West Virginia Passes Law Authorizing Counties and Municipalities to Enter into Energy-Savings Performance Contracts

On March 13, 2008, West Virginia’s Governor signed into law a bill authorizing counties and municipalities to enter into energy-savings performance contracts for the purpose of reducing energy costs. Under the new law, West Virginia counties and municipalities may contract with qualified providers to install energy savings measures so long as the providers guarantee specific energy savings resulting from those measures. Permissible energy-savings measures include a variety of goods and services, including the modification or replacement of heating or air conditioning systems, building insulation, or roofing. The law took effect on June 3, 2008. The full text of the new law as it relates to counties can be found at W. VA. CODE § 7-1-3oo. The full text of the new law relating to municipalities can be found at W. VA. CODE § 8-12-5e. The West Virginia Code in its entirety can be found online at:http://www.legis.state.wv.us/WVCODE/code.cfm For more information regarding energy-savings performance contracts, please contact HL Construction Law at info@hlconstruction.com.

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