The amount of cost savings achieved during a year shall be determined using the baseline rates used in guaranteed cost savings

In the case of a shortfall, the governmental unit and qualified energy service provider may negotiate the terms of measurement and verification reports and the shortfall payment for the remainder of the energy performance contract finance term. If there is an excess in cost savings in any year of the guarantee period, the guaranteed cost savings remain with the governmental unit. Guaranteed cost savings may not be used to cover potential shortfalls in subsequent years or actual guaranteed cost savings shortages in previous years of a guarantee period. Source: SL 2016, ch 14 , § 15. 1-33B-4. Repealed by SL 2016, ch 14 , § 16.