Code: FGD
160-5-4-.22 GUARANTEED ENERGY SAVINGS PERFORMANCE
CONTRACTS FOR PUBLIC SCHOOL FACILITIES
(1) DEFINITIONS.
(a) Guaranteed energy savings contract – a contract executed pursuant to O.C.G.A. §
50-37-3 between a local board of education and a qualified energy service provider for
evaluation, recommendation, and implementation of one or more energy conservation
measures which shall include, at a minimum, the design and installation of equipment
and, if applicable, operation and maintenance of any of the measures implemented, and
guaranteed annual savings which must meet or exceed the total annual contract payments
made by the governmental unit for such contract, including financing charges to be
incurred by the governmental unit over the life of the contract.
(2) REQUIREMENTS.
(a) Local boards of education are authorized to enter into guaranteed energy savings
contracts as provided in the Guaranteed Energy Savings Performance Contracting Act (
O.C.G.A. § 50-37-1, et. seq.). Local boards of education shall adhere to all applicable
requirements the Guaranteed Energy Savings Performance Contracting Act when
entering into guaranteed energy savings contracts, including, but not limited to,
requirements for provider selection and public advertisement.
(b) Local boards of education shall follow all State Board of Education rules and
Georgia Department of Education guidelines for processing plans and specifications of
capital improvements made by local boards of education as a part of guaranteed energy
savings contracts.
(c) Capital improvements made as a part of guaranteed energy savings contracts may be
eligible for capital outlay funding under O.C.G.A. § 20-2-260. To utilize capital outlay
funding for capital improvements made as a part of guaranteed energy savings contracts,
local boards of education shall ensure any such capital improvement is eligible for capital
outlay funding under the restrictions of the applicable bond issue of the Georgia State
Financing and Investment Commission (GSFIC) and shall follow all State Board of
Education rules and Georgia Department of Education guidelines for capital outlay
projects, including the Guideline for Energy Savings Performance Contracts.
(d) Local boards of education shall not be required to follow public bidding and
advertisement requirements of O.C.G.A. § 36-91-20 or § 36-91-21 for guaranteed energy
savings contracts provided the local board of education follows the requirements of the
Guaranteed Energy Savings Performance Contracting Act.
(e) Local boards of education are encouraged to collaborate with the Georgia Energy
Finance Authority (GEFA) prior to entering into a guaranteed energy savings contract.
Authority O.C.G.A. § 20-2-240; 20-2-260; 36-91-2; 50-37-1 – 50-37-8;
Adopted: August 22, 2012 Effective: September 12, 2012