§ 63A-5-602. Appropriation for energy efficiency measures.

(1) For purposes of this part:

(a) "Energy efficiency measures" is as 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" is as 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.

(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.

(5) A state agency may consult with the State Building Energy Efficiency Program manager in the Division of Facilities and Construction 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.

Enacted by Chapter 334, 2008 General Session