§ 19-11-1201. Title

This subchapter shall be known and may be cited as the “Guaranteed Energy Cost Savings Act”.

§ 19-11-1202. Definitions

As used in this subchapter: (1) (A) “Energy cost savings measure” means: (i) A new facility that is designed to reduce the consumption of energy or natural resources or operating costs as a result of changes that: (a) Do not degrade the level of service or working conditions; (b) Are measurable and verifiable under the […]

§ 19-11-1203. Energy cost savings measures authorized

(a) (1) A state agency may enter into a guaranteed energy cost savings contract in order to reduce energy consumption or operating costs of government facilities in accordance with this subchapter. (2) A state agency or several state agencies together may enter into an installment payment contract or lease purchase agreement with a qualified provider […]

§ 19-11-1204. Method of solicitation

Any solicitation of a guaranteed energy cost savings contract by a state agency shall be consistent with the Arkansas Procurement Law, § 19-11-201 et seq.

§ 19-11-1205. Evaluation of responses to solicitations

(a) In a state agency’s evaluation of each qualified provider’s response to a solicitation under § 19-11-1204, the state agency shall include an analysis of: (1) Whether the qualified provider meets the objectives of the solicitation, including without limitation a reduction in the state agency’s energy consumption or operating costs resulting from a guaranteed energy […]

§ 19-11-1206. Guaranteed energy cost savings contract requirements

(a) The following provisions are required in a guaranteed energy cost savings contract: (1) A statement that the state agency shall maintain and operate the energy cost savings measures as defined in the guaranteed energy cost savings contract; and (2) A guarantee by the qualified provider that: (A) The energy cost savings and operational cost […]

§ 19-11-1207. Administration of subchapter — Fees

(a) The Arkansas Energy Office of the Division of Environmental Quality shall administer this subchapter. (b) The Arkansas Pollution Control and Ecology Commission may promulgate rules for the administration of this subchapter to include without limitation the following: (1) Standards for measuring and verifying the performance of energy cost savings measures; (2) A standard contract […]

§ 19-11-1208. Use of maintenance and operation appropriations

(a) Notwithstanding any law to the contrary, a state agency may utilize maintenance and operations appropriations for the payment of equipment and energy cost savings measures required by a guaranteed energy cost savings contract. (b) An energy cost savings measure shall be treated as an energy efficiency project under Arkansas Constitution, Amendment 89.