section 125.11 of the Revised Code. The rules	274
shall extend to the following:	275

(1) Criteria for determining that a product is produced or	276
mined in the United States rather than in another country or	277
territory;	278

(2) Criteria for determining that a product is produced or	279
mined in Ohio;	280

(3) Information to be submitted by bidders as to the nature	281
of a product and the location where it is produced or mined;	282

(4) Criteria and procedures to be used by the director to	283
qualify bidders located in states bordering Ohiothis state who	284
might otherwise be excluded from being awarded a contract by	285
operation of this section and section 125.11 of the Revised Code.	286
The criteria and procedures shall recognize the level and	287
regularity of interstate commerce between Ohiothis state and the	288
border states and provide that the non-Ohio businesses may qualify	289
for award of a contract as long as they are located in a state	290
that imposes no greater restrictions than are contained in this	291
section and section 125.11 of the Revised Code upon persons	292
located in Ohiothis state who are selling products or services to	293
agencies of that state. The criteria and procedures shall also	294
shall provide that a non-Ohio business shall not bid on a contract	295
for state printing in this state if the business is located in a	296
state that excludes Ohio businesses from bidding on state printing	297
contracts in that state.	298

(5) Criteria and procedures to be used to qualify biddersa	299
bidder whose manufactured products, except for mined products, are	300
produced in other states or in North America, but the bidders have	301
bidder has a significant Ohio economic presence in terms of the	302
number of employees or capital investment athe bidder has in this	303
state. Bidders with a significant Ohio economic presence shall	304
qualify for award of a contract on the same basis as if their	305
products were produced in this state.	306

(6) Criteria and procedures for the director to grant waivers	307
of the requirements of division (B) of section 125.11 of the	308
Revised Code on a contract-by-contract basis where compliance with	309
those requirements would result in the state agency paying an	310
excessive price for the product or acquiring a disproportionately	311
inferior product;	312

(7) Such otherOther requirements or procedures reasonably	313
necessary to implement the system of preferences established	314
pursuant to division (B) of section 125.11 of the Revised Code.	315

In adopting the rules required under this division, the	316
director shall, to the maximum extent possible, shall conform to	317
the requirements of the federal "Buy America Act," 47 Stat. 1520,	318
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations	319
adopted thereunderunder that act.	320

Sec. 125.11.  (A)(1) Subject to divisiondivisions (A)(2) and	321
(3) and (B) of this section, contracts awarded pursuant to a	322
reverse auction under section 125.072 of the Revised Code or	323
pursuant to competitive sealed bidding, including contracts	324
awarded under section 125.081 of the Revised Code, shall be	325
awarded to the lowest responsive and responsible bidder on each	326
item in accordance with section 9.312 of the Revised Code. When	327

(2) After applying division (B) of this section, when	328
applicable, the department of administrative services shall give	329
preference to lowest responsive and responsible bidders whose	330
product or service meets the energy efficiency guidelines set by	331
the United States environmental protection agency and department	332
of energy. And, when the contract is for meat products as defined	333
in section 918.01 of the Revised Code or poultry products as	334
defined in section 918.21 of the Revised Code, only those bids	335
received from vendors offering products from establishments on the	336
current list of meat and poultry vendors established and	337
maintained by the director of administrative services under	338
section 125.17 of the Revised Code shall be eligible for	339
acceptance. The	340

(3) The department of administrative services may accept or	341
reject any or all bids in whole or by items, except that when the	342
contract is for services or products available from a qualified	343
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	344
Revised Code, the contract shall be awarded to that agency.	345

(B) Prior to awarding a contract for products under division	346
(A) of this section, the department of administrative services or	347
the state agency responsible for evaluating a contract for the	348
purchase of products shall evaluate the bids received according to	349
the criteria and procedures established pursuant to divisions	350
(C)(1) and (2) of section 125.09 of the Revised Code for	351
determining if a product is produced or mined in the United States	352
and if a product is produced or mined in this state. The	353
department or other state agency shall first remove bids that	354
offer products that have not been or that will not be produced or	355
mined in the United States. From among the remaining bids, the	356
department or other state agency shall select, subject to	357
divisions (A)(2) and (3) of this section, the lowest responsive	358
and responsible bid, in accordance with section 9.312 of the	359
Revised Code, from among the bids that offer products that have	360
been produced or mined in this state where sufficient competition	361
can be generated within this state to ensure that compliance with	362
these requirements will not result in an excessive price for the	363
product or acquiring a disproportionately inferior product. If	364
there are two or more qualified bids that offer products that have	365
been produced or mined in this state, it shall be deemed that	366
there is sufficient competition to prevent an excessive price for	367
the product or the acquiring of a disproportionately inferior	368
product.	369

(C) Division (B) of this section applies to contracts for	370
which competitive bidding is waived by the controlling board.	371

(D) Division (B) of this section does not apply to the	372
purchase by the division of liquor control of spirituous liquor.	373

(E) The director of administrative services shall publish in	374
the form of a model act for use by counties, townships, municipal	375
corporations, or any other political subdivision described in	376
division (B) of section 125.04 of the Revised Code, a system of	377
preferences for products mined and produced in this state and in	378
the United States and for Ohio-based contractors. The model act	379
shall reflect substantial equivalence to the system of preferences	380
in purchasing and public improvement contracting procedures under	381
which the state operates pursuant to this chapter and section	382
153.012 of the Revised Code. To the maximum extent possible,	383
consistent with the Ohio system of preferences in purchasing and	384
public improvement contracting procedures, the model act shall	385
incorporate all of the requirements of the federal "Buy America	386
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	387
the rules adopted under that act.	388

Before and during the development and promulgation of the	389
model act, the director shall consult with appropriate statewide	390
organizations representing counties, townships, and municipal	391
corporations so as to identify the special requirements and	392
concerns these political subdivisions have in their purchasing and	393
public improvement contracting procedures. The director shall	394
promulgateadopt the model act by rule adopted pursuant to Chapter	395
119. of the Revised Code and shall revise the act as necessary to	396
reflect changes in this chapter or section 153.012 of the Revised	397
Code.	398

The director shall make available copies of the model act,	399
supporting information, and technical assistance to any township,	400
county, or municipal corporation wishing to incorporate the	401
provisions of the act into its purchasing or public improvement	402
contracting procedureprocedures.	403

Sec. 3345.52.  (A) As used in this section, "state	404
institution of higher education" has the same meaning as in	405
section 3345.011 of the Revised Code.	406

(B) Any state institution of higher education that receives	407
an appropriation for a capital facilities project for the	408
construction, reconstruction, improvement, renovation,	409
enlargement, or alteration of a public improvement under its	410
jurisdiction shall use energy efficient designs in carrying out	411
the project.	412

Section 2.  That existing sections 123.011, 125.09, and	413
125.11 of the Revised Code are hereby repealed.	414