90-4-1110. Duties of department -- rulemaking. (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) pursuant to rules adopted by the department, 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 and require qualified energy service providers to contract and provide services in accordance with this part;
     (d) establish guidelines for awarding energy performance contracts;
     (e) develop a standardized energy performance contract process and documents;
     (f) assist governmental entities interested in pursuing energy performance contracts by providing technical assistance and educational programs and by maintaining a website;
     (g) establish a process for measuring and verifying guaranteed cost savings and cost-effectiveness; and
     (h) establish reporting requirements for qualified energy service providers.
     (2) The department may adopt rules for:
     (a) the review of investment-grade energy audits; and
     (b) implementation of this part.
     (3) The department may adopt rules establishing criteria for:
     (a) the amount of project costs covered by guaranteed cost savings;
     (b) guaranteed cost savings;
     (c) measurement of energy cost savings and verification; and
     (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.