II

106TH CONGRESS

2D SESSION S. 3277

To amend the National Energy Conservation Policy Act to enhance and

extend authority relating to energy savings performance contracts of

the Federal Government.

IN THE SENATE OF THE UNITED STATES

DECEMBER 14 (legislative day, SEPTEMBER 22), 2000

Mr. BINGAMAN 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

enhance and extend authority relating to energy savings

performance contracts of the Federal Government.

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 Efficient Cost

5 Savings Improvement Act of 2001’’.
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1 SEC. 2. ENHANCEMENT AND EXTENSION OF AUTHORITY

2 RELATING TO ENERGY SAVINGS PERFORM3 ANCE CONTRACTS OF THE FEDERAL GOV4 ERNMENT.

5 (a) ENERGY SAVINGS THROUGH CONSTRUCTION OF

6 REPLACEMENT FACILITIES.—Section 804 of the National

7 Energy Conservation Policy Act (42 U.S.C. 8287c) is

8 amended—

9 (1) in paragraph (2)—

10 (A) by redesignating subparagraphs (A)

11 and (B) as clauses (i) and (ii), respectively;

12 (B) by inserting ‘‘(A)’’ after ‘‘(2)’’; and

13 (C) by adding at the end the following new

14 subparagraph:

15 ‘‘(B) The term also means a reduction in the

16 cost of energy, from such a base cost, that would

17 otherwise be utilized in a federally owned building or

18 buildings or other federally owned facilities by rea19 son of the construction and operation of one or more

20 buildings or facilities to replace such federally owned

21 building or buildings or other federally owned facili22 ties.’’; and

23 (2) in paragraph (3), by inserting after the first

24 sentence the following new sentence: ‘‘The terms

25 also mean a contract that provides for energy sav26 ings through the construction and operation of one
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1 or more buildings or facilities to replace one or more

2 existing buildings or facilities.’’.

3 (b) COST SAVINGS FROM OPERATION AND MAINTE4 NANCE EFFICIENCIES IN REPLACEMENT FACILITIES.—

5 Section 801(a) of that Act (42 U.S.C. 8287(a)) is amend6 ed by adding at the end the following new paragraph:

7 ‘‘(3)(A) In the case of an energy savings contract or

8 energy savings performance contract providing for energy

9 savings through the construction and operation of one or

10 more buildings or facilities to replace one or more existing

11 buildings or facilities, benefits ancillary to the purpose of

12 such contract under paragraph (1) may include savings

13 resulting from reduced costs of operation and maintenance

14 at such replacement buildings or facilities when compared

15 with costs of operation and maintenance at the buildings

16 or facilities being replaced.

17 ‘‘(B) Notwithstanding paragraph (2)(B), aggregate

18 annual payments by an agency under an energy savings

19 contract or energy savings performance contract referred

20 to in subparagraph (A) may take into account (through

21 the procedures developed pursuant to this section) savings

22 resulting from reduced costs of operation and maintenance

23 as described in that subparagraph.’’.

24 (c) FIVE-YEAR EXTENSION OF AUTHORITY.—Section

25 801(c) of that Act (42 U.S.C. 8287(c)) is amended by
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1 striking ‘‘October 1, 2003’’ and inserting ‘‘October 1,

2 2008’’.

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