P.R. Laws tit. 3, § 8972
During the term of effectiveness of the energy savings performance contract, the qualified energy savings company shall assess any savings in energy consumption generated by reason of the energy conservation and efficiency measures implemented under the contract, as well as any costs attributable to the implementation of such measures. At least once every three (3) months per year under contract, the energy savings company shall submit a report to the government unit and the Administration whereby the results of energy conservation and efficiency measures, as well as renewable energy measures, shall be ascertained pursuant to the criteria set forth in this chapter and the regulations approved thereunder. A licensed independent engineer certified by the College of Engineers and Surveyors of Puerto Rico shall certify the accuracy of the savings stated on the report. The qualified energy savings company may make recommendations and suggest that the government unit modify any savings computations, as established in the Contract, solely and exclusively under the following circumstances:
(a) Any substantial changes in the basic energy consumption identified at the beginning of the energy savings performance contract;
(b) any unforeseeable substantial changes in public utility rates;
(c) any changes in the period covered by the public utility bill;
(d) any changes in the total surface area of the building;
(e) any changes in the operating plan of the government unit's facilities;
(f) any changes in the temperature of the government unit's facilities;
(g) any significant changes in the amount of equipment or lighting in the facilities, and
(h) any other change that could be construed to reasonably modify electric power use or costs.
Government units and qualified energy savings companies shall state on a report to the Administration, the name of the project under the energy savings performance contract, the investment, and the savings in electric power consumption as agreed in the contract in question. Such information shall be furnished to the Office within a term of sixty (60) days after the date of award of the energy savings performance contract. The Administration shall be empowered to impose fines on qualified energy savings companies if these should fail to submit such reports within the term provided for in this section. This fine shall not exceed $2,500.00 for each report not filed on time.
History —Jan. 17, 2012, No. 19, § 2.11.