90-4-1110 . Duties and authority of department. (1) The department shall establish an energy performance contract program for governmental entities. The department shall: (a) solicit, evaluate, and maintain a list of qualified energy service providers; (b) develop a process to disqualify and remove from the list energy service providers who do not comply with qualifications established; (c) enter into agreements with qualified energy service providers to provide services in accordance with this part; (d) establish reporting requirements for qualified energy service providers; (e) develop a model energy performance contract process and documents; and (f) assist governmental entities interested in pursuing energy performance contracts by providing technical assistance and educational programs and by maintaining a website. (2) The department may develop recommended best practices for: (a) evaluating energy performance proposals and awarding energy performance contracts; (b) measuring and verifying guaranteed cost savings and cost-effectiveness; (c) identifying a variety of options to determine the amount of project costs to be covered by guaranteed cost savings; (d) calculating guaranteed cost savings; (e) measuring energy cost savings and verification; (f) determining the cost-effectiveness of the energy performance contract when using an unguaranteed utility unit price escalation rate; and (g) determining an unguaranteed utility unit price escalation rate. (3) The department may adopt rules for the implementation of this part.
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