II 

115TH CONGRESS 

1ST SESSION S. 239 

To amend the National Energy Conservation Policy Act to encourage the 

increased use of performance contracting in Federal facilities, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2017 

Mr. GARDNER (for himself, Mr. COONS, Mr. PORTMAN, and Mrs. SHAHEEN) 

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, 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 ‘‘Energy Savings 

5 Through Public-Private Partnerships Act of 2017’’. 

6 SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEAS7 URES IN FEDERAL BUILDINGS. 

8 (a) ENERGY MANAGEMENT REQUIREMENTS.—Sec9 tion 543(f)(4) of the National Energy Conservation Policy 


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•S 239 IS

1 Act (42 U.S.C. 8253(f)(4)) is amended by striking ‘‘may’’ 

2 and inserting ‘‘shall’’. 

3 (b) REPORTS.—Section 548(b) of the National En4 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

5 amended— 

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

7 end; 

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

9 the end and inserting ‘‘; and’’; and 

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

11 ‘‘(5)(A) the status of the energy savings per12 formance contracts and utility energy service con13 tracts of each agency; 

14 ‘‘(B) the investment value of the contracts; 

15 ‘‘(C) the guaranteed energy savings for the pre16 vious year as compared to the actual energy savings 

17 for the previous year; 

18 ‘‘(D) the plan for entering into the contracts in 

19 the coming year; and 

20 ‘‘(E) information explaining why any previously 

21 submitted plans for the contracts were not imple22 mented.’’. 

23 (c) DEFINITION OF ENERGY CONSERVATION MEAS24 URES.—Section 551(4) of the National Energy Conserva25 tion Policy Act (42 U.S.C. 8259(4)) is amended by strikVerDate Sep 11 2014 02:46 Feb 03, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S239.IS S239

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1 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi2 ties, or energy consuming devices and required support 

3 structures’’. 

4 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec5 tion 801(a)(2)(F) of the National Energy Conservation 

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

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

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

9 end and inserting ‘‘; or’’; and 

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

11 ‘‘(iii) limit the recognition of oper12 ation and maintenance savings associated 

13 with systems modernized or replaced with 

14 the implementation of energy conservation 

15 measures, water conservation measures, or 

16 any combination of energy conservation 

17 measures and water conservation meas18 ures.’’. 

19 (e) MISCELLANEOUS AUTHORITY.—Section 

20 801(a)(2) of the National Energy Conservation Policy Act 

21 (42 U.S.C. 8287(a)(2)) is amended by adding at the end 

22 the following: 

23 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not24 withstanding any other provision of law, a Fed25 eral agency may sell or transfer energy savings 


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1 and apply the proceeds of the sale or transfer 

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

3 (f) PAYMENT OF COSTS.—Section 802 of the Na4 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

5 is amended by striking ‘‘(and related operation and main6 tenance expenses)’’ and inserting ‘‘, including related op7 erations and maintenance expenses’’. 

8 (g) DEFINITION OF FEDERAL BUILDING.—Section 

9 551(6) of the National Energy Conservation Policy Act 

10 (42 U.S.C. 8259(6)) is amended by striking the semicolon 

11 at the end and inserting ‘‘the term does not include a dam, 

12 reservoir, or hydropower facility owned or operated by a 

13 Federal agency;’’. 

14 (h) DEFINITION OF ENERGY SAVINGS.—Section 

15 804(2) of the National Energy Conservation Policy Act 

16 (42 U.S.C. 8287c(2)) is amended— 

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

18 owned building or buildings or other federally owned 

19 facilities’’ and inserting ‘‘Federal building (as de20 fined in section 551)’’ each place it appears; 

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

22 and inserting a semicolon; 

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

24 at the end and inserting a semicolon; and 

25 (4) by adding at the end the following: 


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1 ‘‘(E) the use, sale, or transfer of energy in2 centives, rebates, or credits (including renew3 able energy credits) from Federal, State, or 

4 local governments or utilities; and 

5 ‘‘(F) any revenue generated from a reduc6 tion in energy or water use, more efficient 

7 waste recycling, or additional energy generated 

8 from more efficient equipment.’’. 

Æ 


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