8.238.  Energy efficiency implementation — deposits into administrative trust fund — annual report, contents — authority of office of administration, rulemaking. — 1.  This section shall be known as the "Energy Efficiency Implementation Act".

  2.  The office of administration shall identify and cause to be deposited into the office of administration revolving "Administrative Trust Fund" created in section 37.005 no more than two and one-half percent of the total cost savings realized as a result of implementing sections 8.231 to 8.237.  "Cost savings" shall be defined as expenses eliminated and future replacement expenditures avoided as a direct result of implementing sections 8.231 to 8.237.  The percentage of cost savings and the means of calculating such cost savings shall be determined by the commissioner of administration or his designated agent and shall be set forth in the performance contract.

  3.  At least annually, a report shall be prepared and forwarded to the governor, the speaker of the house of representatives and the president pro tem of the senate outlining the cost savings identified by the office of administration pursuant to subsection 2 of this section.

  4.  In order to advise the governor, and consistent with this section, the office of administration shall have authority to:

  (1)  Establish policies and procedures for facility management and valuation;

  (2)  Coordinate a state facility review;

  (3)  Implement a capital improvement plan;

  (4)  Solicit and evaluate state facility investment proposals;

  (5)  Establish performance measures for facility management operations; and

  (6)  Prepare annual reports and plans concerning operation savings.

  5.  Subject to appropriation from the general assembly, the office of administration may expend the cost savings and the interest thereon, if any, at such time or times as are necessary to offset all reasonable costs associated with the implementation of sections 8.231 to 8.237.

  6.  The provisions of section 33.080 requiring the transfer of unexpended funds to the general revenue fund of the state shall not apply to funds identified and not otherwise expended for the implementation of this section.

  7.  The office of administration shall have the authority, pursuant to chapter 536^*, to promulgate rules regarding the implementation of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.