Effective immediately, the Office of Facilities Planning will no longer be performing detailed analysis of the required energy audits.

Due to the current workload and approval backlog, energy performance contracts will be reviewed for code compliance.

In addition, the following will be checked:

1. The detailed energy audit must be provided.
   
2. The signed performance agreement must be provided.
   
3. The design scope of work must match the work described in the audit and performance agreement.
   
4. All certificates required by Commissioner’s Regulation 155.20 will be required.
   
5. A payback of construction costs within less than 18 years must be demonstrated.
   
6. Maintenance, monitoring, and verification costs must be identified.

In addition, Facilities Planning will perform routine, random audits of energy performance contracts to judge compliance with the law and regulation. We are also tracking energy performance contracts annual volume. If the random audits indicate potential problems, or if there is a significant increase in volume, we will consider further changes to laws or regulations to help prevent abuse and waste of State and local resources.