I 

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. 

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 

6 Act’’. 


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

3 (a) PROGRAM EXPANSION.— 

4 (1) IN GENERAL.—Part D of title III of the 

5 Energy Policy and Conservation Act (42 U.S.C. 

6 6321 et seq.) is amended by adding at the end the 

7 following: 

8 ‘‘SEC. 367. STATE ENERGY SAVINGS PERFORMANCE CON9 TRACTING PROGRAM EXPANSION. 

10 ‘‘(a) ASSISTANCE.—Upon request of the Governor of 

11 any State, the Secretary shall provide, subject to the avail12 ability of funds, Federal financial assistance to such State 

13 to assist such State in the implementation, improvement, 

14 or expansion of a State energy savings performance con15 tracting program. 

16 ‘‘(b) FUNDING.— 

17 ‘‘(1) SUPPLEMENT.—Federal financial assist18 ance provided to a State pursuant to this section 

19 shall be used to supplement, not supplant, any Fed20 eral, State, or other funds otherwise made available 

21 to such State under— 

22 ‘‘(A) this part; or 

23 ‘‘(B) the weatherization assistance pro24 gram developed and conducted under part A of 

25 title IV of the Energy Conservation and Pro26 duction Act. 


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1 ‘‘(2) AVAILABILITY.—A State may only receive 

2 Federal financial assistance under this section if the 

3 Governor of such State submits a request for such 

4 financial assistance not later than 1 year after the 

5 date of enactment of this section. 

6 ‘‘(3) FINANCING.—To the extent practicable, a 

7 State shall implement a State energy savings per8 formance contracting program primarily utilizing 

9 private financing, public financing, or any other 

10 sources of funds. 

11 ‘‘(4) ALLOCATION.—In providing Federal finan12 cial assistance to States under this section, the Sec13 retary shall— 

14 ‘‘(A) to the extent practicable allocate 

15 funds made available for such purpose— 

16 ‘‘(i) in accordance with the formula 

17 for allocating funds described in section 

18 420.11 of title 10, Code of Federal Regula19 tions, as in effect on January 1, 2021; and 

20 ‘‘(ii) for a fiscal year during such fis21 cal year; and 

22 ‘‘(B) require any State that is provided fi23 nancial assistance and that has not expended 

24 such funds within 5 years of receipt to return 

25 such funds for reallocation, to the extent pracVerDate Sep 11 2014 01:29 May 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2267.IH H2267

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1 ticable, in accordance with the formula de2 scribed in subparagraph (A). 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) ENERGY SAVINGS PERFORMANCE CON5 TRACT.—The term ‘energy savings performance con6 tract’ means a contract that provides for the per7 formance of services for the design, acquisition, in8 stallation, testing, and, where appropriate, operation, 

9 maintenance, and repair, of an energy conservation 

10 measure, water conservation measure, resiliency-re11 lated measure, utility cost savings measure, or series 

12 of measures, at 1 or more locations. 

13 ‘‘(2) STATE ENERGY SAVINGS PERFORMANCE

14 CONTRACTING PROGRAM.—The term ‘State energy 

15 savings performance contracting program’— 

16 ‘‘(A) means a State program to support 

17 the design and implementation of energy sav18 ings performance contracts, including (to the 

19 extent authorized by law) energy savings per20 formance contracts entered into by local govern21 ments, public educational institutions, and 

22 other public, governmental, and quasi-govern23 mental entities; and 

24 ‘‘(B) may include— 


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1 ‘‘(i) the development and provision of 

2 model, template, or standardized contracts, 

3 guidelines, procedures, manuals, and other 

4 related documents; 

5 ‘‘(ii) a State program for prequalifica6 tion and certification of energy savings 

7 performance contractors; 

8 ‘‘(iii) provision of technical and ad9 ministrative assistance; and 

10 ‘‘(iv) monitoring, tracking, and report11 ing of energy savings performance con12 tracts, including identifying the number 

13 and value of contracts, energy savings, 

14 water savings, and financial performance. 

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

16 term ‘water conservation measure’ means a measure 

17 that improves the efficiency of water use, is life-cycle 

18 cost-effective, and involves water conservation, water 

19 recycling or reuse, more efficient treatment of waste20 water or stormwater, improvements in operation or 

21 maintenance efficiencies, retrofit activities, or other 

22 related activities, not at a Federal hydroelectric fa23 cility.’’. 

24 (2) CONFORMING AMENDMENTS.— 


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1 (A) STATE ENERGY CONSERVATION PLAN

2 INCLUSION.—Section 362(d)(5)(A) of the En3 ergy Policy and Conservation Act (42 U.S.C. 

4 6322(d)(5)(A)) is amended by inserting ‘‘(in5 cluding State energy savings performance con6 tracting programs, as provided in section 367)’’ 

7 after ‘‘performance contracting programs’’. 

8 (B) TABLE OF CONTENTS AMENDMENT.— 

9 The table of contents for the Energy Policy and 

10 Conservation Act is amended by adding after 

11 the item relating to section 366 the following: 

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

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 365(f) of the Energy Policy and Conservation Act (42 

14 U.S.C. 6325(f)) is amended— 

15 (1) by striking ‘‘For the purpose of carrying 

16 out this part’’ and inserting ‘‘(1) For the purpose of 

17 carrying out this part’’; 

18 (2) by striking ‘‘$125,000,000 for each of fiscal 

19 years 2007 through 2012’’ and inserting 

20 ‘‘$100,000,000 for each of fiscal years 2022 through 

21 2026’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(2) In addition to the authorization of appro24 priations under paragraph (1), for the purposes of 

25 carrying out section 367, there are authorized to be 


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1 appropriated $50,000,000 for each of fiscal years 

2 2022 through 2026.’’. 

3 SEC. 3. OTHER ASSISTANCE. 

4 (a) TECHNICAL ASSISTANCE.—Upon request by a 

5 State energy agency, the Secretary shall provide informa6 tion and technical assistance in the development and im7 plementation of a State energy savings performance con8 tracting program. 

9 (b) PROJECT FACILITATOR CERTIFICATION PRO10 GRAM.— 

11 (1) ESTABLISHMENT.—The Secretary, in con12 sultation with States and the private sector, shall es13 tablish a national project facilitator certification pro14 gram to expand the availability of individuals, in15 cluding State and local government employees and 

16 independent private sector professionals, who are 

17 trained and certified to work on behalf of the State 

18 and local government as project facilitators who 

19 will— 

20 (A) ensure that a project carried out under 

21 an energy savings performance contract under a 

22 State energy savings performance contracting 

23 program achieves the energy cost savings and 

24 performance requirements set forth in the conVerDate Sep 11 2014 01:29 May 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2267.IH H2267

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1 tracts developed under such State energy sav2 ings performance contracting program; and 

3 (B) otherwise assist with the oversight of 

4 projects described in subparagraph (A). 

5 (2) CONTENTS.—In carrying out the program 

6 established pursuant to paragraph (1), the Secretary 

7 may— 

8 (A) train and certify individuals as project 

9 facilitators described in paragraph (1); 

10 (B) develop model criteria for the certifi11 cation and training of individuals to become 

12 project facilitators described in paragraph (1); 

13 and 

14 (C) transition, over a four-year period, the 

15 training and certification activities of the Sec16 retary with respect to a State to a non-profit 

17 entity managed by the applicable State energy 

18 agency, and funded with fees generated through 

19 the certification process. 

20 (c) DEFINITIONS.—In this section: 

21 (1) ENERGY SAVINGS PERFORMANCE CONTRACT

22 AND STATE ENERGY SAVINGS PERFORMANCE CON23 TRACTING PROGRAM.—The terms ‘‘energy savings 

24 performance contract’’ and ‘‘State energy savings 

25 performance contracting program’’ have the meaning 


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1 given such terms in section 367(c) of the Energy 

2 Policy and Conservation Act (as added by section 2 

3 of this Act)). 

4 (2) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Energy. 

6 (3) STATE ENERGY AGENCY.—The term ‘‘State 

7 energy agency’’ has the meaning given such term in 

8 section 391(10) of the Energy Policy and Conserva9 tion Act (42 U.S.C. 6371(10)). 

10 (d) FUNDING.—The Secretary may use amounts 

11 made available to carry out the programs and activities 

12 of the Office of Strategic Programs within the Office of 

13 Energy Efficiency and Renewable Energy of the Depart14 ment of Energy to carry out this section. 

Æ 


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