Section 44M Energy systems; life-cycle cost estimates - Massachusetts Statutes

Section 44M. As used in this section the following words shall have the following meanings:—

“New Building”, an entire building or any addition to an existing building that adds at least ten per cent gross floor space to the building, where the cost of construction is estimated to exceed one hundred thousand dollars.

“Energy system”, any equipment that is employed to heat or cool a building, or to heat hot water used in a building, or to generate electricity for a building and that uses the sun, wind, water, biomass, oil, natural gas, or electricity as its power supply in whole or in part.

“Life cycle cost estimate”, the estimated cost of installing, financing, fueling, maintaining, and replacing an energy system, including the cost of any energy conservation measures to reduce the required capacity or fuel consumption of an energy system.

Every contract for architectural or engineering services necessary for the preliminary design of all new buildings or for the modification or replacement of an energy system in an existing building entered into by a public awarding authority subject to the bidding requirements of sections forty-four A to forty-four L inclusive, of this chapter shall contain a stipulation that life-cycle cost estimates shall be obtained at an initial stage and as a regular part of the services to be performed under said contract.

Prior to the preparation of plans and specifications for the purposes of bidding requirements of said sections forty-four A to forty-four L inclusive, the awarding authority shall ensure that the life-cycle cost estimates have been completed and shall file summaries of said cost estimates with the building code commission and the director of the office of consumer affairs and business regulation. No construction project shall be advertised for bids by any such awarding authority, nor shall any contract for construction be awarded by such authority, nor shall any building permit be issued until said summaries of cost estimates have been filed with the building code commission and with the director of the office of consumer affairs and business regulation and approved by the director of the office of consumer affairs and business regulation.

Any contractor for architectural services necessary to the preliminary design of a new building who fails to obtain life-cycle cost estimates in the performance of a contract containing language which stipulates such, shall be prohibited by the director of the office of consumer affairs and business regulation from contracting, directly or indirectly, with the commonwealth or any political subdivision thereof for similar architectural services for a period of one year from the date of determination of said violation.

The director of the office of consumer affairs and business regulation may offer to all public awarding authorities and other interested parties assistance and training in the performance of the requirements of this section. The director of the office of consumer affairs and business regulation shall promulgate rules and regulations to implement the provisions of this section.