(A) A governmental unit may enter into guaranteed energy savings contracts for a duration of more than one year with vendors of guaranteed energy savings programs. No funds disclaimer clause as provided for in Section 11-35-2030 is required in these contracts. Repayment may be made from savings on the agency utility budget.
(B) A guaranteed energy savings contract may be awarded pursuant to Section 11-35-1530 if it includes a written guarantee that savings will meet or exceed the cost of energy conservation measures.
(C) For purposes of this section, "governmental unit" means a state government agency, department, institution, college, university, technical school, legislative body, or other establishment or official of the executive, judicial, or legislative branches of this State authorized by law to enter into contracts, including all local political subdivisions, including, but not limited to, counties, municipalities, public school districts, or public service or special purpose districts.
(D) For purposes of this section, "guaranteed energy savings contract" means a contract for the evaluation and recommendation of energy conservation measures and for implementation of one or more of these measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, must be made over time and the energy cost savings resulting from implementation of the energy conservation measures may be used to make payments for the energy conservation systems installed pursuant to guaranteed energy savings contracts.
(E) For purposes of this section "energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs, including, but not limited to:
(1) insulation of the building structure or systems within the building;
(2) storm windows or doors, caulking or weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption;
(3) automated or computerized energy control systems;
(4) heating, ventilating, or air conditioning system modifications or replacements;
(5) replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made;
(6) energy recovery systems;
(7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;
(8) energy conservation measures that provide long-term operating cost reductions.