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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] 


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A BILL 

To amend the National Energy Conservation Policy Act to 

encourage the increased use of performance contracting 

in Federal facilities. 


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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 Through 

5 Public-Private Partnerships Act of 2014’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Private sector funding and expertise can help 

9 address the energy efficiency challenges facing the 

10 United States. 

11 (2) The Federal Government spends more than 

12 $6 billion annually in energy costs. 

13 (3) Reducing Federal energy costs can help save 

14 money, create jobs, and reduce waste. 

15 (4) Energy savings performance contracts and 

16 utility energy service contracts are tools for utilizing 

17 private sector investment to upgrade Federal facilities 

18 without any up-front cost to the taxpayer. 

19 (5) Performance contracting is a way to retrofit 

20 Federal buildings using private sector investment in 

21 the absence of appropriated dollars. 

22 (6) Retrofits that reduce energy use also improve 

23 infrastructure, protect national security, and cut fa24 cility operations and maintenance costs. 


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1 SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEAS2 URES IN FEDERAL BUILDINGS. 

3 (a) ENERGY MANAGEMENT REQUIREMENTS.—Section 

4 543(f)(4) of the National Energy Conservation Policy Act 

5 (42 U.S.C. 8253(f)(4)) is amended— 

6 (1) by redesignating subparagraphs (A) and (B) 

7 as clauses (i) and (ii), respectively and by moving the 

8 margins 2 ems to the right; 

9 (2) by striking ‘‘Not later than’’ and inserting 

10 the following: 

11 ‘‘(A) IN GENERAL.—Not later than’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(B) MEASURES NOT IMPLEMENTED.—Each 

15 energy manager, as part of the certification sys16 tem under paragraph (7) and using guidelines 

17 developed by the Secretary, shall provide an ex18 planation regarding any life-cycle cost-effective 

19 measures described in subparagraph (A)(i) that 

20 have not been implemented.’’. 

21 (b) REPORTS.—Section 548(b) of the National Energy 

22 Conservation Policy Act (42 U.S.C. 8258(b)) is amended— 

23 (1) in paragraph (3), by striking ‘‘and’’ at the 

24 end; 

25 (2) in paragraph (4), by striking the period at 

26 the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following new para2 graph: 

3 ‘‘(5) the status of each agency’s energy savings 

4 performance contracts and utility energy service con5 tracts, the investment value of such contracts, the 

6 guaranteed energy savings for the previous year as 

7 compared to the actual energy savings for the pre8 vious year, the plan for entering into such contracts 

9 in the coming year, and information explaining why 

10 any previously submitted plans for such contracts 

11 were not implemented.’’. 

12 (c) FEDERAL ENERGY MANAGEMENT DEFINITIONS.— 

13 Section 551(4) of the National Energy Conservation Policy 

14 Act (42 U.S.C. 8259(4)) is amended by striking ‘‘or retrofit 

15 activities’’ and inserting ‘‘retrofit activities, or energy con16 suming devices and required support structures’’. 

17 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Section 

18 801(a)(2)(F) of the National Energy Conservation Policy 

19 Act (42 U.S.C. 8287(a)(2)(F)) is amended— 

20 (1) in clause (i), by striking ‘‘or’’ at the end; 

21 (2) in clause (ii), by striking the period at the 

22 end and inserting ‘‘; or’’; and 

23 (3) by adding at the end the following new 

24 clause: 


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1 ‘‘(iii) limit the recognition of operation 

2 and maintenance savings associated with 

3 systems modernized or replaced with the 

4 implementation of energy conservation 

5 measures, water conservation measures, or 

6 any series of energy conservation measures 

7 and water conservation measures.’’. 

8 (e) MISCELLANEOUS AUTHORITY.—Section 801(a)(2) 

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

10 8287(a)) is amended by adding at the end the following: 

11 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not12 withstanding any other provision of law, a Fed13 eral agency may sell or transfer energy savings 

14 and apply the proceeds of such sale or transfer 

15 to fund a contract under this title.’’. 

16 (f) PAYMENT OF COSTS.—Section 802 of the National 

17 Energy Conservation Policy Act (42 U.S.C. 8287a) is 

18 amended by striking ‘‘(and related operation and mainte19 nance expenses)’’ and inserting ‘‘, including related oper20 ations and maintenance expenses’’. 

21 (g) ENERGY SAVINGS PERFORMANCE CONTRACTS

22 DEFINITIONS.—Section 804(2) of the National Energy Con23 servation Policy Act (42 U.S.C. 8287c(2)) is amended— 

24 (1) in subparagraph (A), by striking ‘‘federally 

25 owned building or buildings or other federally owned 


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1 facilities’’ and inserting ‘‘Federal building (as defined 

2 in section 551 (42 U.S.C. 8259))’’ each place it ap3 pears; 

4 (2) in subparagraph (C) , by striking ‘‘; and’’ 

5 and inserting a semicolon; 

6 (3) in subparagraph (D), by striking the period 

7 at the end and inserting a semicolon; and 

8 (4) by adding at the end the following new sub9 paragraphs: 

10 ‘‘(E) the use, sale, or transfer of energy in11 centives, rebates, or credits (including renewable 

12 energy credits) from Federal, State, or local gov13 ernments or utilities; and 

14 ‘‘(F) any revenue generated from a reduc15 tion in energy or water use, more efficient waste 

16 recycling, or additional energy generated from 

17 more efficient equipment.’’. 


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Union Calendar No. 467 

113TH CONGRESS 

2D SESSION H. R. 2689 

[Report No. 113–627] 

A BILL 

To amend the National Energy Conservation Policy 

ance contracting in Federal facilities. Act to encourage the increased use of performNOVEMBER 19, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


SSpencer on DSK4SPTVN1PROD with BILLS