PERFORMANCE CONTRACTING LEGISLATION BY STATE

Status of ESCO Enabling Legislation in the United States

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.

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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
STATE	CITATION	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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