I 

113TH CONGRESS 

1ST SESSION H. R. 2689 

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 

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’’. 

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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Private sector funding and expertise can 

4 help address the energy efficiency challenges facing 

5 the United States. 

6 (2) The Federal Government spends more than 

7 $6 billion annually in energy costs. 

8 (3) Reducing Federal energy costs can help 

9 save money, create jobs, and reduce waste. 

10 (4) Energy savings performance contracts and 

11 utility energy service contracts are tools for utilizing 

12 private sector investment to upgrade Federal facili13 ties without any up-front cost to the taxpayer. 

14 (5) Performance contracting is a way to retrofit 

15 Federal buildings using private sector investment in 

16 the absence of appropriated dollars. Retrofits seek to 

17 reduce energy use, improve infrastructure, protect 

18 national security, and cut facility operations and 

19 maintenance costs. 

20 SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEAS21 URES IN FEDERAL BUILDINGS. 

22 (a) IMPLEMENTATION OF IDENTIFIED ENERGY AND

23 WATER EFFICIENCY MEASURES.—Section 543(f)(4) of 

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

25 8253(f)(4)) is amended to read as follows: 

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1 ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY

2 AND WATER EFFICIENCY MEASURES.— 

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

4 after the completion of each evaluation under 

5 paragraph (3), each energy manager shall con6 sider— 

7 ‘‘(i) implementing any energy- or 

8 water-saving or conservation measure that 

9 the Federal agency identified in the evalua10 tion conducted under paragraph (3) that is 

11 life cycle cost-effective; and 

12 ‘‘(ii) bundling individual measures of 

13 varying paybacks together into combined 

14 projects. 

15 ‘‘(B) MEASURES NOT IMPLEMENTED.— 

16 The energy manager, as part of the certification 

17 system under paragraph (7) and using guide18 lines developed by the Secretary, shall provide 

19 reasons for not implementing any life cycle 

20 cost-effective measures under subparagraph 

21 (A).’’. 

22 (b) ANNUAL CONTRACTING GOAL.—Section 

23 543(f)(10)(C) of the National Energy Conservation Policy 

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

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1 (1) by striking ‘‘Each Federal agency’’ and in2 serting the following: 

3 ‘‘(i) IN GENERAL.—Each Federal 

4 agency’’; and 

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

6 clauses: 

7 ‘‘(ii) TRACKING.—Each Federal agen8 cy shall use the benchmarking systems se9 lected or developed for the agency under 

10 paragraph (8) to track energy savings real11 ized by the agency through the implemen12 tation of energy- or water-saving or con13 servation measures pursuant to paragraph 

14 (4), and shall submit information regard15 ing such savings to the Secretary to be 

16 published on a public website of the De17 partment of Energy. 

18 ‘‘(iii) CONSIDERATION.—Each Federal 

19 agency shall consider using energy savings 

20 performance contracts or utility energy 

21 service contracts to implement energy- or 

22 water-saving or conservation measures pur23 suant to paragraph (4). 

24 ‘‘(iv) CONTRACTING GOAL.—It shall 

25 be the goal of the Federal Government, in 

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1 the implementation of energy- or water2 saving or conservation measures pursuant 

3 to paragraph (4), to enter into energy sav4 ings performance contracts or utility en5 ergy service contracts equal to 

6 $1,000,000,000 in each year during the 5- 

7 year period beginning on January 1, 2014. 

8 ‘‘(v) REPORT TO CONGRESS.—Not 

9 later than September 30 of each year dur10 ing the 5-year period referred to in clause 

11 (iv), each Federal agency shall submit to 

12 the Secretary information regarding 

13 progress made by the agency towards 

14 achieving the goal described in such clause. 

15 Not later than 60 days after each such 

16 September 30, the Secretary, acting 

17 through the Federal Energy Management 

18 Program, shall submit to the Committee 

19 on Energy and Commerce of the House of 

20 Representatives and the Committee on En21 ergy and Natural Resources of the Senate 

22 a report describing the progress made by 

23 the Federal Government towards achieving 

24 such goal.’’. 

Æ 

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