Sec. 3. (a) As used in this chapter, "qualified provider" means the following:
(1) Before July 1, 1999, the term means a person that satisfies both of the following:
(A) The person is experienced in the design, implementation, and installation of energy conservation measures.
(B) The person submits to the school corporation or political subdivision a performance bond to ensure the qualified provider's faithful performance of the qualified provider's obligations over the term of the guaranteed energy savings contract.
(2) After June 30, 1999, the term means a person that satisfies all of the following:
(A) Subject to subdivision (3), the person is experienced in the design, implementation, and installation of energy conservation measures.
(B) The person is certified and meets the requirements of IC 4-13.6-4. The person's response to the request for proposals must include a copy of the person's certificate of qualification issued under IC 4-13.6-4.
(C) Subject to subdivision (3), the person provides energy conservation engineering services by a professional engineer licensed under IC 25-31 who is under the person's direct employment and supervision. The person's response to the request for proposals must include the license number of each professional engineer employed by the person to satisfy the requirement of this clause.
(D) The person provides:
(i) monitoring for the facility performance guarantee; and
(ii) service personnel under the person's direct employment and supervision;
for the duration of the contract's guarantee.
(E) The person performs at least twenty percent (20%) of the work (measured in dollars of the total contract price) with its own workforce.
(F) The person submits to the school corporation or political subdivision a performance bond to ensure the qualified provider's faithful performance of the qualified provider's obligations over the term of:
(i) the guaranteed energy savings contract; or
(ii) the guaranteed savings contract.
(3) With respect to conservation measures for which a contract is executed after June 30, 2006, the term includes a person that satisfies the following:
(A) The person is experienced in the design, implementation, and installation of conservation measures.
(B) The person provides engineering services with respect to conservation measures by a professional engineer licensed under IC 25-31 who is under the person's direct employment and supervision. The person's response to the request for proposals must include the license number of each professional engineer employed by the person to satisfy the requirement of this clause.
(b) For purposes of a guaranteed energy savings contract entered into before July 1, 1999, a person who was a qualified provider under subsection (a)(1) at the time the contract was entered into remains a qualified provider for that contract after June 30, 1999. If the person enters into:
(1) a guaranteed energy savings contract after June 30, 1999, and before July 1, 2006, the person must satisfy the requirements of subsection (a)(2); or
(2) a guaranteed savings contract after June 30, 2006, the person must satisfy the requirements of subsection (a)(2) and (a)(3);
to be considered a qualified provider.
As added by P.L.24-1993, SEC.6. Amended by P.L.208-1995, SEC.6; P.L.58-1999, SEC.10; P.L.168-2006, SEC.8.
Structure Indiana Code
Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations
36-1-12.5-0.5. "Actual Savings" Defined
36-1-12.5-0.6. "Billable Revenues" Defined; "Billable Revenue Increases" Defined; "Revenues" Defined
36-1-12.5-0.7. "Causally Connected Work" Defined
36-1-12.5-1. "Conservation Measure" Defined
36-1-12.5-1.5. "Governing Body" Defined
36-1-12.5-2. "Guaranteed Savings Contract" Defined
36-1-12.5-2.5. "Industry Engineering Standards" Defined
36-1-12.5-3. "Qualified Provider" Defined
36-1-12.5-3.5. "Related Capital Expenditures" Defined
36-1-12.5-3.7. "Stipulated Savings" Defined
36-1-12.5-4. "Utility Efficiency Program" Defined
36-1-12.5-5.3. Certification of Subcontractor Required
36-1-12.5-5.5. Procedures for Issuance of Bonds by Political Subdivisions Not Applicable
36-1-12.5-6. Report Before Installation or Remodeling
36-1-12.5-7. Installment Payment Contracts; Maximum Period
36-1-12.5-8. Approval Required
36-1-12.5-9. Payroll Records Required; Inspection
36-1-12.5-10. Submission of Contract and Annual Report to Department of Local Government Finance
36-1-12.5-11. Contracts That Include Stipulated Savings
36-1-12.5-12. Improvements Not Causally Connected to Conservation Measure