90-4-1106. Award of energy performance contracts. (1) A local government unit or a state agency may select and negotiate with a qualified provider identified through the processes provided in 90-4-1104 or 90-4-1105.
     (2) Upon selection of a qualified provider, the local government unit or state agency shall enter into a contract with the qualified provider. If this qualified provider does not employ a professional engineer licensed in the state of Montana, the qualified provider shall hire one to prepare an investment grade energy audit. The investment grade energy audit serves as the basis for the terms of an energy performance contract. The investment grade energy audit becomes the property of the local government unit or the state agency.
     (3) If the local government unit or the state agency determines that the investment grade energy audit does not provide sufficient conservation-related cost savings, it shall pay the cost of the investment grade energy audit and decline to enter into the energy performance contract.
     (4) If the local government unit or the state agency determines that the investment grade energy audit provides sufficient conservation-related cost savings, it shall notify the qualified provider. The qualified provider shall provide the local government unit or the state agency with plans for the proposed conservation measures that have been prepared by an engineer licensed to practice in Montana and that comply with applicable building and safety codes.
     (5) Upon receipt of the information required by subsection (4), the local government unit or the state agency may negotiate the conservation measures to be included in the energy performance contract and enter into the energy performance contract. The energy performance contract may include the option of payment of the costs of the investment grade energy audit and plans provided pursuant to subsection (4) through project financing.

     History: En. Sec. 6, Ch. 162, L. 2005; amd. Sec. 9, Ch. 439, L. 2009.