Part 2. Guaranteed Energy SavingsContracts for Governmental Units.
§ 143‑64.17. Definitions.
As used in this Part:
(1) "Energyconservation measure" means a facility or meter alteration, training, orservices related to the operation of the facility or meter, when thealteration, training, or services provide anticipated energy savings or capturelost revenue. Energy conservation measure includes any of the following:
a. Insulation of thebuilding structure and systems within the building.
b. Storm windows ordoors, caulking, weatherstripping, multiglazed windows or doors, heat‑absorbingor heat‑reflective glazed or coated window or door systems, additionalglazing, reductions in glass area, or other window or door system modificationsthat reduce energy consumption.
c. Automatic energycontrol systems.
d. Heating,ventilating, or air‑conditioning system modifications or replacements.
e. Replacement ormodification of lighting fixtures to increase the energy efficiency of alighting system without increasing the overall illumination of a facility,unless an increase in illumination is necessary to conform to the applicableState or local building code or is required by the light system after theproposed modifications are made.
f. Energy recoverysystems.
g. Cogeneration systemsthat produce steam or forms of energy such as heat, as well as electricity, foruse primarily within a building or complex of buildings.
h. Repealed by SessionLaws 2006‑190, s. 2, effective August 3, 2006, and applicable tocontracts entered into or renewed on or after that date.
i. Faucets withautomatic or metered shut‑off valves, leak detection equipment, watermeters, water recycling equipment, and wastewater recovery systems.
j. Other energyconservation measures that conserve energy, water, or other utilities.
(2) "Energysavings" means a measured reduction in fuel costs, energy costs, watercosts, stormwater fees, other utility costs, or operating costs, includingenvironmental discharge fees, water and sewer maintenance fees, and increasedmeter accuracy, created from the implementation of one or more energyconservation measures when compared with an established baseline of previouscosts, including captured lost revenues, developed by the governmental unit.
(2a) "Governmental unit"means either a local governmental unit or a State governmental unit.
(3) "Guaranteedenergy savings contract" means a contract for the evaluation,recommendation, or implementation of energy conservation measures, includingthe design and installation of equipment or the repair or replacement ofexisting equipment or meters, in which all payments, except obligations ontermination of the contract before its expiration, are to be made over time,and in which energy savings are guaranteed to exceed costs.
(4) "Localgovernmental unit" means any board or governing body of a politicalsubdivision of the State, including any board of a community college, anyschool board, or an agency, commission, or authority of a political subdivisionof the State.
(5) "Qualifiedprovider" means a person or business experienced in the design,implementation, and installation of energy conservation measures.
(6) "Request forproposals" means a negotiated procurement initiated by a governmental unitby way of a published notice that includes the following:
a. The name and addressof the governmental unit.
b. The name, address,title, and telephone number of a contact person in the governmental unit.
c. Notice indicatingthat the governmental unit is requesting qualified providers to propose energyconservation measures through a guaranteed energy savings contract.
d. The date, time, andplace where proposals must be received.
e. The evaluationcriteria for assessing the proposals.
f. A statementreserving the right of the governmental unit to reject any or all theproposals.
g. Any otherstipulations and clarifications the governmental unit may require.
(7) "Stategovernmental unit" means the State or a department, an agency, a board, ora commission of the State, including the Board of Governors of The Universityof North Carolina and its constituent institutions. (1993 (Reg. Sess., 1994), c.775, s. 3; 1995, c. 295, s. 1; 1999‑235, ss. 1, 2; 2002‑161, s. 2;2006‑190, s. 2.)
Part 2. Guaranteed Energy SavingsContracts for Governmental Units.
§ 143‑64.17. Definitions.
As used in this Part:
(1) "Energyconservation measure" means a facility or meter alteration, training, orservices related to the operation of the facility or meter, when thealteration, training, or services provide anticipated energy savings or capturelost revenue. Energy conservation measure includes any of the following:
a. Insulation of thebuilding structure and systems within the building.
b. Storm windows ordoors, caulking, weatherstripping, multiglazed windows or doors, heat‑absorbingor heat‑reflective glazed or coated window or door systems, additionalglazing, reductions in glass area, or other window or door system modificationsthat reduce energy consumption.
c. Automatic energycontrol systems.
d. Heating,ventilating, or air‑conditioning system modifications or replacements.
e. Replacement ormodification of lighting fixtures to increase the energy efficiency of alighting system without increasing the overall illumination of a facility,unless an increase in illumination is necessary to conform to the applicableState or local building code or is required by the light system after theproposed modifications are made.
f. Energy recoverysystems.
g. Cogeneration systemsthat produce steam or forms of energy such as heat, as well as electricity, foruse primarily within a building or complex of buildings.
h. Repealed by SessionLaws 2006‑190, s. 2, effective August 3, 2006, and applicable tocontracts entered into or renewed on or after that date.
i. Faucets withautomatic or metered shut‑off valves, leak detection equipment, watermeters, water recycling equipment, and wastewater recovery systems.
j. Other energyconservation measures that conserve energy, water, or other utilities.
(2) "Energysavings" means a measured reduction in fuel costs, energy costs, watercosts, stormwater fees, other utility costs, or operating costs, includingenvironmental discharge fees, water and sewer maintenance fees, and increasedmeter accuracy, created from the implementation of one or more energyconservation measures when compared with an established baseline of previouscosts, including captured lost revenues, developed by the governmental unit.
(2a) "Governmental unit"means either a local governmental unit or a State governmental unit.
(3) "Guaranteedenergy savings contract" means a contract for the evaluation,recommendation, or implementation of energy conservation measures, includingthe design and installation of equipment or the repair or replacement ofexisting equipment or meters, in which all payments, except obligations ontermination of the contract before its expiration, are to be made over time,and in which energy savings are guaranteed to exceed costs.
(4) "Localgovernmental unit" means any board or governing body of a politicalsubdivision of the State, including any board of a community college, anyschool board, or an agency, commission, or authority of a political subdivisionof the State.
(5) "Qualifiedprovider" means a person or business experienced in the design,implementation, and installation of energy conservation measures.
(6) "Request forproposals" means a negotiated procurement initiated by a governmental unitby way of a published notice that includes the following:
a. The name and addressof the governmental unit.
b. The name, address,title, and telephone number of a contact person in the governmental unit.
c. Notice indicatingthat the governmental unit is requesting qualified providers to propose energyconservation measures through a guaranteed energy savings contract.
d. The date, time, andplace where proposals must be received.
e. The evaluationcriteria for assessing the proposals.
f. A statementreserving the right of the governmental unit to reject any or all theproposals.
g. Any otherstipulations and clarifications the governmental unit may require.
(7) "Stategovernmental unit" means the State or a department, an agency, a board, ora commission of the State, including the Board of Governors of The Universityof North Carolina and its constituent institutions. (1993 (Reg. Sess., 1994), c.775, s. 3; 1995, c. 295, s. 1; 1999‑235, ss. 1, 2; 2002‑161, s. 2;2006‑190, s. 2.)
Part 2. Guaranteed Energy SavingsContracts for Governmental Units.
§ 143‑64.17. Definitions.
As used in this Part:
(1) "Energyconservation measure" means a facility or meter alteration, training, orservices related to the operation of the facility or meter, when thealteration, training, or services provide anticipated energy savings or capturelost revenue. Energy conservation measure includes any of the following:
a. Insulation of thebuilding structure and systems within the building.
b. Storm windows ordoors, caulking, weatherstripping, multiglazed windows or doors, heat‑absorbingor heat‑reflective glazed or coated window or door systems, additionalglazing, reductions in glass area, or other window or door system modificationsthat reduce energy consumption.
c. Automatic energycontrol systems.
d. Heating,ventilating, or air‑conditioning system modifications or replacements.
e. Replacement ormodification of lighting fixtures to increase the energy efficiency of alighting system without increasing the overall illumination of a facility,unless an increase in illumination is necessary to conform to the applicableState or local building code or is required by the light system after theproposed modifications are made.
f. Energy recoverysystems.
g. Cogeneration systemsthat produce steam or forms of energy such as heat, as well as electricity, foruse primarily within a building or complex of buildings.
h. Repealed by SessionLaws 2006‑190, s. 2, effective August 3, 2006, and applicable tocontracts entered into or renewed on or after that date.
i. Faucets withautomatic or metered shut‑off valves, leak detection equipment, watermeters, water recycling equipment, and wastewater recovery systems.
j. Other energyconservation measures that conserve energy, water, or other utilities.
(2) "Energysavings" means a measured reduction in fuel costs, energy costs, watercosts, stormwater fees, other utility costs, or operating costs, includingenvironmental discharge fees, water and sewer maintenance fees, and increasedmeter accuracy, created from the implementation of one or more energyconservation measures when compared with an established baseline of previouscosts, including captured lost revenues, developed by the governmental unit.
(2a) "Governmental unit"means either a local governmental unit or a State governmental unit.
(3) "Guaranteedenergy savings contract" means a contract for the evaluation,recommendation, or implementation of energy conservation measures, includingthe design and installation of equipment or the repair or replacement ofexisting equipment or meters, in which all payments, except obligations ontermination of the contract before its expiration, are to be made over time,and in which energy savings are guaranteed to exceed costs.
(4) "Localgovernmental unit" means any board or governing body of a politicalsubdivision of the State, including any board of a community college, anyschool board, or an agency, commission, or authority of a political subdivisionof the State.
(5) "Qualifiedprovider" means a person or business experienced in the design,implementation, and installation of energy conservation measures.
(6) "Request forproposals" means a negotiated procurement initiated by a governmental unitby way of a published notice that includes the following:
a. The name and addressof the governmental unit.
b. The name, address,title, and telephone number of a contact person in the governmental unit.
c. Notice indicatingthat the governmental unit is requesting qualified providers to propose energyconservation measures through a guaranteed energy savings contract.
d. The date, time, andplace where proposals must be received.
e. The evaluationcriteria for assessing the proposals.
f. A statementreserving the right of the governmental unit to reject any or all theproposals.
g. Any otherstipulations and clarifications the governmental unit may require.
(7) "Stategovernmental unit" means the State or a department, an agency, a board, ora commission of the State, including the Board of Governors of The Universityof North Carolina and its constituent institutions. (1993 (Reg. Sess., 1994), c.775, s. 3; 1995, c. 295, s. 1; 1999‑235, ss. 1, 2; 2002‑161, s. 2;2006‑190, s. 2.)
