[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3753 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3753
To amend the Energy Policy and Conservation Act to provide financial
assistance to States to implement expanded energy savings performance
contracting programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2024
Mr. Welch (for himself, Mr. Coons, Mrs. Shaheen, Mr. Van Hollen, and
Ms. Smith) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Energy Policy and Conservation Act to provide 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 of 2024''.
SEC. 2. STATE ENERGY SAVINGS PERFORMANCE CONTRACTING PROGRAM EXPANSION.
(a) 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) 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, as appropriate,
operation, maintenance, and repair, of an energy conservation
measure, water conservation measure, resiliency-related
measure, utility cost savings measure, or series of such
measures at 1 or more locations.
``(2) State energy savings performance contracting
program.--The term `State energy savings performance
contracting program' means a State program--
``(A) 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 State or local governments,
public educational institutions, and other public,
governmental, and quasigovernmental entities in the
State;
``(B) part of which is to support efficiency
improvements in rural and underserved communities; and
``(C) that 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--
``(A) improves the efficiency of water use;
``(B) is life-cycle cost-effective; and
``(C) 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 that do not occur at a Federal hydroelectric
facility.
``(b) Financial Assistance.--On request of the Governor of a State
by not later than 1 year after the date of enactment of this section,
the Secretary shall provide, subject to the availability of funds,
financial assistance to the State energy agency (as defined in section
391) for the implementation, improvement, or expansion of a State
energy savings performance contracting program.
``(c) Use of Funds.--
``(1) Supplement.--Financial assistance provided to a State
under subsection (b) shall be used to supplement, not supplant,
any other Federal, State, or other funds made available to that
State under--
``(A) this part; or
``(B) the weatherization assistance program
established under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861 et
seq.).
``(2) Other sources.--To the maximum extent practicable, a
State receiving financial assistance under subsection (b) shall
implement, improve, or expand a State energy savings
performance contracting program by primarily using private
financing, public financing, or any other source of Federal or
non-Federal funds.
``(3) Return of unused funds.--A State that receives
financial assistance under subsection (b) but does not expend
those funds within 5 years of receipt of the funds shall return
the unexpended funds to the Secretary.
``(d) Allocation.--In providing financial assistance to States
under subsection (b), the Secretary shall--
``(1) to the maximum extent practicable, allocate funds
made available for that purpose--
``(A) in accordance with the formula described in
section 420.11 of title 10, Code of Federal Regulations
(as in effect on January 1, 2021); and
``(B) during the fiscal year for which the
allocation is made; and
``(2) reallocate, to the maximum extent practicable, any
funds returned under subsection (c)(3) in accordance with the
formula described in paragraph (1)(A).
``(e) Technical Assistance.--On request of a State agency, the
Secretary shall provide information and technical assistance in the
development and implementation of a State energy savings performance
contracting program.
``(f) Project Facilitator Certification Program.--
``(1) In general.--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 a State or local government to be 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 contract; and
``(B) otherwise assist with the oversight of
projects described in subparagraph (A).
``(2) Activities.--In carrying out the program established
under 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 4-year period, the
training and certification activities of the Secretary
described in subparagraph (A) to a nonprofit entity
funded with fees generated through the certification
process.
``(g) Funding.--
``(1) Authorization of appropriations.--In addition to
funds authorized to be appropriated under section 365(f), there
is authorized to be appropriated to the Secretary to carry out
this section (except for subsections (e) and (f)) $35,000,000
for each of fiscal years 2024 through 2028.
``(2) Available amounts.--Of amounts made available to
carry out the programs and activities of the Federal Energy
Management Program of the Department of Energy each fiscal
year, the Secretary shall use not more than $2,000,000 each
fiscal year to carry out subsections (e) and (f).''.
(b) Conforming Amendment.--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 under section 367,'' after ``performance contracting
programs''.
(c) Technical Amendment.--The table of contents for the Energy
Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is
amended by inserting after the item relating to section 366 the
following:
``Sec. 367. State energy savings performance contracting program
expansion.''.
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