§ 11-44-102. Definitions.

     As used in this chapter:

(1) "Cost savings" means a decrease in an expenditure, including a future replacement expenditure, by a political subdivision resulting from an energy efficiency measure adopted under this chapter.

(2)

(a) "Energy efficiency measure" means an action taken by a political subdivision that reduces the political subdivision's:

(i) energy consumption;

(ii) water use; or

(iii) sewage use.

(b) "Energy efficiency measure" includes:

(i) insulation installed in a wall, roof, floor, foundation, or heating and cooling distribution system;

(ii) a storm window or door, multiglazed window or door, heat absorbing or heat reflective glazed and coated window or door system, additional glazing, or reduction in glass area;

(iii) an automatic energy control system;

(iv) a heating, ventilating, or air conditioning and distribution system modification or replacement in a facility;

(v) caulking and weatherstripping;

(vi) a replacement or modification of a lighting fixture to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility unless the increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;

(vii) an energy recovery system;

(viii) a cogeneration system that produces steam or another form of energy for use primarily within a facility;

(ix) a renewable energy or alternate energy system;

(x) a change in operation or maintenance practice;

(xi) a procurement of a low-cost energy supply, including electricity, natural gas, or water;

(xii) an indoor air quality improvement that conforms to applicable building code requirements;

(xiii) a daylighting system;

(xiv) a building operation program that provides cost savings, including computerized energy management and consumption tracking programs or staff and occupant training; or

(xv) a service to reduce utility costs by identifying utility errors and optimizing rate schedules.

(3) "Energy savings agreement" means a contract between a political subdivision and a qualified energy service provider for evaluation, recommendation, and implementation of one or more energy efficiency measures.

(4)

(a) "Facility" means a building, structure, or other improvement that is constructed on property owned by a political subdivision.

(b) "Facility" does not mean a privately owned structure that is located on property owned by a political subdivision.

(5) "Facility energy efficiency program" means a program established by a political subdivision under this chapter to adopt an energy efficiency measure.

(6) "Qualified energy service provider" means a person who:

(a) has a record of successful energy savings agreements; or

(b) has:

(i) experience in the design, implementation, and installation of energy efficiency measures;

(ii) technical capabilities to ensure that an energy efficient measure generates cost savings; and

(iii) the ability to secure the financing necessary to support the proposed energy efficiency measure.

Enacted by Chapter 244, 2010 General Session