House Bill 1100

(As Passed the House)

AN ACT TO AMEND SECTION 57-39-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN ANY STATE AGENCY, STATE INSTITUTION OF HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGE FAILS TO PROPERLY GATHER AND REPORT DATA FOR THE STATE ENERGY MANAGEMENT PLAN, THE MISSISSIPPI DEVELOPMENT AUTHORITY AND DEPARTMENT OF FINANCE AND ADMINISTRATION DIVISIONS SHALL CONSULT WITH SUCH AGENCY, INSTITUTION OR COLLEGE TO ACHIEVE THE PROPER GATHERING AND REPORTING OF DATA; TO PROVIDE THAT ANY STATE AGENCY, STATE INSTITUTION OF HIGHER LEARNING OR COMMUNITY OR JUNIOR COLLEGE THAT REDUCES ITS ENERGY CONSUMPTION AS DETERMINED BY MDA, THE HOUSE AND SENATE APPROPRIATIONS COMMITTEES SHALL BUDGET AS AN ADDITIONAL APPROPRIATION THAT AMOUNT OF SAVINGS FOR THE AGENCY, INSTITUTION OR COLLEGE TO USE FOR REPAIR AND REHABILITATION OF BUILDINGS AND OTHER ENERGY-RELATED PROJECTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 57-39-19, Mississippi Code of 1972, is amended as follows:

57-39-19. (1) To ensure that state-owned facilities be operated in an energy-efficient manner to reduce operating costs to the General Fund and demonstrate successful energy consumption reduction strategies to other sectors of the state economy, the division shall coordinate the development and implementation of a general energy management plan for state-owned and operated facilities in conjunction with the Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management. The general energy management plan shall include, but not be limited to, the following elements:

(a) Gathering of energy-related data from state agencies, state institutions of higher learning, and community and junior colleges in a form and manner as required by the division;

(b) Benchmarking of energy consumption and costs;

(d) Model buildings and facilities energy audit procedures;

(e) Model energy consumption reduction techniques;

(f) Uniform data analysis procedures;

(g) Model employee energy education program procedures;

(h) Model training program for agency and institution personnel and energy coordinators;

(i) Model guidelines for buildings and facilities managers;

(j) Program monitoring and evaluation procedures.

(2) The State Energy Management Plan shall also include a description of actions to reduce consumption of electricity and nonrenewable energy sources used for heating, cooling, ventilation, lighting and water heating. A designee of each of the following entities - the Board of Trustees of State Institutions of Higher Learning, the Community College Board, the Department of Education, and the Department of Finance and Administration shall assist in the preparation of the State Energy Management Plan and serve together on an advisory board; the director of the division shall serve as the head of this board and shall convene representatives of these institutions no fewer than once each year in order to review implementation of the State Energy Management Plan.

(3) The State Energy Management Plan shall be developed and implemented with input and assistance from the Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management, and the two (2) state agencies shall work together and pledge to use pertinent resources and programs in conjunction with one another to accomplish the goals described in this section. When any state agency, state institution of higher learning or community or junior college fails to properly gather and report data in accordance with subsections (1)(a) and (5) of this section, these two (2) state agencies shall consult with such agency, institution or college to achieve the proper gathering and reporting of data. Such failing agency, institution or college must cooperate with the two (2) state agencies in this consultation.

(4) The Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management shall transmit to the division an updated state building inventory on an annual basis.

(5) All state agencies having buildings on the inventory of buildings submitted to the Department of Finance and Administration as well as all institutions of higher learning and community and junior colleges (hereafter referred to as "covered entities"), shall submit energy consumption in a form and manner prescribed by the division.

(6) Energy-related data may include, but shall not be limited to, the following:

(a) Electrical consumption data;

(b) Natural gas consumption; and

Any covered entity that does not enter its energy data in the form and manner prescribed by the division shall, at the discretion of the division, not be eligible to receive energy conservation funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive any state, federal or other funds from the division. The Mississippi Development Authority, in coordination with the Bureau of Building, Grounds and Real Property Management, shall promulgate rules pertaining to this section.

(7) By September 1 of each year, the division shall provide to the Legislature and the Governor a report on the energy consumption of covered entities. This report shall include, but shall not be limited to, total energy consumption for the state, total costs related to the energy metrics being tracked, increases or decreases from year-to-year by the state and by each covered entity, and forecast models for the coming fiscal year. The Bureau of Building, Grounds and Real Property Management shall provide assistance in the development of this report, as needed. The division will also provide a list of covered entities that have not reported data in accordance with this section.

(8) By November 1, 2014, and each subsequent five-year interval, each covered entity must submit a detailed energy management plan to the division. The detailed energy management plan shall describe specific measures to be taken to reduce the agency's energy consumption by energy unit measure over a five-year period. The plan shall also include a timetable to accomplish the agency's reduction goals. If the detailed energy management plan meets the criteria developed by the division, the division shall approve the plan. If the detailed energy management plan fails to meet the criteria, the division shall disapprove the detailed energy management plan and notify the submitting agency in writing, including the reasons for disapproval. Covered entities that do not submit an energy management plan by the deadline or fail to remedy changes subsequently required by the division shall, at the discretion of the division, not be eligible to receive energy conservation funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive capital improvement funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive any state, federal or other funds from the division until such time as the entity has an energy management plan approved by the division.

(9) For any state agency, state institution of higher learning or community or junior college that reduces its energy consumption as determined by the division, the House and Senate Appropriations Committees shall budget, as an additional appropriation beyond the amount that would otherwise be appropriated, that amount of savings for the agency, institution or college to use for repair and rehabilitation of buildings and other energy-related projects.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.