2011 Utah Code
Title 11 Cities, Counties, and Local Taxing Units
Chapter 44 Facility Energy Efficiency Act
Section 102 Definitions.

11-44-102. Definitions.
As used in this chapter:
(1) "Cost savings" means a decrease in an expenditure, including a future replacement expenditure, by a political subdivision resulting from an energy efficiency measure adopted under this chapter.
(2) (a) "Energy efficiency measure" means an action taken by a political subdivision that reduces the political subdivision's:
(i) energy consumption;
(ii) water use; or
(iii) sewage use.
(b) "Energy efficiency measure" includes:
(i) insulation installed in a wall, roof, floor, foundation, or heating and cooling distribution system;
(ii) a storm window or door, multiglazed window or door, heat absorbing or heat reflective glazed and coated window or door system, additional glazing, or reduction in glass area;
(iii) an automatic energy control system;
(iv) a heating, ventilating, or air conditioning and distribution system modification or replacement in a facility;
(v) caulking and weatherstripping;
(vi) a replacement or modification of a lighting fixture to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility unless the increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;
(vii) an energy recovery system;
(viii) a cogeneration system that produces steam or another form of energy for use primarily within a facility;
(ix) a renewable energy or alternate energy system;
(x) a change in operation or maintenance practice;
(xi) a procurement of a low-cost energy supply, including electricity, natural gas, or water;
(xii) an indoor air quality improvement that conforms to applicable building code requirements;
(xiii) a daylighting system;
(xiv) a building operation program that provides cost savings, including computerized energy management and consumption tracking programs or staff and occupant training; or
(xv) a service to reduce utility costs by identifying utility errors and optimizing rate schedules.
(3) "Energy savings agreement" means a contract between a political subdivision and a qualified energy service provider for evaluation, recommendation, and implementation of one or more energy efficiency measures.
(4) (a) "Facility" means a building, structure, or other improvement that is constructed on property owned by a political subdivision.
(b) "Facility" does not mean a privately owned structure that is located on property owned by a political subdivision.

(5) "Facility energy efficiency program" means a program established by a political subdivision under this chapter to adopt an energy efficiency measure.
(6) "Qualified energy service provider" means a person who:
(a) has a record of successful energy savings agreements; or
(b) has:
(i) experience in the design, implementation, and installation of energy efficiency measures;
(ii) technical capabilities to ensure that an energy efficient measure generates cost savings; and
(iii) the ability to secure the financing necessary to support the proposed energy efficiency measure.