KRS 56.784: Guaranteed energy savings performance contracts -- Authority for

administrative regulations.

(1) Each agency responsible for managing state -owned property shall review the utility

usage of the property and shall cooperate with the cabinet to determine which

properties are good candidates for guaranteed energy savings performance contracts.

The responsible agency is encouraged to implement guaranteed energy savings

performance contracts where appropriate.

(2) The cabinet may implement the provisions of K RS 56.770 to 56.784 through the

promulgation of administrative regulations pursuant to KRS Chapter 13A.

(3) The secretary of the cabinet shall promulgate administrative regulations in

accordance with the provisions of KRS Chapter 13A establishing a process for

procurement of energy savings performance contracts, including required contract

language. The following entities shall adhere to these regulations when procuring

services under a guaranteed energy savings performance contract:

(a) Any governing body of a postsecondary institution that manages its capital

construction program under KRS 164A.580; or

(b) Any public corporation as defined by KRS 45.750(2)(c) or as created under

the Kentucky Revised Statutes as a governmental agency and instrumentality

of the Commonwealth that manages its capital construction program.

(4) All state agencies, including those identified in subsection (3) of this section, shall

submit proposed guaranteed energy savings performance contracts to the Office of

Financial Management within the Office of the Controller for review and approval

prior to contract execution.

(5) The secretary shall report all authorized guaranteed energy savings performance

contracts to the Capital Projects and Bond Oversight Committee for its review.