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Energy Management Agreement for the United States

Energy Management Agreement Template for United States

An Energy Management Agreement is a legally binding contract governed by U.S. federal and state energy regulations that establishes the terms and conditions for professional energy management services. The agreement outlines responsibilities for monitoring, optimizing, and improving energy consumption in facilities, while ensuring compliance with relevant energy efficiency standards and environmental regulations. It typically includes performance metrics, payment terms, and specific energy-saving targets.

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What is a Energy Management Agreement?

The Energy Management Agreement serves as a comprehensive framework for organizations seeking to optimize their energy consumption and reduce operational costs while maintaining compliance with U.S. energy regulations. This contract type is particularly relevant in the context of increasing energy costs and growing environmental concerns. It defines the relationship between energy service providers and facility owners, establishing clear objectives, responsibilities, and performance metrics. The agreement typically addresses key aspects such as baseline energy consumption, target improvements, monitoring protocols, and financial arrangements, while ensuring alignment with both federal and state-specific energy management requirements.

What sections should be included in a Energy Management Agreement?

1. Parties: Identification of the energy management service provider and the client/facility owner

2. Background: Context of the agreement and brief description of the facility and energy management needs

3. Definitions: Key terms used throughout the agreement including technical and operational definitions

4. Scope of Services: Detailed description of energy management services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Payment Terms: Fees, payment schedule, and any performance-based compensation

7. Performance Standards: Specific energy efficiency targets and service level agreements

8. Responsibilities of Parties: Detailed obligations of both service provider and client

What sections are optional to include in a Energy Management Agreement?

1. Equipment Installation: Details of any energy management equipment to be installed when physical equipment installation is part of the services

2. Training and Support: Details of training provided to client's staff when knowledge transfer is part of the scope

3. Energy Savings Guarantee: Specific guarantees regarding energy savings when providing performance guarantees

4. Carbon Credits: Allocation of carbon credits or environmental attributes when carbon credits are relevant to the project

What schedules should be included in a Energy Management Agreement?

1. Schedule A - Facility Description: Detailed description of the facility and its energy systems

2. Schedule B - Baseline Energy Consumption: Historical energy usage data and established baseline

3. Schedule C - Service Level Specifications: Detailed technical specifications of services

4. Schedule D - Fee Structure: Detailed breakdown of fees and payment terms

5. Schedule E - Performance Metrics: Specific KPIs and measurement methodology

6. Schedule F - Equipment Specifications: Technical details of any equipment to be installed

7. Schedule G - Measurement and Verification Plan: Methodology for measuring and verifying energy savings

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
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Industries

Federal Energy Management Program (FEMP): Federal program that provides resources and guidance for energy management in federal facilities, setting requirements for energy efficiency and renewable energy.

Energy Policy Act of 2005: Comprehensive energy legislation addressing energy production, efficiency, and security, including requirements for federal building performance and energy management.

Energy Independence and Security Act of 2007: Law focusing on energy efficiency, clean fuel production, and improved vehicle fuel economy, with specific provisions for building energy management.

Federal Power Act: Foundational legislation governing the transmission and sale of electric power, establishing federal oversight of wholesale electricity markets.

National Energy Conservation Policy Act: Sets energy conservation policies and requirements for federal facilities, including energy reduction targets and reporting requirements.

Clean Air Act: Environmental legislation that impacts energy management through emissions regulations and compliance requirements for energy facilities.

Public Utility Regulatory Policies Act (PURPA): Promotes energy conservation and greater use of domestic and renewable energy, affecting relationships between utilities and independent power producers.

State Utility Regulations: State-specific rules governing utility operations, rates, and energy management practices, varying by jurisdiction.

State Energy Efficiency Requirements: State-level mandates for energy efficiency in buildings and operations, including specific targets and compliance measures.

State Renewable Energy Portfolio Standards: State requirements for renewable energy usage and generation, affecting energy procurement and management strategies.

FERC Regulations: Federal Energy Regulatory Commission rules governing interstate transmission and wholesale electricity markets.

DOE Guidelines: Department of Energy guidance and standards for energy management, efficiency, and conservation practices.

EPA Regulations: Environmental Protection Agency rules affecting energy management through environmental compliance requirements.

ASHRAE Standards: Technical standards for building systems and energy efficiency set by the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

ISO/RTO Requirements: Rules and protocols set by Independent System Operators and Regional Transmission Organizations for power grid operations and market participation.

NERC Standards: North American Electric Reliability Corporation requirements for electric system reliability and security.

Energy Star Guidelines: Voluntary program guidelines for energy efficiency and performance benchmarking in buildings and equipment.

LEED Certification Requirements: Green building certification system requirements that impact energy management and efficiency measures.

Building Energy Performance Standards (BEPS): Standards setting minimum energy performance requirements for buildings, including monitoring and reporting obligations.

Measurement and Verification (M&V) Protocols: Standardized methods for quantifying energy savings and performance improvements in energy management projects.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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