90-4-1113. Investment-grade energy audits. (1) An energy performance contractor 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) An investment-grade energy audit must include estimates of all costs and guaranteed cost savings for the proposed energy performance contract including:
     (a) design;
     (b) engineering;
     (c) equipment;
     (d) materials;
     (e) installation;
     (f) maintenance;
     (g) repairs;
     (h) monitoring and verification;
     (i) commissioning;
     (j) training; and
     (k) debt service.
     (3) (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.
     (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.
     (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.