34-456. Use of energy savings;
definitions


A. Fifty per cent of the amount of after-contract cost savings realized by the
department of administration for that year from contracts entered into pursuant to
section 34-455 shall remain available without further appropriation to undertake
additional energy conservation measures. Funds generated as a result of these contracts
shall be known as "energy conservation funds". The department shall use the energy
conservation funds to implement additional energy conservation measures in state
facilities. The department shall keep a separate accounting of these after-contract cost
savings and provide an annual report to the speaker of the house of representatives, the
president of the senate and the governor detailing account balances, amounts spent on
additional conservation measures, energy and dollar savings accrued as a result of
expenditures from the fund and projected utilization of the funds. These funds shall not
be subject to the provisions of section 35-190.


B. For the purposes of this section:


1. "After-contract cost savings" means the portion of energy dollar savings for
that year that remains after all performance contract costs are paid for that year.


2. "Combined heat and power" has the same meaning prescribed in section 34-455.


3. "Energy conservation measures" means measures that are applied to a state
building that improve energy efficiency and are life cycle cost effective and involve
energy conservation, cogeneration, renewable energy sources, improvements in operations,
combined heat and power and maintenance efficiencies or retrofit activities.