The State of West Virginia has enabling legislation that covers Guaranteed Energy Savings Performance Contracting (GESPC) in four public market sectors: state agencies, local units of government, universities, and K-12 school districts. The length of contracts are limited to 15 years.
The legislation allows for a scope of work that includes all measures that pay for themselves in energy savings and the use of operational savings.
The statue requires the energy service company (ESCO) provide an energy savings guarantee and provides for a payment to cover any shortfall should one occur.
There are numerous examples of past successful projects including projects that exceeded the guaranteed savings:
- In 2013, Morgantown's guaranteed ESPC exceeded expectations for the second year in a row. The FY12 savings of $232,000 exceeded guaranteed savings of $220,000, and brought the two-year cumulative savings over and above the guaranteed level to $36,000.
- In 2011, State Energy Program (SEP) funding was used to support one of the largest energy performance contracting projects undertaken in West Virginia. This 15-year project used $4.1 million in SEP funding to leverage $14 million in energy efficiency and renewable energy upgrades at the three largest correctional facilities in West Virginia: Huttonsville, Mt. Olive and Pruntytown.
- In 2007 the Mayor of Morgantown signed the U.S. Mayors Climate Protection Agreement, pledging the city’s commitment to reduce greenhouse gas emissions. In 2008 they entered into an energy savings performance contract to help meet the goals of Climate Protection Agreement. Today, the City is exploring energy efficiency and renewable energy projects that could reduce greenhouse gas emissions in order to meet regulations anticipated with the pending release of the EPA's Clean Power Plan.
There is no official program or person solely dedicated to the state's GESPC program.
The state uses a set of standardized instruments for use with GESPC for state facilities and a separate set of standardized contract instruments for units of local government. There is a pre-qualified vendors list that allows participation by every organization that applies to be included.
The state's public sector program members participate in the West Virginia Energy Services Coalition (ESC) Chapter. The Chapter has been in existence for less than five years. The Chapter provides speakers for panels at various conference throughout the state.
The Chapter meets quarterly in the same location -- Charleston.