{"data":{"id":"us-ky/krs-56.774","jurisdiction":"us-ky","citation":"KRS 56.774","heading":"Purpose of program -- Engineering analysis -- Methods of finance --","body":"Documentation of savings.\n(1) The Energy Efficiency Program for State Government Buildings shall provide for\nimplementation of low cost/no cost energy conservation measures, e ngineering\nanalyses, energy efficiency measures, building improvements, and monitoring of\nresults for state-owned or state-leased buildings.\n(2) Any engineering analysis conducted on a state -owned building shall assess the\nenergy efficiency of the building  and make recommendations for improving the\nefficient use of energy within the building. The analyses shall be performed by\nqualified engineers, architects, or other persons trained in energy efficiency who\nmay be employees of the cabinet or employed pursu ant to KRS Chapter 45A,\nexcept that any engineers, architects or other persons trained in energy efficiency\nand retained under a guaranteed energy savings performance contract, shall not be\nsubject to the provisions of KRS 45A.800 to 45A.835.\n(3) Except as provided in subsection (5) of this section, measures to improve the energy\nefficiency of a state -owned building, which have an aggregate simple payback\nperiod of five (5) years or less, shall be implemented as general fund appropriations\nbecome available.  No more than five percent (5%) of the cost of energy\nconservation measures for a building may be utilized for monitoring the results.\n(4) If general fund appropriations are available for energy conservation improvements,\nthe cabinet shall prioritize proje cts among the various state -owned buildings to\ndetermine which projects shall be implemented to best utilize the available funding.\n(5) If general fund appropriations are unavailable, energy conservation measures for a\nstate-owned building may be financed by other means. These other means include\nbut are not limited to guaranteed energy savings performance contracts as defined\nunder KRS 56.770 entered into pursuant to KRS 45A.085 and KRS 45A.045(11).\nGuaranteed energy savings performance contracts shall not  be subject to the\nprovisions of KRS 45A.800 to 45A.835. These energy conservation measures shall\nnot be limited to those that have an aggregate simple payback period of five (5)\nyears or less, but shall result in reasonable economic benefit to the Commonw ealth.\nOwnership of the energy conservation measures shall be transferred to the\nCommonwealth upon completion of the guaranteed energy savings performance\ncontract or as otherwise agreed upon in the contract. Savings from the\nimplementation of the energy c onservation measures under the guaranteed energy\nsavings performance contract shall be used to satisfy the obligations under the\nguaranteed energy savings performance contract and to repay the cost of the other\nmeans used to finance the energy conservation  measures, and may be used to repay\nexpenses incurred by the cabinet to reimburse the cabinet for expenses related to the\nguaranteed energy savings performance contract, including but not limited to staff\ntime for monitoring, overseeing, and managing the p roject. Notwithstanding KRS\n45.229, remaining savings shall remain in the state agency account and shall not\nlapse. All savings projected under a guaranteed energy savings performance\ncontract shall be guaranteed to the Commonwealth.\n(6) The savings in red uced expenditures that are specified as payment sources shall be\ndocumented in the guaranteed energy savings performance contract. Savings shall\nbe determined by using one (1) of the measurement and verification methodologies\nlisted in the United States De partment of Energy's \"International Performance\nMeasurement and Verification Protocol.\" If specific data limitations or documented\nunique characteristics of the project prevent use of the \"International Performance\nMeasurement and Verification Protocol,\" a n alternative method that is compatible\nshall be adopted upon documentation and approval of the secretary of the cabinet.","path":["KRS Chapter 56"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57794","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:11Z","sha256":"723f4e7f08366098669670150a4a756a85a9a554beb8d37c6e3be0de346e7d67","source_id":"us-ky","stale":false,"prev":"us-ky/krs-56.772","next":"us-ky/krs-56.775"},"notice":"GroundRules: Original legal text. Not legal advice."}