(1) For purposes of this part: (a) "Energy efficiency measures" means the same as that term is defined in Section 63A-5-701. (b) "Energy savings" means money not expended by a state agency as the result of energy efficiency measures. (c) "State agency" means the same as that term is defined in Section 63A-5-701.

(a) "Energy efficiency measures" means the same as that term is defined in Section 63A-5-701.

(b) "Energy savings" means money not expended by a state agency as the result of energy efficiency measures.

(c) "State agency" means the same as that term is defined in Section 63A-5-701.

(2) Except as provided under Subsection (4) and subject to future budget constraints, the Legislature may not remove energy savings from a state agency's appropriation.

(3) A state agency shall use energy savings to: (a) fund the cost of the energy efficiency measures; and (b) if funds are available after meeting the requirements of Subsection (3)(a), fund and implement new energy efficiency measures.

(a) fund the cost of the energy efficiency measures; and

(b) if funds are available after meeting the requirements of Subsection (3)(a), fund and implement new energy efficiency measures.

(4) The Legislature may remove energy savings if: (a) a state agency has complied with Subsection (3)(a); and (b) no cost effective new energy efficiency measure is available for implementation.

(a) a state agency has complied with Subsection (3)(a); and

(b) no cost effective new energy efficiency measure is available for implementation.

(5) A state agency may consult with the State Building Energy Efficiency Program manager in the Division of Facilities Construction and Management regarding: (a) the cost effectiveness of energy efficiency measures; and (b) ways to measure energy savings that take into account fluctuations in energy costs and temperature.

(a) the cost effectiveness of energy efficiency measures; and

(b) ways to measure energy savings that take into account fluctuations in energy costs and temperature.