What is an Energy Performance Contract and How Does it Work

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An energy performance contract is a partnership between a building owner and an energy service company (ESCO) where the ESCO provides funding for energy-saving upgrades in exchange for a portion of the resulting energy savings. This arrangement is often used for large commercial buildings.

The ESCO identifies areas in the building where energy efficiency can be improved, and then implements the necessary upgrades. In most cases, the ESCO is responsible for the design, installation, and maintenance of the upgrades.

The ESCO's payment is typically tied to the amount of energy saved, which means they only get paid if the upgrades actually reduce energy consumption. This approach ensures that the ESCO's interests are aligned with the building owner's, creating a win-win situation.

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Benefits and Features

An energy performance contract typically involves a guaranteed amount of energy savings that the customer will achieve over the contract term. If the guaranteed amount of savings is not achieved, the company will pay the customer the difference.

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Performance contracting programs are usually for larger projects, with a minimum budget of over $1 million, and have contract terms between 10 and 20 years. This suggests that such contracts are best suited for businesses or organizations with significant energy needs.

One key feature of performance contracting programs is that the ESCO (Energy Service Company) will monitor, verify, maintain, and repair the equipment for the contracted period to achieve the specified savings. This ensures that the equipment is properly maintained and optimized to deliver the promised energy savings.

ESAs (Energy Savings Agreements) can be used for both large and small projects, with contract terms typically ranging from 5 to 15 years. This flexibility makes ESAs a good option for businesses or organizations with varying energy needs.

The payment terms for ESAs often involve a fixed, kilowatt-hour rate, which can provide a predictable and stable cost for the customer. This can be beneficial for businesses or organizations that want to budget their energy costs more effectively.

Here are the key features of energy performance contracts:

  • The customer owns the equipment installed by the ESCO to achieve a pre-specified amount of savings.
  • The ESCO will monitor, verify, maintain, and repair the equipment for the contracted period to achieve the specified savings.
  • The contract guarantees a certain amount of energy savings, and the company will pay the customer if the guaranteed amount is not achieved.
  • The contract is typically for larger projects with a minimum budget of over $1 million and has contract terms between 10 and 20 years.

In contrast, ESAs are off-balance sheet contracts that involve a financing provider delivering energy-saving services to the customer at a negotiated rate using equipment the service provider owns.

Government Involvement

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The government plays a significant role in promoting energy performance contracts. Federal policies, such as the Energy Policy Act of 1992, have helped establish regulations for Energy Savings Performance Contracts.

The Federal Energy Management Program (FEMP) of the United States Department of Energy (DOE) created these regulations, which took effect on May 10, 1995. The use of ESPCs was reauthorized in the Energy Policy Act of 2005 and permanently reauthorized in The Energy Independence and Security Act of 2007.

The government has also supported energy performance contracts in the Public Housing Program, where they are used to reduce utility costs. Public Housing ESPCs are projects approved by the Department of Housing & Urban Development (HUD).

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Getting Started

To get started with an energy performance contract, it's essential to identify experienced financing providers with a good history of ESPC or ESA projects to reduce risks for customers.

State and local governments should consider developing a list of pre-qualified service providers to ensure they have a reliable team to work with.

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Engaging with key stakeholders is crucial to assess existing baselines, establish goals, and inform the development of ESPC and ESA programs.

You'll need to review and establish fair performance forecasting and contracting terms to improve the reliability of savings expectations for customers.

Consider determining outreach and communications approaches to capture potential customers, including underserved communities, and the time and resources required to ensure they are aware of the program.

Here are some key steps to consider when developing an ESPC or ESA program:

  • Identify experienced financing providers
  • Engage with key stakeholders
  • Review and establish fair performance forecasting and contracting terms
  • Determine outreach and communications approaches
  • Describe the program's potential economic and environmental benefits
  • Develop detailed analyses of existing and potential energy consumption levels

Cost and Financing

The cost and financing of an energy performance contract can be a major concern for public facilities. The Colorado Energy Office's Energy Performance Contracting (EPC) program has invested $846 million into facility improvements.

This program has achieved significant cost savings for public jurisdictions, with annual savings of $52 million. The sooner you start a project, the sooner you'll begin avoiding utility costs and can access grants to help fund the project.

The EPC program has also achieved impressive energy savings, with 292 million kWH in annual electricity savings.

Financing Tool for Public Improvements

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The Colorado Energy Office's Energy Performance Contracting (EPC) is a creative model for financing and implementing capital improvement projects with little or no upfront cost investment.

This model allows eligible applicants to implement energy conservation and renewable energy measures, with the resulting utility and maintenance cost savings used to pay for the improvements and fund facility maintenance and upgrades.

To date, the EPC Program has invested $846 million into facility improvements, achieved 292 million kWH in annual electricity savings, and saved $52 million in annual costs for public jurisdictions.

Energy Performance Contracting is available to public jurisdictions that can benefit from energy conservation and renewable energy measures.

Here are some key statistics about the EPC Program:

  • $846 million invested into facility improvements
  • 292 million kWH in annual electricity savings
  • $52 million in annual costs saved for public jurisdictions

Cost

The FEMP ESPC program costs around $10 million annually to administer and another $1 million to monitor contract performance. This is a significant investment for a program that's supposed to save taxpayer dollars.

Breaking down the costs, we see that FEMP spends about $500,000 on average to develop each contract, essentially providing a generous boost to the ESCOs for project development. This is a substantial upfront cost, especially considering the potential benefits.

The long-term costs of the FEMP ESPC program are also worth noting. With interest charges over 25 years per contract, the projects end up costing a lot more than if Congress would just appropriate funding for them instead of financing them over such long periods of time.

Types of Contracts

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Performance contracting programs are typically used for larger projects, with contracts valued at over $1 million. These contracts are designed to achieve significant energy savings.

The contract term for performance contracting programs is usually between 10 and 20 years. This long-term approach allows for a thorough evaluation of energy savings and a more efficient use of resources.

There are specific features that define performance contracting programs. Here are some key characteristics:

  • Customer owns the equipment installed by the ESCO to achieve a pre-specified amount of savings.
  • ESCO will monitor, verify, maintain, and repair the equipment for the contracted period to achieve the specified savings.
  • Guarantee an amount of energy savings that the customer will achieve over the contract term.
  • Pay the customer the difference if the guaranteed amount of savings is not achieved.

Examples and Case Studies

Let's take a look at some real-life examples of energy performance contracts in action. Oregon's Energy Savings Performance Contracting Program published a guidebook for state agencies to consider using ESPC for state-owned buildings.

The Oregon Department of Energy provides additional resources for state agencies, including a list of pre-qualified service companies and an Energy Use Index Calculator.

Fort Worth, Texas, has seen significant savings through its ESPC projects. The city estimated saving $65 million through 2022 by improving city-owned buildings.

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The city selected an ESCO to implement nine ESPC projects and invested $69 million in these projects from 2003 to 2014. This investment is expected to have an 11-year payback period.

The Rockford Housing Authority in Illinois is another example of a successful ESPC project. They implemented a $7.5 million, 15-year ESPC to conduct an energy audit and implement energy efficiency measures at eight multifamily properties.

As a result, RHA's ESPC reduced energy costs by over $100,000 per year, achieving an average of 13 percent in cost savings.

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Roles and Responsibilities

Roles and Responsibilities play a crucial role in the implementation of energy performance contracts.

Third parties, such as ESPC and ESA providers, can coordinate with energy customers to audit existing energy use and identify strategies to reduce energy consumption.

These providers can also provide upfront funding for energy-saving technologies identified by the audit. This funding is a game-changer for many organizations.

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State governments can develop legislative frameworks that enable or codify ESPCs and ESAs, focusing on the requirements for public entities regarding procurement, contracting, and budgeting.

State governments can review the rules and standards for ESPCs and ESAs, establish goals for energy savings, and adopt legislation to amend statewide requirements.

Local governments can work with ESCOs to reduce the energy consumption of government-owned buildings.

In fact, they may also play a role in establishing goals for energy savings and marketing the availability of ESPC and ESA services.

Here are the key roles and responsibilities in the implementation of energy performance contracts:

  • ESPC and ESA providers: coordinate with energy customers, audit existing energy use, identify strategies to reduce energy consumption, and provide upfront funding.
  • State governments: develop legislative frameworks, review rules and standards, establish goals for energy savings, and adopt legislation.
  • Local governments: work with ESCOs to reduce energy consumption, establish goals for energy savings, and market ESPC and ESA services.

Miriam Wisozk

Writer

Miriam Wisozk is a seasoned writer with a passion for exploring the complex world of finance and technology. With a keen eye for detail and a knack for simplifying complex concepts, she has established herself as a trusted voice in the industry. Her writing has been featured in various publications, covering a range of topics including cyber insurance, Tokio Marine, and financial services companies based in the City of London.

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