How does performance contracting work in my state?

Performance Contracting Legislation By State

Performance contracting, also known as energy savings performance contracting or guaranteed energy savings contracting, is a public construction procurement and financing arrangement commonly used for implementing energy efficiency-focused infrastructure improvement projects. It allows government entities to finance such projects with energy savings, which are guaranteed over a specific period of time by the qualified provider installing the energy-focused improvements.

As performance contracting is defined by state statute, the specific regulations and policies vary by state and, potentially, by type of government entity. To help cut through the clutter, we’ve compiled a quick list of performance contracting legislation for the states we work in.

If you’re interested in learning more about how performance contracting could benefit you, reach out to us today, and our team of experts can help guide you through the process.





  • Who can use it:
    • State agencies, municipalities (cities and counties), school districts, higher education (universities, colleges, and technical colleges): Statute 489.145


  • Who can use it:
    • Public schools (K-12), local governments (cities and counties), public higher education, state agencies: C.G.A. 50-37-1


  • Who can use it:
    • Public school districts: 105 ILCS 5/19b
    • Counties, townships, municipalities, or park districts: 50 ILCS 515/1
    • Public universities: 110 ILCS 62/1


  • Who can use it:
    • School districts, municipalities (cities and counties libraries, and municipal water or wastewater utilities: Indiana Code 36-1-12.5
    • State agencies: Indiana Code 4-13.6-8
    • State educational institutions: Indiana Code 21-33-4


  • Who can use it:
    • Cities, counties, urban counties, consolidated local governments, school districts, and special districts: 45A.352
    • State agencies: KRS 56.770 to 56.784
  • Helpful links:



  • Who can use it:
    • Counties, cities, metropolitan governments, towns, and utility districts: State Legislation 12-4-118


  • Who can use it:
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