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H. B. No. 251 As Introduced
As Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Representatives Uecker, Kearns, Raga, McGregor, Martin, Schneider, Collier, Wagoner, Bubp, Law, Brown, Williams
A BILL
To amend sections 123.011, 125.09, and 125.11 and to enact section 3345.52 of the Revised Code to require the efficient use of energy in all state facilities based on standards developed by the Ohio School Facilities Commission, to require the Department of Administrative Services to give preference in procuring products and services to those that meet the energy efficiency guidelines set by the United States Environmental Protection Agency and Department of Energy, and to require each state institution of higher education that receives capital appropriations for a specific project to use energy efficient designs in the project.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 123.011, 125.09, and 125.11 be amended and section 3345.52 of the Revised Code be enacted to read as follows:
Sec. 123.011. (A) There As used in this section: (1) "Energy consumption analysis" means the evaluation of
all energy consuming systems and components by demand and type of
energy, including the internal energy load imposed on a facility
by its occupants, equipment, and components and the external
energy load imposed on a facility by climatic conditions. (2) "Energy performance index" means a number describing
the energy requirements of a facility per square foot of floor
space or per cubic foot of occupied volume as appropriate under
defined internal and external ambient conditions over an entire
seasonal cycle. (3) "Facility" means a building or other structure that
includes provision for a heating or cooling system, or both, or
for a hot water system. (4) "Life-cycle costs" means the cost of owning,
operating, and maintaining a facility over the life of the
structure. "Life-cycle costs" may be expressed as an annual cost for each year
of the facility's use.
(5) "State-assisted facility" means a facility constructed
or renovated in whole or in part with state or federal funds or
with funds guaranteed or provided by or through a state agency. (B) There is hereby created within the department of
administrative services an office to be known as the office of energy
services. The office shall be under the supervision of a manager, who shall
be appointed by the director of administrative services. The director shall
assign to the office a number of employees and furnish equipment and supplies
that the director considers necessary for the proper performance of the duties
assigned to the office. The office shall develop energy programs in each of the following areas: (1) New construction design and review; (2) Existing building audit and retrofit; (3) Energy efficient procurement; (4) Alternate fuel vehicles. The office may accept and administer grants from public and private sources
for carrying out any of its duties under this section. (B)(C)(1) In addition to its duties under division (A)(B)
of this section, the office shall assist the department in its responsibility
for state-owned, assisted, and
leased facilities by ensuring that energy conservation
goals
are observed in the design, construction, renovation, and
utilization of these facilities in a manner that will minimize
the consumption of energy used in the their operation and maintenance
of such facilities. This
(2) This process shall include the use of
life-cycle costs, including construction, the costs of operation
and maintenance of the a state-owned, assisted, or leased facility as it affects they pertain to energy consumption
over the economic life of the facility, and energy consumption
analyses of existing state-owned, assisted, or leased facilities in order to determine and require
necessary changes in the their operation and maintenance of such
facilities. (1) "Facility" means a building or other structure that
includes provision for a heating or cooling system, or both, or
for a hot water system.
(2) "State-assisted facility" means a facility constructed
or renovated in whole or in part with state or federal funds or
with funds guaranteed or provided by or through a state agency.
(3) "Energy consumption analysis" means the evaluation of
all energy consuming systems and components by demand and type of
energy, including the internal energy load imposed on a facility
by its occupants, equipment, and components and the external
energy load imposed on a facility by climatic conditions.
(4) "Energy performance index" means a number describing
the energy requirements of a facility per square foot of floor
space or per cubic foot of occupied volume as appropriate under
defined internal and external ambient conditions over an entire
seasonal cycle.
(5) "Life-cycle costs" means the cost of owning,
operating, and maintaining a facility over the life of the
structure. This may be expressed as an annual cost for each year
of the facility's use
(3) This process also shall include the use in all state-owned, assisted, or leased facilities of energy efficiency standards modeled on those that the Ohio school facilities commission has developed and uses in its approval of design plans for classroom facility construction projects under Chapter 3318. of the Revised Code. (C)(D) No state agency, including those agencies otherwise
excluded from the jurisdiction of the department under division
(A)(3) of section 123.01 of the Revised Code, shall lease,
construct, or have constructed, within the limits prescribed in
this section, a facility, without having secured from the
office a proper evaluation of
life-cycle costs or, in the case of a lease, an energy
consumption analysis, as computed or prepared by a qualified
architect or engineer. Construction
Construction shall proceed only upon the
disclosure to the office for the facility chosen, the
life-cycle costs as determined in this section and the
capitalization of the initial construction costs of the building.
The life-cycle costs shall be a primary consideration in the
selection of a building design. Such That analysis shall be required
only for construction of buildings with an area of five thousand
square feet or greater. No No such state agency shall lease an area of
twenty thousand square feet or greater within a given building
boundary, without having secured from the office a proper
evaluation of an energy consumption analysis for the term of the
proposed lease. Such That energy consumption analysis shall be a
primary consideration in the selection of a facility to be
leased. Nothing Nothing in this section shall deprive or limit any state
agency that has review authority over design or construction
plans from requiring a life-cycle cost analysis. Whenever any state department, agency, or institution
requests release of capital improvement funds for any facility,
it shall submit copies of all pertinent life-cycle cost analyses
prepared pursuant to this section and in accordance with rules
adopted under Chapters 3781. and 4101. of the Revised Code. (D)(E) The office shall promulgate adopt rules
and procedures,
including energy conservation performance guidelines, for
conducting a life-cycle cost analysis of alternative
architectural and engineering designs and for developing energy
performance indices to evaluate the efficiency of energy
utilization of competing designs in the construction of
state-financed and leased facilities. The rules and procedures
shall take effect February 3, 1979.
The life-cycle cost analysis shall determine the reasonably
expected fuel costs over the life of the building facility that are
required to maintain illumination, power, temperature, humidity,
ventilation, and all other energy consuming equipment in a the
facility and the reasonable costs of probable maintenance
including labor, materials, and building operation. The
life-cycle cost analysis shall include, but not be limited to,
the
following: (1) The coordination, orientation, and positioning of the
facility on its physical site; (2) The amount and type of glass employed in the facility
and the directions of exposure; (3) Thermal characteristics of materials, including the
effect of insulation incorporated into facility design; (4) Architectural features which that affect energy
consumption, including the effect of solar utilization of the
properties of external surfaces; (5) The variable occupancy and operating conditions of the
facility and subportions of the facility, including illumination
levels; (6) An energy consumption analysis of the major equipment
of the facility's heating, ventilating, and cooling system,
lighting system, hot water system, and all other energy consuming
systems and equipment as appropriate. This analysis shall
include the following: (a) The comparison of two or more system alternatives, one
of which may be a system using solar energy; (b) The projection of the annual energy consumption of
major energy consuming equipment and systems for a range of
operation of the facility over the life of the facility; (c) An evaluation of the energy consumption of component
equipment in each system, considering the operation of such those
components at other than full or rated outputs. The rules shall be based on the best currently available
methods of analyses analysis, including those of the national bureau of
standards, the department of housing and urban development, and other
federal agencies and professional societies, and materials
developed by the department. The office shall promulgate adopt rules for energy
performance indices, as defined in division (B)(4) of this
section, to audit and evaluate competing design proposals
submitted to the state. (E)(F) The office shall conduct studies of
the state's
purchase and use of supplies, automobiles, and equipment having a
significant impact on energy use by government, in order to
determine the potential for energy conservation. The department
of development shall advise the office on the state of the art of energy
efficiency, both
generally and with reference to the cost of various levels of
energy efficiency. The office
shall promulgate adopt rules to ensure that energy efficiency and
conservation will be considered in state purchasing. Minimum
energy efficiency standards on purchased products and equipment
shall be required, based on federal testing and labeling where
available or standards developed by the department. Life-cycle
cost analysis of energy consuming equipment and components shall
be made part of the competitive selection procedures of Chapter
125. of the Revised Code where possible.
Not later than January 1, 1979, the The office shall take
the initiative in implementing purchasing measures through the
following means:
(1) Identifying energy conservation opportunities
available; (2) Providing for interchange of information among state
agencies; (3) Identifying laws, policies, rules, and procedures
which need modification; (4) Monitoring experience with energy conservation buying
practices; (5) Providing training programs and workshops for state
employees involved in the purchasing process. The department of development shall make recommendations to
the office regarding planning and
implementation of purchasing policies and procedures supportive
of energy conservation. (F)(G)(1) The
office shall
require all departments, agencies, state institutions,
universities, colleges, authorities, commissions, boards, and
quasi-governmental entities to implement procedures ensuring that
all their passenger automobiles acquired in each fiscal year,
except for those passenger automobiles acquired for use in law
enforcement or emergency rescue work, achieve a fleet average
fuel economy of not less than twenty miles per gallon in fiscal
year 1979, not less than twenty-one miles per gallon in fiscal
year 1980, and, in each fiscal year thereafter, not less than the
fleet average fuel economy prescribed, by rule, by the office for that fiscal
year in accordance with this division.
Prior to the beginning of fiscal year 1981 and each fiscal
year thereafter, the office shall adopt rules prescribing the
fleet average fuel economy all passenger automobiles acquired by
all departments, agencies, state institutions, universities,
colleges, authorities, commissions, boards, and
quasi-governmental entities of state government during the fiscal
year covered by the rules must achieve, except for those
passenger automobiles acquired for use in law enforcement or
emergency rescue work. These rules shall not be less stringent
than the average fuel economy standards established pursuant to
federal law for passenger automobiles manufactured during the
model year that begins during the fiscal year. (1)(2) Each department, agency, state institution,
university, college, authority, commission, board, and
quasi-governmental entity of state government shall determine its
fleet average fuel economy by dividing:
(a) The total number of passenger vehicles acquired during
the fiscal year, except for those passenger vehicles acquired for
use in law enforcement or emergency rescue work, by (b) A sum of terms, each of which is a fraction created by
dividing: (i) The number of passenger vehicles of a given make,
model, and year, except for passenger vehicles acquired for use
in law enforcement or emergency rescue work, acquired during the
fiscal year, by (ii) The fuel economy measured by the administrator of the
United States environmental protection agency, for the given
make, model, and year of vehicle, that constitutes an average
fuel economy for combined city and highway driving. (2) As used in division (F)(1)(G)(2) of this section, "acquired"
means leased for a period of sixty continuous days or more, or
purchased.
Sec. 125.09. (A) Pursuant to section 125.07 of the
Revised Code, the department of administrative services may
prescribe such conditions under which competitive sealed bids
will be received and terms of the proposed purchase as it
considers necessary; provided, that all such conditions and terms
shall be reasonable and shall not unreasonably restrict
competition, and bidders may bid upon all or any item of the
supplies or services listed in such the notice. Those bidders
claiming the preference for United States and Ohio products
outlined in this chapter shall designate in their bids either
that the product to be supplied is an Ohio product or that, under
the rules established by the director of administrative services,
they qualify as having a significant Ohio economic presence. (B) The department may shall require that each bidder provide
sufficient information about the energy efficiency or energy
usage of the bidder's product or service, including whether the product or service meets the energy efficiency guidelines set by the United States environmental protection agency and department of energy. (C) The director of administrative services shall, by rule
adopted pursuant to Chapter 119. of the Revised Code, shall prescribe
criteria and procedures for use by all state agencies in giving
preference to United States and Ohio products as required by
division (B) of section 125.11 of the Revised Code. The rules
shall extend to the following: (1) Criteria for determining that a product is produced or
mined in the United States rather than in another country or
territory; (2) Criteria for determining that a product is produced or
mined in Ohio; (3) Information to be submitted by bidders as to the
nature of a product and the location where it is produced or
mined; (4) Criteria and procedures to be used by the director to
qualify bidders located in states bordering Ohio this state who might
otherwise be excluded from being awarded a contract by operation
of this section and section 125.11 of the Revised Code. The
criteria and procedures shall recognize the level and regularity
of interstate commerce between Ohio this state and the border states and
provide that the non-Ohio businesses may qualify for award of a
contract as long as they are located in a state that imposes no
greater restrictions than are contained in this section and
section 125.11 of the Revised Code upon persons located in Ohio this state who are
selling products or services to agencies of that state. The criteria and
procedures shall also shall provide that a non-Ohio business shall not bid
on a contract for state printing in this state if the business is located in a
state that excludes Ohio businesses from bidding on state printing
contracts in that state. (5) Criteria and procedures to be used to qualify bidders a bidder
whose manufactured products, except for mined products, are
produced in other states or in North America, but the bidders
have bidder has a significant Ohio economic presence in terms of the number
of employees or capital investment a the bidder has in this state.
Bidders with a significant Ohio economic presence shall qualify
for award of a contract on the same basis as if their products
were produced in this state. (6) Criteria and procedures for the director to grant
waivers of the requirements of division (B) of section 125.11 of
the Revised Code on a contract-by-contract basis where compliance
with those requirements would result in the state agency paying
an excessive price for the product or acquiring a
disproportionately inferior product; (7) Such other Other requirements or procedures reasonably
necessary to implement the system of preferences established
pursuant to division (B) of section 125.11 of the Revised Code. In adopting the rules required under this division, the
director shall, to the maximum extent possible, shall conform to the
requirements of the federal "Buy America Act," 47 Stat. 1520,
(1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations
adopted thereunder under that act.
Sec. 125.11. (A)(1) Subject to division divisions (A)(2) and (3) and (B) of this
section,
contracts
awarded pursuant to
a reverse auction
under section
125.072 of the Revised Code or pursuant to
competitive
sealed
bidding, including
contracts awarded under
section
125.081 of
the
Revised Code, shall be awarded to the
lowest
responsive and
responsible bidder on each item in
accordance with
section 9.312
of the Revised Code. When (2) After applying division (B) of this section, when applicable, the department of administrative services shall give preference to lowest responsive and responsible bidders whose product or service meets the energy efficiency guidelines set by the United States environmental protection agency and department of energy. And, when the
contract is for meat
products as
defined in section 918.01 of the
Revised Code or
poultry products
as defined in section 918.21 of
the Revised
Code, only those bids
received from vendors offering
products from
establishments on the
current list
of meat and
poultry vendors established and
maintained by the
director of
administrative services under
section 125.17 of the
Revised Code
shall be eligible for
acceptance. The (3) The department of
administrative services may accept
or reject any or all bids in
whole or by items, except that when
the contract is for services
or
products available from a
qualified nonprofit agency
pursuant to
sections 4115.31 to 4115.35
of the Revised Code, the
contract
shall be awarded to that agency. (B) Prior to awarding a contract for products under division (A) of
this
section, the department of administrative services or the
state
agency responsible for evaluating a contract for the
purchase of
products shall evaluate the bids received
according to
the
criteria and procedures established pursuant to divisions
(C)(1)
and (2) of section 125.09 of the Revised Code for
determining if a
product is produced or mined in the United
States and if a product
is
produced or mined in
this state. The
department or other
state agency shall first remove bids that offer
products
that
have not been or that will not be
produced or mined in
the
United
States. From among the remaining bids, the department
or
other
state agency shall select, subject to divisions (A)(2) and (3) of this section, the lowest responsive and
responsible
bid, in
accordance with section 9.312 of the Revised
Code, from
among the
bids that offer
products that
have been
produced or
mined in
this state
where sufficient
competition
can be generated
within
this
state to
ensure that
compliance
with these
requirements will not result in
an excessive
price for
the product
or acquiring a
disproportionately inferior
product.
If
there are
two or more
qualified bids that offer
products that have been
produced or mined
in
this state, it
shall be deemed that
there is
sufficient competition
to prevent an
excessive price for the
product or the acquiring of
a
disproportionately inferior product. (C) Division (B) of this section applies to contracts for
which competitive bidding is waived by the controlling board. (D) Division (B) of this section does not apply to
the
purchase by the division of liquor control of
spirituous
liquor. (E) The director of administrative services shall publish
in
the form of a model act for use by counties, townships,
municipal
corporations, or any other political subdivision
described in
division (B) of section 125.04 of the Revised Code, a
system of
preferences
for products
mined and
produced in
this
state and in
the United States and for
Ohio-based
contractors.
The
model act
shall reflect substantial
equivalence
to the system
of
preferences
in purchasing and public
improvement
contracting
procedures under
which the state operates
pursuant to
this chapter
and section
153.012 of the Revised Code. To the
maximum extent
possible,
consistent with the Ohio system
of
preferences in
purchasing and
public improvement contracting
procedures, the
model act shall
incorporate all of the
requirements of the federal
"Buy America
Act," 47 Stat. 1520
(1933), 41 U.S.C. 10a to 10d, as
amended, and
the rules adopted
under that act. Before and during the development and promulgation
of
the
model act, the director shall consult with appropriate
statewide
organizations representing counties, townships, and
municipal
corporations so as to identify the special requirements
and
concerns these political subdivisions have in their purchasing
and
public improvement contracting procedures. The director
shall
promulgate adopt the model act by rule adopted pursuant to
Chapter 119.
of the Revised Code and shall revise the act as
necessary to
reflect changes in this chapter or section 153.012
of the Revised
Code. The director shall make available copies of the model act,
supporting information, and technical assistance to any township,
county, or municipal corporation wishing to incorporate the
provisions of the act into its purchasing or public improvement
contracting procedure procedures.
Sec. 3345.52. (A) As used in this section, "state institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(B) Any state institution of higher education that receives an appropriation for a capital facilities project for the construction, reconstruction, improvement, renovation, enlargement, or alteration of a public improvement under its jurisdiction shall use energy efficient designs in carrying out the project.
Section 2. That existing sections 123.011, 125.09, and 125.11 of the Revised Code are hereby repealed.
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