2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 44 - Performance Efficiency Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2015
11-44-102.
Definitions.
As used in this chapter:
(1) "Alternative fuel vehicle" means a motor vehicle that is not powered exclusively by a petroleum fuel source.
(2) "Cost savings" means a decrease in an expenditure, including a future replacement expenditure, by a political subdivision resulting from a performance efficiency measure adopted under this chapter.
(3)
(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.
(4) "Performance efficiency agreement" means an agreement between a political subdivision and a qualified performance efficiency service provider for evaluation, recommendation, and implementation of one or more performance efficiency measures.
(5)
(a) "Performance efficiency measure" means an action taken by a political subdivision that reduces the political subdivision's:
(i) energy consumption;
(ii) water use;
(iii) sewage use; or
(iv) operation and maintenance costs.
(b) "Performance 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;
(xv) a service to reduce utility costs by identifying utility errors and optimizing rate schedules; or
(xvi) the purchase and operation of an alternative fuel vehicle and the infrastructure to support the operation of alternative fuel vehicles.
(6) "Performance efficiency program" means a program established by a political subdivision under this chapter to adopt a performance efficiency measure.
(7) "Qualified performance efficiency service provider" means a person who:
(a) has a record of successful performance efficiency agreements; or
(b) has:
(i) experience in the design, implementation, and installation of performance efficiency measures;
(ii) technical capabilities to ensure that a performance efficiency measure generates cost savings; and
(iii) the ability to secure the financing necessary to support the proposed performance efficiency measure.
Amended by Chapter 181, 2015 General Session