Tennessee § 4-3-1018 - Energy management program — Liaisons — Action — Reevaluation.

§ 4-3-1018. Energy management program — Liaisons — Action — Reevaluation.

To assist the department of finance and administration in developing an energy management plan for state government under §§ 4-3-1017 — 4-3-1019, each department of state government, institution or agency having control of or responsibility for the management or operation of a building used by state government, including the postsecondary public institutions and subparts of the University of Tennessee, the state board of regents and the state board of education, whether owned or leased, shall designate a representative for each building or group of buildings under one (1) management as a liaison with the department. Such person shall be the building manager or superintendent or someone familiar with the operation of the building. Each person designated as a liaison with the department shall cooperate with and assist the department in conducting energy audits of the building or group of buildings for which the person is the designated liaison, as well as any other studies or plans carried out by the department under this chapter or energy efficiency codes. Duties of the person shall include, but not be limited to, collecting energy use and other data requested by the department, assisting the department in identifying energy use reduction opportunities, implementing energy use reduction efforts and monitoring and reporting results following such efforts. When the department, in accordance with §§ 4-3-1017 — 4-3-1019, makes recommendations for energy conservation measures in any building for which an energy audit, or other similar study, has been conducted, it is the duty of the department, institution, board or agency and the building superintendent or manager to implement these recommendations. Implementation shall occur as soon as is feasible, taking into account the nature of the recommendations and the availability of personnel for implementation. Any recommendation in conflict with health or building codes shall be superseded by such codes, and such conflict shall be reported to the department. Any recommendation requiring capital outlays for equipment, building modifications, or similar actions and for which there are no appropriated funds, shall be submitted by the department and the involved department, institution, board, commission or agency to the state building commission, with an estimate of savings that would result from implementation of such recommendations, the anticipated costs of implementation and a recommendation for action. Such submissions shall be made and shall pass through such intermediate steps as are required by the laws and regulations governing capital requests or building projects by such department, institution, board, commission or agency. After a recommendation has been implemented and in effect for a reasonable period of time, the effects and results of the implementation shall be reevaluated by the department, in cooperation with the designated building liaison. In reevaluating the recommendations, the department shall consider any hardship or inconvenience, either to affected workers or the public, caused by such recommendation, the actual, as opposed to estimated, savings effected by such recommendations, and such other factors as the department, the liaison persons or the involved department, institution or agency may consider important. After such reevaluation, any implemented recommendation may be modified or rescinded. The department shall report to the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives, or their successor committees, on the implementation of the plan, and on compliance therewith. Copies of these reports will be made available to interested agencies. Acts 1983, ch. 429, § 9; 1998, ch. 605, § 1; 1999, ch. 457, §§ 2, 3; 2007, ch. 72, §§ 2, 4; T.C.A. § 4-3-1108 ; Acts 2009, ch. 529, § 6; 2012, ch. 604, § 2; 2013, ch. 236, § 3. Compiler's Notes. Former § 4-3-1108 was transferred to this section by Acts 2007, ch. 72, § 4, effective July 1, 2007. Acts 2009, ch. 529, § 1 provided that the act shall be known and may be cited as the “Tennessee Clean Energy Future Act of 2009.” For the Preamble to the Tennessee Clean Energy Future Act of 2009, please refer to Acts 2009, ch. 529. Acts 2009, ch. 529, § 30 provided that the provisions of the act, which amended subsection (b), shall be subject to sunset review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, in 2014.