{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-1702.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-1702.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-1702.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-1702.html"}],"law_id":82924,"edition_id":1,"section_id":82924,"structure_id":13882,"section_number":"45.2-1702","catch_line":" Definitions","history":"2001, c. 219, \u00a7 11-34.2; 2021, Sp. Sess. I, c. 387.","full_text":"As used in this article:\n\t\t“Contracting entity” means any public body as defined in \u00a7 2.2-4301.\n\t\t“Energy conservation measures” means the use of methods and techniques, the application of knowledge, or the installation of devices, including an alteration or betterment of an existing facility, that reduces energy consumption or operating costs and includes:\n\n1\n\nInsulation of the facility structure and systems within the facility.2\n\nInstallation of storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems, or additional glazing; reductions in glass area; or the completion of other window and door system modifications that reduce energy consumption.3\n\nInstallation of automatic energy control systems, including related software, or required network communication wiring, computer devices, wiring, and support services, or the design and implementation of major building technology infrastructure with operational improvements.4\n\nModification or replacement of heating, ventilating, or air-conditioning systems.5\n\nReplacement or modification of lighting fixtures to increase the energy efficiency of the lighting system. Such replacement or modification shall, at a minimum, conform to the applicable provisions of the Uniform Statewide Building Code (§ 36-97 et seq.).6\n\nInstallation of energy recovery systems.7\n\nInstallation of cogeneration systems that produce, in addition to electricity, steam or another form of energy, such as heat, for use primarily within a facility or complex of facilities.8\n\nInstallation of energy conservation measures that provide long-term operating cost reductions and significantly reduce the BTUs consumed.9\n\nInstallation of building technology infrastructure measures that provide long-term operating cost reductions and reduce related operational costs.10\n\nInstallation of an energy system, such as solar, biomass, or wind.11\n\nInstallation of devices that reduce water consumption or sewer charges.\n\t\t\t“Energy cost savings” means a measured reduction in fuel, energy, or operation and maintenance costs created from the implementation of one or more energy conservation measures when compared with an established baseline for previous fuel, energy, or operation and maintenance costs. When calculating “energy cost savings” attributable to the services performed or equipment installed pursuant to a performance-based efficiency contract, maintenance savings shall be included.\n\t\t\t“Energy performance-based contract” means a contract for the evaluation, recommendation, and implementation of energy conservation measures that includes, at a minimum:1\n\nThe design and installation of equipment to implement one or more such measures and, if applicable, the operation and maintenance of such measures.2\n\nThe amount of any actual annual savings. Such amount shall meet or exceed the total annual contract payments made by the contracting entity for such contract.3\n\nThe financing charges to be incurred by the contracting entity for such contract.\n\t\t\t“Maintenance savings” means the operating expenses eliminated and future capital replacement expenditures avoided as a result of new equipment installed or services performed by the performance contractor.\n\t\t\t“Performance guarantee bond” means the performance bond provided by the energy performance contractor for each year of the energy program in an amount equal to, but no greater than, the guaranteed measured and verifiable annual savings set forth in the program.","order_by":null,"text":{"0":{"id":297213,"text":"As used in this article:\n\t\t“Contracting entity” means any public body as defined in \u00a7 2.2-4301.\n\t\t“Energy conservation measures” means the use of methods and techniques, the application of knowledge, or the installation of devices, including an alteration or betterment of an existing facility, that reduces energy consumption or operating costs and includes:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":297214,"text":"Insulation of the facility structure and systems within the facility.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":297215,"text":"Installation of storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems, or additional glazing; reductions in glass area; or the completion of other window and door system modifications that reduce energy consumption.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":297216,"text":"Installation of automatic energy control systems, including related software, or required network communication wiring, computer devices, wiring, and support services, or the design and implementation of major building technology infrastructure with operational improvements.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":297217,"text":"Modification or replacement of heating, ventilating, or air-conditioning systems.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":297218,"text":"Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system. Such replacement or modification shall, at a minimum, conform to the applicable provisions of the Uniform Statewide Building Code (§ 36-97 et seq.).","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":297219,"text":"Installation of energy recovery systems.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":297220,"text":"Installation of cogeneration systems that produce, in addition to electricity, steam or another form of energy, such as heat, for use primarily within a facility or complex of facilities.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":297221,"text":"Installation of energy conservation measures that provide long-term operating cost reductions and significantly reduce the BTUs consumed.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":297222,"text":"Installation of building technology infrastructure measures that provide long-term operating cost reductions and reduce related operational costs.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":297223,"text":"Installation of an energy system, such as solar, biomass, or wind.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":297224,"text":"Installation of devices that reduce water consumption or sewer charges.\n\t\t\t“Energy cost savings” means a measured reduction in fuel, energy, or operation and maintenance costs created from the implementation of one or more energy conservation measures when compared with an established baseline for previous fuel, energy, or operation and maintenance costs. When calculating “energy cost savings” attributable to the services performed or equipment installed pursuant to a performance-based efficiency contract, maintenance savings shall be included.\n\t\t\t“Energy performance-based contract” means a contract for the evaluation, recommendation, and implementation of energy conservation measures that includes, at a minimum:","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"1"},"12":{"id":297225,"text":"The design and installation of equipment to implement one or more such measures and, if applicable, the operation and maintenance of such measures.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"11","next_prefix":"2"},"13":{"id":297226,"text":"The amount of any actual annual savings. Such amount shall meet or exceed the total annual contract payments made by the contracting entity for such contract.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"14":{"id":297227,"text":"The financing charges to be incurred by the contracting entity for such contract.\n\t\t\t“Maintenance savings” means the operating expenses eliminated and future capital replacement expenditures avoided as a result of new equipment installed or services performed by the performance contractor.\n\t\t\t“Performance guarantee bond” means the performance bond provided by the energy performance contractor for each year of the energy program in an amount equal to, but no greater than, the guaranteed measured and verifiable annual savings set forth in the program.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":13882,"edition_id":1,"name":"Energy and Operational Efficiency Performance-Based Contracting Act","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13194,"metadata":{},"date_created":"2026-06-26 03:46:10","date_modified":"2026-06-26 03:46:10","permalink":{"id":224905,"object_type":"structure","relational_id":13882,"identifier":"2","token":"45.2\/V\/17\/2","url":"\/45.2\/V\/17\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13194,"edition_id":1,"name":"Other Sources of Energy Generally; Energy Policy","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":12714,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":224889,"object_type":"structure","relational_id":13194,"identifier":"17","token":"45.2\/V\/17","url":"\/45.2\/V\/17\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12714,"edition_id":1,"name":"Other Sources of Energy; Energy Policy","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":224887,"object_type":"structure","relational_id":12714,"identifier":"V","token":"45.2\/V","url":"\/45.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82924,"structure_id":13882,"section_number":"45.2-1702","catch_line":" Definitions","url":"\/45.2-1702\/","token":"45.2\/V\/17\/2\/45.2-1702","metadata":false},{"id":79157,"structure_id":13882,"section_number":"45.2-1703","catch_line":"Energy performance-based contract procedures; required contract provisions","url":"\/45.2-1703\/","token":"45.2\/V\/17\/2\/45.2-1703","metadata":false},{"id":54913,"structure_id":13882,"section_number":"45.2-1704","catch_line":" Application of article","url":"\/45.2-1704\/","token":"45.2\/V\/17\/2\/45.2-1704","metadata":false}],"next_section":{"id":79157,"structure_id":13882,"section_number":"45.2-1703","catch_line":"Energy performance-based contract procedures; required contract provisions","url":"\/45.2-1703\/","token":"45.2\/V\/17\/2\/45.2-1703","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-1702\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 219<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":80022,"section_number":"62.1-199","catch_line":"Definitions","order_by":null,"url":"\/62.1-199\/"}],"refers_to":[{"id":83635,"section_number":"2.2-4301","catch_line":"Definitions","order_by":null,"url":"\/2.2-4301\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"}],"permalink":{"id":224907,"object_type":"law","relational_id":82924,"identifier":"45.2-1702","token":"45.2\/V\/17\/2\/45.2-1702","url":"\/45.2-1702\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-1702\/","token":"45.2\/V\/17\/2\/45.2-1702","dublin_core":{"Title":" Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-1702","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article:\n\t\t“Contracting entity<\/span>” means any public body as defined in \u00a7 2.2-4301<\/a>.\n\t\t“Energy conservation measures<\/span>” means the use of methods and techniques, the application of knowledge, or the installation of devices, including an alteration or betterment of an existing facility, that reduces energy consumption or operating costs and includes:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Insulation of the facility structure and systems within the facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Installation of storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems, or additional glazing; reductions in glass area; or the completion of other window and door system modifications that reduce energy consumption. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Installation of automatic energy control systems, including related software, or required network communication wiring, computer devices, wiring, and support services, or the design and implementation of major building technology infrastructure with operational improvements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Modification or replacement of heating, ventilating, or air-conditioning systems. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system. Such replacement or modification shall, at a minimum, conform to the applicable provisions of the Uniform Statewide Building Code (§ 36-97<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Installation of energy recovery systems. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Installation of cogeneration systems that produce, in addition to electricity, steam or another form of energy, such as heat, for use primarily within a facility or complex of facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Installation of energy conservation measures<\/span> that provide long-term operating cost reductions and significantly reduce the BTUs consumed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Installation of building technology infrastructure measures that provide long-term operating cost reductions and reduce related operational costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Installation of an energy system, such as solar, biomass, or wind. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Installation of devices that reduce water consumption or sewer charges.\n\t\t\t“Energy cost savings<\/span>” means a measured reduction in fuel, energy, or operation and maintenance costs created from the implementation of one or more energy conservation measures<\/span> when compared with an established baseline for previous fuel, energy, or operation and maintenance costs. When calculating “energy cost savings<\/span>” attributable to the services performed or equipment installed pursuant to a performance-based efficiency contract, maintenance savings<\/span> shall be included.\n\t\t\t“Energy performance-based contract<\/span>” means a contract for the evaluation, recommendation, and implementation of energy conservation measures<\/span> that includes, at a minimum: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The design and installation of equipment to implement one or more such measures and, if applicable, the operation and maintenance of such measures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The amount of any actual annual savings. Such amount shall meet or exceed the total annual contract payments made by the contracting entity<\/span> for such contract. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The financing charges to be incurred by the contracting entity<\/span> for such contract.\n\t\t\t“Maintenance savings<\/span>” means the operating expenses eliminated and future capital replacement expenditures avoided as a result of new equipment installed or services performed by the performance contractor.\n\t\t\t“Performance guarantee bond<\/span>” means the performance bond provided by the energy performance contractor for each year of the energy program in an amount equal to, but no greater than, the guaranteed measured and verifiable annual savings set forth in the program. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n DEFINITIONS (\u00a7 45.2-1702)\n\nAs used in this article:\n\t\t“Contracting entity” means any public body as defined in \u00a7\n2.2-4301.\n\t\t“Energy conservation measures” means the use of methods and\ntechniques, the application of knowledge, or the installation of devices,\nincluding an alteration or betterment of an existing facility, that reduces\nenergy consumption or operating costs and includes:\n\n1. Insulation of the facility structure and systems within the facility.\n\n2. Installation of storm windows and doors, caulking or weatherstripping,\nmultiglazed windows and doors, heat-absorbing or heat-reflective glazed and\ncoated window and door systems, or additional glazing; reductions in glass area;\nor the completion of other window and door system modifications that reduce\nenergy consumption.\n\n3. Installation of automatic energy control systems, including related software,\nor required network communication wiring, computer devices, wiring, and support\nservices, or the design and implementation of major building technology\ninfrastructure with operational improvements.\n\n4. Modification or replacement of heating, ventilating, or air-conditioning\nsystems.\n\n5. Replacement or modification of lighting fixtures to increase the energy\nefficiency of the lighting system. Such replacement or modification shall, at a\nminimum, conform to the applicable provisions of the Uniform Statewide Building\nCode (§ 36-97 et seq.).\n\n6. Installation of energy recovery systems.\n\n7. Installation of cogeneration systems that produce, in addition to\nelectricity, steam or another form of energy, such as heat, for use primarily\nwithin a facility or complex of facilities.\n\n8. Installation of energy conservation measures that provide long-term operating\ncost reductions and significantly reduce the BTUs consumed.\n\n9. Installation of building technology infrastructure measures that provide\nlong-term operating cost reductions and reduce related operational costs.\n\n10. Installation of an energy system, such as solar, biomass, or wind.\n\n11. Installation of devices that reduce water consumption or sewer charges.\n\t\t\t“Energy cost savings” means a measured reduction in fuel, energy,\nor operation and maintenance costs created from the implementation of one or\nmore energy conservation measures when compared with an established baseline for\nprevious fuel, energy, or operation and maintenance costs. When calculating\n“energy cost savings” attributable to the services performed or\nequipment installed pursuant to a performance-based efficiency contract,\nmaintenance savings shall be included.\n\t\t\t“Energy performance-based contract” means a contract for the\nevaluation, recommendation, and implementation of energy conservation measures\nthat includes, at a minimum:\n\n1. The design and installation of equipment to implement one or more such\nmeasures and, if applicable, the operation and maintenance of such measures.\n\n2. The amount of any actual annual savings. Such amount shall meet or exceed the\ntotal annual contract payments made by the contracting entity for such contract.\n\n3. The financing charges to be incurred by the contracting entity for such\ncontract.\n\t\t\t“Maintenance savings” means the operating expenses eliminated and\nfuture capital replacement expenditures avoided as a result of new equipment\ninstalled or services performed by the performance contractor.\n\t\t\t“Performance guarantee bond” means the performance bond provided\nby the energy performance contractor for each year of the energy program in an\namount equal to, but no greater than, the guaranteed measured and verifiable\nannual savings set forth in the program.\n\nHISTORY: 2001, c. 219, \u00a7 11-34.2; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}