Ch. 69

1997 LAWS OF MARYLAND

CHAPTER 69
(House Bill 1173)

AN ACT concerning

State Procurement - Energy Performance Contracts

FOR the purpose of increasing the authorized duration of certain energy performance
contracts; requiring the Board of Public Works and the Maryland Energy
Administration to make certain determinations; and generally relating to the review
and approval and maximum duration of energy performance contracts.

BY repealing and reenacting, with amendments,
Article - State Finance and Procurement
Section 12-301

Annotated Code of Maryland

(1995 Replacement Volume and 1996 Supplement)

BY repealing and reenacting, without amendments,
Article - State Finance and Procurement
Section 12-302 and 12-303
Annotated Code of Maryland
(1995 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Finance and Procurement

12-301.

(a) (1) Before issuing a request for proposals for an energy performance
contract, a primary procurement unit shall consult with the Maryland Energy
Administration.

(2) The Maryland Energy Administration shall review the proposed request
to ensure that it meets with the State energy standards, PRESERVES THE STATE'S
FLEXIBILITY TO INVESTIGATE AND USE ECONOMICALLY JUSTIFIABLE NEW
TECHNOLOGIES, and is in conformance with the unit's energy conservation plan that has
been developed in accordance with § 4-806 of this article.

(b) (1) Notwithstanding any other provision of law and subject to the approval
and control of the Board of Public Works, a primary procurement unit of State
government is authorized to enter into energy performance contracts of up to [12] 25 15
years duration.

(2) The payments and the total contract amount due under an energy
performance contract may not exceed the actual energy savings realized as a result of the
contract's performance.

- 1398 -