1. (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.

2. (2) An investment-grade energy audit must include estimates of all costs and guaranteed cost savings for the proposed energy performance contract including:

   1. (a) design;
   2. (b) engineering;
   3. (c) equipment;
   4. (d) materials;
   5. (e) installation;
   6. (f) maintenance;
   7. (g) repairs;
   8. (h) monitoring and verification;
   9. (i) commissioning;
   10. (j) training; and
   11. (k) debt service.

3. (3)

   1. (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.
   2. (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.
   3. (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.

History: En. Sec. 4, Ch. 344, L. 2015; amd. Sec. 4, Ch. 311, L. 2019.