II 

Calendar No. 98 

115TH CONGRESS 

1ST SESSION S. 239 

[Report No. 115–79] 

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 

MAY 24, 2017 

Reported by Ms. MURKOWSKI, without amendment 

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’’. 


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1 SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEAS2 URES IN FEDERAL BUILDINGS. 

3 (a) ENERGY MANAGEMENT REQUIREMENTS.—Sec4 tion 543(f)(4) of the National Energy Conservation Policy 

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

6 and inserting ‘‘shall’’. 

7 (b) REPORTS.—Section 548(b) of the National En8 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

9 amended— 

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

11 end; 

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

13 the end and inserting ‘‘; and’’; and 

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

15 ‘‘(5)(A) the status of the energy savings per16 formance contracts and utility energy service con17 tracts of each agency; 

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

19 ‘‘(C) the guaranteed energy savings for the pre20 vious year as compared to the actual energy savings 

21 for the previous year; 

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

23 the coming year; and 

24 ‘‘(E) information explaining why any previously 

25 submitted plans for the contracts were not imple26 mented.’’. 


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1 (c) DEFINITION OF ENERGY CONSERVATION MEAS2 URES.—Section 551(4) of the National Energy Conserva3 tion Policy Act (42 U.S.C. 8259(4)) is amended by strik4 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi5 ties, or energy consuming devices and required support 

6 structures’’. 

7 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec8 tion 801(a)(2)(F) of the National Energy Conservation 

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

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

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

12 end and inserting ‘‘; or’’; and 

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

14 ‘‘(iii) limit the recognition of oper15 ation and maintenance savings associated 

16 with systems modernized or replaced with 

17 the implementation of energy conservation 

18 measures, water conservation measures, or 

19 any combination of energy conservation 

20 measures and water conservation meas21 ures.’’. 

22 (e) MISCELLANEOUS AUTHORITY.—Section 

23 801(a)(2) of the National Energy Conservation Policy Act 

24 (42 U.S.C. 8287(a)(2)) is amended by adding at the end 

25 the following: 


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1 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not2 withstanding any other provision of law, a Fed3 eral agency may sell or transfer energy savings 

4 and apply the proceeds of the sale or transfer 

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

6 (f) PAYMENT OF COSTS.—Section 802 of the Na7 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

8 is amended by striking ‘‘(and related operation and main9 tenance expenses)’’ and inserting ‘‘, including related op10 erations and maintenance expenses’’. 

11 (g) DEFINITION OF FEDERAL BUILDING.—Section 

12 551(6) of the National Energy Conservation Policy Act 

13 (42 U.S.C. 8259(6)) is amended by striking the semicolon 

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

15 reservoir, or hydropower facility owned or operated by a 

16 Federal agency;’’. 

17 (h) DEFINITION OF ENERGY SAVINGS.—Section 

18 804(2) of the National Energy Conservation Policy Act 

19 (42 U.S.C. 8287c(2)) is amended— 

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

21 owned building or buildings or other federally owned 

22 facilities’’ and inserting ‘‘Federal building (as de23 fined in section 551)’’ each place it appears; 

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

25 and inserting a semicolon; 


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

2 at the end and inserting a semicolon; and 

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

4 ‘‘(E) the use, sale, or transfer of energy in5 centives, rebates, or credits (including renew6 able energy credits) from Federal, State, or 

7 local governments or utilities; and 

8 ‘‘(F) any revenue generated from a reduc9 tion in energy or water use, more efficient 

10 waste recycling, or additional energy generated 

11 from more efficient equipment.’’. 


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Calendar No. 98 

115TH CONGRESS 

1ST SESSION S. 239 

[Report No. 115–79] 

A BILL 

To amend the National Energy Conservation Policy 

other purposes. ance contracting in Federal facilities, and for Act to encourage the increased use of performMAY 24, 2017 

Reported without amendment 


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