Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 506
       
       
       
       
       
       
                                Ì413074ÊÎ413074                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/22/2020           .                                
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       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Perry) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 47 and 48
    4  insert:
    5         (7) AUTHORITY OF DEPARTMENT OF MANAGEMENT SERVICES.—
    6         (a) Notwithstanding any other provision of this section,
    7  the Department of Management Services shall be the agency of
    8  state government which is solely and exclusively authorized and
    9  empowered to administer and perform the functions described in
   10  subsections (3), (4), and (5) respecting all projects for which
   11  the funds necessary to complete same are appropriated to the
   12  Department of Management Services, irrespective of whether such
   13  projects are intended for the use and benefit of the Department
   14  of Management Services or any other agency of government.
   15  However, nothing herein shall be construed to be in derogation
   16  of any authority conferred on the Department of Management
   17  Services by other express provisions of law. Additionally, any
   18  agency of government may, with the approval of the Department of
   19  Management Services, delegate to the Department of Management
   20  Services authority to administer and perform the functions
   21  described in subsections (3), (4), and (5). Under the terms of
   22  the delegation, the agency may reserve its right to accept or
   23  reject a proposed contract.
   24         (b) The Department of Management Services is designated as
   25  the entity to administer and perform the procurement functions
   26  for guaranteed energy, water, and wastewater performance savings
   27  contracts in accordance with s. 489.145.
   28         Section 3. Subsection (4) of section 489.145, Florida
   29  Statutes, is amended to read:
   30         489.145 Guaranteed energy, water, and wastewater
   31  performance savings contracting.—
   32         (4) PROCEDURES.—
   33         (a) The Department of Management Services is authorized to
   34  procure a list of qualified energy savings contractors for use
   35  by agencies as prequalified contractors for guaranteed energy,
   36  water, and wastewater performance savings contracts. The
   37  department shall prequalify guaranteed energy, water, and
   38  wastewater performance savings contractors for inclusion on the
   39  list, and may also include such contractors on the National
   40  Association of Energy Service Companies list of accredited
   41  energy service companies or a similar accreditation agency’s
   42  list. The department shall post on its website the list of
   43  prequalified energy savings contractors and a model agreement
   44  for use by agencies as set forth in subsection (6).
   45  Notwithstanding chapter 287 and the authority of the department,
   46  for the purpose of enhancing energy savings and efficiencies in
   47  this state, the department shall follow good purchasing
   48  practices of state procurement to the extent practicable under
   49  the circumstances. Section 120.57(3) applies to the department’s
   50  contracting process, except the filing of a bond is not required
   51  in order to protect the list of prequalified energy savings
   52  contractors; and a formal written protest of any decision,
   53  intended decision, or other action subject to protest must be
   54  filed within 72 hours after receipt of notice of the decision,
   55  intended decision, or other actions. The department shall
   56  maintain the list and re-procure every 3 years.
   57         (b) An agency may enter into a guaranteed energy, water,
   58  and wastewater performance savings contract with a guaranteed
   59  energy, water, and wastewater performance savings contractor to
   60  reduce energy or water consumption, wastewater production, or
   61  energy-related operating costs of an agency facility through one
   62  or more energy, water, or wastewater efficiency or conservation
   63  measures.
   64         (c)(b) Before design and installation of energy, water, or
   65  wastewater efficiency and conservation measures, the agency must
   66  obtain from a guaranteed energy, water, and wastewater
   67  performance savings contractor a report that summarizes the
   68  costs associated with the energy, water, or wastewater
   69  efficiency and conservation measures or energy-related
   70  operational cost-saving measures and provides an estimate of the
   71  amount of the cost savings. The agency and the guaranteed
   72  energy, water, and wastewater performance savings contractor may
   73  enter into a separate agreement to pay for costs associated with
   74  the preparation and delivery of the report; however, payment to
   75  the contractor shall be contingent upon the report’s projection
   76  of energy, water, and wastewater cost savings being equal to or
   77  greater than the total projected costs of the design and
   78  installation of the report’s energy conservation measures.
   79         (d)(c) An agency may enter into a guaranteed energy, water,
   80  and wastewater performance savings contract with a guaranteed
   81  energy, water, and wastewater performance savings contractor if
   82  the agency finds that the amount the agency would spend on the
   83  energy, water, and wastewater efficiency and conservation
   84  measures is unlikely to exceed the amount of the cost savings
   85  for up to 20 years after the date of installation, based on the
   86  life cycle cost calculations provided in s. 255.255, if the
   87  recommendations in the report were followed and if the qualified
   88  provider or providers give a written guarantee that the cost
   89  savings will meet or exceed the costs of the system. However,
   90  actual computed cost savings must meet or exceed the estimated
   91  cost savings provided in each agency’s program approval.
   92  Baseline adjustments used in calculations must be specified in
   93  the contract. The contract may provide for repayment to the
   94  lender of the installation construction loan through installment
   95  payments for a period not to exceed 20 years.
   96         (e)(d)After the department has prequalified a list of
   97  guaranteed energy, water, and wastewater performance savings
   98  contractors that is posted to the department’s website in
   99  accordance with paragraph (a), an agency may issue a
  100  procurement, in the issuing agency’s desired format, for
  101  selection of a guaranteed energy, water, and wastewater
  102  performance savings contractor for a guaranteed energy, water,
  103  and wastewater performance savings contract A guaranteed energy,
  104  water, and wastewater performance savings contractor must be
  105  selected in compliance with s. 287.055; except that if fewer
  106  than three firms are qualified to perform the required services,
  107  the requirement for agency selection of three firms, as provided
  108  in s. 287.055(4)(b), and the bid requirements of s. 287.057 do
  109  not apply.
  110         (f)(e) Before entering into a guaranteed energy, water, and
  111  wastewater performance savings contract, an agency must provide
  112  published notice of the meeting in which it proposes to award
  113  the contract, the names of the parties to the proposed contract,
  114  and the contract’s purpose.
  115         (g)(f) A guaranteed energy, water, and wastewater
  116  performance savings contract may provide for financing,
  117  including tax-exempt financing, by a third party. The contract
  118  for third-party financing may be separate from the energy,
  119  water, and wastewater performance contract. A separate contract
  120  for third-party financing under this paragraph must include a
  121  provision that the third-party financier must not be granted
  122  rights or privileges that exceed the rights and privileges
  123  available to the guaranteed energy, water, and wastewater
  124  performance savings contractor.
  125         (h)(g) Financing for guaranteed energy, water, and
  126  wastewater performance savings contracts may be provided under
  127  the authority of s. 287.064.
  128         (i)(h) The Office of the Chief Financial Officer shall
  129  review proposals from state agencies to ensure that the most
  130  effective financing is being used.
  131         (j)(i) Annually, the agency that has entered into the
  132  contract shall provide the Department of Management Services and
  133  the Chief Financial Officer the measurement and verification
  134  report required by the contract to validate that savings have
  135  occurred.
  136         (k)(j) In determining the amount the agency will finance to
  137  acquire the energy, water, and wastewater efficiency and
  138  conservation measures, the agency may reduce such amount by the
  139  application of grant moneys, rebates, or capital funding
  140  available to the agency for the purpose of buying down the cost
  141  of the guaranteed energy, water, and wastewater performance
  142  savings contract. However, in calculating the life cycle cost as
  143  required in paragraph (d) (c), the agency may shall not apply
  144  any grants, rebates, or capital funding.
  145  
  146  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  147  And the directory clause is amended as follows:
  148         Delete lines 27 - 28
  149  and insert:
  150         Section 2. Paragraph (g) of subsection (2) and subsection
  151  (7) of section 287.055, Florida Statutes, are amended to read:
  152  
  153  ================= T I T L E  A M E N D M E N T ================
  154  And the title is amended as follows:
  155         Delete line 9
  156  and insert:
  157         and mapping services; designating the Department of
  158         Management Services as the entity for administering
  159         and performing procurement functions relating to
  160         guaranteed energy, water, and wastewater performance
  161         savings contracts; amending s. 489.145, F.S.;
  162         authorizing the department to procure a list of
  163         qualified guaranteed energy, water, and wastewater
  164         performance savings contractors for use by agencies;
  165         specifying requirements of the department in
  166         developing and maintaining the list; modifying
  167         procedures for any protests relating to the list;
  168         modifying the manner of selection of a guaranteed
  169         energy, water, and wastewater performance savings
  170         contractor; providing an effective date.