(4) "Facility" means a building or other structure, or part | 38 |
of a building or other structure, that
includes provision for a | 39 |
heating, refrigeration, ventilation, cooling, lighting, hot water, | 40 |
or other major energy consuming system, component, or equipment. | 41 |
(B) There is hereby created within the department of | 47 |
administrative services an office to be known as the office of | 48 |
energy
services. The office shall be under the supervision of a | 49 |
manager, who shall
be appointed by the director of administrative | 50 |
services. The director shall
assign to the office asuch number of | 51 |
employees and furnish such equipment and supplies
that the | 52 |
director considersas are necessary for the properfull | 53 |
performance of the office's duties
assigned to the office. | 54 |
(B) In addition to its duties under division (A)
of this | 64 |
section, the office shall assist the department in its | 65 |
responsibility
for state-owned, assisted, and
leased facilities by | 66 |
ensuring that energy conservation
goals
are observed in the | 67 |
design, construction, renovation, and
utilization of these | 68 |
facilities in a manner that will minimize
the consumption of | 69 |
energy used in the operation and maintenance
of such facilities. | 70 |
This process shall include the use of
life-cycle costs, including | 71 |
construction, the costs of operation
and maintenance of the | 72 |
facility as it affects energy consumption
over the economic life | 73 |
of the facility, and energy consumption
analyses of existing | 74 |
facilities in order to determine and require
necessary changes in | 75 |
the operation and maintenance of such
facilities. | 76 |
(C) No state agency, department, division, bureau, office, | 98 |
unit, board, commission, authority, quasi-governmental entity, or | 99 |
institution, including those agencies otherwise
excluded from the | 100 |
jurisdiction of the department under division
(A)(3) of section | 101 |
123.01 of the Revised Code, and no public school shall lease, | 102 |
construct, or havecause to be leased or constructed, within the | 103 |
limits prescribed in
this section, a state-funded facility, | 104 |
without having secured from the
office a proper evaluation of | 105 |
life-cycle costscost analysis or, in the case of a lease, an | 106 |
energy
consumption analysis, as computed or prepared by a | 107 |
qualified
architect or engineer in accordance with the rules | 108 |
required by division (D) of this section. Construction | 109 |
Construction shall proceed only upon the
disclosure to the | 110 |
office, for the facility chosen, of the
life-cycle costs as | 111 |
determined in this section and the
capitalization of the initial | 112 |
construction costs of the building.
The results of life-cycle | 113 |
costscost analysis shall be a primary consideration in the | 114 |
selection of a building design. SuchThat analysis shall be | 115 |
required
only for construction of buildings with an area of five | 116 |
thousand
square feet or greater. No such agency shall leaseAn | 117 |
energy consumption analysis for the term of a proposed lease shall | 118 |
be required only for the leasing of an area of
twenty thousand | 119 |
square feet or greater within a given building
boundary, without | 120 |
having secured from the office a proper
evaluation of an energy | 121 |
consumption analysis for the term of the
proposed lease. Such | 122 |
energy consumptionThat analysis shall be a
primary consideration | 123 |
in the selection of a facility to be
leased. Nothing | 124 |
Whenever any state department, agency, department, division, | 129 |
bureau, office, unit, board, commission, authority, | 130 |
quasi-governmental entity, or institution requests release of | 131 |
capital improvement funds for any state-funded facility,
it shall | 132 |
submit copies of all pertinent life-cycle cost analyses
prepared | 133 |
pursuant to this section and in accordance with rules
adopted | 134 |
under Chapters 3781. and 4101. of the Revised Code. | 135 |
(D) TheFor the purposes of assisting the department in its | 136 |
responsibility for state-funded facilities
pursuant to section | 137 |
123.01 of the Revised Code and of
cost-effectively reducing the | 138 |
energy consumption of those and any other state-funded facilities, | 139 |
thereby promoting fiscal, economic, and environmental benefits to | 140 |
this state, the office shall promulgateadopt rules
and | 141 |
procedures,
including energy conservation performance guidelines, | 142 |
for
conducting a life-cycle cost analysis of alternative | 143 |
architectural and engineering designs and for developing energy | 144 |
performance indices to evaluate the efficiency of energy | 145 |
utilization of competing designs in the construction of | 146 |
state-financed and leased facilities. The rules and procedures | 147 |
shall take effect February 3, 1979. | 148 |
Thespecifying cost-effective, energy efficiency and | 149 |
conservation standards that shall govern the lease, design, | 150 |
construction, operation, and maintenance of all state-funded | 151 |
facilities excepting facilities of state institutions of higher | 152 |
education. The office of energy efficiency in the department of | 153 |
development shall cooperate in providing information and technical | 154 |
expertise to the office of energy services to ensure adoption of | 155 |
rules of maximum effectiveness. Initial rules shall be adopted not | 156 |
later than nine months after the effective date of this amendment. | 157 |
The standards prescribed by rules adopted under this division may | 158 |
draw from or incorporate, by reference or otherwise and in whole | 159 |
or in part, standards already developed or implemented by any | 160 |
competent, public or private standards organization or program. | 161 |
However, the rules also shall include all of the following: | 162 |
(1) Specification of an energy efficiency design standard for | 163 |
heating, refrigeration, and air conditioning systems, components, | 164 |
and equipment in state-funded facilities excepting facilities of | 165 |
state institutions of higher education, that is twenty per cent | 166 |
above the applicable standard specified in the American society of | 167 |
heating, refrigerating, and air-conditioning engineers handbook, | 168 |
as the ASHRAE standard varies from time to time, as well as a | 169 |
requirement that any such state-funded facility adhere to that | 170 |
standard; | 171 |
(2) Specifications for a life-cycle cost analysis that shall | 172 |
determine the reasonably
expected fuel costs over, for the | 173 |
economic life of the building that are
required to maintain | 174 |
illumination, power, temperature, humidity,
ventilationsuch | 175 |
state-funded facility, and all other energy consuming equipment in | 176 |
a
facility and the reasonablereasonably expected costs of | 177 |
probablefacility ownership, operation, and maintenance
including | 178 |
labor,and materials, and building operation. The
life-cycle cost | 179 |
analysis shall include, but not be limitedLife-cycle cost may be | 180 |
expressed as an annual cost for each year of the facility's use. | 181 |
Further, the life-cycle cost analysis shall demonstrate for each | 182 |
design how the design contributes to energy efficiency and | 183 |
conservation with respect to,all of
the
following: | 184 |
(3) Specifications for an energy consumption analysis of the | 203 |
facility's heating, refrigeration, ventilation, cooling, lighting, | 204 |
hot water, and other major equipment
of the facility's heating, | 205 |
ventilating, and cooling system,
lighting system, hot water | 206 |
system, and all other, energy consuming
systems, components, and | 207 |
equipment as appropriate. This analysis shall
include both of the | 208 |
following: | 209 |
The rulesA life-cycle cost analysis and energy consumption | 219 |
analysis shall be based on the best currently available
methods of | 220 |
analysesanalysis, including those of the national bureau of | 221 |
standards, the department of housing and urban development,or | 222 |
other
federal agencies and, professional societies, and materials | 223 |
directions
developed by the department. | 224 |
(5) An application process by which a project manager, as to | 229 |
a specified state-funded facility excepting a facility of a state | 230 |
institution of higher education, may apply for a waiver of | 231 |
compliance with any provision of the rules required by divisions | 232 |
(D)(1) to (4) of this section, provided that the application shall | 233 |
be accompanied by a written explanation and documentation of how | 234 |
the facility will meet energy efficiency and conservation | 235 |
standards that exceed applicable standards prescribed in the | 236 |
rules. The office shall notify the applicant within thirty days | 237 |
after the date of the application's filing if more supporting | 238 |
information is desired. Unless, within thirty days after the date | 239 |
of the application's filing or thirty days after the date that a | 240 |
later information request is sent, the office notifies the | 241 |
applicant that the waiver is denied, the waiver shall be deemed | 242 |
approved. | 243 |
(6) A requirement that, not later than two years after the | 244 |
effective date of this amendment, each state-funded facility | 245 |
excepting a facility of a state institution of higher education is | 246 |
managed by at least one building operator certified under the | 247 |
building operator certification program or any equivalent program | 248 |
or standards as shall be prescribed in the rules and considered | 249 |
reasonably equivalent. Nothing in division (D)(6) of this section | 250 |
precludes such a building operator from managing more than one | 251 |
state-funded facility. | 252 |
(E) The office shall conduct studies of
the state's
purchase | 253 |
and use of supplies, automobiles, and equipment having a | 254 |
significant impact on energy use by government, in order to | 255 |
determine the potential for energy conservation. The department
of | 256 |
development shall advise the office on the state of the art of | 257 |
energy
efficiency, both
generally and with reference to the cost | 258 |
of various levels of
energy efficiency. The office of energy | 259 |
services
shall promulgateadopt rules to ensure that energy | 260 |
efficiency and
conservation will be considered in state purchasing | 261 |
the purchase of products and equipment, excepting motor vehicles, | 262 |
by any state agency, department, division, bureau, office, unit, | 263 |
board, commission, authority, quasi-governmental entity, or | 264 |
institution. Minimum
energy efficiency standards onfor purchased | 265 |
products and equipment
shall be required, based on federal testing | 266 |
and labeling where
available or on standards developed by the | 267 |
departmentoffice. Life-cycle
cost analysisThe rules shall apply | 268 |
to the competitive selection of energy consuming systems, | 269 |
components, and equipment and components shall
be made part of the | 270 |
competitive selection procedures ofunder Chapter
125. of the | 271 |
Revised Code where possible. | 272 |
(4) Monitoring experience with energy conservation buying | 284 |
practicesand the cost-effectiveness of, and also conducting | 285 |
studies on the energy efficiency and conservation potential of, | 286 |
this state's purchase and use of motor vehicles and of major | 287 |
energy-consuming systems, components, equipment, and products | 288 |
having a significant impact on energy consumption by government; | 289 |
(F)(1) The
office of energy services shall
require all | 298 |
departments,state agencies, state institutions,
universities, | 299 |
collegesdepartments, divisions, bureaus, offices, units, | 300 |
commissions, boards, authorities, commissions, boards, and | 301 |
quasi-governmental entities, institutions, and state institutions | 302 |
of higher education to implement procedures ensuring that
all | 303 |
their passenger automobiles acquired in each fiscal year,
except | 304 |
for those passenger automobiles acquired for use in law | 305 |
enforcement or emergency rescue work, achieve a fleet average
fuel | 306 |
economy of not less than twenty miles per gallon in fiscal
year | 307 |
1979, not less than twenty-one miles per gallon in fiscal
year | 308 |
1980, and, in each fiscal year thereafter, not less than the
fleet | 309 |
average fuel economy prescribed, by rule, by the office for that | 310 |
fiscal
year in accordance with this division. | 311 |
Prioras shall be prescribed by rule adopted by the office | 312 |
prior to the beginning of fiscal year 1981 and eachthe fiscal | 313 |
year thereafter, the office shall adopt rules prescribing the | 314 |
fleet average fuel economy all passenger automobiles acquired by | 315 |
all departments, agencies, state institutions, universities, | 316 |
colleges, authorities, commissions, boards, and
quasi-governmental | 317 |
entities of state government during the fiscal
year covered by the | 318 |
rules must achieve, except for those
passenger automobiles | 319 |
acquired for use in law enforcement or
emergency rescue work. | 320 |
These rules shall not be less stringent
than the average fuel | 321 |
economy standards established pursuant to
federal law for | 322 |
passenger automobiles manufactured during the
model year that | 323 |
begins during the fiscal year. | 324 |
(1)(2) Each department,state agency, state institution, | 325 |
university, collegedepartment, division, bureau, office, unit, | 326 |
commission, board, authority, commission, board, and | 327 |
quasi-governmental entity of state government, institution, and | 328 |
state institution of higher education shall determine its
fleet | 329 |
average fuel economy by dividing: | 330 |
(G) Each state agency, department, division, bureau, office, | 347 |
unit, board, commission, authority, quasi-governmental entity, | 348 |
institution, state institution of higher education, and public | 349 |
school shall comply with any applicable provision of this section | 350 |
or of a rule adopted pursuant to division (D) or (F) of this | 351 |
section. | 352 |
Sec. 125.09. (A) Pursuant to section 125.07 of the
Revised | 353 |
Code, the department of administrative services may
prescribe such | 354 |
conditions under which competitive sealed bids
will be received | 355 |
and terms of the proposed purchase as it
considers necessary; | 356 |
provided, that all such conditions and terms
shall be reasonable | 357 |
and shall not unreasonably restrict
competition, and bidders may | 358 |
bid upon all or any item of the
supplies or services listed in | 359 |
suchthe notice. Those bidders
claiming the preference for United | 360 |
States and Ohio products
outlined in this chapter shall designate | 361 |
in their bids either
that the product to be supplied is an Ohio | 362 |
product or that, under
the rules established by the director of | 363 |
administrative services,
they qualify as having a significant Ohio | 364 |
economic presence. | 365 |
(4) Criteria and procedures to be used by the director to | 385 |
qualify bidders located in states bordering Ohiothis state who | 386 |
might
otherwise be excluded from being awarded a contract by | 387 |
operation
of this section and section 125.11 of the Revised Code. | 388 |
The
criteria and procedures shall recognize the level and | 389 |
regularity
of interstate commerce between Ohiothis state and the | 390 |
border states and
provide that the non-Ohio businesses may qualify | 391 |
for award of a
contract as long as they are located in a state | 392 |
that imposes no
greater restrictions than are contained in this | 393 |
section and
section 125.11 of the Revised Code upon persons | 394 |
located in Ohiothis state who are
selling products or services to | 395 |
agencies of that state. The criteria and
procedures shall also | 396 |
shall provide that a non-Ohio business shall not bid
on a contract | 397 |
for state printing in this state if the business is located in a | 398 |
state that excludes Ohio businesses from bidding on state printing | 399 |
contracts in that state. | 400 |
(5) Criteria and procedures to be used to qualify biddersa | 401 |
bidder
whose manufactured products, except for mined products, are | 402 |
produced in other states or in North America, but the bidders
have | 403 |
bidder has a significant Ohio economic presence in terms of the | 404 |
number
of employees or capital investment athe bidder has in this | 405 |
state.
Bidders with a significant Ohio economic presence shall | 406 |
qualify
for award of a contract on the same basis as if their | 407 |
products
were produced in this state. | 408 |
In adopting the rules required under this division, the | 418 |
director shall, to the maximum extent possible, shall conform to | 419 |
the
requirements of the federal "Buy America Act," 47 Stat. 1520, | 420 |
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations | 421 |
adopted thereunderunder that act. | 422 |
Sec. 125.11. (A) Subject to divisiondivisions (A)(2) and | 423 |
(3) and (B) of this
section,
contracts
awarded pursuant to
a | 424 |
reverse auction
under section
125.072 of the Revised Code or | 425 |
pursuant to
competitive
sealed
bidding, including
contracts | 426 |
awarded under
section
125.081 of
the
Revised Code, shall be | 427 |
awarded to the
lowest
responsive and
responsible bidder on each | 428 |
item in
accordance with
section 9.312
of the Revised Code. When | 429 |
(2) After applying division (B) of this section, when | 430 |
applicable, the department of administrative services shall give | 431 |
preference to lowest responsive and responsible bidders whose | 432 |
product or service meets the energy efficiency guidelines set by | 433 |
the United States environmental protection agency and department | 434 |
of energy. And, when the
contract is for meat
products as
defined | 435 |
in section 918.01 of the
Revised Code or
poultry products
as | 436 |
defined in section 918.21 of
the Revised
Code, only those bids | 437 |
received from vendors offering
products from
establishments on the | 438 |
current list
of meat and
poultry vendors established and | 439 |
maintained by the
director of
administrative services under | 440 |
section 125.17 of the
Revised Code
shall be eligible for | 441 |
acceptance. The | 442 |
(B) Prior to awarding a contract for products under division | 449 |
(A) of
this
section, the department of administrative services or | 450 |
the
state
agency responsible for evaluating a contract for the | 451 |
purchase of
products shall evaluate the bids received
according to | 452 |
the
criteria and procedures established pursuant to divisions | 453 |
(C)(1)
and (2) of section 125.09 of the Revised Code for | 454 |
determining if a
product is produced or mined in the United
States | 455 |
and if a product
is
produced or mined in
this state. The | 456 |
department or other
state agency shall first remove bids that | 457 |
offer
products
that
have not been or that will not be
produced or | 458 |
mined in
the
United
States. From among the remaining bids and | 459 |
subject to divisions (A)(2) and (3) of this section, the | 460 |
department
or
other
state agency shall select the lowest | 461 |
responsive and
responsible
bid, in
accordance with section 9.312 | 462 |
of the Revised
Code, from
among the
bids that offer
products that | 463 |
have been
produced or
mined in
this state
where sufficient | 464 |
competition
can be generated
within
this
state to
ensure that | 465 |
compliance
with these
requirements will not result in
an excessive | 466 |
price for
the product
or acquiring a
disproportionately inferior | 467 |
product.
If
there are
two or more
qualified bids that offer
| 468 |
products that have been
produced or mined
in
this state, it
shall | 469 |
be deemed that
there is
sufficient competition
to prevent an | 470 |
excessive price for the
product or the acquiring of
a | 471 |
disproportionately inferior product. | 472 |
(E) The director of administrative services shall publish
in | 477 |
the form of a model act for use by counties, townships,
municipal | 478 |
corporations, or any other political subdivision
described in | 479 |
division (B) of section 125.04 of the Revised Code, a
system of | 480 |
preferences
for products
mined and
produced in
this
state and in | 481 |
the United States and for
Ohio-based
contractors.
The
model act | 482 |
shall reflect substantial
equivalence
to the system
of
preferences | 483 |
in purchasing and public
improvement
contracting
procedures under | 484 |
which the state operates
pursuant to
this chapter
and section | 485 |
153.012 of the Revised Code. To the
maximum extent
possible, | 486 |
consistent with the Ohio system
of
preferences in
purchasing and | 487 |
public improvement contracting
procedures, the
model act shall | 488 |
incorporate all of the
requirements of the federal
"Buy America | 489 |
Act," 47 Stat. 1520
(1933), 41 U.S.C. 10a to 10d, as
amended, and | 490 |
the rules adopted
under that act. | 491 |
Before and during the development and promulgation
of
the | 492 |
model act, the director shall consult with appropriate
statewide | 493 |
organizations representing counties, townships, and
municipal | 494 |
corporations so as to identify the special requirements
and | 495 |
concerns these political subdivisions have in their purchasing
and | 496 |
public improvement contracting procedures. The director
shall | 497 |
promulgateadopt the model act by rule adopted pursuant to
Chapter | 498 |
119.
of the Revised Code and shall revise the act as
necessary to | 499 |
reflect changes in this chapter or section 153.012
of the Revised | 500 |
Code. | 501 |
(B) The chairperson of the interuniversity council of Ohio | 513 |
shall assist in coordinating the organization and operation of a | 514 |
committee to carry out this section. The committee shall be | 515 |
comprised of the presidents of the state institutions of higher | 516 |
education or their designees. The committee, in consultation with | 517 |
the office of energy services of the department of administrative | 518 |
services, shall develop guidelines for the board of trustees of | 519 |
each state institution of higher education to use in ensuring | 520 |
energy efficiency and conservation in on- and off-campus | 521 |
buildings. Initial guidelines shall be adopted not later than | 522 |
March 31, 2006. At a minimum, guidelines under this section shall | 523 |
do all of the following: | 524 |