As used in this part 20, unless the context
otherwise requires:
(1) Energy cost-savings contract means a utility cost-savings contract or a
vehicle fleet operational and fuel cost-savings contract.
(1.3) Energy cost-savings measure means a utility cost-savings measure or
a vehicle fleet operational and fuel cost-savings measure.
(1.5) Energy performance contract means a contract for evaluations,
recommendations, or implementation of one or more energy cost-savings measures
designed to produce utility cost savings, operation and maintenance cost savings,
or vehicle fleet operational and fuel cost savings, which contract:
(a) Sets forth savings attributable to the calculated energy cost savings or
operation and maintenance cost savings for each year during the contract period;
(b) Provides that the amount of actual savings for each year during the
contract period shall exceed annual contract payments, including maintenance
costs, to be made during such year by the state agency contracting for the energy
cost-savings measures; except that, for the purposes of this part 20 only, the term
annual contract payments does not include moneys received by the state from
rebates, gifts, grants, or donations specifically designated by the gifting, granting,
or donating party for the design or implementation of an energy cost-savings
measure or state moneys that have been specifically appropriated in a distinct line
item, or, in the case of the department of transportation, otherwise set aside in the
department's budget, for the design or implementation of an energy cost-savings
measure that is wholly addressed within the scope of the energy cost-savings
contract;
(c) Requires the party entering into the energy performance contract with
the state agency to provide a written guarantee that the sum of energy cost
savings and operation and maintenance cost savings for each year during the first
three years of the contract period shall not be less than the calculated savings for
that year described in paragraph (a) of this subsection (1.5); and
(d) Requires payments by a state agency to be made within twelve years
after the date of the execution of the contract; except that the maximum term of
the payments shall be less than the cost-weighted average useful life of energy
cost-savings equipment for which the contract is made, not to exceed twenty-five
years.
(2) Operation and maintenance cost savings means a measurable decrease
in operation and maintenance costs that is a direct result of the implementation of
one or more utility cost-savings measures or one or more vehicle fleet operational
and fuel cost-savings measures. Such savings shall be calculated in comparison
with an established baseline of operation and maintenance costs.
(3) Shared-savings contract means a contract for one or more energy cost-savings measures that do not involve capital equipment projects, which contract:
(a) Provides that all payments to be made by the state agency contracting
for the energy cost-savings measures shall be a stated percentage of calculated
savings of energy costs attributable to such measures over a defined period of time
and that such payments shall be made only to the extent that such savings occur;
except that this paragraph (a) shall not apply to payments for maintenance and
repairs and obligations on termination of the contract prior to its expiration;
(b) Provides for an initial contract period of no longer than ten years; and
(c) Requires no additional capital investment or contribution of funds.
(4) State agency means a department or institution of this state, including
institutions of higher education.
(5) Utility cost savings means:
(a) A cost savings caused by a reduction in metered or measured physical
quantities of a bulk fuel or utility resulting from the implementation of one or more
energy conservation measures when compared with an established baseline of
usage; or
(b) A decrease in utility costs as a result of changes in applicable utility rates
or utility service suppliers. The savings shall be calculated in comparison with an
established baseline of utility costs.
(6) Utility cost-savings contract means an energy performance contract or
a shared-savings contract or any other agreement in which utility cost savings are
used to pay for services or equipment.
(7) Utility cost-savings measure means any installation, modification, or
service that is designed to reduce energy consumption and related operating costs
in buildings and other facilities and includes, but is not limited to, the following:
(a) Insulation in walls, roofs, floors, and foundations and in heating and
cooling distribution systems;
(b) Heating, ventilating, or air conditioning and distribution system
modifications or replacements in buildings or central plants;
(c) Automatic energy control systems;
(d) Replacement or modification of lighting fixtures;
(e) Energy recovery systems;
(f) Renewable energy and alternate energy systems;
(g) Cogeneration systems that produce steam or forms of energy, such as
heat or electricity, for use primarily within a building or complex of buildings;
(h) Devices that reduce water consumption or sewer charges;
(i) Changes in operation and maintenance practices;
(j) Procurement of low-cost energy supplies of all types, including
electricity, natural gas, and other fuel sources, and water;
(k) Indoor air quality improvements that conform to applicable building code
requirements;
(l) Daylighting systems;
(m) Building operation programs that reduce utility and operating costs
including, but not limited to, computerized energy management and consumption
tracking programs, staff and occupant training, and other similar activities;
(n) Services to reduce utility costs by identifying utility errors and optimizing
existing rate schedules under which service is provided; and
(o) Any other location, orientation, or design choice related to, or installation,
modification of installation, or remodeling of, building infrastructure improvements
that produce utility or operational cost savings for their appointed functions in
compliance with applicable state and local building codes.
(8) Vehicle fleet operational and fuel cost savings means a measurable
decrease in the operation and maintenance costs of state vehicles that is
associated with fuel or maintenance based on higher efficiency ratings or
alternative fueling methods, including but not limited to savings from the reduction
in maintenance requirements and a reduction in or the elimination of projected fuel
purchase expenses as a direct result of investment in higher efficiency or
alternative fuel vehicles or vehicle or charging infrastructure.
(9) Vehicle fleet operational and fuel cost-savings contract means an
energy performance contract or shared-savings contract or any other agreement in
which vehicle fleet operational and fuel cost savings are used to pay for the cost of
the vehicle or associated capital investments.
(10) Vehicle fleet operational and fuel cost-savings measure means any
installation, modification, or service that is designed to reduce energy consumption
and related operating costs in vehicles and includes, but is not limited to, the
following:
(a) Vehicle purchase or lease costs either in full or in part;
(b) Charging or fueling infrastructure to appropriately charge or fuel
alternative fuel vehicles included in an energy cost-savings contract.