[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 858
To amend the National Energy Conservation Policy Act to encourage the
increased use of performance contracting in Federal facilities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2015
Mr. Gardner (for himself, Mr. Coons, Mr. Portman, and Mrs. Shaheen)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
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 2015''.
SEC. 2. FINDINGS.
Congress finds that--
(1) private sector funding and expertise can help address
the energy efficiency challenges facing the United States;
(2) the Federal Government spends more than $6,000,000,000
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 using 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; and
(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 indenting appropriately;
(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:
``(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:
``(5)(A) the status of the energy savings performance
contracts and utility energy service contracts of each agency;
``(B) the investment value of the contracts;
``(C) the guaranteed energy savings for the previous year
as compared to the actual energy savings for the previous year;
``(D) the plan for entering into the contracts in the
coming year; and
``(E) information explaining why any previously submitted
plans for the contracts were not implemented.''.
(c) Definition of Energy Conservation Measures.--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:
``(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 combination 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)(2)) 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 the
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) Definition of Energy Savings.--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)'' 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:
``(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.''.
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