Sec. 12. (a) An improvement that is not causally connected to a conservation measure may be included in a guaranteed savings contract if:
(1) the total value of the improvement does not exceed fifteen percent (15%) of the total value of the guaranteed savings contract; and
(2) either:
(A) the improvement is necessary to conform to a law, a rule, or an ordinance; or
(B) an analysis within the guaranteed savings contract demonstrates that:
(i) there is an economic advantage to the political subdivision in implementing an improvement as part of the guaranteed savings contract; and
(ii) the savings justification for the improvement is documented by industry engineering standards.
(b) The information required under subsection (a) must be reported to the director of the department of local government finance.
As added by P.L.98-2002, SEC.9. Amended by P.L.1-2006, SEC.557; P.L.168-2006, SEC.20; P.L.109-2015, SEC.58; P.L.233-2015, SEC.332.
Structure Indiana Code
Chapter 12.5. Guaranteed Savings Contracts; Energy Efficiency Programs Used by School Corporations
36-1-12.5-0.5. "Actual Savings" Defined
36-1-12.5-0.6. "Billable Revenues" Defined; "Billable Revenue Increases" Defined; "Revenues" Defined
36-1-12.5-0.7. "Causally Connected Work" Defined
36-1-12.5-1. "Conservation Measure" Defined
36-1-12.5-1.5. "Governing Body" Defined
36-1-12.5-2. "Guaranteed Savings Contract" Defined
36-1-12.5-2.5. "Industry Engineering Standards" Defined
36-1-12.5-3. "Qualified Provider" Defined
36-1-12.5-3.5. "Related Capital Expenditures" Defined
36-1-12.5-3.7. "Stipulated Savings" Defined
36-1-12.5-4. "Utility Efficiency Program" Defined
36-1-12.5-5.3. Certification of Subcontractor Required
36-1-12.5-5.5. Procedures for Issuance of Bonds by Political Subdivisions Not Applicable
36-1-12.5-6. Report Before Installation or Remodeling
36-1-12.5-7. Installment Payment Contracts; Maximum Period
36-1-12.5-8. Approval Required
36-1-12.5-9. Payroll Records Required; Inspection
36-1-12.5-10. Submission of Contract and Annual Report to Department of Local Government Finance
36-1-12.5-11. Contracts That Include Stipulated Savings
36-1-12.5-12. Improvements Not Causally Connected to Conservation Measure