§ 9-12-1201 — Definitions

(a) As used in this article:
(i) "Agency" means a branch, agency, department,
board, instrumentality or institution of the state of Wyoming, a
county, a municipal corporation, a school district, a community
college district, the University of Wyoming, the cooperative
tribal governing body, the Eastern Shoshone Tribe, the Northern
Arapaho Tribe, a joint powers board formed pursuant to this act
or a special district specifically involved in providing
facilities or functions enumerated in W.S. 16-1-104(c);
(ii) "Energy conservation measure" means an energy
study, audit, improvement or equipment that is designed to
provide energy, water and operational cost savings at least
equivalent to the amount expended by a facility owner for such
energy study, audit, improvement or equipment over a period of
not more than twenty (20) years after the date such improvement
or equipment is installed or becomes operational;
(iii) "Energy performance contract" means the
contract that allows a facility owner to accomplish energy or
water efficiency projects without upfront capital costs or
capital appropriations. An energy performance contract shall
not be considered to be a contract for public improvement
pursuant to W.S. 15-1-113;
(iv) "Energy services company" means the contractor
not organized under the auspices of a utility regulated by the
public service commission with demonstrated technical,
operational, financial and managerial capabilities to design and
implement energy conservation measures and the ability to secure
necessary financial measures to ensure related guarantees for
operational cost savings and who is responsible for the audit,
design, implementation, measurement, verification and guarantee
of savings for individual projects;
(v) "Facility owner" means an agency or group of
agencies, a public hospital or other public entity responsible
for an individual facility or group of facilities;
(vi) "Investment grade energy audit" means the
detailed engineering investigation and report of a facility's
current energy and water consuming equipment inventory,
condition, operation, maintenance and performance, energy
baseline, potential energy and water efficiency upgrades, life
cycle costs and risks for future performance that provides the
justification for the energy performance contract project;
(vii) "Wyoming energy conservation improvement
program" means the Wyoming business council state energy office
program designed to enable and support development and
implementation of energy performance contract projects.