The Florida Senate

255.258  Shared savings financing of energy conservation in state-owned buildings.--

(1)  It is the policy of the state to encourage agencies to consider financing energy conservation measures and maintenance services through the use of shared savings financing as defined in s. 255.253(5), any other statutes to the contrary notwithstanding.

(2)  Except as noted in subsection (4), state agency shared savings contracts shall be developed in accordance with a model contract to be developed by the department in cooperation with the Attorney General, the Comptroller, and the Department of Community Affairs. The model contract shall include the methodology for calculating base line energy costs, a procedure for revising these costs should the state institute additional energy conservation features or building use change, a requirement for a performance bond guaranteeing that the facility will be restored to the original condition in the event of default, a provision for early buy-out, a clause specifying who will be responsible for maintaining the equipment, and a provision allowing the disposal of equipment at the end of the contract. No agency shall substantially alter the provisions described in the model without the permission of the department.

(3)  Contracts subject to this act shall be considered as contracts for the acquisition or purchase of commodities as defined in chapter 287.

(4)  Agencies desiring to implement shared savings demonstration programs prior to adoption of formal rules shall do so in cooperation with the Department of Community Affairs and the Department of Management Services.

(5)  Notwithstanding chapter 366, provision of electric power to a state agency pursuant to a shared savings contract shall be allowed when a state agency is the sole recipient of electric power from a cogeneration facility, other than an electric utility, owned by a private firm but located on the agency's premises when a state agency has the ability to purchase the facility at the end of the contractual term. As used in this subsection, the term "premises" means the single unit of property on which the cogeneration facility and the state agency's facility to which power is supplied is located.

(6)  Nothing herein shall affect the Public Service Commission's jurisdiction to set just, equitable, and reasonable rates for electric service pursuant to chapter 366.

History.--s. 3, ch. 85-256; s. 4, ch. 91-113; s. 181, ch. 92-279; s. 55, ch. 92-326; s. 18, ch. 98-279.