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Chapter 310 of the Laws of 2026 amended Education Law 搂 3602(6)(i)(5)(i)(C) to extend the maximum term for guaranteed recovery of Energy Performance Contract (EPC) costs from 18 years to 25 years. The amendment was signed into law on September 28, 2026, and took effect immediately. The amended provision states 鈥淐. The energy performance contractor shall guarantee recovery of contract costs from energy savings realized by the school district during the term of the energy performance contract, which shall not exceed twenty-five years.鈥�

To align with the amendment, 快猫成版视频 Office of Facilities Planning (OFP) offers the following guidance regarding the applicable Simple Payback (SPB) period:

The 25-Year SPB听May Apply To:

• All new EPCs submitted to OFP on or after September 28, 2026.
• EPCs that have been submitted to OFP but have not yet been approved:
  • If the district and Energy Services Company (ESCO) wish to add additional measures to the EPC, the existing EPC must be canceled and resubmitted.
  • If the district and ESCO wish to expand or modify existing measures, the EPC may remain under review. However, the OFP reviewer must be notified of the proposed changes before approval is issued.

The 18-Year SPB听Must Remain For:

• EPCs that have received approval by 快猫成版视频 OFP before September 28, 2026. However, if an approved EPC has not yet begun construction, the district may elect to cancel the approved EPC and resubmit it for review under the 25-year SPB provisions.

For questions regarding the 25-year EPC SPB requirements or the applicability of the amended law to a specific project, please contact OFPEngSupport@nysed.gov.

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