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Energy Efficiency Case Study: Performance Contracting 3N 111(d) Meeting December 4, 2014 Ashley Patterson Director, Government Relations & Public Policy Ameresco Chris Hessler Partner AJW, Inc.

Energy Efficiency Case Study: Performance Contracting

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Page 1: Energy Efficiency Case Study: Performance Contracting

Energy Efficiency

Case Study:

Performance Contracting 3N 111(d) Meeting

December 4, 2014

Ashley Patterson

Director, Government Relations & Public Policy

Ameresco

Chris Hessler

Partner

AJW, Inc.

Page 2: Energy Efficiency Case Study: Performance Contracting

ESCO Working Group

Extensive expertise delivering project-

based energy efficiency

─ An Energy Service Company (ESCO)

specializes in performance-based

contracting for energy savings

Energy efficiency is a cost-effective

emissions reduction strategy

Third-party delivered energy

efficiency—Performance Contracting—

should be an acceptable compliance

mechanism

ESCO working group submitted

comments to the EPA on 111(d)

─ Link to ESCO Comments to EPA:

http://ajw-inc.com/pc/ 2

Page 3: Energy Efficiency Case Study: Performance Contracting

Performance Contracting Program

Third-party delivered, project-based program for energy efficiency

─ Leverages well-established existing U.S. market; all states have enabling

legislation for performance contracting and majority have active markets

─ Program can be incorporated into various CPP pathways

Comprehensive, performance-based projects are funded through private

capital—energy savings ($) repay investment over time

─ Realigns existing utility expenses towards improvements which save energy

and reduce CO2 emissions

Projects will be implemented by Energy Service Companies

─ Contractual agreements that guarantee energy savings

─ Measurement and Verification (M&V) to verify project savings, EM&V for

programmatic CO2 reductions

Projects can occur in public and private sector buildings and facilities

─ Federal, state, municipal, educational, hospital, institutional and commercial

3

Page 4: Energy Efficiency Case Study: Performance Contracting

How Performance Contracting Works

Realigns utility expenses towards

improvements which save energy─ Bundles multiple efficient solutions

(lighting, HVAC, controls, building

envelope, renewables, etc.)

Budget-neutral approach─ Cost savings are amortized and

accrue over the term of contract

─ Sufficient to repay project cost

Typical project energy reduction

ranges between 15% to 30%

─ Contract term typically ranges

between 10 to 17 years

─ Typical per project investment can

range from $1M to $45M+

4

Page 5: Energy Efficiency Case Study: Performance Contracting

Program Funding

Performance Contracting does

not rely on state or utility

investment

Can incorporate other program

incentives, rebates and credits

─ See light purple bar to left

$7B+ U.S. market investment

annually through financing which

is repaid through energy cost

savings

─ Projected to grow to $10 billion

to $15 billion annually by 2020

─ Scalable for 111(d) compliance

5

Investment in energy efficiency through

ESCOs and utility programs, categorized

by program, 1993-2012, ($bn)

Source: Bloomberg New Energy Finance, “Sustainable

Energy in America Factbook”

Page 6: Energy Efficiency Case Study: Performance Contracting

State Program Example

As of June 2014, Colorado’s Energy Performance Contracting

Program portfolio includes 182 active and completed construction

projects totaling $447.4 million in investments

ESCOs guaranteeing $28.8 million in annual utility costs savings

Project penetration across 75% of Colorado counties

Colorado ranks #3 nationally in total PC investments and #5 in

investments per capita (according to Energy Services Coalition’s

Race to the Top)

The Colorado Energy Office provides technical assistance to

public agencies, monitors and establishes standards for ESCOs,

maintains contract documents, and provides education/outreach

Standardized and state pre-approved contracting documents

Pre-qualified contractors

“Standards for Success” document

6

Page 7: Energy Efficiency Case Study: Performance Contracting

SIP Compliance Example

City of Shreveport, Louisiana, Energy Savings Performance

Contract utilized for SIP

Shreveport’s Early Action Compact (EAC) submission to USEPA

for the 8-Hour Ozone Standard under the National Ambient Air

Quality (NAAQ) Standards

20-year Performance Contract for 33 Municipal Buildings - Energy

Savings of 9,121,335 kWh/Yr

─ Energy savings contractually guaranteed by Energy Service

Company with annual true-up to ensure savings

─ Measurement & Verification (M&V) consistent with EPA Roadmap for

Incorporating EERE Policies and Programs Into State and Tribal

Implementation Plans

Demonstrates State and Federal enforceability to utilize

performance contract within SIP

7

Page 8: Energy Efficiency Case Study: Performance Contracting

PC Contribution Scale

8

Potential of 52-95 Million tons of CO2 reductions in 2030

Page 9: Energy Efficiency Case Study: Performance Contracting

PC Contribution to 49 State Goals

9

53 lbs.

CO2/MWh

89 lbs.

CO2/MWh

Page 10: Energy Efficiency Case Study: Performance Contracting

Incorporating Program into 111(d) Plans

Performance Contracting is compatible with EPA Criteria for

Evaluating State Plans and Emissions Reduction Measures

Performance Contracting is a viable, highly-predictable and

credible source of CO2 reductions and provides long-term

persistent electricity savings

─ PC electricity savings can reoccur annually through 2020-2030

─ PC Program can complement other energy efficiency programs and

policies (supports robust EE program)

Performance Contracting is:

─ Measurable

─ Enforceable

─ Quantifiable

─ Verifiable

10

Page 11: Energy Efficiency Case Study: Performance Contracting

Projecting PC Contribution to Plan

State can utilize State Energy Office, other agency or third-party

to develop reasonable and conservative estimate of PC program

projects based on size and building type(s) of projects

─ Example, Federal PC Program & Presidential Memorandum

States could provide this information to Utility-Run program

─ Would support ability to mitigate double counting

High-level of predictability for future year reductions based on

long-term nature of PC project contracts

─ Energy Service Companies design projects through Investment

Grade Audits which provides predictability of project electricity

savings on annual basis well before construction commences (12-24

month lead time)

─ Annual electricity savings determined and contractually guaranteed

PC projects incorporated into registry support ongoing

benchmarking of program progress

11

Page 12: Energy Efficiency Case Study: Performance Contracting

Predictability from PC Project Pipeline

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

12 12 12 12 12

11 11 11 11 11 11

10 10 10 10 10 10 10

9 9 9 9 9 9 9 9

8 8 8 8 8 8 8 8 8

7 7 7 7 7 7 7 7 7 7

6 6 6 6 6 6 6 6 6 6 6

5 5 5 5 5 5 5 5 5 5 5 5

4 4 4 4 4 4 4 4 4 4 4 4 4

3 3 3 3 3 3 3 3 3 3 3 3 3 3

2 2 2 2 2 2 2 2 2 2 2 2 2 2 2

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

12

111 (d) Compliance Year

Year

PC

Pro

ject

Co

ntr

act

Sig

ned

Contracted

Project in

Construction

Measures

Operating Under

Guarantee

Measures

Operating –

w/o Guarantee

Page 13: Energy Efficiency Case Study: Performance Contracting

Program Mechanics Summary

Establish or Utilize Existing Performance Contracting (PC) Program

─ Leverage existing enabling legislation, augment with mechanism to

increase utilization and capture project data

Include PC Program in State Implementation Plan

─ Include a conservative estimate of PC contribution to plan

Develop PC Projects

─ Contractors develop projects which provides annual electricity savings

information which supports long-term visibility for program goals

Register PC Projects

─ Utilize project registry to support data capture for savings, M&V, etc.

PC Projects Implemented

─ Annual project-level M&V occurs to verify savings occur

PC Program Evaluation

─ Program-level EM&V can occur to benchmark program progress

13

Page 14: Energy Efficiency Case Study: Performance Contracting

Quantification and M&V

Quantification of CO2 reductions can be tracked via national, state

or regional project registry

Projects have specific KWh savings calculations on annual basis

─ High-level of predictability for programmatic approach

Measurement and Verification (M&V) of electricity savings will

occur at project level

─ M&V occurs at measure and project level

─ Pre- and post-installation report on measures installed

─ On-site inspections and reconciliation report to verify performance

─ ESCO reports electricity savings to the project registry whereby

savings will be documented

Evaluation, Measurement and Verification (EM&V) of electricity

savings will occur at program level

─ Can include, for example, auditing of a sample of project M&V reports

14

Page 15: Energy Efficiency Case Study: Performance Contracting

Non-Duplicative and Permanent

15

CAA Requirement

STATE PC PROGRAM ELEMENT

EPA GUIDANCE NEEDED/DESIRED

-

othin in the C re uires or accounts for the reductions

achieved C pro ects

C-derived can e easil separated from other utilit - or state-run pro rams trac in use of

re ates and incentives

should clarif that C-derived emission reductions ill e treated in the same manner as pro ects and state- and utilit -run

pro rams

Compara le to other control measures

he life of C pro ect elements ill var , ut C performance is ell understood, and ell documented usin appropriate protocols

should determine accepta le methods of incorporatin in state plans and pro ress reports reductions related to C pro ect C s that have een properl

measured and verified

Page 16: Energy Efficiency Case Study: Performance Contracting

Enforceability

State-Run Pathway EGU-Obligated Pathway

16

• Use conservative estimates of PC

project in State Plan

• Use public building requirements

similar to existing State/fed models

• Energy audit/retrofit

requirements

• EE incentive payments

• Part of a robust EE portfolio

• Surplus (compared w/ plan) GHG

reductions from PC projects can

delay/avoid more expensive

compliance actions

• EGUs can contract with project

participants to take ownership of the

GHG reduction value of the project

• Alternately, tradable emission

reduction credits could be generated

by projects and purchased by

obligated parties

• To increase quantity/rate of PC

projects, EGU could offer incentives

similar to EERS

• Rigorous PC M&V supports

contractual agreements and

generation of credits

Page 17: Energy Efficiency Case Study: Performance Contracting

Process for Reporting on PC Program

The conservative and reasonable estimate of PC contribution is

the baseline for the PC program

─ The State energy office and air agency can work together to capture

project data into a project registry or utilize data provided by a

national or regional project registry

─ This could generate report of projects occurring in state and

scheduled CO2 reductions that will occur in future years

The inherent long-term predictability of reoccurring annual savings

associated with PC projects provide high-level of visibility on

program performance during compliance period

Project-level annual M&V provides ongoing mechanism for

tracking PC program progress

─ Individual project information to be reported into project registry

and/or project attributes could be collected directly by state agency

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Page 18: Energy Efficiency Case Study: Performance Contracting

Roles for State Agencies and Others

Clean Air Agency

─ Include PC contribution estimate in compliance plan

─ Report Actual PC-related CO2 emission reductions in progress reports

─ Notify appropriate offices if PC contributions need to be increased

State Energy Office

─ Work with Clean Air Agency on PC contribution estimate for plan

─ Support PC Program Contracting as applicable

─ Manage/monitor the registry of projects/emission reductions

─ Report to Clean Air Agency actual EE/CO2 emissions reduction from

PC projects for progress reports

PUC

─ Ensure that EGUs are using least costly options for 111(d) compliance

─ Facilitate use of emissions credit trading

─ Support ISO-wide use of EE-derived GHG reductions

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Page 19: Energy Efficiency Case Study: Performance Contracting

Roles for State Agencies and Others

(Cont’d)

Registry

─ Collect and catalogue PC-projects, attributes and information

─ Aggregate projected and actual PC-derived CO2 emission reductions

─ Ensure use of consistent data sets and formats to facilitate oversight

─ Can be utilized to generate data for state reports

ESCOs:

─ Contractual agreements, project implementation, and M&V

─ Implement projects according to contractual agreements

─ Conduct M&V needed to validate CO2 reductions for compliance

19

Page 20: Energy Efficiency Case Study: Performance Contracting

Example: Georgia

State 111(d) Final Goal

State 111(d) Compliance

Rate without PC

State 111(d) Compliance

Rate with Low-Case PC

State 111(d) Compliance

Rate with High-Case PC

Utilize BSER Baseline Levels

BSER Baseline, except RE at 90% of BSER

levels

BSER Baseline, except RE & EE at 90% of BSER

levels

PC Supports Flexibility

20

834 811 792

834 819 800

834 829 812

834

842

851

Page 21: Energy Efficiency Case Study: Performance Contracting

Summary

Performance Contracting (PC) projects are consistent with the

Clean Air Act and the Clean Power Plan

PC projects can add flexibility to, and lower the costs of, state

implementation activities

Most states only need to create an aggregation/registry activity to

utilize GHG reductions from PC projects under 111(d)

Encourage state air officials to familiarize themselves with

performance contracting in state

Encourage state energy officials to support increased utilization of

performance contracting to have bigger contribution impact for

compliance

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Page 22: Energy Efficiency Case Study: Performance Contracting

Thank You & Questions

Ashley Patterson

Director, Government Relations & Public Policy

Ameresco

[email protected]

Chris Hessler

Partner

AJW, Inc.

[email protected]

Link to ESCO Comments to EPA: http://ajw-inc.com/pc/

22

Page 23: Energy Efficiency Case Study: Performance Contracting

PC Program Mechanics

Establish or Utilize Existing Performance Contracting (PC) Program

─ Leverage existing ESPC enabling legislation

─ Utilize Executive Order or legislation to increase utilization across public

facilities;

─ Utilize PACE legislation or other programs to increase private sector

utilization

─ Address use of incentives to mitigate double counting

─ ESCO qualification, contract standardization and M&V Requirements

Include PC Program in State Implementation Plan

─ State Air Agency can work with State Energy Office or other agency

currently responsible for performance contracting in state

─ Include conservative and reasonable estimate of potential PC contribution

towards state plan (i.e. potential cumulative electricity to be avoided)

─ Includes federal, state, municipal, county, K-12, institutional, commercial

23

Page 24: Energy Efficiency Case Study: Performance Contracting

C g M h s (C ’d)

Develop PC Projects

─ Energy Service Companies design projects through Investment Grade

Audits which provides high-level of predictability of project electricity savings

on annual basis well before construction commences

─ Annual electricity savings determined and contractually guaranteed

Register PC Projects

─ Project entered into state/national project registry detailing guaranteed

energy savings, carbon reductions, implemented measures, measure life,

contract term, M&V details and incentives/rebates/emissions credit

allocation and ownership

─ Utilization of third-party project registry will reduce cost and resource burden

on state (potential for use of DOE e-Project builder)

─ Registry will capture M&V data and can support EM&V

24

Page 25: Energy Efficiency Case Study: Performance Contracting

C g M h s (C ’d)

PC Projects Implemented

─ Project will be installed and commissioned and will enter performance period

─ Electricity savings and CO2 Reductions will start occurring

─ Project-level ongoing Measurement &Verification (M&V) will occur

─ Completion of first year M&V report using EPA approved protocols (e.g.,

IPMVP, FEMP, ASHRAE) will verify savings are occurring

─ Project shortfalls can be identified through M&V and addressed accordingly

PC Program Evaluation

─ Utilize registry to produce report of PC Program cumulative progress

─ State can utilize independent evaluation (e.g., every three years) consistent

with other utility/state EE programs

─ EPA approved program-level EM&V protocols can be applied to a random

sample of projects

─ Results compared to project-level savings projections, project-level M&V

reports and program-level savings targets and used to adjust energy

efficienc “realization factors” prospectivel applied at a pro ram level

25

Page 26: Energy Efficiency Case Study: Performance Contracting

C g M h s (C ’d)

Program Shortfalls can be addressed in two ways:

1. Preventing shortfalls

• The savings guaranteed in PCs are less than those projected,

meaning conservatism is inherent in the industry

• Plans can include a portion of projected savings from PC,

allowing some margin for shortfall

• Making up for shortfalls

• Program-level shortfalls can be compensated for with increases

in EE projects driven by increased incentives or requirements for

energy retrofits in additional sectors

• State could also choose to utilize other EE programs (such as

residential EE) to ramp up other EE savings

• In EGU-obligated approach, more credits could be purchased

26

Page 27: Energy Efficiency Case Study: Performance Contracting

PC Market Activity

27

85% of activity is in Federal,

State, Municipal, University,

Schools, Hospitals (MUSH)

Driven by budget

constraints, energy costs

and policies

All states have enabling

legislation

Majority of states have active

performance contracting

markets

Page 28: Energy Efficiency Case Study: Performance Contracting

Savings: ESPC vs. Appropriation-funded

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Page 29: Energy Efficiency Case Study: Performance Contracting

Potential Cumulative Electricity Savings

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0

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

180,000

200,000

2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030

GW

h

Potential Cumulative Electricity Savings from PC Projects

Low Estimate High Estimate

Page 30: Energy Efficiency Case Study: Performance Contracting

Potential Market Scale 2020-2030

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Page 31: Energy Efficiency Case Study: Performance Contracting

Average Potential Contribution

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Page 32: Energy Efficiency Case Study: Performance Contracting

Associated Jobs Impact

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Page 33: Energy Efficiency Case Study: Performance Contracting

Appendix: Georgia Table Example

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