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(1) The division shall:
(a) develop and administer the energy efficiency program, which shall include guidelines and procedures to improve energy efficiency in the maintenance and management of state facilities;
(b) provide information and assistance to agencies in the agencies' efforts to improve energy efficiency in state facilities;
(c) analyze energy consumption by agencies to identify opportunities for improved energy efficiency;
(d) establish an advisory group composed of representatives of agencies to provide information and assistance in the development and implementation of the energy efficiency program; and
(e) submit to the governor and to the Infrastructure and General Government Appropriations Subcommittee of the Legislature an annual report that:
(i) identifies strategies for long-term improvement in energy efficiency;
(ii) identifies goals for energy conservation for the upcoming year; and
(iii) details energy management programs and strategies that were undertaken in the previous year to improve the energy efficiency of agencies and the energy savings achieved.
(2) Each agency shall:
(a) designate a staff member that is responsible for coordinating energy efficiency efforts within the agency with assistance from the division;
(b) provide energy consumption and costs information to the division;
(c) develop strategies for improving energy efficiency and reducing energy costs; and
(d) provide the division with information regarding the agency's energy efficiency and reduction strategies.
(3)
(a) An agency may enter into a performance efficiency agreement for a term of up to 20 years.
(b) Before entering into a performance efficiency agreement, the agency shall:
(i) utilize the division to oversee the project unless the project is exempt from the division's oversight or the oversight is delegated to the agency under the provisions of Section 63A-5b-701;
(ii) obtain the prior approval of the governor or the governor's designee; and
(iii) provide the Office of the Legislative Fiscal Analyst with a copy of the proposed agreement before the agency enters into the agreement.
(4) An agency may consult with the energy efficiency program manager within the division regarding:
(a) the cost effectiveness of energy efficiency measures; and
(b) ways to measure energy savings that take into account fluctuations in energy costs and temperature.
(5)
(a) Except as provided under Subsection (5)(c) and subject to future budget constraints, the Legislature may not remove energy savings from an agency's appropriation.
(b) An agency shall use energy savings to:
(i) fund the cost of the energy efficiency measures; and
(ii) if funds are available after meeting the requirements of Subsection (5)(b)(i), fund and implement new energy efficiency measures.
(c) The Legislature may remove energy savings if:
(i) an agency has complied with Subsection (5)(b)(i); and
(ii) no new cost-effective energy efficiency measure is available for implementation.