|ENROLLED SENATE | |BILL NO. 668 By: Aldridge of the Senate | | | | and | | | | Banz and Scott of the | | House | | | | | | | | | | | | | | An Act relating to counties and county officers; | | enacting the Oklahoma Energy Independence Act; | | providing short title; authorizing the creation of | | County Energy District Authorities; providing for | | membership and procedures of authority; specifying | | duties of the trustees of an authority; making | | provisions applicable only to certain property; | | providing for repayment of loans; providing for liens | | on certain property; authorizing grants to nonprofit | | organizations for certain purposes; requiring energy | | audits under certain circumstances; amending 19 O.S. | | 2001, Section 1505, as last amended by Section 5, | | Chapter 132, O.S.L. 2007 (19 O.S. Supp. 2008, Section | | 1505), which relates to procedures for requisition; | | modifying dollar amount for disposal of certain | | equipment; providing for codification; and declaring | | an emergency. | | | | | | | | | |BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | | SECTION 1. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 460.1 of Title 19, unless there | |is created a duplication in numbering, reads as follows: | | | | This act shall be known and may be cited as the "Oklahoma Energy | |Independence Act". | | | | SECTION 2. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 460.2 of Title 19, unless there | |is created a duplication in numbering, reads as follows: | | | | | arsid4327814 ENR. S. B. NO. 668 Page 1 ___________________________________________________________________________
| A. The board of county commissioners of a county, by | |resolution, may establish a County Energy District Authority for the | |county. The authority shall be a public trust as provided for in | |Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes. | | | | B. The authority shall consist of five (5) trustees as follows: | | | | 1. The three county commissioners of the county; and | | | | 2. Two persons appointed by the board of county commissioners. | | | |The appointed members shall be residents of the county and shall not | |be elected officials. | | | | C. The chair of the board of county commissioners shall serve | |as chair of the authority. | | | | SECTION 3. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 460.3 of Title 19, unless there | |is created a duplication in numbering, reads as follows: | | | | The trustees of a County Energy District Authority shall | |establish a time and place for regular meetings and may hold such | |special meetings as may be required for the proper transaction of | |business. Three trustees shall constitute a quorum for the | |transaction of business and upon all questions requiring a vote of | |the trustees, there must be a concurrence of three trustees for | |approval. | | | | SECTION 4. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 460.4 of Title 19, unless there | |is created a duplication in numbering, reads as follows: | | | | The trustees of a County Energy District Authority shall: | | | | 1. Manage and conduct the business and affairs of the | |authority; | | | | 2. Make and execute all necessary contracts; | | | | 3. Secure funding through sources which may include: | | | | a. issuance of notes or bonds, | | | | b. public or private lenders, or | | | | c. grants or loans from other governmental entities when | | such funds are available; and | arsid4327814 ENR. S. B. NO. 668 Page 2 ___________________________________________________________________________
| | | 4. Authorize the county to make loans or grants between a | |willing and consenting property owner and the authority or a | |financial institution for the following purposes: | | | | a. to finance the installation of distributed generation | | renewable energy sources, | | | | b. to make energy efficient improvements or retrofits | | that are permanently affixed to residential, | | commercial, or industrial property, | | | | c. to conduct residential and commercial building energy | | audits, and | | | | d. to establish financial incentive programs for energy | | efficient improvements. | | | | SECTION 5. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 460.5 of Title 19, unless there | |is created a duplication in numbering, reads as follows: | | | | A. The Oklahoma Energy Independence Act shall apply to | |developed property on which property taxes are paid and on which the | |owners of the property are current in the payment of the property | |taxes. | | | | B. Unless other repayment arrangements are agreed to, the | |repayment of any loan made pursuant to the Oklahoma Energy | |Independence Act shall be in the same manner and at the same time as | |property taxes are paid. | | | | C. Any loan made pursuant to the Oklahoma Energy Independence | |Act shall constitute a lien on the property which is the subject of | |the loan. | | | | D. Only appliances or improvements that are permanently affixed | |to the property shall be eligible for financing pursuant to the | |Oklahoma Energy Independence Act. | | | | SECTION 6. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 460.6 of Title 19, unless there | |is created a duplication in numbering, reads as follows: | | | | A County Energy District Authority may make grants to nonprofit | |organizations to perform energy efficiency retrofits on tax exempt | |property. | | | arsid4327814 ENR. S. B. NO. 668 Page 3 ___________________________________________________________________________
| SECTION 7. NEW LAW A new section of law to be codified | |in the Oklahoma Statutes as Section 460.7 of Title 19, unless there | |is created a duplication in numbering, reads as follows: | | | | County Energy District Authorities shall require that those | |property owners participating in the program have an energy audit | |conducted on the property to be improved to demonstrate the value of | |the project and that the improvements at a minimum meet "Energy | |Star" ratings. | | | | SECTION 8. AMENDATORY 19 O.S. 2001, Section 1505, as | |last amended by Section 5, Chapter 132, O.S.L. 2007 (19 O.S. Supp. | |2008, Section 1505), is amended to read as follows: | | | | Section 1505. The following procedures shall be used by | |counties for the requisition, purchase, lease-purchase, rental, and | |receipt of supplies, materials, and equipment for the maintenance, | |operation, and capital expenditures of county government unless | |otherwise provided for by law. | | | | A. The procedure for requisitioning items for county offices | |shall be as follows: | | | | 1. The requesting department shall prepare a requisition form | |in triplicate. The requisition shall contain any specifications for | |an item as deemed necessary by the requesting department. The form | |shall be prescribed by the State Auditor and Inspector; | | | | 2. The requesting department shall retain a copy of the | |requisition and forward the original requisition and a copy to the | |county purchasing agent; and | | | | 3. Upon receipt of the requisition, the county purchasing | |agent, within two (2) working days, shall begin the bidding and | |purchasing process as provided for in this section. Nothing in this | |section shall prohibit the transfer of supplies, materials, or | |equipment between county departments upon a written agreement | |between county officers. | | | | B. The bid procedure for selecting a vendor for the purchase, | |lease-purchase, or rental of supplies, materials, and equipment used | |by a county shall be as follows: | | | | 1. The county purchasing agent shall request written | |recommendations from all county officers pertaining to commonly used | |supplies, materials, and equipment. From such recommendations and | |available requisition, purchase, or inventory records, the county | |purchasing agent shall prepare a list of items commonly used by | arsid4327814 ENR. S. B. NO. 668 Page 4 ___________________________________________________________________________
|county officers. The county purchasing agent shall request from the | |Purchasing Division of the Department of Central Services all | |contracts quoting the price the state is paying for the items. The | |county purchasing agent shall either request the Purchasing Division | |of the Department of Central Services to make the purchase for the | |county or solicit bids for unit prices on the items for periods of | |not to exceed twelve (12) months in the manner described in | |paragraph 2 of this subsection. If the county purchasing agent | |receives a requisition for an item for which the county purchasing | |agent does not have a current bid, the county purchasing agent shall | |request from the Purchasing Division of the Department of Central | |Services all contracts quoting the price the state is paying for the | |item. The county purchasing agent shall either request the | |Purchasing Division of the Department of Central Services to make | |the purchase for the county or solicit bids in the manner described | |in paragraph 2 of this subsection. Nothing in this paragraph shall | |prohibit bids from being taken on an item currently on a | |twelve-month bid list, at any time deemed necessary by the county | |purchasing agent. Whenever the county purchasing agent deems it | |necessary to take a bid on an item currently on a twelve-month bid | |list, the reason for the bid shall be entered into the minutes of | |the board of county commissioners; | | | | 2. Bids shall be solicited by mailing a notice to all persons | |or firms who have made a written request of the county purchasing | |agent that they be notified of such bid solicitation and to all | |other persons or firms who might reasonably be expected to submit | |bids. Notice of solicitation of bids shall also be published one | |time in a newspaper of general circulation in the county. Notices | |shall be mailed and published at least ten (10) days prior to the | |date on which the bids are opened. Proof of the mailing shall be | |made by the affidavit of the person mailing the request for bids and | |shall be made a part of the official records of the county | |purchasing agent. Whenever any prospective supplier or vendor | |dealing in or listing for sale any particular item or article | |required to be purchased or acquired by sealed bids fails to enter | |or offer a sealed bid for three successive bid solicitations, the | |name of the supplier or vendor may be dropped from the mailing lists | |of the board of county commissioners; | | | | 3. The sealed bids received from vendors and the state contract | |price received from the Purchasing Division of the Department of | |Central Services shall be given to the county clerk by the county | |purchasing agent. The county clerk shall forward the sealed bids | |and state contract price, if any, to the board of county | |commissioners; | | | | | arsid4327814 ENR. S. B. NO. 668 Page 5 ___________________________________________________________________________
| 4. The board of county commissioners, in an open meeting, shall | |open the sealed bids and compare them to the state contract price. | |The board of county commissioners shall select the lowest and best | |bid based upon the availability of material and transportation cost | |to the job site within thirty (30) days of the meeting. For any | |special item not included on the list of commonly used items, the | |requisitioning official shall review the bids and submit a written | |recommendation to the board before final approval. The board of | |county commissioners shall keep a written record of the meeting as | |required by law, and any time the lowest bid was not considered to | |be the lowest and best bid, the reason for such conclusion shall be | |recorded. Whenever the board of county commissioners rejects the | |written recommendation of the requisitioning official pertaining to | |a special item, the reasons for the rejection shall be entered in | |their minutes and stated in a letter to the requisitioning official | |and county purchasing agent; | | | | 5. The county purchasing agent shall notify the successful | |bidders and shall maintain a copy of the notification. The county | |purchasing agent shall prepare and maintain a vendors list | |specifying the successful bidders and shall notify each county | |officer of the list. The county purchasing agent may remove any | |vendor from such list who refuses to provide goods or services as | |provided by contract if the removal is authorized by the board of | |county commissioners. The county purchasing agent may make | |purchases from the successful bidders for a price at or below the | |bid price. If a vendor who is the low bidder cannot or will not | |sell goods or services as required by a county bid contract, the | |county purchasing agent may purchase from the next low bidder or | |take quotations as provided in paragraph 6 of this subsection, | |provided, however, such purchase does not exceed Five Thousand | |Dollars ($5,000.00); and | | | | 6. When bids have been solicited as provided for by law and no | |bids have been received, the procedure shall be as follows: | | | | a. the county purchasing agent shall determine if | | potential vendors are willing to commit to a firm | | price for a reduced period of time, and, if such is | | the case, the bid procedure described in this | | subsection shall be followed, or | | | | b. if vendors are not willing to commit to a firm price | | for a reduced period, the purchasing agent shall | | solicit and record at least three quotes of current | | prices available to the county and authorize the | | purchase of goods based on the lowest and best quote | | as it becomes necessary to acquire such goods. The | arsid4327814 ENR. S. B. NO. 668 Page 6 ___________________________________________________________________________
| quotes shall be recorded on a form prescribed by the | | State Auditor and Inspector and shall be attached to | | the purchase order and filed with the county clerk's | | copy of the purchase order. Any time the lowest quote | | was not considered to be the lowest and best quote, | | the reason for this conclusion shall be recorded by | | the county purchasing agent and transmitted to the | | county clerk, or | | | | c. if three quotes are not available, a memorandum to the | | county clerk from the county purchasing agent shall | | describe the basis upon which a purchase is | | authorized. The memorandum shall state the reasons | | why the price for such a purchase is the lowest and | | best under the circumstances. The county clerk shall | | then attach the memorandum to the county clerk's copy | | of the purchase order and file both in the office of | | the county clerk. | | | | C. After selection of a vendor, the procedure for the purchase, | |lease-purchase, or rental of supplies, materials, and equipment used | |by a county shall be as follows: | | | | 1. The county purchasing agent shall prepare a purchase order | |in quadruplicate and submit it with a copy of the requisition to the | |county clerk; | | | | 2. The county clerk shall then encumber the amount stated on | |the purchase order and assign a sequential number to the purchase | |order; | | | | 3. If there is an unencumbered balance in the appropriation | |made for that purpose by the county excise board, the county clerk | |shall so certify in the following form: | | | | I hereby certify that the amount of this encumbrance has been | |entered against the designated appropriation accounts and that this | |encumbrance is within the authorized available balance of said | |appropriation. | | | | Dated this ________ day of ________, 20__. | | | | ________________________________ | | | | County Clerk/Deputy | | | | of _____________________ County. | | | arsid4327814 ENR. S. B. NO. 668 Page 7 ___________________________________________________________________________
|In instances where it is impossible to ascertain the exact amount of | |the indebtedness sought to be incurred at the time of recording the | |encumbrance, an estimated amount may be used. No purchase order | |shall be valid unless signed by the county purchasing agent and | |certified by the county clerk; and | | | | 4. The county clerk shall file a copy of the purchase order and | |return the original purchase order and two copies to the county | |purchasing agent who shall file a copy, retain the other copy for | |the county road and bridge inventory officer if the purchase order | |is for the purchase of equipment, supplies, or materials for the | |construction or maintenance of roads and bridges, and submit the | |original purchase order to the receiving officer of the requesting | |department. | | | | D. 1. The procedure for the purchase of supplies, materials, | |and equipment at public auction or by sealed bid to be used by a | |county shall be as follows: | | | | a. the county purchasing agent shall prepare a purchase | | order in quadruplicate and submit it with a copy of | | the requisition to the county clerk, | | | | b. the county clerk shall then encumber the amount stated | | on the purchase order and assign a sequential number | | to the purchase order, | | | | c. if there is an unencumbered balance in the | | appropriation made for that purpose by the county | | excise board, the county clerk shall so certify in the | | following form: | | | | I hereby certify that the amount of this encumbrance | | has been entered against the designated appropriation | | accounts and that this encumbrance is within the | | authorized available balance of said appropriation. | | | | Dated this ________ day of ________, 20__. | | | | ________________________________ | | | | County Clerk/Deputy | | | | of _____________________ County. | | | | In instances where it is impossible to ascertain the | | exact amount of the indebtedness sought to be incurred | | at the time of recording the encumbrance, an estimated | arsid4327814 ENR. S. B. NO. 668 Page 8 ___________________________________________________________________________
| amount may be used. No purchase order shall be valid | | unless signed by the county purchasing agent and | | certified by the county clerk, and | | | | d. the county clerk shall file a copy of the purchase | | order and return the original purchase order and two | | copies to the county purchasing agent who shall file a | | copy, retain the other copy for the county road and | | bridge inventory officer if the purchase order is for | | the purchase of equipment, supplies, or materials for | | the construction or maintenance of roads and bridges, | | and submit the original purchase order to the | | receiving officer of the requesting department. | | | | 2. The procedure for the purchase of supplies, materials and | |equipment at a public auction when the purchase will be made with | |the proceeds from the sale of county property at the same public | |auction are as follows: | | | | a. the purchasing agent shall cause such items being sold | | to be appraised in the manner determined in Section | | 421.1 of this title, | | | | b. the county purchasing agent shall prepare a purchase | | order in quadruplicate and submit it with a copy of | | the requisition to the county clerk, | | | | c. the county clerk shall then encumber the amount of the | | appraised value and any additional funds obligated by | | the county on the purchase order and assign a | | sequential number to the purchase order, | | | | d. the county clerk shall certify that the amount of the | | encumbrance is equal to the appraised value of the | | item being sold plus any additional funds obligated by | | the county. In effect the recording of the | | encumbrance is an estimate that is authorized by law. | | No purchase order shall be valid unless signed by the | | county purchasing agent and certified by the county | | clerk, | | | | e. the county clerk shall file a copy of the purchase | | order and return the original purchase order and two | | copies to the county purchasing agent who shall file a | | copy, retain a copy for the county road and bridge | | inventory officer if the purchase order is for the | | purchase of equipment, supplies or materials for the | | construction or maintenance of roads and bridges, and | arsid4327814 ENR. S. B. NO. 668 Page 9 ___________________________________________________________________________
| submit the original purchase order to the receiving | | officer of the requesting department, and | | | | f. a purchase shall not be bid until such time that the | | appraised item or items are sold. Any item or items | | purchased shall not exceed the appraised value plus | | any additional funds obligated by the county or the | | actual selling price of the item or items, whichever | | is the lesser amount. | | | | E. The procedure for the receipt of items shall be as follows: | | | | 1. A receiving officer for the requesting department shall be | |responsible for receiving all items delivered to that department; | | | | 2. Upon the delivery of an item, the receiving officer shall | |determine if a purchase order exists for the item being delivered; | | | | 3. If no such purchase order has been provided, the receiving | |officer shall refuse delivery of the item; | | | | 4. If a purchase order is on file, the receiving officer shall | |obtain a delivery ticket, bill of lading, or other delivery document | |and compare it with the purchase order. If any item is back | |ordered, the back order and estimated date of delivery shall be | |noted in the receiving report; | | | | 5. The receiving officer shall complete a receiving report in | |quadruplicate which shall state the quantity and quality of goods | |delivered. The receiving report form shall be prescribed by the | |State Auditor and Inspector. The person delivering the goods shall | |acknowledge the delivery by signature, noting the date and time; | | | | 6. The receiving officer shall file the original receiving | |report and submit: | | | | a. the original purchase order and a copy of the | | receiving report to the county purchasing agent, and | | | | b. a copy of the receiving report with the delivery | | documentation to the county clerk; | | | | 7. The county purchasing agent shall file the original purchase | |order and a copy of the receiving report; | | | | 8. Upon receipt of the original receiving report and the | |delivery documentation, the county clerk shall maintain a file until | |such time as an invoice is received from the vendor; | arsid4327814 ENR. S. B. NO. 668 Page 10 ___________________________________________________________________________
| | | 9. The invoice shall state the name and address of the vendor | |and must be sufficiently itemized to clearly describe each item | |purchased, the unit price when applicable, the number or volume of | |each item purchased, the total price, the total purchase price, and | |the date of the purchase; | | | | 10. Upon receipt of an invoice, the county clerk shall compare | |the following documents: | | | | a. requisition, | | | | b. purchase order, | | | | c. invoice with noncollusion affidavit as required by | | law, | | | | d. receiving report, and | | | | e. delivery document. | | | |The documents shall be available for public inspection during | |regular business hours; and | | | | 11. If the documents conform as to the quantity and quality of | |the items, the county clerk shall prepare a warrant for payment | |according to procedures provided for by law. | | | | F. The following procedures are for the processing of purchase | |orders: | | | | 1. Purchase orders may be allowed and paid at the first meeting | |of the board of county commissioners five (5) days after | |presentation for payment, provided that purchase orders for the | |salaries of the county officers and their full-time assistants, | |deputies and employees may be allowed and paid immediately after | |filing; | | | | 2. The board of county commissioners shall consider the | |purchase orders so presented and act upon the purchase orders, by | |allowing in full or in part or by holding for further information or | |disallowing the same. The disposition of purchase orders shall be | |indicated by the board of county commissioners, showing the amounts | |allowed or disallowed and shall be signed by at least two members of | |the board of county commissioners. Any claim held over for further | |information shall be acted upon by allowing or disallowing same at | |any future meeting of the board held within seventy-five (75) days | |from the date of filing of the purchase order. Any purchase order | arsid4327814 ENR. S. B. NO. 668 Page 11 ___________________________________________________________________________
|not acted upon within the seventy-five (75) days from the date of | |filing shall be deemed to have been disallowed, but such | |disallowance shall not prevent the refiling of the purchase order at | |the proper time; and | | | | 3. Whenever any allowance, either in whole or in part, is made | |upon any purchase order presented to the board of county | |commissioners and is accepted by the person making the claim, such | |allowance shall be a full settlement of the entire purchase order | |and provided that the cashing of warrant shall be considered as | |acceptance by the claimant. | | | | G. The procedure upon consumption or disposal of supplies, | |materials, or equipment shall be as follows: | | | | 1. For consumable road or bridge items or materials, a monthly | |report of the road and bridge projects completed during such period | |shall be prepared and kept on file by the consuming department. The | |report shall contain a record of the date, the place, and the | |purpose for the use of the road or bridge items or materials. For | |purposes of identifying county bridges, the board of county | |commissioners shall number each bridge subject to its jurisdiction; | |and | | | | 2. For disposal of all equipment which originally cost more | |thanTwo Hundred Fifty Dollars ($250.00)Five Hundred Dollars | |($500.00), resolution of disposal shall be submitted by the officer | |on a form prescribed by the State Auditor and Inspector's Office to | |the board of county commissioners. The approval of the resolution | |of disposal shall be entered into the minutes of the board. | | | | H. Inventory forms and reports shall be retained for not less | |than two (2) years after all audit requirements for the state and | |federal government have been fulfilled and after any pending | |litigation involving the forms and reports has been resolved. | | | | I. The procedures provided for in this section shall not apply | |when a county officer certifies that an emergency exists requiring | |an immediate expenditure of funds. Such an expenditure of funds | |shall not exceed Five Thousand Dollars ($5,000.00). The county | |officer shall give the county purchasing agent a written explanation | |of the emergency. The county purchasing agent shall attach the | |written explanation to the purchase order. The purchases shall be | |paid by attaching a properly itemized invoice, as described in this | |section, to a purchase order which has been prepared by the county | |purchasing agent and submitting them to the county clerk for filing, | |encumbering, and consideration for payment by the board of county | |commissioners. | arsid4327814 ENR. S. B. NO. 668 Page 12 ___________________________________________________________________________
| | | SECTION 9. It being immediately necessary for the preservation | |of the public peace, health and safety, an emergency is hereby | |declared to exist, by reason whereof this act shall take effect and | |be in full force from and after its passage and approval. | | | | Passed the Senate the 11th day of March, 2009. | | | | | | | | Presiding Officer of the Senate | | | | | | Passed the House of Representatives the 21st day of April, 2009. | | | | | | | | Presiding Officer of the House | | of Representatives | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | arsid4327814 ENR. S. B. NO. 668 Page 13©2008-09 eCapitol, LLC. All rights reserved.
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