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PERFORMANCE CONTRACTING LEGISLATION BY STATE

Status of ESCO Enabling Legislation in the United States


Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

  

The table below includes the following:

  • Information on which states and local government organizations are allowed to use performance contracting to acquire building upgrades and energy efficiency improvements.
  • Links in the “Citation” column to the full text of that state’s performance contracting legislation, where available.
  • Links in the “State” column to that state’s performance contracting web pages or guide.

Note: “PDF” indicates that the document is in Portable Document Format (PDF) and requires Acrobat Reader to view. You can download a free copy from the Adobe site: Download Acrobat Reader.

Please help us keep this data up-to-date and accurate by sending e-mail to kelleyjs@ornl.gov with any updates from your state.


STATE CITATION
APPLICABLE AREAS

All
Public
Agencies
(any
political
subdivision)

School
Districts
Munici-
palities
State
Colleges
and
Univer-
sities
Counties State

Alabama

Performance Contracting Web Page

Alabama Code—
Article 7 ß
41-16-140 Energy Cost Savings Act

41-16-141 Definitions

41-16-142 Energy cost savings measures authorized

41-16-143
Request for proposals; meeting; public notice; guarantee required; bond; type, duration, funding, etc., of contract.

41-16-144. Construction of article

Alaska

Alaska Rebuild America

Alaska Statutes-

Innovative Procurements
AS 36.30.308

Arizona

Municiple Energy Management Program

Arizona Revised Statutes—

Title 34, Chap. 4, Article 3,
ARS 34-455,
ARS 34-456

 

 

Arkansas

Arkansas Energy Office

Department Of Education Rules Governing The Acquisition Of Energy Conservation Measures, June 14, 2004

Act 1547 (2001) An act pertaining to the procurement and financing of performance-based efficiency contracts for state agencies.(State bldgs and higher educ.)

Act 1717 (2001) An act to clarify the scope of an energy savings contract. (K-12)

 

 
 

California

Energy Partnership Program

PC Guide
(PDF)

California Codeó

California Education Code, Section 17650-17653

Public Resources Code, Section 25410, et seq.(aka Energy
Conservation Assistance Act of 1979)

Colorado

PC Web Page

Colorado Revised Statutes

(Title 29 Local Government)
§
29-12.5-101 Definitions
§ 29-12.5-102 Contract for analysis and recommendations

§ 29-12.5-103 Financing utility cost savings measures
§ 29-12.5-104 Monitoring and reporting of energy and cost savings

(Title 24 State Government
)
§
24-30-2001 Definitions
§ 24-30-2002 Contracts for energy analysis and recommendations
§ 24-30-2003 Utility cost-savings contracts

Connecticut

Energy Management and Policy Development Unit

ENERGY MANAGEMENT. IN STATE FACILITIES: A New Direction. A Report Prepared Pursuant to. Public Act 03-132. February 3, 2004. (Word doc)

General Statutes of Connecticut

Title 16a, Chapter 298 deals with energy utilization and conservation.
§ 16a-39a. establishesa Pilot energy conservation management program.  

Public Act No. 03-132 for Substitute House Bill No. 6484
An act implementing the recommendations of the program review and investigations committee concerning energy management by state government. (Effective October 1, 2003)

Delaware

Del. Code—
Senate Bill # 322 An Act to amend Title 29 Of The Delaware Code Relating To The Energy Performance Contracting Act.

Title 29 Chap 75 § 7530. Guaranteed energy cost savings contracts.

 

       

Florida

Performance Contracting Website

Energy Performance Contracts in Florida
As of January 2003 (Word)

Fla. Statutes—

1013.23  Energy efficiency contracting.

489.145  Guaranteed energy performance savings contracting.

Georgia

Ga. Code— § 20-2-506

 

       

Hawaii

PC Web Page/Guide

Hawaii Revised Statutes

HRS
§ 36-41

Idaho

Idaho Statutes
§ 67-5711D

Illinois

PC Web Page

Illinois Compiled Statutes—

50 ILCS § 515/1
Local Government Energy Conservation Act.

105 ILCS § 5, Article 19b,
School Energy Conservation And Saving Measures

110 ILCS § 62/1
Public University Energy Conservation Act

110 ICLS 805/
Community College Energy Conservation And Saving Measures
 

 

Indiana

Performance Contracting Website

Indiana Code—

IC § 4-13.6-8
Energy Cost Savings Contracts

IC§ 36-1-12.5
Guaranteed Energy Savings Contracts and Energy Efficiency Programs Used by School Corporations

Iowa

Energy Bank Program

Iowa Code—
§ 473.13A
Energy conservation measures identified and implemented.

§ 473.16
Additional funds

§ 473.19
Energy bank program§ 473.20
Energy loan fund

Kansas

Performance Contracting Website

Kansas Statutes

KSA
§ 75-37,125
Energy conservation measure, financing; prior approval of plans and projects; definitions. (passed as HB 2603)

Kentucky

Performance Contracting Web Site

Ky. Revised Statutes—
State Gov't
KRS 45.760 (14)
KRS 56.770,
KRS 56.772
,
KRS 56.774
,
KRS 56.784
Local Gov't
KRS 45A.352,
KRS 45A, 353,
KRS 58.600,
KRS 58.605,
KRS 157.420(5)
KRS 157.440(1)(c)
ESCO
KRS 45A.345(28)
KRS 45A.352(2)(3)(8)
 


Louisiana

Energy Fund Program

Act 1184 (Energy Management Act of 2001)
Energy Management Policy for State Buildings

RS 39:1496.1 Performance Contracting
Performance-based energy efficiency contracting for services and equipment.

Act 989 (of the 2003 Regular Session)
Requires performance-based energy contracts to be reviewed, approved, and overseen by the Office of Facility Planning and Control.

Maine

Maine State Energy Program

Maine Revised Statutes—

§20005-A
Performance-based contracts

Title 5 , § 1770
Energy Savings Pilot Program

Title 30-A, § 5953-C

Maryland

Performance Contracting Website

Maryland Code Annotated—

§ 11-101
§ 12-301
§ 12-302
§ 12-303
§ 14-401

Go to the Maryland Gen. Assembly Search page.

Select the "Statutes 2004 Regular Session" box and run this search:

energy performance contracting

   

 

Massachusetts

Performance Contracting Website

Mass. General Laws—

Chap. 25A, § 11
Establishment of energy programs; rules and regulations; contracts; grants

Chap. 121B, § 11
Powers of operating agencies

Michigan

State Facility Energy Performance Contracting

Michigan Compiled Laws

§ 18.1253
Energy conservation improvements.
(State agencies)

§ 41.75b Energy conservation improvements (Townships)

§ 46.11c Energy conservation improvements (Counties)

§ 68.36 and § 78.24b
Energy conservation improvements (Villages)

§ 117.5f Energy conservation improvements (Cities)

§ 380.1274a Energy conservation improvements (Schools)

§ 389.122 Board of trustees; powers.
389.122.amended
389.122a Energy conservation improvements (Community Colleges)

 

(and villages and home-rule cities)


(Communiity
Colleges)

Minnesota

Performance Contracting Website

Minn. Statutes—

§ 123B.65 Energy efficiency projects.

16B.4821 Provision of materials and services to MNSCU

471.345 Uniform Municipal Contracting Law.

 

 

Mississippi

Performance Contracting Website

Miss. Code Annotated—

§ 31-7-14. Public contracts of energy efficiency services.

Missouri

Performance Contracting Website

Mo. Revised Statutes—

§ 8.231
Guaranteed energy cost savings contracts

§ 8.400
Board may issue revenue bonds

§ 8.805 Energy savings in state building projects

§ 8.800 Definitions

Montana

School PC Website

Gov PC Website

 

Mont. Code Annotated— Title 20, Chap. 9, § 471

 

       

Nebraska

Nebraska Energy Office

Nebr. Statutes—

66-1062 Terms, defined.

66-1063 Governmental unit; energy financing contracts; authorized.

66-1064 Governmental unit; powers and duties.

66-1065 Energy financing contract; contents; energy service company; bond
requirements.

66-1066 Energy financing contract; terms.

Nevada

Nevada State Office of Energy

Nev. Revised Statutes— § 338-1905 through
338-1907
Retrofitting of state buildings for energy efficiency and Retrofitting of local buildings for energy efficiency

AB6 Assembly Bill No. 6 Makes various changes regarding public bodies.

         

New Hampshire

Performance Contracting Website

N.H. Revised Statutes—

State Facility Energy Cost Reduction:

§ 21-I:19-b Definitions

§ 21-I:19-c Interagency Energy Efficiency Committee

§ 21-I:19-d Energy Performance Contracting

§ 21-I:19-e Energy Cost Savings Revert to General Fund
   

   

New Jersey

REDO Program

NJ RFI on Performance Contracting (4/04)

N.J. Permanent Statutes— §

(Enter in Search box: energy savings and contract)

18A:18A-42 j
Multiyear contracts
(schools)

18A:64-79 28 i
Duration of certain contracts
(State Colleges)

18A:64A-25.28
Duration of certain contracts (Schools)

40A:11-15
Duration of certain contracts
(Municipalities and Counties)

 

 

New Mexico

Performance Contracting Website

 

NM Statutes Annotated—

§ 6-23-1 through 6-23-10

Enter search phrase: Energy Savings and contract

New York

PC Web Page

N.Y. Consolidated Laws—
§ 9-101 through 9-103
Energy performance contracts

North Carolina

NC Performance Contracting

N.C. General Statutes—
§ 43-64.16 through 143-64.17E
Energy Conservation in Public Facilities.

 

 

 

North Dakota

N.D. Century Code—
§ 48-05-09 through 48-05-13
Guaranteed energy savings contracts

Ohio

Performance Contracting Website

Ohio Revised Code

§ 156.01 through 156.05 (State agencies)

§ 307.04.1 (Counties)

§ 505.26.4 (Township)

§ 717.02 (municipal corporations)

§ 3313.372 (School districts)

 

Oklahoma

State Energy Program

Oklahoma Statutes

§ 19-458
Energy Conservation Contracts (State)

§ 70-5-131.2
Energy Conservation Contracts (school districts)

 

 
 

Oregon

Performance Contracting Website

Oreg. Revised Statutes—

§ 469.752
Definitions for ORS 469.752 to 469.756.

§ 469.754
Authority of state agencies to establish projects; use of savings.

§ 469.756
Rules; technical assistance; evaluations.

Pennsylvania

Performance Contracting Website

ACT 57 OF 1998, 62 PA.

§ 3751-3757
 

Rhode Island

Revolving Loan Fund

No explicit PC enabling legislation, but PC can be done in all types of public facilities.

South Carolina

Performance Contracting Website

PC Guide

SC Code of Laws

SC ST SEC 48-52-10
South Carolina Energy Efficiency Act

[Scroll for sections below]

48-52-630 Energy conservation savings

48-52-650 Revolving loan fund for energy conservation measures.

48-52-670 Guaranteed energy savings contracts.

South Dakota

South Dakota State Energy Plan

S.D. Code—
1-33B Guaranteed Energy Savings Contracts

Tennessee

Energy Managment Program

Energy Div Program Summaries (pdf)

12-4-115. Energy-related services
12-4-106 Contracts for Professional Services

Texas

PC Web Page and Guide

Texas Statutes Search
[Use search phrase: "energy savings"]

ß44.901 Energy Savings Performance Contracts (Schools)

ß302.004 Method of Financing; Terms of Contract (Local Government)

ß51.927 Energy Savings Performance Contracts (Higher Education)

ß2166.406 Energy Savings Performance Contracts (Government)

§39.905 Goal for Energy Efficiency

 




Utah

State Energy Plan

Utah Code—

ß63-9-67 State Building Energy Efficiency Program. (code covers state-owned buildings, others are free to do what they wish as long as they follow public competitive processes for procurement)

Vermont

Energy Efficiency Homepage

Vermont Statutes

The Governor's Energy Initiative, announced in December 2001 is seeking to enact state pc enabling legislation that would allow state and municipal entities to use pc to upgrade their buildings.

§ 2291. State agency energy plan

           

Virginia

Virginia Energy Plan
(See section 1.2.5)

Technical Assistance Grant Program

Code of Virginia

ß11-34.1 Legislative intent
ß11-34.2
Definitions.
ß11-34.3
Energy Performance-Based Contract Procedures; required contract provisions.

Washington

Performance Contracting Website

Revised Code of Wash.—

39.35A Performance-based contracts for energy equipment.

39.35C Energy Conservation Projects.

Engrossed House Bill 2247
amending sections of RCW 39.35C.020 requiring energy audits at state facilities. Further, if the audits produce opportunities to save energy, the improvements will be accomplished by using performance contracting.

West Virginia

Energy Efficiency Program

W.V. Code— Sects.
5 A- 3 B- 2 Contracts for energy-savings contracts

18-5-9a Energy-savings contracts

       

Wisconsin

Focus on Energy Program

Wis. Statutes—

§ 66.0133 (1) through (10)
Energy savings performance contracting.

 

   

Wyoming

No performance contracting legislation            

The Energy Services Coalition makes no representation as to the accuracy or completeness of this information or of the Internet versions of state statutes linked to from this site. Some states explicitly state that Internet versions of the statutes do not constitute official text of the statutes and are intended for informational purposes only. Certified versions [in most cases this is the official printed version(s)] of the statutes should be consulted for all matters that require reliance on the statutory text.
 

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