```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2689 Reported in House (RH)]

                                                 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]

_______________________________________________________________________

                                 A BILL

 
 To amend the National Energy Conservation Policy Act to encourage the 
    increased use of performance contracting in Federal facilities.

 

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Savings Through Public-
Private Partnerships Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Private sector funding and expertise can help address 
        the energy efficiency challenges facing the United States.
            (2) The Federal Government spends more than $6 billion 
        annually in energy costs.
            (3) Reducing Federal energy costs can help save money, 
        create jobs, and reduce waste.
            (4) Energy savings performance contracts and utility energy 
        service contracts are tools for utilizing private sector 
        investment to upgrade Federal facilities without any up-front 
        cost to the taxpayer.
            (5) Performance contracting is a way to retrofit Federal 
        buildings using private sector investment in the absence of 
        appropriated dollars.
            (6) Retrofits that reduce energy use also improve 
        infrastructure, protect national security, and cut facility 
        operations and maintenance costs.

SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL 
              BUILDINGS.

    (a) Energy Management Requirements.--Section 543(f)(4) of the 
National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is 
amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively and by moving the margins 2 ems to 
        the right;
            (2) by striking ``Not later than'' and inserting the 
        following:
                    ``(A) In general.--Not later than''; and
            (3) by adding at the end the following new subparagraph:
                    ``(B) Measures not implemented.--Each energy 
                manager, as part of the certification system under 
                paragraph (7) and using guidelines developed by the 
                Secretary, shall provide an explanation regarding any 
                life-cycle cost-effective measures described in 
                subparagraph (A)(i) that have not been implemented.''.
    (b) Reports.--Section 548(b) of the National Energy Conservation 
Policy Act (42 U.S.C. 8258(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the status of each agency's energy savings 
        performance contracts and utility energy service contracts, the 
        investment value of such contracts, the guaranteed energy 
        savings for the previous year as compared to the actual energy 
        savings for the previous year, the plan for entering into such 
        contracts in the coming year, and information explaining why 
        any previously submitted plans for such contracts were not 
        implemented.''.
    (c) Federal Energy Management Definitions.--Section 551(4) of the 
National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended 
by striking ``or retrofit activities'' and inserting ``retrofit 
activities, or energy consuming devices and required support 
structures''.
    (d) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the 
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                            ``(iii) limit the recognition of operation 
                        and maintenance savings associated with systems 
                        modernized or replaced with the implementation 
                        of energy conservation measures, water 
                        conservation measures, or any series of energy 
                        conservation measures and water conservation 
                        measures.''.
    (e) Miscellaneous Authority.--Section 801(a)(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287(a)) is amended by adding 
at the end the following:
                    ``(H) Miscellaneous authority.--Notwithstanding any 
                other provision of law, a Federal agency may sell or 
                transfer energy savings and apply the proceeds of such 
                sale or transfer to fund a contract under this 
                title.''.
    (f) Payment of Costs.--Section 802 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and 
related operation and maintenance expenses)'' and inserting ``, 
including related operations and maintenance expenses''.
    (g) Energy Savings Performance Contracts Definitions.--Section 
804(2) of the National Energy Conservation Policy Act (42 U.S.C. 
8287c(2)) is amended--
            (1) in subparagraph (A), by striking ``federally owned 
        building or buildings or other federally owned facilities'' and 
        inserting ``Federal building (as defined in section 551 (42 
        U.S.C. 8259))'' each place it appears;
            (2) in subparagraph (C) , by striking ``; and'' and 
        inserting a semicolon;
            (3) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following new subparagraphs:
                    ``(E) the use, sale, or transfer of energy 
                incentives, rebates, or credits (including renewable 
                energy credits) from Federal, State, or local 
                governments or utilities; and
                    ``(F) any revenue generated from a reduction in 
                energy or water use, more efficient waste recycling, or 
                additional energy generated from more efficient 
                equipment.''.
                                                 Union Calendar No. 467

113th CONGRESS

  2d Session

                               H. R. 2689

                          [Report No. 113-627]

_______________________________________________________________________

                                 A BILL

 To amend the National Energy Conservation Policy Act to encourage the 
    increased use of performance contracting in Federal facilities.

_______________________________________________________________________

                           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
```