Montana Code 90-4-1113. Investment-grade energy audits
90-4-1113. Investment-grade energy audits. (1) The qualified energy service provider selected by a governmental entity in accordance with 90-4-1112 shall prepare an investment-grade energy audit. The audit must be incorporated into an energy performance contract.
Terms Used In Montana Code 90-4-1113
- Contract: A legal written agreement that becomes binding when signed.
- Energy performance contract: means a cost-effective contract between a governmental entity and a qualified energy service provider for implementation of one or more cost-saving measures and guaranteed cost savings. See Montana Code 90-4-1102
- Governmental entity: means :
(a)a department, board, commission, institution, or branch of state government;
(b)a county, consolidated city-county government, city, town, or school district;
(c)a special district, as defined in 2-2-102;
(d)the university system or a unit of the university system; or
(e)a community college district. See Montana Code 90-4-1102
- Guaranteed cost savings: means a guaranteed annual measurable monetary reduction in utility and operating and maintenance costs for each year of a guarantee period resulting from cost-saving measures. See Montana Code 90-4-1102
- Investment-grade energy audit: means a study of energy or water usage of a public building performed by a qualified energy service provider utilizing a professional engineer licensed in the state of Montana. See Montana Code 90-4-1102
- Qualified energy service provider: means a person included on the department's list of qualified energy service providers. See Montana Code 90-4-1102
(2)An investment-grade energy audit must include estimates of all costs and guaranteed cost savings for the proposed energy performance contract including:
(a)design;
(b)engineering;
(c)equipment;
(d)materials;
(e)installation;
(f)maintenance;
(g)repairs;
(h)monitoring and verification;
(i)commissioning;
(j)training; and
(k)debt service.
(3)(a) A qualified energy service provider and the governmental entity shall agree on the cost of an investment-grade energy audit before it is conducted.
(b)If an investment-grade energy audit is completed and the governmental entity does not execute an energy performance contract, the governmental entity shall pay the full cost of the investment-grade energy audit.
(c)If the governmental entity executes the energy performance contract, the cost of the investment-grade energy audit may be included in the costs of an energy performance contract or, at the discretion of the governmental entity, be paid for by the governmental entity.