Okla. Stat. tit. 27A, § 27A-3-4-106.1

Program.

A. There is hereby created the Oklahoma State Facilities Energy

Conservation Program.

B. As used in this section:

1. "State agency" means any office, officer, bureau, board,

commission, counsel, unit, division, body, authority or institution

of the executive branch of state government, whether elected or

appointed and shall include institutions within The Oklahoma State

System of Higher Education. Technology Center School Districts

shall not be subject to the provisions of this act but are

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 368

encouraged to implement local district energy conservation efforts

as approved by the local technology center board;

2. "State facilities" or "facilities" means buildings or assets

owned or operated by a state agency which have a heating,

ventilation, or air conditioning system or utility services;

3. "Program" means the Oklahoma State Facilities Energy

Conservation Program;

4. "Director" means the Director of the Office of State

Finance; and

5. "IPMVP" means the International Performance Measurement and

Verification Protocol.

C. All state facilities shall be subject to the provisions of

the Oklahoma State Facilities Energy Conservation Program. The

Director of the Office of State Finance, or a designee selected by

the Director, shall oversee the development and implementation of

the Program, including the selection of the most qualified vendor or

vendors by utilizing a request for proposal to contract for the

development and implementation of an organizational behavior-based

or performance-based energy conservation program.

D. The objectives and scope of the Program and the request for

proposal shall be to:

1. Promote a centralized effort to gather information

pertaining to energy use in state facilities and designate

knowledgeable personnel to prioritize projects and make

recommendations for conservation implementation;

2. Benchmark state facilities energy usage prior to

implementation of the Program and measure energy conservation

savings utilizing commercially available energy accounting software

that adheres to the IPMVP;

3. Target a cumulative energy savings of not less than twenty

percent (20%) by the year 2020 when compared to the 2012 fiscal year

utility expenditures. The express purpose of the targeted energy

savings shall be to capitalize on opportunities for organizational

behavior-based or performance-based energy conservation efforts and

existing equipment and building optimization while maintaining or

improving the operational environment during times when facilities

are occupied;

4. When reasonably feasible, consider working with local

utilities in implementing energy reduction efforts and to utilize

utility demand side management and energy efficiency programs to

further capture energy efficiency potential;

5. Provide an annual reconciliation of the costs versus the

savings resulting from the Program as determined by the Director

utilizing the selected energy accounting software;

6. Fully fund the Program within existing state agency budgets

through savings generated by reducing energy costs;

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 369

7. Endeavor to utilize, when reasonably possible, existing

personnel to implement the Program at state facilities, provided

that compensation costs for additional personnel or additional

compensation costs for existing personnel dedicated exclusively to

implementation of the Program shall be funded from the savings

generated by the Program;

8. Include implementation of a formalized organizational

behavior-based or performance-based energy conservation program;

9. Evaluate existing facility energy accounting systems and

determine if the existing systems or a commercially available energy

accounting software program will be utilized to measure savings from

the Program in a way that adheres to the IPMVP;
generated by the Program;

8. Include implementation of a formalized organizational

behavior-based or performance-based energy conservation program;

9. Evaluate existing facility energy accounting systems and

determine if the existing systems or a commercially available energy

accounting software program will be utilized to measure savings from

the Program in a way that adheres to the IPMVP;

10. Seek to obtain ENERGY STAR recognition for facilities that

comply with the necessary requirements as established by the United

States Environmental Protection Agency;

11. Provide for an initial fee-free period of not less than

twelve (12) months during which foundational elements of the Program

are established and energy savings are generated before any fee

payments are due to a selected vendor; and

12. Provide for free ongoing support from the vendor beyond the

initial term of the Program, if the state substantially continues

implementation of the Program.

E. Upon implementation of the Program, all state agencies shall

input historical utility cost data into an IPMVP-adherent energy

accounting software database on a monthly basis and shall deliver an

annual report on the progress and cost savings of the Program to the

Director within ninety (90) days after the end of each fiscal year.

F. Upon notification by a state agency, the Director shall

consider any organizational behavior-based or performance-based

energy conservation programs under contract with a state agency

prior to August 24, 2012, to be in compliance with the provisions of

this section.

G. Compliance with the Program shall not prohibit any state

agency from entering into a performance-based efficiency contract

for capital improvements pursuant to Section 318 of Title 62 of the

Oklahoma Statutes. The Director is authorized to work with state

agencies to develop a separate statewide plan for capital

improvements for performance-based efficiency contracts pursuant to

the provisions of Section 318 of Title 62 of the Oklahoma Statutes.