[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2267 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2267
To amend the Energy Policy and Conservation Act to provide Federal
financial assistance to States to implement expanded energy savings
performance contracting programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2021
Mr. Welch (for himself, Mr. McKinley, and Ms. Blunt Rochester)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Energy Policy and Conservation Act to provide Federal
financial assistance to States to implement expanded energy savings
performance contracting programs, and for other purposes.
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 ``Improving State and Local
Government Access to Performance Contracting Act''.
SEC. 2. STATE ENERGY SAVINGS PERFORMANCE CONTRACTING PROGRAM EXPANSION.
(a) Program Expansion.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is amended by
adding at the end the following:
``SEC. 367. STATE ENERGY SAVINGS PERFORMANCE CONTRACTING PROGRAM
EXPANSION.
``(a) Assistance.--Upon request of the Governor of any State, the
Secretary shall provide, subject to the availability of funds, Federal
financial assistance to such State to assist such State in the
implementation, improvement, or expansion of a State energy savings
performance contracting program.
``(b) Funding.--
``(1) Supplement.--Federal financial assistance provided to
a State pursuant to this section shall be used to supplement,
not supplant, any Federal, State, or other funds otherwise made
available to such State under--
``(A) this part; or
``(B) the weatherization assistance program
developed and conducted under part A of title IV of the
Energy Conservation and Production Act.
``(2) Availability.--A State may only receive Federal
financial assistance under this section if the Governor of such
State submits a request for such financial assistance not later
than 1 year after the date of enactment of this section.
``(3) Financing.--To the extent practicable, a State shall
implement a State energy savings performance contracting
program primarily utilizing private financing, public
financing, or any other sources of funds.
``(4) Allocation.--In providing Federal financial
assistance to States under this section, the Secretary shall--
``(A) to the extent practicable allocate funds made
available for such purpose--
``(i) in accordance with the formula for
allocating funds described in section 420.11 of
title 10, Code of Federal Regulations, as in
effect on January 1, 2021; and
``(ii) for a fiscal year during such fiscal
year; and
``(B) require any State that is provided financial
assistance and that has not expended such funds within
5 years of receipt to return such funds for
reallocation, to the extent practicable, in accordance
with the formula described in subparagraph (A).
``(c) Definitions.--In this section:
``(1) Energy savings performance contract.--The term
`energy savings performance contract' means a contract that
provides for the performance of services for the design,
acquisition, installation, testing, and, where appropriate,
operation, maintenance, and repair, of an energy conservation
measure, water conservation measure, resiliency-related
measure, utility cost savings measure, or series of measures,
at 1 or more locations.
``(2) State energy savings performance contracting
program.--The term `State energy savings performance
contracting program'--
``(A) means a State program to support the design
and implementation of energy savings performance
contracts, including (to the extent authorized by law)
energy savings performance contracts entered into by
local governments, public educational institutions, and
other public, governmental, and quasi-governmental
entities; and
``(B) may include--
``(i) the development and provision of
model, template, or standardized contracts,
guidelines, procedures, manuals, and other
related documents;
``(ii) a State program for prequalification
and certification of energy savings performance
contractors;
``(iii) provision of technical and
administrative assistance; and
``(iv) monitoring, tracking, and reporting
of energy savings performance contracts,
including identifying the number and value of
contracts, energy savings, water savings, and
financial performance.
``(3) Water conservation measure.--The term `water
conservation measure' means a measure that improves the
efficiency of water use, is life-cycle cost-effective, and
involves water conservation, water recycling or reuse, more
efficient treatment of wastewater or stormwater, improvements
in operation or maintenance efficiencies, retrofit activities,
or other related activities, not at a Federal hydroelectric
facility.''.
(2) Conforming amendments.--
(A) State energy conservation plan inclusion.--
Section 362(d)(5)(A) of the Energy Policy and
Conservation Act (42 U.S.C. 6322(d)(5)(A)) is amended
by inserting ``(including State energy savings
performance contracting programs, as provided in
section 367)'' after ``performance contracting
programs''.
(B) Table of contents amendment.--The table of
contents for the Energy Policy and Conservation Act is
amended by adding after the item relating to section
366 the following:
``Sec. 367. State energy savings performance contracting program
expansion.''.
(b) Authorization of Appropriations.--Section 365(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended--
(1) by striking ``For the purpose of carrying out this
part'' and inserting ``(1) For the purpose of carrying out this
part'';
(2) by striking ``$125,000,000 for each of fiscal years
2007 through 2012'' and inserting ``$100,000,000 for each of
fiscal years 2022 through 2026''; and
(3) by adding at the end the following:
``(2) In addition to the authorization of appropriations
under paragraph (1), for the purposes of carrying out section
367, there are authorized to be appropriated $50,000,000 for
each of fiscal years 2022 through 2026.''.
SEC. 3. OTHER ASSISTANCE.
(a) Technical Assistance.--Upon request by a State energy agency,
the Secretary shall provide information and technical assistance in the
development and implementation of a State energy savings performance
contracting program.
(b) Project Facilitator Certification Program.--
(1) Establishment.--The Secretary, in consultation with
States and the private sector, shall establish a national
project facilitator certification program to expand the
availability of individuals, including State and local
government employees and independent private sector
professionals, who are trained and certified to work on behalf
of the State and local government as project facilitators who
will--
(A) ensure that a project carried out under an
energy savings performance contract under a State
energy savings performance contracting program achieves
the energy cost savings and performance requirements
set forth in the contracts developed under such State
energy savings performance contracting program; and
(B) otherwise assist with the oversight of projects
described in subparagraph (A).
(2) Contents.--In carrying out the program established
pursuant to paragraph (1), the Secretary may--
(A) train and certify individuals as project
facilitators described in paragraph (1);
(B) develop model criteria for the certification
and training of individuals to become project
facilitators described in paragraph (1); and
(C) transition, over a four-year period, the
training and certification activities of the Secretary
with respect to a State to a non-profit entity managed
by the applicable State energy agency, and funded with
fees generated through the certification process.
(c) Definitions.--In this section:
(1) Energy savings performance contract and state energy
savings performance contracting program.--The terms ``energy
savings performance contract'' and ``State energy savings
performance contracting program'' have the meaning given such
terms in section 367(c) of the Energy Policy and Conservation
Act (as added by section 2 of this Act)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) State energy agency.--The term ``State energy agency''
has the meaning given such term in section 391(10) of the
Energy Policy and Conservation Act (42 U.S.C. 6371(10)).
(d) Funding.--The Secretary may use amounts made available to carry
out the programs and activities of the Office of Strategic Programs
within the Office of Energy Efficiency and Renewable Energy of the
Department of Energy to carry out this section.
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