2005 Washington Revised Code RCW 39.35A.020: Definitions.

Unless the context clearly indicates otherwise, the definitions in this section shall apply throughout this chapter.

     (1) "Energy equipment and services" means energy management systems and any equipment, materials, or supplies that are expected, upon installation, to reduce the energy use or energy cost of an existing building or facility, and the services associated with the equipment, materials, or supplies, including but not limited to design, engineering, financing, installation, project management, guarantees, operations, and maintenance.

     (2) "Energy management system" has the definition provided in RCW 39.35.030.

     (3) "Municipality" has the definition provided in RCW 39.04.010.

     (4) "Performance-based contract" means one or more contracts for energy equipment and services between a municipality and any other persons or entities, if the payment obligation for each year under the contract, including the year of installation, is either: (a) Set as a percentage of the annual energy cost savings attributable under the contract to the energy equipment and services; or (b) guaranteed by the other persons or entities to be less than the annual energy cost savings attributable under the contract to the energy equipment and services. Such guarantee shall be, at the option of the municipality, a bond or insurance policy, or some other guarantee determined sufficient by the municipality to provide a level of assurance similar to the level provided by a bond or insurance policy.

[2001 c 214 § 18; 1985 c 169 § 2.]

Severability -- Effective date -- 2001 c 214: See notes following RCW 80.50.010.      Findings -- 2001 c 214: See note following RCW 39.35.010.