Text: H.R.2689 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Reported in House (11/19/2014)

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