Energy Savings Performance Contract - Federal Policies

Federal Policies

Energy Savings Performance Contracts are regulations created by the Federal Energy Management Program (FEMP) of the United States Department of Energy (DOE) as required by the Energy Policy Act of 1992. The final DOE ruling came into effect on May 10, 1995. The use of ESPCs by Federal agencies was reauthorized in the Energy Policy Act of 2005 (EPACT 2005) through the end of Fiscal Year (FY) 2016 and permanently reauthorized in The Energy Independence and Security Act of 2007 (EISA).

Energy Performance Contracts are also used extensively in the US Department of Housing & Urban Development's (HUD's) Public Housing Program as a means of reducing utility costs. Unlike federal ESPCs, Public Housing EPCs are projects approved by HUD and implemented by state-chartered Public Housing Authorities (PHAs) with or without the assistance of an ESCo. Because PHAs are legally authorized to carry debt, ESCos involved in the Public Housing EPC process typically do not need to provide financing to the project, but rather are simply providers of architectural/engineering services.

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