SECTIONS 388 - California Statutes

PUBLIC UTILITIES CODE

SECTION 388

388. (a) Notwithstanding any other provision of law, any state
agency may enter into an energy savings contract with a qualified
energy service company for the purchase or exchange of thermal or
electrical energy or water, or to acquire energy efficiency and/or
water conservation services, for a term not exceeding 35 years, at
those rates and upon those terms that are approved by the agency.
(b) The Department of General Services or any other state or local
agency intending to enter into an energy savings contract may
establish a pool of qualified energy service companies based on
qualifications, experience, pricing or other pertinent factors.
Energy service contracts for individual projects undertaken by any
state or local agency may be awarded through a competitive selection
process to individuals or firms identified in such a pool. The pool
of qualified energy service companies and contractors shall be
reestablished at least every two years or shall expire.
(c) For purposes of this section, the following definitions apply:
(1) "Energy savings" means a measured and verified reduction in
fuel, energy or water consumption when compared to an established
baseline of consumption.
(2) "Qualified energy service company" means a company with a
demonstrated ability to provide or arrange for building or facility
energy auditors, selection and design of appropriate energy savings
measures, project financing, implementation of these measures, and
maintenance and ongoing measurement of these measures as to ensure
and verify energy savings.