Policy Priorities
Federal Policy Advocacy Update
National Voice of the ESCO Industry
NAESCO serves as the national voice of the ESCO industry through
its national and regional advocacy efforts that have such a direct
impact on the strategic interests of its members. We can be proud
that our industry and our members are the vanguard of leading the
economy back to life by providing the investment, the jobs, and the
infrastructure improvements needed to rebuild America.
We expect that our advocacy work in 2012 will build on the work
undertaken in 2011 and will continue to be a mix of ensuring the
continued funding and political support for key federal, state and
utility-administered ESPC programs, advocating for utility and state
energy efficiency incentives that enhance ESCO projects in states
with major ESCO markets, and promoting the adoption and use of state
and utility energy savings monitoring and verification (M&V) rules
and protocols that are workable and that recognize the full value
that customers realize from ESCO projects.
Federal Policy and Advocacy Activities
NAESCO Advocacy work in 2011 shifted away from its effort in 2010
to enact comprehensive national climate and energy legislation to
supporting the achievement of more modest federal goals.
Federal ESPC
Through a subcontract with the Lawrence Berkeley National
Laboratory, NAESCO is providing technical assistance to FEMP to
assist FEMP to expand the scope of ESCO projects into what are being
called Deep Retrofits, and to assist FEMP in addressing some of the
persistent barriers to performance contracting within federal
government agencies.
In order to accomplish the aggressive mandates to which federal
civilian and military agencies are subject, FEMP, GSA and CERL,
working with the 16 Super ESPC ESCOs, are developing new retrofit
strategies that will, among other things, minimize the thermal load
of each building with super insulation and air sealing, technologies
that are rarely used in ESPC projects today because of their high
cost and long paybacks; Implement district heating and cooling and
CHP strategies as feasible; and, implement renewable energy
generation to meet the fossil fuel reduction goals.
NAESCO has participated in two kick-off conferences on Deep
Retrofit strategies. The first conference was organized by FEMP and
CERL, and focused on the development of projects in which renovation
funding from the Army will be blended with ESPC funding from ESCOs
to achieve 60-70% energy savings in Army facilities. The second
conference was organized by the Rocky Mountain Institute and focused
on GSA’s Zero Net Energy Challenge, in which each of the Super ESCOs
will be given the chance to respond to an RFQ which solicits their
qualifications to develop Deep Retrofit and Zero Net Energy
strategies in about 35 selected federal facilities.
In 2012, we expect to continue the work of assisting FEMP to
develop its Deep Retrofit program, and to assist FEMP in identifying
and addressing the barriers to ESPC implementation in federal
agencies. We have been addressing these barriers in our policy work
for years, but much of the research that underlies our arguments is
outdated and/or in the form of federal laboratory research reports
that are not very user-friendly. So we are going to assemble the
most up-to-date research information and write it into documents
that are accessible to the target audience of federal agency
facility and financial managers.
Federal Administrative Actions
On December 2, President Obama and Former President Clinton
announced a program that will invest $2 billion in energy efficiency
retrofits in federal and $2 billion in local government and
university facilities in the next two years. The program, which is
part of the President’s Better Buildings Initiative announced last
January, will give a strong boost to federal ESPC, because it is
done through a Presidential Memorandum and is not accompanied by a
request for a budget appropriation to pay for the work. Since local
governments generally have little or no capital funds for EE
projects, we expect that they will also have to meet their
commitments through ESPC projects. NAESCO has worked on the Better
Buildings Initiative since last winter, meeting with senior US DOE
staff and supporting the EE elements of the President’s Jobs Bill.
Federal Budget
The federal budget situation is pretty grim. The debate is
Congress is not about how to expand EE and RE programs, but rather
how much will be cut from US DOE Energy Efficiency and Renewable
Energy programs and the US EPA programs to curtail air pollution.
With the failure in late November of the Congressional Super
Committee to produce a bi-partisan agreement on debt reduction and
tax reform initiatives, significant additional federal budget cuts
will automatically be triggered in 2013, and the federal government
seems likely to limp through FY 2012 on a series of Continuing
Resolutions, which are extensions of the FY 2011 budget.
The programs that directly affect the ESCO business which have
already been cut significantly include the following:
- The Better Buildings Initiative, which President
Obama proposed to provide incentives and loan
guarantees for public and private commercial
building energy efficiency, is zeroed out.
- The State Energy Program, which provides funding
to the State Energy Offices that usually administer
state ESPC programs, is cut by 61%.
- The Weatherization Program, which funds
low-income programs in which our RES ESCO members
work, is cut by 90%.
We continue to work with a broad national coalition of EE, RE and
business groups to convince Congress to restore funding to these
critical programs, but it is very difficult, in the current
deadlocked political situation, to even get focused debate and votes
on these programs.
3% Withholding Tax Repeal
NAESCO joined the broad-based Government Withholding Relief
Coalition (GWRC), organized by the US Chamber of Commerce, which
worked successfully to repeal the 3% withholding on all federal
payments to contractors that was scheduled to start on January 1,
2012. The repeal legislation was enacted and signed into law by
President Obama.
Federal Energy Legislation
The extended Congressional debate on deficit and tax policies has
precluded action on several energy policy bills that have been
introduced into the Senate this year. These bills, unlike ARRA or
last year’s failed energy and climate legislation, do not rely on
massive federal grants or huge new sources of funding like a carbon
trading regime, but rather on mandates (building codes and appliance
standards), modest tax incentives, and revolving loan programs. It
should be noted that the House does not seem to be enthusiastic
about the Senate energy efficiency policies under consideration.
NAESCO has provided industry input to these bills as they have been
assembled and introduced.
Federal Regulatory Issues: Municipal Advisor Registration
Requirement under the Dodd-Frank Act
NAESCO has spent a significant amount of time in 2011 seeking to
prevent a proposed regulatory change that would significantly affect
the ESCO industry were it enacted in its current form. The
Securities Exchange Commission (SEC), under what they believe is a
mandate enacted in the Dodd-Frank financial reform legislation, has
proposed that ESCOs be required to register as municipal securities
advisors and be subject to regulatory oversight appropriate to that
status.
NAESCO has worked extensively with its member companies to mount
a major lobbying effort to overturn this SEC rule. Members companies
and NAESCO have met with SEC Commissioners and staff, as well as
staff and members of Congressional Committees that have jurisdiction
over the SEC and/or are concerned with the potential effects of the
rule on the ESCO industry. Our argument is that the SEC has
misunderstood the intent of the Congress, which specifically
exempted engineering firms from the registration requirement, and
should apply a similar exemption to ESCOs. In response to our
efforts, and those of other concerned industries, the SEC has
delayed the issuance of the final rules; NAESCO continues to work to
get the proposed rules modified and “safe harbor” language adopted.
The SEC is re-writing the rule, and NAESCO continues to meet with
SEC staff to respond to their questions, and to help them understand
the distinction between the spreadsheets and other analyses that
ESCOs provide to customers in the course of project development and
the kind of services that municipal financial advisers provide.
State Energy Efficiency Action Project
NAESCO is participating in the State Energy Efficiency Action
(SEE Action) project, which has been convened by US DOE and US EPA.
The purpose of SEE Action is to accelerate the adoption of
aggressive energy efficiency programs that seek to acquire all
cost-effective energy efficiency, across the country. It appears
that the US DOE Office of Energy Efficiency and Renewable Energy
(EERE) is using the SEE Action blueprint as the foundation of its
national EE strategy. NAESCO is a member of the Executive Group and
three Working Groups – EM&V, Finance and Utility Motivation. NAESCO
was also asked to join a national Steering Group, convened by US DOE
that will guide a pilot project to set a common framework for M&V
protocols for common energy efficiency measures, which we think will
benefit the ESCO industry.
Federal Advocacy Resources
The following are Federal Policy Priorities:
-
2nd Quarter 2010 Update
-
1st Quarter 2010 Update
-
Clean Energy Financing Policy Brief - PACE Status Update
August 11, 2010 - Lawrence Berkeley National
Laboratory
-
Clean Energy Jobs & American Power Act
APA Overview
APA Summary
APA Section by Section
Summary
APA Bill Text
-
1st Quarter 2009 Update
-
The American Clean Energy and Security
Act of 2009 - Draft Summary
April 1, 2009
-
Comparison of American Recovery and Reinvestment Act
February 13, 2009
-
Letter to Congressional Leaders
Supporting School Modernization in the American Recovery and
Investment Act
February 10, 2009
-
Energy Efficiency Funding Can Move
Quickly, In Constrast to Claim in CBO Report
February 10, 2009
-
Letter to Congressional Leaders
Supporting Clean Energy Provisions in the American Recovery and
Investment Act
February 10, 2009
-
Recommendations to the Obama Transition
Team
December 3, 2008
-
3rd Quarter 2008 Update
-
2nd Quarter 2008 Update
-
1st Quarter 2008 Update
-
Green Collar Jobs - Senate to Work with
NAESCO
January 25, 2008
-
Summary of Senate
Hearing on Green Jobs
September 24, 2007
-
CRS Report: House-Senate
Energy Bill Comparison
August 20, 2007 - Fred Sissine
- S. 822, the EXTEND
Energy Efficiency Incentives Act of 2007
March 2007
- Senator Snowe's Remarks
on S. 822
Congressional Record of March 8, 2007
- The Potential Impact of
the Mid-Term Elections on U.S. Energy Policy
November 15, 2006 - Jeff Genzer
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