143-64.10. Findings; policy. (a) The General Assembly finds all of the following: (1) That the State shall take a leadership role in aggressively undertaking the conservation of energy, water, and other utilities in North Carolina. (2) That State facilities and facilities of State institutions of higher learning have a significant impact on the State’s consumption […]
143-64.11. Definitions. For purposes of this Article: (1) "Economic life" means the projected or anticipated useful life of a facility. (2) "Energy-consumption analysis" means the evaluation of all energy- consuming systems, including systems that consume water or other utilities, and components of these systems by demand and type of energy or other utility use, including […]
143-64.12. Authority and duties of the Department; State agencies and State institutions of higher learning. (a) The Department of Environmental Quality through the State Energy Office shall develop a comprehensive program to manage energy, water, and other utility use for State agencies and State institutions of higher learning and shall update this program annually. Each […]
143-64.14: Recodified as 143-64.16 by Session Laws 1993, c. 334, s. 7.
143-64.15. Life-cycle cost analysis. (a) A life-cycle cost analysis shall be commenced at the schematic design phase of the construction or renovation project, shall be updated or amended as needed at the design development phase, and shall be updated or amended again as needed at the construction document phase. A life-cycle cost analysis shall include, […]
143-64.15A. Certification of life-cycle cost analysis. Each State agency and each State institution of higher learning performing a life-cycle cost analysis for the purpose of constructing or renovating any facility shall, prior to selecting a design option or advertising for bids for construction, submit the life-cycle cost analysis to the Department for certification at the […]
143-64.16. Application of Part. The provisions of this Part shall not apply to municipalities or counties, nor to any agency or department of any municipality or county; provided, however, this Part shall apply to any board of a community college. Community college is defined in G.S. 115D-2(2). (1975, c. 434, s. 5; 1989, c. 23, […]
143-64.17. Definitions. As used in this Part: (1) "Energy conservation measure" means a facility or meter alteration, training, or services related to the operation of the facility or meter, when the alteration, training, or services provide anticipated energy savings or capture lost revenue. Energy conservation measure includes any of the following: a. Insulation of the […]
143-64.17A. Solicitation of guaranteed energy savings contracts. (a) RFP Issuance. – Before entering into a guaranteed energy savings contract, a governmental unit shall issue a request for proposals. Notice of the request shall be published at least 15 days in advance of the time specified for opening of the proposals in at least one newspaper […]
143-64.17B. Guaranteed energy savings contracts. (a) A governmental unit may enter into a guaranteed energy savings contract with a qualified provider if all of the following apply: (1) The term of the contract does not exceed 20 years from the date of the installation and acceptance by the governmental unit of the energy conservation measures […]
143-64.17D. Contract continuance. A guaranteed energy savings contract may extend beyond the fiscal year in which it becomes effective. Such a contract shall stipulate that it does not constitute a direct or indirect pledge of the taxing power or full faith and credit of any governmental unit. (1993 (Reg. Sess., 1994), c. 775, s. 3; […]
143-64.17E. Payments under contract. A local governmental unit may use any funds, whether operating or capital, that are not otherwise restricted by law for the payment of a guaranteed energy savings contract. State appropriations to any local governmental unit shall not be reduced as a result of energy savings occurring as a result of a […]
143-64.17F. State agencies to use contracts when feasible; rules; recommendations. (a) State governmental units shall evaluate the use of guaranteed energy savings contracts in reducing energy costs and may use those contracts when feasible and practical. (b) The Department of Administration, in consultation with the Department of Environmental Quality, through the State Energy Office, shall […]
143-64.17G. Report on guaranteed energy savings contracts entered into by local governmental units. A local governmental unit that enters into a guaranteed energy savings contract must report the contract and the terms of the contract to the Local Government Commission and the State Energy Office of the Department of Environmental Quality. The Commission shall compile […]
143-64.17H. Report on guaranteed energy savings contracts entered into by State governmental units. A State governmental unit that enters into a guaranteed energy savings contract or implements an energy conservation measure pursuant to G.S. 143-64.17L must report either (i) the contract and the terms of the contract or (ii) the implementation of the measure to […]
143-64.17I. Installment and lease purchase contracts. A local governmental unit may provide for the acquisition, installation, or maintenance of energy conservation measures acquired pursuant to this Part by installment or lease purchase contracts in accordance with and subject to the provisions of G.S. 160A-20 and G.S. 160A-19, as applicable. (2002-161, s. 8.)
143-64.17J. Financing by State governmental units. State governmental units may finance the acquisition, installation, or maintenance of energy conservation measures acquired pursuant to this Part in the manner and to the extent set forth in Article 8 of Chapter 142 of the General Statutes or as otherwise authorized by law. (2002-161, s. 8.)
143-64.17K. Inspection and compliance certification for State governmental units. The provisions of G.S. 143-341(3) shall not apply to any energy conservation measure for State governmental units provided pursuant to this Part, except as specifically set forth in this section. Except as otherwise exempt under G.S. 116-31.11, the following shall apply to all energy conservation measures […]
143-64.17L. Board of Governors may authorize energy conservation measures at constituent institutions. (a) Authority. – Notwithstanding the provisions of this Part to the contrary, the Board of Governors of The University of North Carolina may authorize any constituent institution listed in subsection (e) of this section to implement an energy conservation measure without entering into […]
143-64.17M. Energy savings analysis required prior to implementation; post-implementation analyses required. (a) Energy Savings Analysis Required Prior to Implementation. – Prior to implementing an energy conservation measure pursuant to G.S. 143-64.17L, an energy savings analysis shall be performed to validate the economic assumptions that purportedly support the implementation of the measure. This analysis shall be […]
