As used in the Public Facility Energy Efficiency and Water Conservation Act:

A. "conservation-related cost savings" means cost savings, other than utility cost savings, in the operating budget of a governmental unit that are a direct result of energy or water conservation measures implemented pursuant to a guaranteed utility savings contract;

B. "energy conservation measure" means a training program or a modification to a facility, including buildings, systems or vehicles, that is designed to reduce energy consumption or conservation-related operating costs and may include:

(1) insulation of the building structure or systems within the building;

(2) storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area or other window and door system modifications that reduce energy consumption;

(3) automated or computerized energy control systems;

(4) heating, ventilating or air conditioning system modifications or replacements;

(5) replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code or nationally accepted standards for the lighting system after the proposed modifications are made;

(6) energy recovery systems;

(7) solar energy generating or heating and cooling systems or other renewable energy systems;

(8) cogeneration or combined heat and power systems that produce steam, chilled water or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;

(9) energy conservation measures that provide long-term operating cost reductions;

(10) maintenance and operation management systems that provide long-term operating cost reductions;

(11) traffic control systems; or

(12) alternative fuel options or accessories for vehicles;

C. "governmental unit" means an agency, political subdivision, institution or instrumentality of the state, including two- and four-year institutions of higher education, a municipality, a county or a school district;

D. "guaranteed utility savings contract" means a contract for the evaluation and recommendation of energy or water conservation measures and for the implementation of one or more of those measures, and which contract provides that all payments, except obligations on termination of the contract before its expiration, are to be made over time and the savings are guaranteed to the extent necessary to make the payments for the conservation measures;

E. "qualified provider" means a person experienced in the design, implementation and installation of energy or water conservation measures and who meets the experience qualifications developed by the energy, minerals and natural resources department for energy conservation measures or the office of the state engineer for water conservation measures;

F. "utility cost savings" means the amounts saved by a governmental unit in the purchase of energy or water that are a direct result of energy or water conservation measures implemented pursuant to a guaranteed utility savings contract; and

G. "water conservation measures" means a training program, change in maintenance practices or facility or landscape alteration designed to reduce water consumption or conservation-related operating costs.

History: Laws 1993, ch. 231, § 2; 1997, ch. 42, § 2; 2001, ch. 247, § 2; 2009, ch. 138, § 1.

The 2009 amendment, effective July 1, 2009, in Subsection B(7), after "solar", added "energy generating or".

The 2001 amendment, effective June 15, 2001, substituted "Facility" for "Building" in the introductory language; added Subsections A and F and redesignated the remaining subsections accordingly; in Subsection B, substituted "a modification to a facility, including buildings, systems or vehicles that is" for "facility alteration" in the introductory paragraph, inserted "or nationally accepted standards" in Paragraph (5); in Paragraph (8) inserted "or combined heat and power" and "chilled water", and added Paragraphs (10), (11) and (12); substituted "payments for the conservation measures" for "payments for the energy or water conservation measures, or both" in Subsection D; and in Subsection E, deleted "or business" following "a person" and deleted "or both" following "conservation measures".

The 1997 amendment, effective June 20, 1997, inserted "and Water Conservation" in the introductory language; inserted "conservation-related" in the introductory language of Subsection A; inserted "including two- and four- year institutions of higher education" in Subsection B; in Subsection C, substituted "utility" for "energy", inserted "or water" in two places, and inserted "or both," in two places; in Subsection D, inserted "or water", inserted "or both," and added the language beginning "for energy conservation" at the end of the subsection; and added Subsection E.