Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.02 - Definitions

Current through Register 1525, July 5, 2024
Business Day
. A business day shall
				mean Monday through Friday, exclusive of state and federal legal
				holidays.
Central Register
. The
				publication maintained by the Secretary of the Commonwealth that publishes
				Notices of RFQs.
Certificate of Eligibility
. A
				certificate provided by DCAMM under M.G.L. c. 149, § 44D, indicating a
				Contractor's qualifications to perform the EMS.
Commissioner
. The Commissioner of
				DOER established by M.G.L. c. 25A, § 1.
Contractor
. The vendor selected by
				the Local Governmental Body to perform the EMS solicited pursuant to
				225 CMR 19.00.
DCAMM. Division of Capital Asset Management and Maintenance,
				established by M.G.L. c. 7, § 4A.
DOER. The Department of Energy Resources, established by M.G.L.
				c. 25A, § 1.
EMS Annual Report
. A report form
				required by DOER that must be completed by the Local Governmental Body
				summarizing the energy or water unit and dollar cost savings. The initial
				report providing estimated savings must be filed along with the EMS contract
				and thereafter within 90 days after the anniversary of the Guaranteed Energy
				Performance Period.
Energy Audit
. A systematic
				inspection, verification and determination of the energy consumption
				characteristics of a building or facility which:
(a) identifies the type, size and rate of energy consumption of
				such building or facility and the major energy using systems of such building
				or facility;
(b) determines appropriate Energy Conservation maintenance and
				operating procedures; and
(c) indicates the need, if any, for the acquisition and
				installation of Energy Conservation Measures or On-site Energy Generation.
Energy Conservation
. A modification
				of, or change in, the operation of real or personal property in a manner likely
				to improve the efficiency of energy use, and shall include Energy Conservation
				Measures and any Energy Audits to identify and specify energy and cost
				savings.
Energy Conservation Measures
.
				Measures involving modifications of maintenance and operating procedures of a
				building or facility and installations therein, which are designed to reduce
				energy and water consumption in such building or facility, or the installation
				or modification of an installation in a building or facility which is primarily
				intended to reduce energy and water consumption.
Energy Conservation Projects
.
				Projects to promote Energy Conservation, including but not limited to energy
				conserving modification to windows and doors; caulking and weather stripping;
				insulation, automatic energy control systems; hot water systems; equipment
				required to operate variable steam, hydraulic and ventilating systems; plant
				and distribution system modifications, including replacement of burners,
				furnaces or boilers; devices for modifying fuel openings; electrical or
				mechanical furnace ignition systems; utility plant system conversions;
				installation of water saving devices; replacement or modification of lighting
				fixtures; energy recovery systems; on-site electrical generation equipment
				using new Renewable Energy generating sources as defined in M.G.L. c. 25A,
				§ 11F; and cogeneration systems.
Energy Management Services (EMS)
. A
				program of services, including Energy Audits, Energy Conservation Measures,
				Energy Conservation Projects or a combination thereof, and building maintenance
				and financing services, primarily intended to reduce the cost of energy and
				water in operating buildings, which may be paid for, in whole or in part, by
				cost savings attributable to a reduction in energy and water consumption that
				result from such services. The EMS contract may extend for a term not to exceed
				20 years. The allowable length of the contract may also reflect the useful life
				of the cost savings measures.
Energy Savings
. A measured reduction
				in fuel and its costs, energy and its costs, water and its costs, or operating
				or maintenance costs resulting from the implementation of Energy Conservation
				Measures or Energy Conservation Projects; provided, however, that any payback
				analysis to evaluate the Energy Savings of a geothermal energy system to
				provide heating, cooling or water heating over its expected lifespan shall
				include gas and electric consumption savings, maintenance savings and shall use
				an average escalation rate based on the most recent information for gas and
				electric rates compiled by the Energy Information Administration of the United
				States Department of Energy.
Established Baseline
. A written
				description of previous fuel, energy, and water consumption data and operating
				and maintenance costs for the past two years, including, but not limited to,
				future capital replacement expenditures avoided as a result of equipment
				installed or services performed. The description shall be included in the
				RFQ.
Guarantee of Generation
. The written
				guarantee of a Contractor warranting the particular electrical energy
				generation derived from an On-site Energy Generation unit. Such written
				guarantee shall include:
(a) a detailed description of the equipment to be installed;
				and
(b) the annual amount of electrical energy to be generated in
				kilowatt hours per year.
Guarantee of Savings
. The written
				guarantee of a Contractor warranting the Energy Savings derived from a
				particular Energy Conservation Measure, Energy Conservation Project, EMS, or
				Energy Savings. Such written guarantee shall include a detailed description of
				the cost of the energy or water conservation or usage measures, all causally
				connected work, and ancillary improvements provided for in the contract. The
				guarantee shall state the annual savings expressed in applicable energy units
				or (if water savings) in gallons per year and be based on dollars saved by
				reference to established unit rates.
Guaranteed Maximum Cost
. The fixed
				maximum cost of the EMS, including:
(a) the cost of each Energy Conservation Measure and Energy
				Conservation Project, after installation, startup, and testing; and
(b) the total payments made by a Local Governmental Body to a
				Contractor, including but not limited to, the total capital investment and the
				Contractor's costs.
Utility sponsored rebates, tax credits or other incentives, any
				direct governmental subsidies, interest payments, and energy and water cost
				savings shall not be deducted from the Guaranteed Maximum Cost.
Guidelines
. A set of clarifications,
				interpretations, and procedures, including forms and model documents, developed
				and issued by DOER to assist it in determining compliance with
				225 CMR 19.00. Each Guideline
				shall be effective on its date of issuance or on such date as is specified in
				the Guidelines, except as otherwise provided in
				225 CMR 19.00.
Investment Grade Audit (IGA)
. An
				Energy Audit that includes a detailed evaluation of the Energy Conservation
				Project cost, including but not limited to the investment opportunities for
				Energy Conservation Measures, operations and maintenance. The IGA shall provide
				a return on investment that represents an optimized bundle of short-term
				payback Energy Conservation Measures combined with long-term payback Energy
				Conservation Measures to meet Local Governmental Body Energy Savings and
				financial goals.
Local Governmental Body
. A city,
				town, district, regional school district or county, or an agency or authority
				thereof, including a housing authority, board, commission, department or
				instrumentality of a city, town district, regional school district or county,
				and any other agency that is not a state agency or building authority; or a
				combination of two or more such cities, towns, districts, regional school
				districts or counties, or agencies or authorities thereof.
On-site Energy Generation
. The
				generation of Renewable Energy or the cogeneration of electricity and heating
				or cooling of a generation unit located on or adjacent to a building or
				structure owned by a Local Governmental Body that utilizes some or all of the
				energy so generated either directly or indirectly though net metering, as
				defined in M.G.L. c 164, § 138.
Renewable Energy
. The electrical
				energy output of an RPS Class I Renewable Generation Unit, Solar Carve-out
				Renewable Generation Unit, or Solar Carve-out II Renewable Generation Unit as
				defined under
				225 CMR 14.00:
Renewable Energy Portfolio Standards - Class I
.
Request for Qualifications (RFQ)
. A
				written document issued by a Local Governmental Body that invites qualified
				providers to submit responses outlining their qualifications, the capacity to
				perform the EMS for the Local Governmental Body, and other information required
				by
				225 CMR 19.00 and the Local
				Governmental Body.
Responsive Offeror
. A person who has
				submitted a statement of qualifications, which conforms in all respects to the
				RFQ and who possesses the skill, ability, and integrity necessary to faithfully
				perform the work, based upon a determination of competent workmanship and
				financial soundness in accordance with M.G. L. c. 149, § 44D.
RFQ Compliance Certification
. A form
				prepared by DOER that is completed and signed by a duly authorized officer of
				the Local Governmental Body, certifying that the Local Governmental Body's RFQ
				for EMS is in full compliance with
				225 CMR 19.00 and M.G.L. c.
				25A, § 11I.
Update Statement
. A form developed by
				DCAMM, as defined in
				810 CMR 4.01:
Definitions
, to be completed by a general contractor and
				submitted with the statement of qualifications.