Leveraging Energy Savings Performance Contract Energy Sales Agreements: Considerations, Regulations, and Applications (Web-based)
On-site generation for federal agencies, procured through private sector partnerships, will be a crucial means for helping the government's fleet of buildings meet administration priorities such as cost savings and energy security. Energy savings performance contract (ESPC) energy sales agreements (ESAs), where energy service companies (ESCOs) provide financing, project development services, operational efficiency, and risk management, are a tool available to agencies in meeting these administration goals. The ESA process and associated regulatory compliance can prove challenging for agencies and ESCOs, and this has impacted broader adoption of ESAs. This workshop will focus on identifying specific pain points from a legal and cost perspective, and ways that agencies have successfully navigated them in past ESAs. Topics may include federal tax incentive regulation updates, fair market value determination, contract structure such as novation and tri-party agreements, and how to document various types of ESA energy conservation measures in eProject Builder. The workshop will include project case studies, and attendees are encouraged to bring forward their own examples. The desired outcomes of this workshop are to foster peer learning, identify methods to improve ESA processes, and identify tools/templates that could help. The ultimate goal is to chart clear pathways for federal agencies to leverage these agreements to meet the administration's and Dept. of Energy's goals.