HLS 10RS-1312 ENGROSSED
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are additions.
Regular Session, 2010
HOUSE BILL NO. 699
BY REPRESENTATIVES GEYMANN, ARMES, LEGER, LIGI, MCVEA, MORRIS,
AND SMILEY
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(E)(1)(c) and (2) and to enact R.S. 39:1496.1(F),2
relative to performance-based energy efficiency contracts; to provide for the3
approval process of such contracts; to provide for the audit and review process of4
such contracts; to provide for appropriation of such contracts; to provide for an5
effective date; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 39:1496.1(E)(1)(c) and (2) are hereby amended and reenacted and8
R.S. 39:1496.1(F) is hereby enacted to read as follows:9
ยง1496.1. Performance-based energy efficiency contracts10
* * *11
E.(1)12
* * *13
(c) Notwithstanding any other provision of this Chapter, no proposer shall14
be selected pursuant to this Section nor shall any contract be awarded pursuant to this15
Section, except by the commissioner of administration and with approval by the Joint16
Legislative Committee on the Budget.17
* * *18
(2) The legislative auditor shall conduct performance audits of performance-19
based energy efficiency contracts. The legislative auditor shall establish a written20 HLS 10RS-1312 ENGROSSED
HB NO. 699
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schedule for execution of such performance audits, which and the schedule shall be1
posted on the website of the legislative auditor no later than February first of each2
year. Such schedule shall provide for periodic audits during the term of such3
contracts and for an audit upon the completion of any such contract. The legislative4
auditor shall coordinate with the commissioner of administration to develop a5
description of information to be included as part of each performance audit. The6
results of any such performance audits shall be published no later than thirty days7
prior to the commencement of each Regular Session of the Legislature. Audits shall8
be conducted on each performance-based energy efficiency contract in effect on and9
after January 1, 2010.10
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F. For the purposes of this Section, any appropriation to an agency shall not12
be deemed an appropriation of funds by the legislature to fulfill the requirements of13
a performance-based energy efficiency contact awarded on or after January 1, 2010,14
unless and until such contract is approved by the Joint Legislative Committee on the15
Budget.16
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor17
and subsequently approved by the legislature, this Act shall become effective on July 1,18
2010, or on the day following such approval by the legislature, whichever is later.19
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
legislative auditor regarding performance audits on performance-based energy
efficiency contracts.
Present law provides that only the commissioner 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. HLS 10RS-1312 ENGROSSED
HB NO. 699
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are additions.
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 Feb. 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 Jan. 1, 2010.
Proposed law provides that the legislative auditor shall coordinate with the commissioner
of administration to develop a description of information to be included as part of each
performance audit.
Proposed law provides that any appropriation to an agency shall not be deemed an
appropriation of funds by the legislature to fulfill the requirements of a performance-based
energy efficiency contact awarded on or after Jan. 1, 2010, until such contract is approved
by the Joint Legislative Committee on the Budget.
Effective July 1, 2010.
(Amends R.S. 39:1496.1(E)(1)(c) and (2); Adds R.S. 39:1496.1(F))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Appropriations to the
original bill.
1. Removed the provision requiring the commissioner of administration to
promulgate rules regarding performance audits and added that the legislative
auditor will coordinate with the commissioner of administration to develop the
information included in the audits.
2. Changed the effective date for contracts which must receive performance audits
from Aug. 15, 2010 to Jan. 1, 2010.
3. Added that any appropriation to an agency shall not be deemed an appropriation
of funds by the legislature to fulfill the requirements of a performance-based
energy efficiency contact awarded on or after Jan. 1, 2010, until such contract is
approved by the Joint Legislative Committee on the Budget.