1998 Regular Session
To: Conservation and Water Resources
By: Representative Ellington
House Bill 1286
AN ACT TO AMEND SECTIONS 57-39-103, 57-39-105, 57-39-107, 57-39-111, 57-39-112, 57-39-113 AND 57-39-115, MISSISSIPPI CODE OF 1972, THE "ENERGY MANAGEMENT LAW OF 1981," TO REVISE ENERGY MANAGEMENT GOALS, TO DELETE REFERENCES TO VEHICLES, AND TO CONFORM TO REORGANIZATION NOMENCLATURE; TO CREATE CODE SECTION 57-39-117, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A WAIVER OF A REQUEST FOR PROPOSALS IF AN AGENCY SELECTS A PROVIDER FROM A LIST OF QUALIFIED ENERGY SERVICES COMPANIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 57-39-103, Mississippi Code of 1972, is amended as follows:
57-39-103. The purpose of Sections 57-39-103 through 57-39-115 is to provide for development and implementation of a state energy management plan pertaining to all state-owned or state-leased buildings and facilities * * * in a manner which will minimize energy consumption and insure that buildings and facilities * * * are operated with maximum efficiency of energy use.
SECTION 2. Section 57-39-105, Mississippi Code of 1972, is amended as follows:
57-39-105. The Department of Economic and Community Development, hereinafter referred to as the "board," shall develop and coordinate the implementation of a general energy management plan. The general energy management plan shall include, but not be limited to, the following elements:
(a) Data gathering requirements;
(b) Buildings and facilities energy audit procedures;
(c) Uniform data analysis procedures;
(d) Employee energy education program procedures;
(e) Energy consumption reduction techniques;
(f) Training program for agency and institution * * * energy coordinators;
(g) Guidelines for buildings and facilities managers;
(h) Training program for agency and institution * * *;
* * *
(i) Building retrofit revolving loan fund policies and procedures;
(j) Program monitoring and evaluation procedures.
The general energy management plan shall also include a description of actions to reduce consumption of electricity and nonrenewable energy sources used for space heating and cooling, ventilation, lighting water heating and transportation. The Board of Trustees of State Institutions of Higher Learning, the Department of Education and the Department of Finance and Administration shall assist in the preparation of the general energy management plan. The Department of Finance and Administration, Bureau of Buildings Division, shall notify the Energy Division of all renovations and repairs of old buildings and facilities and the development of new buildings and facilities to ensure that energy efficient equipment is utilized.
SECTION 3. Section 57-39-107, Mississippi Code of 1972, is amended as follows:
57-39-107. The Department of Finance and Administration shall submit data regarding energy consumption to the board, in a form and manner prescribed by the board, for all agencies renting office space from the Department of Finance and Administration. Any state agency that leases or approves leases of a building or facility, or a portion thereof, shall arrange for the energy consumption costs to be separated from other costs specified in any lease agreements entered or renewed after June 30, 1999. A state agency that leases a building or facility, or a portion thereof, shall submit data regarding energy consumption to the board in the form and manner prescribed by the board. A state agency that does not operate and maintain a state-owned building or facility, nor lease a building or facility, or a portion thereof, shall, nonetheless, cooperate in the collection of energy consumption data and the implementation of the general energy management plan.
SECTION 4. Section 57-39-111, Mississippi Code of 1972, is amended as follows:
57-39-111. A state agency shall annually submit a detailed energy management plan to the board. The detailed energy management plan shall describe specific measures to be taken to reduce its energy consumption by energy unit measure in Fiscal Year 2001 by a minimum of fifteen percent (15%) as compared with its energy consumption in Fiscal Year 1999. The detailed energy management plan shall also describe specific measures to be taken to reduce its energy consumption by energy unit measure in Fiscal Year 2002 by a minimum of ten percent (10%) as compared with its energy consumption in Fiscal Year 2001 and * * * maintain that level of energy consumption with adjustments for agency growth or reduction and seasonal variances. A state agency shall annually submit its detailed energy management plan with its proposed budget annually beginning with the submission of its Fiscal Year 2001 proposed budget in such form as shall be prescribed by the board. The Legislative Budget Office shall not consider the budget of any state agency that does not submit its detailed energy management plan as provided by Sections 57-39-101 through 57-39-115.
SECTION 5. Section 57-39-112, Mississippi Code of 1972, is amended as follows:
57-39-112. The board shall cooperate with all public school districts of the state which request its assistance and cooperation in developing a detailed energy management plan for such public school district. The purposes of such plan shall be to assist the public school districts in attempting to reach a goal of reducing unnecessary and wasteful consumption of energy in its buildings and facilities * * *, to the desired end that energy consumption by energy unit measure in Fiscal Year 2003 can be reduced by a minimum of fifteen percent (15%) as compared with Fiscal Year 2001 * * * and that such levels of energy consumption may thereafter be contained or reduced, subject to any allowances for building and facilities modernization, remodeling or upgrading for educational purposes, and for increased or decreased enrollment. Any such detailed energy management plans which are adopted in writing shall be made available by the school district to the board for such distribution as the board may determine.
SECTION 6. Section 57-39-113, Mississippi Code of 1972, is amended as follows:
57-39-113. The board shall allow smaller percentage reduction goals to a state agency or institution that has undertaken an energy management program and obtained significant results prior to the passage of Sections 57-39-101 through 57-39-113.
SECTION 7. Section 57-39-115, Mississippi Code of 1972, is amended as follows:
57-39-115. In its annual report, the board shall report findings on results of energy reduction programs mandated by Sections 57-39-101 through 57-39-115. Findings shall include details as to individual state agency and institution * * * accomplishment and shall report compliance failures by individuals, agencies and institutions * * * and any noteworthy or exceptional reductions.
SECTION 8. The following section shall be codified as Section 57-39-117, Mississippi Code of 1972:
57-39-117. Any state agency or institution which includes all institutions of higher learning, community and junior colleges, hospitals and retardation centers, may enter into an Expedited Energy Management Program whereby the normal request for proposals may be waived by choosing one (1) of a pool of qualified energy services companies (ESCOs) to implement the program. The energy division shall set the criteria for selecting the qualified ESCOs. Under this expedited program, an agency or institution may choose an ESCO based on the criteria set up by the agency or institution. The agency or institution is not required to issue a request for proposals, but may enter into the contract upon choosing the vendor if the agency or institution has submitted an approved energy management plan as described in Section 57-39-111, Mississippi Code of 1972. The Energy Division may, upon request from an agency or institution, assist in the selection of one (1) of the qualified ESCOs.
SECTION 9. This act shall take effect and be in force from and after July 1, 1998.