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New LPDD Model Law Enabling Government Entities to Engage in Guaranteed Conservation Performance Contracting

August 2, 2021

The LPDD team is proud to announce the release of a new model law enabling government entities to engage in guaranteed conservation performance contracting. This important contribution to the LPDD project was drafted by Mark Riedy, Siegmar Pohl and Dongyu “Eddie” Wang, all of Kilpatrick Townsend & Stockton, LLP,  in Washington, D.C. , in consultation with the author of Chapter 6 of the LPDD text, C. Baird Brown, Principal, eco(n)law LLC. It is available to view here.

From the introduction to the model law:

Employing energy-efficiency retrofits can improve the energy-efficiency of existing buildings by approximately 30-50%. One model for financing and installing such retrofits is the guaranteed energy savings agreement (also sometimes called an energy performance contract). Pursuant to such contracts, energy service companies (ESCOs) install retrofits to buildings and contractually guarantee energy, water, and sometimes other environmental savings over time, and the savings often exceed the cost of the upgrades.

While private entities already may have the financial and social incentives to upgrade existing buildings with energy-efficient retrofits, government entities face a procurement challenge. Because public owners must finance retrofits on the front end, they cannot take advantage of the performance contracting model unless enabling procurement legislation is in place.

The model legislation set forth below makes a variety of suggested improvements as compared to existing legislation.  The proposed model state law authorizes public entities to enter into Guaranteed Conservation Performance Contracts which address a broad range of energy, water, and environmental improvements.  The model legislation was prepared based on various existing procurement laws from several states.  It will be a good starting point for states that wish to implement new, update, or broaden existing laws.

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© 2021 Sabin Center for Climate Change Law

This website provides educational information. It does not, nor is it intended to, provide legal advice. No attorney-client relationship is established by use of this site. Consult with an attorney for any needed legal advice. There is no warranty of accuracy, adequacy or comprehensiveness. Those who use information from this website do so at their own risk.

Laws vary considerably from jurisdiction to jurisdiction. The model legal documents on this website are not specific to any jurisdiction. They should be viewed solely as a starting point for legislators, policymakers and interested stakeholders, and would need to be adapted and modified to the particularities of local, county, state, federal and other legal systems in consultation with an attorney licensed to practice and experienced in the drafting and enactment of legislation in that jurisdiction.

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