Map of Massachusetts EMS Projects

(click on map for project sites details)

Regulatory Proceedings for Energy Management Services

Acting under statutory authority of Section 11I of Chapter 25A of the General Laws, DOER is proposing new regulations, 225 CMR 19.00 —Energy Management Services (EMS) Contracts.

These new draft provisions provide:

  • An expedited process to procure energy efficiency improvements for buildings and facilities, thereby saving them time and money in the procurement process
  • Improved clarity
  • The installation of “on-site electrical generation equipment”
  • Incorporation of best industry practices

EMS Statutes and Regulations


M.G.L. 25A, 11C and 225 CMR 10.00 pdf format of 225 CMR 10.00
 EMS statute for use with a Request for Proposal
M.G.L. 25A, 11I EMS statute for use with a Request for Qualifications

Please note: All documents listed on this web page are unofficial and provided for informational purposes only. To obtain the only official version of each regulation from the Massachusetts Register, please contact the State Bookstore.

Procurement Assistance and Enforcement

Municipalities, schools, water and wastewater districts, and regional school districts may choose to use EMS to execute their energy efficiency plans with a number of significant advantages
 

  • As a type of performance contracting, the cost of implementing efficiency measures is paid for in whole or in part by the energy and water savings from the project
  • The Energy Services Company (ESCO) guarantees the energy savings
  • EMS creates a seamless process, from conceptualization and design, to implementation and monitoring, eliminating the costs and potential delays of multiple bidding processes

DOER staff assists jurisdictions to help them prevent problems during the procurement process. Municipalities using EMS must file Requests for Proposals, Requests for Qualifications, Investment Grade Audit Agreements, Contracts, and Annual Guaranteed Savings Reports with the DOER

The Certificate of Compliance doc format of Certificate of Compliance
form must be completed and signed by a duly authorized representative, and sent together with the copy of the RFP or RFQ under the cover “Notice of EMS Procurement”. To file documents email one complete electronic copy along with the Certificate of Compliance to: EMS.DOER@state.ma.us and mail one complete copy to:

Massachusetts Department of Energy Resources
Attn: NOTIFICATION OF EMS PROCUREMENT
100 Cambridge St., Suite 1020
Boston, MA 02114

For questions or concerns, please contact Eileen McHugh at (617) 626-7305.

Guidelines and Model Documents

DOER provides guidance to assist public officials in implementing EMS projects. The information contained herein is not intended to provide legal advice and is subject to change. The following is intended to serve as an introduction to the elements pertaining to the development of an EMS project and should not be used as a substitute for a thorough analysis of facts and the law. When procuring for EMS, it is the sole responsibility of each governing body to consult with legal counsel in preparing any documents and to ensure compliance with all applicable federal, state, and local laws, rules, regulations, and procurement procedures. Please contact Eileen McHugh at (617) 626-7305 for a copy of draft model documents.

Keys to a Successful Energy Management Services Contract

  1. Consult with in-house technical staff familiar with other construction projects.
  2. Involve key decision-makers.
  3. Assign a project manager to coordinate all aspects of the project from inception.
  4. Organize a team and include finance, technical, procurement, and legal staff.
  5. Hire an owner's agent, preferably someone familiar with this type of project.
  6. Develop an energy use baseline: assess your needs by collecting at least two years of energy usage data and related building information.
  7. Define your project: keep overall goals in mind, prioritize improvements, and understand expectations. Include renewable energy technologies and/or innovative methods of saving energy.
  8. Create accountability by documenting procedures and changes.
  9. Adhere to state procurement laws.
  10. Use DOER model documents (below).
  11. Follow Best Practices.

Resources

Case Studies and Presentations


This information is provided by the Department of Energy Resources.