11-44-202.  Types of agreements.
     Notwithstanding Section 63G-6a-1205, a political subdivision shall structure a performance efficiency agreement as a guaranteed performance efficiency agreement, which shall include:

(1)  the design and installation of a performance efficiency measure, if applicable;

Terms Used In Utah Code 11-44-202

  • Cost savings: means a decrease in an expenditure, including a future replacement expenditure, by a political subdivision resulting from a performance efficiency measure adopted under this chapter. See Utah Code 11-44-102
  • Performance efficiency agreement: means an agreement between a political subdivision and a qualified performance efficiency service provider for evaluation, recommendation, and implementation of one or more performance efficiency measures. See Utah Code 11-44-102
  • Performance 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;
(xv) a service to reduce utility costs by identifying utility errors and optimizing rate schedules; or
(xvi) the purchase and operation of an alternative fuel vehicle and the infrastructure to support the operation of alternative fuel vehicles. See Utah Code 11-44-102
(2)  operation and maintenance of a performance efficiency measure implemented; and

(3)  guaranteed annual cost savings that meet or exceed the total annual agreement payments by the political subdivision under the agreement, including financing charges incurred by the political subdivision over the life of the agreement.

Amended by Chapter 181, 2015 General Session