II 

113TH CONGRESS 

1ST SESSION S. 1308 

To amend the National Energy Conservation Policy Act to encourage the 

increased use of performance contracting in Federal facilities. 

IN THE SENATE OF THE UNITED STATES 

JULY 16 (legislative day, JULY 15), 2013 

Mr. COONS introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To amend the National Energy Conservation Policy Act to 

encourage the increased use of performance contracting 

in Federal facilities. 

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 ‘‘Energy Savings 

5 Through Public-Private Partnerships Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Private sector funding and expertise can 

9 help address the energy efficiency challenges facing 

10 the United States. 


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1 (2) The Federal Government spends more than 

2 $6 billion annually in energy costs. 

3 (3) Reducing Federal energy costs can help 

4 save money, create jobs, and reduce waste. 

5 (4) Energy savings performance contracts and 

6 utility energy service contracts are tools for utilizing 

7 private sector investment to upgrade Federal facili8 ties without any up-front cost to the taxpayer. 

9 (5) Performance contracting is a way to retrofit 

10 Federal buildings using private sector investment in 

11 the absence of appropriated dollars. Retrofits seek to 

12 reduce energy use, improve infrastructure, protect 

13 national security, and cut facility operations and 

14 maintenance costs. 

15 SEC. 3. USE OF ENERGY EFFICIENCY MEASURES IN FED16 ERAL BUILDINGS. 

17 (a) IMPLEMENTATION OF IDENTIFIED ENERGY EF18 FICIENCY MEASURES.—Section 543(f)(4) of the National 

19 Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) 

20 is amended to read as follows: 

21 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY

22 EFFICIENCY MEASURES.— 

23 ‘‘(A) IN GENERAL.—Not later than 2 years 

24 after the completion of each evaluation under 


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1 paragraph (3), each energy manager shall con2 sider— 

3 ‘‘(i) implementing any energy-saving 

4 or conservation measure that the Federal 

5 agency identified in the evaluation con6 ducted under paragraph (3) that is life 

7 cycle cost-effective; and 

8 ‘‘(ii) bundling individual measures of 

9 varying paybacks together into combined 

10 projects. 

11 ‘‘(B) MEASURES NOT IMPLEMENTED.— 

12 The energy manager, as part of the certification 

13 system under paragraph (7) and using guide14 lines developed by the Secretary, shall provide 

15 reasons for not implementing any life cycle 

16 cost-effective measures under subparagraph 

17 (A).’’. 

18 (b) ANNUAL CONTRACTING GOAL.—Section 

19 543(f)(10)(C) of the National Energy Conservation Policy 

20 Act (42 U.S.C. 8253(f)(10)(C)) is amended— 

21 (1) by striking ‘‘Each Federal agency’’ and in22 serting the following: 

23 ‘‘(i) IN GENERAL.—Each Federal 

24 agency’’; and 


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1 (2) by adding at the end the following new 

2 clauses: 

3 ‘‘(ii) TRACKING.—Each Federal agen4 cy shall use the benchmarking systems se5 lected or developed for the agency under 

6 paragraph (8) to track energy savings real7 ized by the agency through the implemen8 tation of energy-saving or conservation 

9 measures pursuant to paragraph (4), and 

10 shall submit information regarding such 

11 savings to the Secretary to be published on 

12 a public Web site of the Department of 

13 Energy. 

14 ‘‘(iii) CONSIDERATION.—Each Federal 

15 agency shall consider using energy savings 

16 performance contracts or utility energy 

17 service contracts to implement energy-sav18 ing or conservation measures pursuant to 

19 paragraph (4). 

20 ‘‘(iv) CONTRACTING GOAL.—It shall 

21 be the goal of the Federal Government, in 

22 the implementation of energy-saving or 

23 conservation measures pursuant to para24 graph (4), to enter into energy savings per25 formance contracts or utility energy service 


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1 contracts equal to $1,000,000,000 in each 

2 year during the 5-year period beginning on 

3 January 1, 2014. 

4 ‘‘(v) REPORT TO CONGRESS.—Not 

5 later than September 30 of each year dur6 ing the 5-year period referred to in clause 

7 (iv), each Federal agency shall submit to 

8 the Secretary information regarding 

9 progress made by the agency towards 

10 achieving the goal described in such clause. 

11 Not later than 60 days after each such 

12 September 30, the Secretary, acting 

13 through the Federal Energy Management 

14 Program, shall submit to the Committee 

15 on Energy and Commerce of the House of 

16 Representatives and the Committee on En17 ergy and Natural Resources of the Senate 

18 a report describing the progress made by 

19 the Federal Government towards achieving 

20 such goal.’’. 

Æ 


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