The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. H. B. No. 295 As Reported by the Senate Energy and Public Utilities CommitteeAs Reported by the Senate Energy and Public Utilities Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Ujvagi, Szollosi, Peterson, Latta, Stebelton, Brown, Uecker, Chandler, McGregor, J., Combs, Celeste, Yuko, Fende, Mallory, Bolon, Bacon, Collier, Dyer, Evans, Flowers, Foley, Gardner, Garrison, Goyal, Hagan, R., Harwood, Hughes, Letson, Lundy, Otterman, J., Patton, Sayre, Setzer, Stewart, J., Williams, B., Williams, S., Zehringer
A BILL
To amend sections 133.20 and 307.041 of the Revised
Code to require that the amount spent by counties
on energy conservation measures be unlikely to
exceed the amount saved in energy and operating
costs over the average system life of the
measures, and to require that financed measures be
paid for within the lesser of their average system
life or thirty years.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.20 and 307.041 of the Revised
Code be amended to read as follows:
Sec. 133.20. (A) This section applies to bonds that are
general obligation Chapter 133. securities. If the bonds are
payable as to principal by provision for annual installments, the
period of limitations on their last maturity, referred to as
their
maximum maturity, shall be measured from a date twelve
months
prior to the first date on which provision for payment of
principal is made. If the bonds are payable as to principal by
provision for semiannual installments, the period of limitations
on their last maturity shall be measured from a date six months
prior to the first date on which provision for payment of
principal is made.
(B) Bonds issued for the following permanent improvements
or
for permanent improvements for the following purposes shall
have
maximum maturities not exceeding the number of years stated:
(a) The clearance and preparation of real property for
redevelopment as an urban redevelopment project;
(b) Acquiring, constructing, widening, relocating,
enlarging,
extending, and improving a publicly owned railroad or
line of
railway or a light or heavy rail rapid transit system,
including
related bridges, overpasses, underpasses, and tunnels,
but not
including rolling stock or equipment;
(c) Pursuant to section 307.675 of the Revised Code,
constructing or repairing a bridge using long life expectancy
material for the bridge deck, and purchasing, installing, and
maintaining any performance equipment to monitor the physical
condition of a bridge so constructed or repaired. Additionally,
the average maturity of the bonds shall not exceed the expected
useful life of the bridge deck as determined by the county
engineer under that section.
(a) General waterworks or water system permanent
improvements, including buildings, water mains, or other
structures and facilities in connection therewith;
(b) Sewers or sewage treatment or disposal works or
facilities, including fireproof buildings or other structures in
connection therewith;
(c) Storm water drainage, surface water, and flood
prevention
facilities.
(a) An arena, a convention center, or a combination of an
arena and convention center under section 307.695 of the Revised
Code;
(a) Municipal recreation, excluding recreational
equipment;
(b) Urban redevelopment projects;
(c) Acquisition of real property;
(d) Street or alley lighting purposes or relocating
overhead
wires, cables, and appurtenant equipment underground.
(5) Twenty years: constructing, reconstructing, widening,
opening, improving, grading, draining, paving, extending, or
changing the line of roads, highways, expressways, freeways,
streets, sidewalks, alleys, or curbs and gutters, and related
bridges, viaducts, overpasses, underpasses, grade crossing
eliminations, service and access highways, and tunnels.
(a) Resurfacing roads, highways, streets, or alleys;
(b) Alarm, telegraph, or other communications systems for
police or fire departments or other emergency services;
(c) Passenger buses used for mass transportation;
(d) Energy conservation measures as authorized by section
133.06
of the Revised Code.
(b) Fire department apparatus and equipment;
(c) Road rollers and other road construction and servicing
vehicles;
(d) Furniture, equipment, and furnishings;
(e) Landscape planting and other site improvements;
(f) Playground, athletic, and recreational equipment and
apparatus;
(g) Energy conservation measures as authorized by section
307.041, 505.264, or 717.02 of the Revised Code.
(8) Five years: New motor vehicles other than those
described
in any other division of this section and those for
which
provision is made in other provisions of the Revised Code.
(C) Bonds issued for any permanent improvements not within
the categories set forth in division (B) of this section shall
have maximum maturities of from five to thirty years as the
fiscal
officer estimates is the estimated life or period of
usefulness of
those permanent improvements. Bonds issued under
section 133.51
of
the Revised Code for purposes other than
permanent improvements
shall have the maturities, not to
exceed
forty years, that the
taxing authority shall specify. Bonds issued for energy
conservation measures under section 307.041 of the Revised Code
shall have maximum maturities not exceeding the lesser of the
average life of
the energy conservation measures as detailed in
the energy
conservation report prepared under that section or
thirty years.
(D) Securities issued under section 505.265
or 717.07 of the
Revised
Code shall mature not later than December 31, 2035.
(E) A securities issue for one purpose may include
permanent
improvements within two or more categories under
divisions (B) and
(C) of this section. The maximum maturity of
such a bond issue
shall not exceed the average number of years of
life or period of
usefulness of the permanent improvements as
measured by the
weighted average of the amounts expended or
proposed to be
expended for the categories of permanent
improvements.
Sec. 307.041. (A) As used in this section, "energy
conservation measure" means an installation or modification of an
installation in, or remodeling of, an existing building, to
reduce
energy consumption. It "Energy conservation measure" includes the
following:
(1) Insulation of the building structure and of systems
within the building;
(2) Storm windows and doors, multiglazed windows and
doors,
heat-absorbing or heat-reflective glazed and coated window
and
door systems, additional glazing, reductions in glass area,
and
other window and door system modifications that reduce energy
consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating, or air conditioning system
modifications or replacements;
(5) Caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such an increase
in
illumination is necessary to conform to the applicable state
or
local building code for the proposed lighting system;
(7) Energy recovery systems;
(8) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(9) Acquiring, constructing, furnishing, equipping, improving
the site of, and otherwise improving a central utility plant to
provide heating and cooling services to a building or buildings
together with distribution piping and ancillary distribution
controls, equipment, and related facilities from the central
utility plant to the building or buildings;
(10) Any other modification, installation, or remodeling
approved by the board of county commissioners as an energy
conservation measure.
(B) For the purpose of evaluating county buildings for
energy
conservation measures, a county may contract with an
architect,
professional engineer, energy services company,
contractor, or
other person experienced in the design and
implementation of
energy conservation measures for a an energy conservation report
that
analyzes. The report shall include all of the following:
(1) Analyses of the buildings' energy needs and presents
recommendations
for building installations, modifications of
existing
installations, or building remodeling that would
significantly
reduce energy consumption in the buildings owned by
that county.
The report shall include estimates;
(2) Estimates of all costs of such those
installations, those
modifications, or that remodeling, including costs of
design,
engineering, installation, maintenance, and repairs, and
estimates;
(3) Estimates of the amounts by which energy consumption
could be
reduced;
(4) The interest rate used to estimate the costs of any
energy conservation measures that are to be financed;
(5) The average system life of the energy conservation
measures;
(6) Estimates of the likely savings that will result from the
reduction in energy consumption over the average system life of
the energy conservation measure, including the methods used to
estimate the savings;
(7) A certification under the seal of a registered
professional engineer that the energy conservation report uses
reasonable methods of analysis and estimation.
(C)(1) A county desiring to implement energy conservation
measures may proceed under either of the following methods:
(1)(a) Using a report or any part of a an energy conservation
report prepared under
division (B) of this section, advertise for
bids and, except as otherwise provided in this section, comply
with
sections 307.86 to 307.92 of the Revised Code;
(2)(b) Notwithstanding sections 307.86 to 307.92 of the
Revised Code, request proposals from at least three vendors for
the implementation of energy conservation measures. A request for
proposals shall require the installer that is awarded a contract
under division (C)(2)(b) of this section to prepare an energy
conservation report in accordance with division (B) of this
section. Prior to
sending any installer of energy conservation
measures a copy of
any such request for proposals, the county
shall advertise its intent to
request proposals for the
installation of energy conservation
measures in a newspaper of
general circulation in the county once
a week for two consecutive
weeks. The notice shall state that
the county intends to request
proposals for the installation of
energy conservation measures;
indicate the date, which shall be
at least ten days after the
second publication, on which the
request for proposals will be
mailed to installers of energy
conservation measures; and state
that any installer of energy
conservation measures interested in
receiving the request for
proposal proposals shall submit written
notice to the county not later than
noon of the day on which the
request for proposal proposals will be mailed.
(2)(a) Upon receiving the proposals bids under division
(C)(1)(a) of this section, the county shall analyze them
and
select the proposal or proposals lowest and best bid or bids most
likely to result in the
greatest energy savings considering the
cost of the project and
the county's ability to pay for the
improvements with current
revenues or by financing the
improvements. The
(b) Upon receiving proposals under division (C)(1)(b) of this
section, the county shall analyze the proposals and the
installers' qualifications and select the most qualified installer
to prepare an energy conservation report in accordance with
division (B) of this section. After receipt and review of the
energy conservation report, the county may award a contract to the
selected installer to install the energy conservation measures
that are most likely to result in the greatest energy savings
considering the cost of the project and the county's ability to
pay for the improvements with current revenues or by financing the
improvements.
(c) The awarding of a
contract to install energy conservation
measures under division
(C)(2)(a) or (b) of this section shall be
conditioned upon a finding by the
contracting authority that the
amount of money spent on the energy
savings conservation measures
is not likely to exceed the amount of money the
county would save
in energy and, operating, maintenance, and avoided capital costs
over ten years or
a lesser period as determined by the contracting
authority or, in
the case of contracts for cogeneration systems,
over five years
or a lesser period as determined by the
contracting authority average system life of the energy
conservation measures as specified in the energy conservation
report. In making such a finding, the contracting authority may
take into account increased costs due to inflation as shown in the
energy conservation report.
Nothing in this section division
prohibits a county from rejecting all
bids or proposals under
division (C)(1)(a) or (b) of this section or from selecting more
than one bid or proposal.
(D) A board of county commissioners may enter into an
installment payment contract for the purchase and installation of
energy conservation measures. Those provisions Provisions of such
installment payment contracts that deal with interest charges and
financing terms shall not be subject to the competitive bidding
requirements of section 307.86 of the Revised Code, and shall be
on the following terms:
(1) Not less than one-tenth a specified percentage, as
determined and approved by the board of county commissioners, of
the costs of the contract
shall be paid within two years from the
date of purchase.
(2) The remaining balance of the costs of the contract
shall
be paid within ten years from the date of purchase or, in
the case
of contracts for cogeneration systems, within five years
from the
lesser of the
date of purchase average system life of the energy
conservation
measures as specified in the energy conservation
report or thirty years.
Unless otherwise approved by a resolution of the board, an
installment payment contract entered into by a board of county
commissioners under this section shall require the board to
contract in accordance with section 307.86 of the Revised Code
for
the installation, modification, or remodeling of energy
conservation measures pursuant to this section.
(E) The board of county commissioners may issue the notes of
the county specifying
the terms of the a purchase of energy
conservation measures under this section and securing the any
deferred payments
provided for in division (D) of this section,.
The notes shall be payable at the times provided and
bearing bear
interest at a rate not exceeding the rate determined as
provided
in section 9.95 of the Revised Code. The notes may
contain an
option for prepayment and shall not be subject to
Chapter 133. of
the Revised Code. Revenues derived from local
taxes or otherwise,
for the purpose of conserving energy or for
defraying the current
operating expenses of the county, may be pledged and
applied to
the payment of interest and the retirement of such the
notes. The
notes may be sold at private sale or given to the
contractor under
the an installment payment contract authorized by
division (D) of
this section.
(F) Debt incurred under this section shall not be included
in
the calculation of the net indebtedness of a county under
section
133.07 of the Revised Code.
Section 2. That existing sections 133.20 and 307.041 of the
Revised Code are hereby repealed.
Section 3. The amendments to sections 133.20 and 307.041 of
the Revised Code by this act apply to any proceedings commenced
after the effective date of this act and, so far as the provisions
thereof support the actions taken, to any proceedings pending or
in progress on, or completed prior to, the effective date of this
act. The authority provided by sections 133.20 and 307.041 of the
Revised Code as amended by this act is supplemental to and not in
derogation of any similar authority provided by, derived from, or
implied by any law, the Constitution, or any charter, resolution,
or ordinance, and no inference shall be drawn to negate the
authority thereunder by reason of the express provisions contained
in sections 133.20 and 307.041 of the Revised Code as amended by
this act.
|