[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2689 Reported in House (RH)]
Union Calendar No. 467
113th CONGRESS
2d Session
H. R. 2689
[Report No. 113-627]
To amend the National Energy Conservation Policy Act to encourage the
increased use of performance contracting in Federal facilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 16, 2013
Mr. Gardner (for himself, Mr. Welch, Mr. Coffman, Mrs. Roby, Mr.
Kinzinger of Illinois, Mr. Matheson, Mr. Griffin of Arkansas, Ms.
Kuster, Ms. Bordallo, Mr. Peters of California, Mr. Huffman, Mr. Bera
of California, Mr. Nolan, Mr. Lowenthal, Mr. McNerney, Mr. Young of
Indiana, Mr. Moran, Mr. Schrader, Mr. Blumenauer, Mr. Maffei, Mr.
Loebsack, Mr. Cooper, Mr. Bishop of Georgia, Mr. Cicilline, Mr. Sean
Patrick Maloney of New York, and Mr. Owens) introduced the following
bill; which was referred to the Committee on Energy and Commerce
November 19, 2014
Additional sponsors: Mr. Wolf, Mr. Barrow of Georgia, Mr. Mulvaney, Mr.
Rodney Davis of Illinois, Mr. Reed, Ms. Jenkins, Mr. Dent, Ms. Gabbard,
Mrs. Bustos, Ms. Sinema, Mr. Gibson, Mr. Fattah, Mr. Ruiz, Ms. Brownley
of California, Mr. Murphy of Florida, Mr. Ribble, Mr. Runyan, Mr.
McKinley, Mr. Paulsen, Mr. Hanna, Ms. Esty, Mr. Gene Green of Texas,
Mr. Himes, Mr. Guthrie, Mr. Cartwright, Mr. Garcia, Mr. Joyce, Mr.
Schneider, Mr. Delaney, and Mr. Kilmer
November 19, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
16, 2013]
_______________________________________________________________________
A BILL
To amend the National Energy Conservation Policy Act to encourage the
increased use of performance contracting in Federal facilities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Savings Through Public-
Private Partnerships Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Private sector funding and expertise can help address
the energy efficiency challenges facing the United States.
(2) The Federal Government spends more than $6 billion
annually in energy costs.
(3) Reducing Federal energy costs can help save money,
create jobs, and reduce waste.
(4) Energy savings performance contracts and utility energy
service contracts are tools for utilizing private sector
investment to upgrade Federal facilities without any up-front
cost to the taxpayer.
(5) Performance contracting is a way to retrofit Federal
buildings using private sector investment in the absence of
appropriated dollars.
(6) Retrofits that reduce energy use also improve
infrastructure, protect national security, and cut facility
operations and maintenance costs.
SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL
BUILDINGS.
(a) Energy Management Requirements.--Section 543(f)(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively and by moving the margins 2 ems to
the right;
(2) by striking ``Not later than'' and inserting the
following:
``(A) In general.--Not later than''; and
(3) by adding at the end the following new subparagraph:
``(B) Measures not implemented.--Each energy
manager, as part of the certification system under
paragraph (7) and using guidelines developed by the
Secretary, shall provide an explanation regarding any
life-cycle cost-effective measures described in
subparagraph (A)(i) that have not been implemented.''.
(b) Reports.--Section 548(b) of the National Energy Conservation
Policy Act (42 U.S.C. 8258(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) the status of each agency's energy savings
performance contracts and utility energy service contracts, the
investment value of such contracts, the guaranteed energy
savings for the previous year as compared to the actual energy
savings for the previous year, the plan for entering into such
contracts in the coming year, and information explaining why
any previously submitted plans for such contracts were not
implemented.''.
(c) Federal Energy Management Definitions.--Section 551(4) of the
National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended
by striking ``or retrofit activities'' and inserting ``retrofit
activities, or energy consuming devices and required support
structures''.
(d) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is
amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) limit the recognition of operation
and maintenance savings associated with systems
modernized or replaced with the implementation
of energy conservation measures, water
conservation measures, or any series of energy
conservation measures and water conservation
measures.''.
(e) Miscellaneous Authority.--Section 801(a)(2) of the National
Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding
at the end the following:
``(H) Miscellaneous authority.--Notwithstanding any
other provision of law, a Federal agency may sell or
transfer energy savings and apply the proceeds of such
sale or transfer to fund a contract under this
title.''.
(f) Payment of Costs.--Section 802 of the National Energy
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and
related operation and maintenance expenses)'' and inserting ``,
including related operations and maintenance expenses''.
(g) Energy Savings Performance Contracts Definitions.--Section
804(2) of the National Energy Conservation Policy Act (42 U.S.C.
8287c(2)) is amended--
(1) in subparagraph (A), by striking ``federally owned
building or buildings or other federally owned facilities'' and
inserting ``Federal building (as defined in section 551 (42
U.S.C. 8259))'' each place it appears;
(2) in subparagraph (C) , by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following new subparagraphs:
``(E) the use, sale, or transfer of energy
incentives, rebates, or credits (including renewable
energy credits) from Federal, State, or local
governments or utilities; and
``(F) any revenue generated from a reduction in
energy or water use, more efficient waste recycling, or
additional energy generated from more efficient
equipment.''.
Union Calendar No. 467
113th CONGRESS
2d Session
H. R. 2689
[Report No. 113-627]
_______________________________________________________________________
A BILL
To amend the National Energy Conservation Policy Act to encourage the
increased use of performance contracting in Federal facilities.
_______________________________________________________________________
November 19, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed