State Executive Orders and Legislation that Require Performance Contracting

State executive orders and legislation that require or encourage energy use reduction and performance contracting for state and local government facilities:


Visit HRS (Hawaii Revised Statutes) 36-41: Energy retrofit and performance contracting for public facilities.


Visit Indiana's Greening the Government Program where you can access the Governor's executive order (#99-07) which includes requirements for performance contracting.


Montana has finalized 20x10 Initiative to reduce energy use in all state facility by 20% by 2010.


Minnesota Governor, Mark Dayton issued Executive Order 11-12 entitled, "Providing job creation through Energy Efficiency and Renewable Energy Programs for Minnesota's Public Buildings.


Nebraska’s performance contracting legislation applies to all governmental units (school district, community college area, village, city, county, or department or agency of the State of Nebraska).

New Mexico

The Public Building Energy Efficiency and Water Conservation Act was just amended to make it easier to implement energy performance contracts. Transportation control systems and alternative fuel vehicles that can now be funded. NM has implemented over $30 million worth of contracts over the last 5 years. About 1/3 of all school districts have performance contracting. Also one university, one county, and two cities have implemented energy performance contracting projects.


Governor Michael O. Leavitt's Executive Order dated the 23rd day of June, 1999, "Establishing A State Building Energy Efficiency Program", with one of its purposes "to achieve significant energy savings through the implementation of comprehensive and coordinated energy efficiency plan, whose initial goal shall be to reduce energy costs by a cumulative total of $20,000,000 by 2010."


Virginia just passed a law, House Bill 1967, (it takes effect July 1) which legalizes and encourages EPC for all state agencies in Virginia. 


On May 8, 2001, Washington Governor Locke signed House Bill 2247. This bill requires K-12 schools, universities and state agencies to conduct energy audits of their facilities, to implement energy efficiency projects that can be paid from savings and authorizes and encourages energy performance contracting as the method of conducting audits and implementing efficiency measures. The language of the legislation states that preliminary walk-thru audits are required for all facilities. These may be conducted by in-house staff or others. Where there is evidence of savings potential that falls within the ESPC program parameters (10 year payback or less) investment grade audits are required for those sites/project opportunities. The intent and expectation is that the cost of the investment grade audit will be encompassed in the entire ECM/ESPC package. Furthermore, the bill also stipulates that a district must make a good faith effort to secure the services of an ESCO if audits reveal ECM opportunities. 

State of Washington "Governor's Energy Supply Alert Order No. 01-03" states in part "All state, county, city, town and other governmental agencies in Washington shall take all measures necessary and advisable to decrease total electricity and natural gas use in owned or leased buildings and offices by 10%"

Help us update this information. Please email us if you are aware of any other state executive orders or legislation that requires energy use reductions for state facilities, or use of performance contracting by state facilities to reduce energy use. If you can, please include a brief description and a link to a web page where the executive order or legislation can be found.