1. (1) The department shall establish an energy performance contract program for governmental entities. The department shall:

   1. (a) solicit, evaluate, and maintain a list of qualified energy service providers;
   2. (b) pursuant to rules adopted by the department, disqualify and remove from the list energy service providers who do not comply with qualifications established;
   3. (c) enter into agreements with qualified energy service providers and require qualified energy service providers to contract and provide services in accordance with this part;
   4. (d) establish guidelines for awarding energy performance contracts;
   5. (e) develop a standardized energy performance contract process and documents;
   6. (f) assist governmental entities interested in pursuing energy performance contracts by providing technical assistance and educational programs and by maintaining a website;
   7. (g) establish a process for measuring and verifying guaranteed cost savings and cost-effectiveness; and
   8. (h) establish reporting requirements for qualified energy service providers.

2. (2) The department may adopt rules for:

   1. (a) the review of investment-grade energy audits; and
   2. (b) implementation of this part.

3. (3) The department may adopt rules establishing criteria for:

   1. (a) the amount of project costs covered by guaranteed cost savings;
   2. (b) guaranteed cost savings;
   3. (c) measurement of energy cost savings and verification; and
   4. (d) use in determining cost-saving measure cost-effectiveness of an unguaranteed utility unit price escalation rate determined in the rules.

History: En. Sec. 1, Ch. 344, L. 2015.