Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 37 - Contract Clauses and Preference Provisions
Section 3752 - Definitions

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Allowable costs." Equipment and project costs that:
(1) the governmental unit reasonably believes will be incurred during the term of the guaranteed energy savings contract; and
(2) are documented by industry engineering standards.
"Energy conservation measure." A program, facility alteration or technology upgrade designed to reduce energy, water, wastewater or other consumption or operating costs. The term may include, without limitation:
(1) Insulation of the building structure or systems within the building.
(2) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area or other window and door system modifications that reduce energy consumption.
(3) Automated or computerized energy control systems.
(4) Heating, ventilating or air conditioning system modifications, extension of systems to new or renovated areas or system replacements.
(5) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to applicable State or local building codes for the lighting system after the proposed modifications are made.
(6) Energy recovery systems.
(7) Systems that produce steam or forms of energy such as heat as well as electricity for use within a building or complex of buildings.
(8) Energy conservation measures that provide operating cost reductions based on life cycle cost analysis.
(9) A training program or facility alteration that reduces energy consumption or reduces operating costs, including allowable costs, based on future reductions in labor costs or costs for contracted services.
(10) A facility alteration which includes expenditures that are required to properly implement other energy conservation measures.
(11) A program to reduce energy costs through rate adjustments, load shifting to reduce peak demand, and/or use of alternative energy suppliers, such as, but not limited to:
(i) changes to more favorable rate schedules;
(ii) negotiation of lower rates, same supplier or new suppliers, where applicable; and
(iii) auditing of energy service billing and meters.
(12) The installation of energy information and control systems that monitor consumption, redirect systems to optimal energy sources and manage energy-using equipment.
(13) Systems that provide indoor air quality improvements or improved climate control.
(14) Daylighting systems.
(15) Renewable and/or on-site distributed power generation systems.
(16) Water and sewer conservation measures, including, without limitation, plumbing fixtures and infrastructure.
(17) Equipment upgrades that improve accuracy of billable revenue generating systems.
(18) Automated, electronic or remotely controlled systems or measures that reduce operating costs.
(19) Other energy, water or wastewater measures as may provide measurable, long-term operating costs reductions or billable revenue increases.
"Energy-related cost savings." As follows:
(1) A cost saving, except for an energy saving, that results from the implementation of an energy conservation measure.
(2) Sources of energy-related cost savings shall include only the following:
(i) Avoided current or planned capital expense.
(ii) Avoided renovation, renewal or repair costs as a result of replacing old and unreliable equipment and systems or thermal improvements to the building envelope.
"Energy services company." A qualified provider of energy solutions, including designs and implementation of energy savings projects, retrofitting, energy conservation, energy infrastructure outsourcing, power generation and energy supply and risk management.
"Guaranteed energy savings contract." A contract for the evaluation and recommendation of energy conservation measures and for implementation of one or more such measures.
"Governmental unit." Any officer, employee, authority, board, bureau, commission, department, agency or institution of a government agency, including, but not limited to, any Commonwealth agency, State-aided institution or any county, city, district, municipal corporation, municipality, municipal authority, political subdivision, school district, educational institution, borough, incorporated town, township, poor district, county institution district, other incorporated district or other public instrumentality which has the authority to contract for the construction, reconstruction, alteration or repair of any public building or other public work or public improvement, including, but not limited to, highway work.
"Industry engineering standards." Industry engineering standards may include the following:
(1) Life cycle costing.
(2) The R.S. Means-estimated method developed by the R.S. Means Company.
(3) Historical data.
(4) Manufacturer's data.
(5) American Standard Heating Refrigeration Air-Conditioning Engineers (ASHRAE) standards.
"Operating costs." As follows:
(1) Reductions in expenses, including energy-related cost savings, related to energy and water consuming equipment or the building envelope.
(2) The term includes:
(i) Operating and maintenance savings.
(ii) Capital funds budgeted for projects that, due to the energy services company project, will not be necessary.
"Qualified provider." A person or business which is responsible and capable of evaluating, recommending, designing, implementing and installing energy conservation measures as determined by the governmental unit.
(July 15, 2004, P.L.703, No.77, eff. 60 days; July 2, 2010, P.L.243, No.39, eff. 60 days; Nov. 4, 2016, P.L.1216, No.163, eff. 60 days)

2016 Amendment. Act 163 amended pars. (4) and (13) of the def. of "energy conservation measure" and added the defs. of "energy-related cost savings," "energy services company" and "operating costs."
2010 Amendment. Act 39 amended the def. of "energy conservation measure."
Cross References. Section 3752 is referred to in section 3753 of this title.