HLS 10RS-1312 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 699
BY REPRESENTATIVE GEYMANN
CONTRACTS: Provides for the review and audit process for performance-based energy
efficiency contracts
AN ACT1
To amend and reenact R.S. 39:1496.1(A) and (E)(1)(c) and (2), relative to performance-2
based energy efficiency contracts; to provide relative to the adoption and3
promulgation of rules and regulations; to provide for the approval process of such4
contracts; to provide for the audit and review process of such contracts; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 39:1496.1(A) and (E)(1)(c) and (2) are hereby amended and8
reenacted to read as follows: 9
ยง1496.1. Performance-based energy efficiency contracts10
A. Any state agency as defined in R.S. 39:2 may enter into a performance-11
based energy efficiency contract for services and equipment as provided in this12
Section. The commissioner of administration shall adopt and promulgate rules and13
regulations necessary to implement the provisions of this Section, which rules shall14
be consistent with the Energy Management Act of 2001. Any such rules and15
regulations, including any related to the schedule of performance audits and16
information to be included in the reports of the legislative auditor required by this17
Section, shall be adopted and promulgated only after the review and approval of the18
Joint Legislative Committee on the Budget. The commissioner of administration19
shall submit the proposed rules and regulations to the Joint Legislative Committee20 HLS 10RS-1312 ORIGINAL
HB NO. 699
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are additions.
on the Budget thirty days prior to the review and approval of such rules and1
regulations by the committee. Such rules related to the schedule of performance2
audits and information to be included in the reports of the legislative auditor shall be3
adopted and promulgated no later than January 1, 2011.4
* * *5
E.(1) 6
* * *7
(c) Notwithstanding any other provision of this Chapter, no proposer shall8
be selected pursuant to this Section nor shall any contract be awarded pursuant to this9
Section, except by the commissioner of administration and with approval by the Joint10
Legislative Committee on the Budget.11
* * *12
(2) The legislative auditor shall conduct performance audits of performance-13
based energy efficiency contracts. The legislative auditor shall establish a written14
schedule for execution of such performance audits, which and the schedule shall be15
posted on the website of the legislative auditor no later than February first of each16
year. Such schedule shall provide for periodic audits during the term of such17
contracts and for an audit upon the completion of any such contract. The results of18
any such performance audits shall be published no later than thirty days prior to the19
commencement of each Regular Session of the Legislature. Audits shall be20
conducted on each performance-based energy efficiency contract in effect on and21
after August 15, 2010.22
* * *23 HLS 10RS-1312 ORIGINAL
HB NO. 699
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Geymann HB No. 699
Abstract: Requires approval of the Joint Legislative Committee on the Budget for awards
of performance-based energy efficiency contracts and adds responsibilities of the
commissioner of administration and legislative auditor regarding performance audits
on performance-based energy efficiency contracts.
Present law provides that only the commission of administration may award performance-
based energy efficiency contracts.
Proposed law retains present law and further requires approval of the Joint Legislative
Committee on Budget.
Present law provides for review of performance-based energy efficiency contracts by the
legislative auditor periodically during the term of the contract and at the completion of a
contract.
Proposed law retains present law and requires the legislative auditor to post a written
schedule of audits on the website no later than February 1 of each year. Proposed law
further requires that audits shall be conducted on each performance-based energy efficiency
contract in effect on and after August 15, 2010.
Present law requires the commissioner of administration to adopt and promulgate rules and
regulations necessary to implement the provisions of present law. Further requires that any
such rules and regulations shall be adopted and promulgated only after the review and
approval of the Joint Legislative Committee on the Budget.
Proposed law specifies that rules and regulations shall include those related to the schedule
of performance audits and information to be included in the reports of the legislative auditor.
Proposed law further adds that such rules shall be adopted and promulgated no later than
January 1, 2011.
(Amends R.S. 39:1496.1(A) and (E)(1)(c) and (2))