90-4-1102. Definitions. As used in this part, the following definitions apply:
     (1) "Conservation measure" means a study, audit, improvement, equipment, alternative energy system, or change in operating practices that is designed to provide energy, water, or operational cost savings at least equivalent to the amount expended by a local government unit or state agency for the study, audit, improvement, or equipment.
     (2) "Conservation-related cost savings" means cost savings in the operating budget of a local government unit or state agency that are a direct result of conservation measures implemented pursuant to an energy performance contract.
     (3) "Department" means the department of environmental quality provided for in 2-15-3501.
     (4) "Energy performance contract" means a contract between a local government unit or a state agency and a qualified provider for evaluation, recommendation, and implementation of one or more conservation measures, evaluation of conservation-related cost savings, and a guarantee of cost savings.
     (5) "Investment grade energy audit" means a comprehensive building energy systems audit, performed by a professional engineer licensed in the state of Montana, for the purpose of identifying and documenting conservation measures, cost savings factors, and estimated conservation-related cost savings from the conservation measures identified.
     (6) "Local government unit" means a county, an incorporated city or town, a city-county consolidated government, a school district, a special district, or a community college district.
     (7) "Person" means an individual, corporation, partnership, firm, association, cooperative, limited liability company, limited liability partnership, or any other similar entity.
     (8) "Qualified provider" means a person that:
     (a) is experienced in the design, implementation, and installation of conservation measures and building improvement measures;
     (b) has the technical capabilities to ensure that the conservation measures and building improvement measures generate conservation-related cost savings; and
     (c) has the financial ability to guarantee performance.
     (9) "State agency" has the meaning provided in 90-4-602.

     History: En. Sec. 2, Ch. 162, L. 2005; amd. Sec. 5, Ch. 439, L. 2009.