II 

114TH CONGRESS 

1ST SESSION S. 1277 

To improve energy savings by the Department of Defense, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2015 

Ms. HIRONO (for herself and Mr. WYDEN) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To improve energy savings by the Department of Defense, 

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 ‘‘Federal Energy Sav5 ings Enhancement Act of 2015’’. 

6 SEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

7 (a) AGENCY PAYMENTS.—Section 801(a)(2)(B) of 

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

9 8287(a)(2)(B)) is amended in the first sentence— 


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1 (1) by striking ‘‘both utilities’’ and inserting 

2 ‘‘utilities, entities that supply, deliver, and transport 

3 fuel,’’; and 

4 (2) by inserting ‘‘or fuel supply, delivery, or 

5 transport’’ after ‘‘for utilities’’. 

6 (b) NONBUILDING APPLICATIONS.—Section 

7 801(a)(2) of the National Energy Conservation Policy Act 

8 (42 U.S.C. 8287(a)(2)) is amended by adding at the end 

9 the following: 

10 ‘‘(H) NONBUILDING APPLICATIONS.—A 

11 Federal agency may enter into an energy sav12 ings performance contract under this title for 

13 the purpose of reducing the costs of fuel supply, 

14 delivery, or transport for nonbuilding applica15 tions, including secondary savings.’’. 

16 (c) DEFINITIONS.—Section 804 of the National En17 ergy Conservation Policy Act (42 U.S.C. 8287c) is amend18 ed— 

19 (1) in paragraph (2)(A)— 

20 (A) in the matter preceding clause (i)— 

21 (i) by striking ‘‘or wastewater treat22 ment’’ and inserting ‘‘wastewater treat23 ment, or fuel supply, delivery, or trans24 port’’; and 


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1 (ii) by inserting ‘‘or nonbuilding appli2 cations’’ after ‘‘federally owned facilities’’; 

3 (B) in clause (ii), by striking ‘‘or’’ after 

4 the semicolon at the end; 

5 (C) in clause (iii), by inserting ‘‘or’’ after 

6 the semicolon at the end; and 

7 (D) by adding at the end the following: 

8 ‘‘(iv) the improved efficiency of fuel 

9 use in nonbuilding applications.’’; 

10 (2) in the first sentence of paragraph (3), by 

11 inserting ‘‘or for the purpose of reducing the cost of 

12 fuel supply, delivery, or transport for nonbuilding 

13 applications’’ before the period at the end; and 

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

15 ‘‘(5) NONBUILDING APPLICATION.—The term 

16 ‘nonbuilding application’ means— 

17 ‘‘(A) any class of vehicles, devices, or 

18 equipment that— 

19 ‘‘(i) is transportable under the power 

20 of the applicable vehicle, device, or equip21 ment by land, sea, or air; and 

22 ‘‘(ii) consumes energy from any fuel 

23 source for the purpose of— 

24 ‘‘(I) that transportation; or 


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1 ‘‘(II) maintaining a controlled en2 vironment within the vehicle, device, 

3 or equipment; and 

4 ‘‘(B) any federally owned equipment used 

5 to generate electricity or transport water. 

6 ‘‘(6) SECONDARY SAVINGS.— 

7 ‘‘(A) IN GENERAL.—The term ‘secondary 

8 savings’ means additional energy or cost sav9 ings that are a direct consequence of the energy 

10 savings that result from the energy efficiency 

11 improvements that were financed and imple12 mented pursuant to an energy savings perform13 ance contract. 

14 ‘‘(B) INCLUSIONS.—The term ‘secondary 

15 savings’ includes— 

16 ‘‘(i) energy and cost savings that re17 sult from a reduction in the need for fuel 

18 delivery and logistical support; 

19 ‘‘(ii) personnel cost savings and envi20 ronmental benefits; and 

21 ‘‘(iii) in the case of electric generation 

22 equipment, the benefits of increased effi23 ciency in the production of electricity, in24 cluding revenues received by the Federal 


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1 Government from the sale of electricity 

2 from the production.’’. 

Æ 


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