II 

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. 

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 ‘‘Improving State and 

5 Local Government Access to Performance Contracting Act 

6 of 2024’’. 


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1 SEC. 2. STATE ENERGY SAVINGS PERFORMANCE CON2 TRACTING PROGRAM EXPANSION. 

3 (a) IN GENERAL.—Part D of title III of the Energy 

4 Policy and Conservation Act (42 U.S.C. 6321 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 367. STATE ENERGY SAVINGS PERFORMANCE CON7 TRACTING PROGRAM EXPANSION. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) ENERGY SAVINGS PERFORMANCE CON10 TRACT.—The term ‘energy savings performance con11 tract’ means a contract that provides for the per12 formance of services for the design, acquisition, in13 stallation, testing, and, as appropriate, operation, 

14 maintenance, and repair, of an energy conservation 

15 measure, water conservation measure, resiliency-re16 lated measure, utility cost savings measure, or series 

17 of such measures at 1 or more locations. 

18 ‘‘(2) STATE ENERGY SAVINGS PERFORMANCE

19 CONTRACTING PROGRAM.—The term ‘State energy 

20 savings performance contracting program’ means a 

21 State program— 

22 ‘‘(A) to support the design and implemen23 tation of energy savings performance contracts, 

24 including, to the extent authorized by law, en25 ergy savings performance contracts entered into 

26 by State or local governments, public eduVerDate Sep 11 2014 01:46 Feb 11, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3753.IS S3753

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1 cational institutions, and other public, govern2 mental, and quasigovernmental entities in the 

3 State; 

4 ‘‘(B) part of which is to support efficiency 

5 improvements in rural and underserved commu6 nities; and 

7 ‘‘(C) that may include— 

8 ‘‘(i) the development and provision of 

9 model, template, or standardized contracts, 

10 guidelines, procedures, manuals, and other 

11 related documents; 

12 ‘‘(ii) a State program for 

13 prequalification and certification of energy 

14 savings performance contractors; 

15 ‘‘(iii) provision of technical and ad16 ministrative assistance; and 

17 ‘‘(iv) monitoring, tracking, and report18 ing of energy savings performance con19 tracts, including identifying the number 

20 and value of contracts, energy savings, 

21 water savings, and financial performance. 

22 ‘‘(3) WATER CONSERVATION MEASURE.—The 

23 term ‘water conservation measure’ means a measure 

24 that— 

25 ‘‘(A) improves the efficiency of water use; 


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1 ‘‘(B) is life-cycle cost-effective; and 

2 ‘‘(C) involves water conservation, water re3 cycling or reuse, more efficient treatment of 

4 wastewater or stormwater, improvements in op5 eration or maintenance efficiencies, retrofit ac6 tivities, or other related activities that do not 

7 occur at a Federal hydroelectric facility. 

8 ‘‘(b) FINANCIAL ASSISTANCE.—On request of the 

9 Governor of a State by not later than 1 year after the 

10 date of enactment of this section, the Secretary shall pro11 vide, subject to the availability of funds, financial assist12 ance to the State energy agency (as defined in section 

13 391) for the implementation, improvement, or expansion 

14 of a State energy savings performance contracting pro15 gram. 

16 ‘‘(c) USE OF FUNDS.— 

17 ‘‘(1) SUPPLEMENT.—Financial assistance pro18 vided to a State under subsection (b) shall be used 

19 to supplement, not supplant, any other Federal, 

20 State, or other funds made available to that State 

21 under— 

22 ‘‘(A) this part; or 

23 ‘‘(B) the weatherization assistance pro24 gram established under part A of title IV of the 


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1 Energy Conservation and Production Act (42 

2 U.S.C. 6861 et seq.). 

3 ‘‘(2) OTHER SOURCES.—To the maximum ex4 tent practicable, a State receiving financial assist5 ance under subsection (b) shall implement, improve, 

6 or expand a State energy savings performance con7 tracting program by primarily using private financ8 ing, public financing, or any other source of Federal 

9 or non-Federal funds. 

10 ‘‘(3) RETURN OF UNUSED FUNDS.—A State 

11 that receives financial assistance under subsection 

12 (b) but does not expend those funds within 5 years 

13 of receipt of the funds shall return the unexpended 

14 funds to the Secretary. 

15 ‘‘(d) ALLOCATION.—In providing financial assistance 

16 to States under subsection (b), the Secretary shall— 

17 ‘‘(1) to the maximum extent practicable, allo18 cate funds made available for that purpose— 

19 ‘‘(A) in accordance with the formula de20 scribed in section 420.11 of title 10, Code of 

21 Federal Regulations (as in effect on January 1, 

22 2021); and 

23 ‘‘(B) during the fiscal year for which the 

24 allocation is made; and 


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1 ‘‘(2) reallocate, to the maximum extent prac2 ticable, any funds returned under subsection (c)(3) 

3 in accordance with the formula described in para4 graph (1)(A). 

5 ‘‘(e) TECHNICAL ASSISTANCE.—On request of a 

6 State agency, the Secretary shall provide information and 

7 technical assistance in the development and implementa8 tion of a State energy savings performance contracting 

9 program. 

10 ‘‘(f) PROJECT FACILITATOR CERTIFICATION PRO11 GRAM.— 

12 ‘‘(1) IN GENERAL.—The Secretary, in consulta13 tion with States and the private sector, shall estab14 lish a national project facilitator certification pro15 gram to expand the availability of individuals, in16 cluding State and local government employees and 

17 independent private sector professionals, who are 

18 trained and certified to work on behalf of a State or 

19 local government to be project facilitators who will— 

20 ‘‘(A) ensure that a project carried out 

21 under an energy savings performance contract 

22 under a State energy savings performance con23 tracting program achieves the energy cost sav24 ings and performance requirements set forth in 

25 the contract; and 


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1 ‘‘(B) otherwise assist with the oversight of 

2 projects described in subparagraph (A). 

3 ‘‘(2) ACTIVITIES.—In carrying out the program 

4 established under paragraph (1), the Secretary 

5 may— 

6 ‘‘(A) train and certify individuals as 

7 project facilitators described in paragraph (1); 

8 ‘‘(B) develop model criteria for the certifi9 cation and training of individuals to become 

10 project facilitators described in paragraph (1); 

11 and 

12 ‘‘(C) transition, over a 4-year period, the 

13 training and certification activities of the Sec14 retary described in subparagraph (A) to a non15 profit entity funded with fees generated through 

16 the certification process. 

17 ‘‘(g) FUNDING.— 

18 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—In 

19 addition to funds authorized to be appropriated 

20 under section 365(f), there is authorized to be ap21 propriated to the Secretary to carry out this section 

22 (except for subsections (e) and (f)) $35,000,000 for 

23 each of fiscal years 2024 through 2028. 

24 ‘‘(2) AVAILABLE AMOUNTS.—Of amounts made 

25 available to carry out the programs and activities of 


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1 the Federal Energy Management Program of the 

2 Department of Energy each fiscal year, the Sec3 retary shall use not more than $2,000,000 each fis4 cal year to carry out subsections (e) and (f).’’. 

5 (b) CONFORMING AMENDMENT.—Section 

6 362(d)(5)(A) of the Energy Policy and Conservation Act 

7 (42 U.S.C. 6322(d)(5)(A)) is amended by inserting ‘‘, in8 cluding State energy savings performance contracting pro9 grams under section 367,’’ after ‘‘performance contracting 

10 programs’’. 

11 (c) TECHNICAL AMENDMENT.—The table of contents 

12 for the Energy Policy and Conservation Act (Public Law 

13 94–163; 89 Stat. 872) is amended by inserting after the 

14 item relating to section 366 the following: 

‘‘Sec. 367. State energy savings performance contracting program expansion.’’. 

Æ 


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