(a)Upon receipt of a request from a facility owner, the
Wyoming business council shall provide the facility owner with a
list of energy service companies interested in providing
services to the facility owner and qualified by the Wyoming
business council to participate in the Wyoming energy
conservation improvement program.
(b)The energy services company participating in the
Wyoming energy conservation improvement program shall provide an
investment grade audit showing the estimated energy and
operational cost savings that would result from the proposed
energy conservation measures. Before executing any contract or
lease purchase agreement under subsection (c) of this section,
the energy services company shall provide the facility owner
with plans for the proposed energy conservation mea
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(a) Upon receipt of a request from a facility owner, the
Wyoming business council shall provide the facility owner with a
list of energy service companies interested in providing
services to the facility owner and qualified by the Wyoming
business council to participate in the Wyoming energy
conservation improvement program.
(b) The energy services company participating in the
Wyoming energy conservation improvement program shall provide an
investment grade audit showing the estimated energy and
operational cost savings that would result from the proposed
energy conservation measures. Before executing any contract or
lease purchase agreement under subsection (c) of this section,
the energy services company shall provide the facility owner
with plans for the proposed energy conservation measures
prepared by an engineer licensed to practice in Wyoming.
(c) Notwithstanding W.S. 15-1-113 and subject to the
provisions of subsection (e) of this section, a facility owner
may enter into an installment payment contract or lease purchase
agreement for an energy or water conservation measure which
meets the criteria of this section. Any documents related to
negotiations entered into pursuant to this section with
individual energy services companies by an agency or facility
owner shall be considered trade secrets pursuant to the
provisions of the Wyoming Public Records Act, W.S. 16-4-201
through 16-4-205. After a contract has been executed by an
agency, the contract and all proposals from energy service
companies shall be open records available for public inspection
in accordance with the Wyoming Public Records Act.
(d) Energy performance contracts entered into pursuant to
the Wyoming energy conservation improvement program shall
require the energy services company to provide to the facility
owner an annual reconciliation of the guaranteed energy savings.
If the reconciliation reveals a shortfall in annual energy
savings, the energy services company shall be liable for
compensation to the facility owner for such shortfall under the
provisions of the energy performance contract. If the
reconciliation reveals an excess in annual energy savings, the
excess savings shall be retained by the facility owner and shall
not be used to cover potential energy savings shortages in
subsequent contract years.
(e) An energy performance contract entered into pursuant
to the Wyoming energy conservation improvement program may
provide for financing, including tax exempt financing, by a
third party. The contract for third party financing may be
separate from the energy performance contract. A separate
contract for third party financing shall include a provision
that the third party financier shall not be granted rights or
privileges that exceed the rights and privileges available to
the energy services company.
(f) The Wyoming business council may provide support under
the Wyoming energy conservation improvement program as requested
by facility owners for purposes of this section. The Wyoming
business council state energy office may fix, charge and collect
reasonable fees for any administrative support and resources or
other services provided by the Wyoming business council pursuant
to this subsection.
(g) If the facility owner fails to appropriate or receive
an appropriation of money for a periodic payment due for
improvements made through an energy performance contract, any
security interest in any property created pursuant to the energy
performance contract, may be enforced by the holder of such a
security interest against the property.
(h) The term of an energy performance contract shall not
exceed twenty (20) years after the date on which the work
required by the energy performance contract to implement all
energy conservation measures is completed.
(j) The Wyoming business council shall submit to the joint
minerals, business and economic development interim committee by
October 1, an annual report on the energy performance
contracting performed under the Wyoming energy conservation
improvement program. The report shall include the number of
applications submitted, the number of facility owners, the
number of energy performance contracts, the results of the
investment grade energy audits and the results of the energy
performance contracts.