HOUSE BILL No. 2603*
An Act concerning energy conservation; relating to improvements to
state and municipal
facilities; authorizing the financing of such
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this
(1) ``Municipality'' shall have the
meaning ascribed thereto in K.S.A.
75-1117, and amendments thereto.
(2) ``State agency'' shall have the
meaning ascribed thereto in K.S.A.
75-3049, and amendments thereto.
(3) ``Energy conservation measure'' means
an energy study, audit,
improvement or equipment which is designed to provide energy and
erational cost savings at least equivalent to the amount expended
participating municipality or state agency for such energy study,
improvement or equipment over a period of not more than 20 years
the date such improvement or equipment is installed or becomes
ational, as the case may be.
(b) Subject to the provisions of
subsection (c), a municipality or state
agency may enter into a contract or lease-purchase agreement for
energy conservation measure which meets the criteria of this
addition to any other authority provided by law a municipality may
proposals to contract for an energy conservation measure by
for proposals and qualifications in a newspaper of general
the Kansas register, and by sending requests for proposals to at
vendors and negotiating a lease-purchase agreement with one or
vendors submitting a proposal thereto. Negotiations entered into
ant to this section with individual vendors shall not be subject to
provisions of the open meetings act. After an agreement has been
cuted, the agreement and all proposals from vendors shall be open
cords available for public inspection in accordance with the open
act. A state agency may utilize the procedures prescribed in K.S.A.
37,102, and amendments thereto, by the procurement negotiating
mittee to negotiate and contract for energy conservation measures.
state agency shall provide copies of plans of the proposed energy
vation measure to the secretary of administration, or such
ignee, for review. No state agency may enter into a contract for an
conservation measure unless such measure has been approved by
secretary of administration. Plans submitted under this section
retained and maintained by the secretary of administration.
(c) Before executing any contract or
lease-purchase agreement under
this section, the energy conservation contractor shall provide the
ipality or state agency with plans for the proposed energy
measures prepared by an engineer licensed to practice in Kansas.
energy conservation contractor shall also provide a report of the
lations showing the estimated energy and operational cost savings
would result from the proposed energy conservation measures.
standing any provision contained in K.S.A. 1999 Supp. 72-8225,
amendments thereto, the board of education of any school district
enter into a contract or lease-purchase agreement for an energy
vation measure for a period exceeding 10 years. Municipalities and
agencies may include a provision in the contract with an entity
the energy conservation measure requiring such entity to guarantee
the actual amount of savings of energy and operational costs
to the energy conservation measure be not less than the cost of the
conservation measure over the time specified including financing
(d) Within the limits of appropriations
available therefor, the state
corporation commission is authorized to provide grants for
studies and energy conservation measures for municipalities and
(e) The secretary of administration may
provide administrative sup-
port and resources available under the facility conservation
program under K.S.A. 75-37,111 et seq., and amendments
requested by municipalities and state agencies for purposes of this
tion. The secretary of administration may fix, charge and collect
able fees for any administrative support and resources or other
provided by the secretary under this subsection.
(f) The provisions of the cash basis law
and K.S.A. 79-2925, and
amendments thereto, shall not apply to any contract or
agreement entered into pursuant to this section.
Sec. 2. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved April 12, 2000.
Published in the Kansas Register April 20, 2000.