11-44-301.  Selection.

(1)  A political subdivision shall follow the procedures outlined in Title 63G, Chapter 6a, Utah Procurement Code, when selecting a qualified performance efficiency service provider.

Terms Used In Utah Code 11-44-301

  • 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 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Qualified performance efficiency service provider: means a person who:
    (a) has a record of successful performance efficiency agreements; or
    (b) has:
    (i) experience in the design, implementation, and installation of performance efficiency measures;
    (ii) technical capabilities to ensure that a performance efficiency measure generates cost savings; and
    (iii) the ability to secure the financing necessary to support the proposed performance efficiency measure. See Utah Code 11-44-102
    (2)  The Division of Purchasing shall maintain a list of qualified performance efficiency service providers.

    (3)  The qualified performance efficiency service provider selected from the bid process shall prepare an investment grade audit, which shall become part of the final agreement between the political subdivision and the qualified performance efficiency service provider.

    (4)  The audit shall include:

    (a)  a detailed description of the performance efficiency measure;

    (b)  an estimated cost; and

    (c)  a projected cost savings.

    Amended by Chapter 181, 2015 General Session