I 

113TH CONGRESS 

1ST SESSION H. R. 1659 

To provide for utilizing energy savings performance contracts and utility 

energy service contracts. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2013 

Mr. WELCH (for himself and Mr. GARDNER) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To provide for utilizing energy savings performance contracts 

and utility energy service contracts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Buildings En5 ergy Savings Act of 2013’’. 

6 SEC. 2. UTILIZING ENERGY SAVINGS PERFORMANCE CON7 TRACTS AND UTILITY ENERGY SERVICE CON8 TRACTS. 

9 (a) IMPLEMENTATION OF ENERGY MANAGEMENT

10 REQUIREMENTS.—Section 543(f)(10) of the National EnVerDate Mar 15 2010 23:40 Apr 26, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1659.IH H1659

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1 ergy Conservation Policy Act (42 U.S.C. 8253(f)(10)) is 

2 amended— 

3 (1) in subparagraph (B)(i), by striking ‘‘To 

4 carry’’ and inserting ‘‘To the extent consistent with 

5 subparagraph (C), to carry’’; 

6 (2) in subparagraph (B)(ii), by striking ‘‘A 

7 Federal’’ and inserting ‘‘To the extent consistent 

8 with subparagraph (C), a Federal’’; and 

9 (3) by amending subparagraph (C) to read as 

10 follows: 

11 ‘‘(C) IMPLEMENTATION.— 

12 ‘‘(i) GENERAL RULE.—Except as pro13 vided in clause (i) or (ii) of this subpara14 graph, each Federal agency shall imple15 ment the requirements under this sub16 section through private financing described 

17 in subparagraph (B)(i)(II). 

18 ‘‘(ii) EXCEPTION.—A Federal agency 

19 may implement the requirements under 

20 this subsection using appropriated funds 

21 described in subparagraph (B)(i)(I) if im22 plementation pursuant to clause (i) of this 

23 subparagraph conflicts with the primary 

24 mission of the agency or facility, or if 

25 greater cost savings can be generated 


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1 under a different program. A Federal 

2 agency shall provide a written justification 

3 for any decision to implement such require4 ments under this clause, including an anal5 ysis of the impact of such decision on the 

6 taxpayer. 

7 ‘‘(iii) FEDERAL ADMINISTRATIVE

8 COSTS.—A Federal agency may implement 

9 the requirements under this subsection 

10 using appropriated funds described in sub11 paragraph (B)(i)(I) to the extent necessary 

12 to cover Federal administrative costs with 

13 respect to implementation pursuant to 

14 clause (i) of this subparagraph.’’. 

15 (b) TERMINATION CLAUSES.—Section 801(b)(2) of 

16 the National Energy Conservation Policy Act (42 U.S.C. 

17 8287(b)(2)) is amended— 

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (B); 

20 (2) by striking the period at the end of sub21 paragraph (C)(iv) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(D) require each agency to include in con25 tracts appropriate termination clauses for faciliVerDate Mar 15 2010 23:40 Apr 26, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1659.IH H1659

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1 ties that will or may close before the end of the 

2 term of the contract.’’. 

3 (c) ESPCS FOR ELECTRIC VEHICLES AND FUELING

4 INFRASTRUCTURE.—Section 804 of the National Energy 

5 Conservation Policy Act (42 U.S.C. 8287c) is amended— 

6 (1) by striking ‘‘or’’ at the end of subparagraph 

7 (A); 

8 (2) by striking the period at the end of sub9 paragraph (B) and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new sub11 paragraph: 

12 ‘‘(C) a measure to support the use of elec13 tric vehicles or the fueling or charging infra14 structure necessary for electric vehicles.’’. 

15 (d) UESCS FOR ELECTRIC VEHICLES AND FUELING

16 INFRASTRUCTURE.—Section 546 of the National Energy 

17 Conservation Policy Act (42 U.S.C. 8256) is amended in 

18 subsection (c)(1) by inserting ‘‘, including measures taken 

19 to finance the acquisition or use of electric-powered vehi20 cles or their fueling infrastructure,’’ after ‘‘demand’’. 

Æ 


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