Sec. 12. (a) An improvement that is not causally connected to a conservation measure may be included in a guaranteed savings contract if:

(1) the total value of the improvement does not exceed fifteen percent (15%) of the total value of the guaranteed savings contract; and

Terms Used In Indiana Code 36-1-12.5-12

  • Contract: A legal written agreement that becomes binding when signed.
  • guaranteed savings contract: refers to a contract entered into under this chapter, in which a qualified provider enters into an agreement with the governing body to:

    Indiana Code 36-1-12.5-2

  • industry engineering standards: includes the following:

    Indiana Code 36-1-12.5-2.5

(2) either:

(A) the improvement is necessary to conform to a law, a rule, or an ordinance; or

(B) an analysis within the guaranteed savings contract demonstrates that:

(i) there is an economic advantage to the political subdivision in implementing an improvement as part of the guaranteed savings contract; and

(ii) the savings justification for the improvement is documented by industry engineering standards.

     (b) The information required under subsection (a) must be reported to the director of the department of local government finance.

As added by P.L.98-2002, SEC.9. Amended by P.L.1-2006, SEC.557; P.L.168-2006, SEC.20; P.L.109-2015, SEC.58; P.L.233-2015, SEC.332.