ENROLLED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 1021
Regular Session, 2010
HOUSE BILL NO. 699
BY REPRESENTATIVES GEYMANN, ARMES, LEGER, LI GI, MCVEA, MORRIS,
AND SMILEY AND SENATOR MOUNT
AN ACT1
To amend and reenact R.S. 39:1496.1(E)(1)(b) and (c) and (2) and to enact R.S.2
39:1496.1(F) and (G), relative to performance-based energy efficiency contracts; to3
provide for the approval process of such contracts; to provide for the Energy4
Efficiency Procurement Support Team; to provide for the audit and review process5
of such contracts; to provide for appropriation of such contracts; to provide for an6
effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 39:1496.1(E)(1)(b) and (c) and (2) are hereby amended and reenacted9
and R.S. 39:1496.1(F) and (G) are hereby enacted to read as follows:10
ยง1496.1. Performance-based energy efficiency contracts11
* * *12
E.(1)13
* * *14
(b) A state agency shall forward the results of its evaluation of each such15
proposal to the commissioner of administration. The commissioner of administration16
may select an independent third-party evaluation consultant to review and evaluate17
the submitted proposals. The consultant shall submit the result of his evaluation to18
the Energy Efficiency Procurement Support Team and to the commissioner of19
administration. The Energy Efficiency Procurement Support Team who shall review20
the evaluation of the independent third-party evaluation consultant. Upon completion21
of such review, the Energy Efficiency Procurement Support Team shall submit its22
recommendation to the commissioner of administration. The commissioner of23
administration shall review the evaluation of the independent third-party evaluation24 ENROLLEDHB NO. 699
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
consultant and the recommendation of the Energy Efficiency Procurement Support1
Team and shall notify the agency as to whether it may proceed with negotiation of2
the contract in accordance with the provisions of this Chapter. The commissioner of3
administration may require that the consultant selected pursuant to this Section4
participate on behalf of the agency in the negotiation of the contract. Every contract5
negotiated pursuant to this Section must be approved by the commissioner of6
administration. Upon the completion of the negotiation of the contract by the agency,7
the commissioner of administration shall review the negotiated contract. If the8
commissioner of administration approves the contract then the contract shall be9
submitted by the commissioner of administration to the Joint Legislative Committee10
on the Budget for review and approval.11
(c) Notwithstanding any other provision of this Chapter, no proposer shall12
be selected pursuant to this Section nor shall any contract be awarded pursuant to this13
Section, except by the approval of both the commissioner of administration and the14
Joint Legislative Committee on the Budget.15
* * *16
(2) The legislative auditor shall conduct performance audits of performance-17
based energy efficiency contracts . The legislative auditor shall establish a written18
schedule for execution of such performance audits, which and the schedule shall be19
posted on the website of the legislative auditor no later than February first of each20
year. Such schedule shall provide for periodic audits during the term of such21
contracts and for an audit upon the completion of any such contract. The legislative22
auditor shall coordinate with the commissioner of administration to develop a23
description of information to be included as part of each performance audit. The24
results of any such performance audits shall be published no later than thirty days25
prior to the commencement of each Regular Session of the Legislature. Audits shall26
be conducted on each performance-based energy efficiency contract in effect on and27
after January 1, 2010.28
* * *29 ENROLLEDHB NO. 699
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
F. For the purposes of this Section, any appropriation to an agency shall not1
be deemed an appropriation of funds by the legislature to fulfill the requirements of2
a performance-based energy efficiency contract awarded on or after January 1, 2010,3
unless and until such contract has been approved in accordance with the provisions4
of this Section.5
G. For the purposes of this Section, the Energy Efficiency Procurement6
Support Team shall consist of an attorney chosen jointly by the speaker of the House7
of Representatives and the president of the Senate from the legislative services staff8
of the House of Representatives or the staff of the Senate and one or more9
representatives chosen by each of the following: the Division of Administration,10
facility planning and control; the using agency initiating the procurement action; and11
the Legislative Fiscal Office. At least four members, one from each office or agency12
designated, must be present to constitute a quorum. The Energy Efficiency13
Procurement Support Team shall evaluate the submitted proposal in accordance with14
guidelines to be published by the Division of Administration.15
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor16
and subsequently approved by the legislature, this Act shall become effective on July 1,17
2010, or on the day following such approval by the legislature, whichever is later.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: