Ohio § 505.264

§ 505.264.

(A) As used in this section, “ energy conservation measure ” means an installation or modification of an installation in, or remodeling of, an

existing building, to reduce energy consumption.  It includes the following: (1) Insulation of the building structure and of systems within the building; (2) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective

glazed and coated window and door systems, additional glazing, reductions in glass

area, and other window and door system modifications that reduce energy consumption; (3) Automatic energy control systems; (4) Heating, ventilating, or air conditioning system modifications or replacements; (5) Caulking and weatherstripping; (6) Replacement or modification of lighting fixtures to increase the energy efficiency

of the system without increasing the overall illumination of a facility, unless an

increase in illumination is necessary to conform to the applicable state or local

building code for the proposed lighting system; (7) Energy recovery systems; (8) Cogeneration systems that produce steam or forms of energy such as heat, as well

as electricity, for use primarily within a building or complex of buildings; (9) Any other modification, installation, or remodeling approved by the board of township

trustees as an energy conservation measure. (B) For the purpose of evaluating township buildings for energy conservation measures,

a township may contract with an architect, professional engineer, energy services

company, contractor, or other person experienced in the design and implementation

of energy conservation measures for a report that analyzes the buildings' energy needs

and presents recommendations for building installations, modifications of existing

installations, or building remodeling that would significantly reduce energy consumption

in the buildings owned by that township.  The report shall include estimates of all costs of the installations, modifications,

or remodeling, including costs of design, engineering, installation, maintenance,

and repairs, and estimates of the amounts by which energy consumption could be reduced. (C) A township desiring to implement energy conservation measures may proceed under either

of the following methods: (1) Using a report or any part of a report prepared under division (B) of this section,

advertise for bids and comply with the bidding procedures set forth in sections 307.86 to 307.92 of the Revised Code ; (2) Request proposals from at least three vendors for the implementation of energy conservation

measures.  Before sending any installer of energy conservation measures a copy of any such

request, the township shall advertise its intent to request proposals for the installation

of energy conservation measures once a week for two consecutive weeks using at least

one of the following methods: (a) In the print or digital edition of a newspaper of general circulation in the township; (b) On the official public notice web site established under section 125.182 of the Revised Code ; (c) On the web site and social media account of the township. The notice shall state that the township intends to request proposals for the installation

of energy conservation measures;  indicate the date, which shall be at least ten days

after the second publication, on which the request for proposals will be mailed to

installers of energy conservation measures;  and state that any installer of energy

conservation measures interested in receiving the request for proposal shall submit

written notice to the township not later than noon of the day on which the request

for proposal will be mailed. Upon receiving the proposals, the township shall analyze them and select the proposal

or proposals most likely to result in the greatest energy savings considering the

cost of the project and the township's ability to pay for the improvements with current

revenues or by financing the improvements.  The awarding of a contract to install energy conservation measures under division

(C)(2) of this section shall be conditioned upon a finding by the township that the

amount of money spent on energy savings measures is not likely to exceed the amount

of money the township would save in energy and operating costs over ten years or a

lesser period as determined by the township or, in the case of contracts for cogeneration

systems, over five years or a lesser period as determined by the township.  Nothing in this section prohibits a township from rejecting all proposals or from

selecting more than one proposal. (D) A board of township trustees may enter into an installment payment contract for the

purchase and installation of energy conservation measures.  Any provisions of those installment payment contracts that deal with interest charges

and financing terms shall not be subject to the competitive bidding procedures of section 307.86 of the Revised Code .  Unless otherwise approved by a resolution of the board, an installment payment contract

entered into by a board of township trustees under this section shall require the

board to contract in accordance with the procedures set forth in section 307.86 of the Revised Code for the installation, modification, or remodeling of energy conservation measures

pursuant to this section. (E) The board may issue securities of the township specifying the terms of the purchase

and securing the deferred payments, payable at the times provided and bearing interest

at a rate not exceeding the rate determined as provided in section 9.95 of the Revised Code .  The maximum maturity of the securities shall be as provided in division (B)(7)(g) of section 133.20 of the Revised Code .  The securities may contain an option for prepayment and shall not be subject to

Chapter 133. of the Revised Code.  Revenues derived from local taxes or otherwise, for the purpose of conserving energy

or for defraying the current operating expenses of the township, may be applied to

the payment of interest and the retirement of the securities.  The securities may be sold at private sale or given to the contractor under the

installment payment contract authorized by division (D) of this section. (F) Debt incurred under this section shall not be included in the calculation of the

net indebtedness of a township under section 133.09 of the Revised Code .