II 

116TH CONGRESS 

1ST SESSION S. 1706 

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 

JUNE 4, 2019 

Mr. GARDNER (for himself and Mr. COONS) 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 2019’’. 


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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— 

6 (1) by striking subparagraph (B); 

7 (2) in the matter preceding subparagraph (A), 

8 by striking ‘‘may’’ and all that follows through ‘‘the 

9 Federal’’ in subparagraph (A) and inserting the fol10 lowing: ‘‘shall implement any energy- or water-sav11 ing measure that— 

12 ‘‘(i) the Federal’’; 

13 (3) in the matter preceding clause (i) (as so 

14 designated), by striking ‘‘Not later’’ and inserting 

15 the following: 

16 ‘‘(A) IN GENERAL.—Not later’’; 

17 (4) in subparagraph (A) (as so designated)— 

18 (A) in clause (i), by striking ‘‘paragraph 

19 (3) that is’’ and inserting the following: ‘‘para20 graph (3); and 

21 ‘‘(ii) is’’; and 

22 (B) in clause (ii) (as so designated), by 

23 striking ‘‘; and’’ and inserting ‘‘, as determined 

24 by evaluating an individual measure or a bundle 

25 of measures with varying paybacks.’’; and 

26 (5) by adding at the end the following: 


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1 ‘‘(B) PERFORMANCE CONTRACTING.—Each 

2 Federal agency shall use performance contracting to address at least 1 3 ⁄2 of the measures 

4 identified under subparagraph (A)(i).’’. 

5 (b) REPORTS.—Section 548(b) of the National En6 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

7 amended— 

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

9 end; 

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

11 the end and inserting ‘‘; and’’; and 

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

13 ‘‘(5)(A) the status of the energy savings per14 formance contracts and utility energy service con15 tracts of each agency, to the extent that the infor16 mation is not duplicative of information provided to 

17 the Secretary under a separate authority; 

18 ‘‘(B) the quantity and investment value of the 

19 contracts for the previous year; 

20 ‘‘(C) the guaranteed energy savings, or for con21 tracts without a guarantee, the estimated energy 

22 savings, for the previous year, as compared to the 

23 measured energy savings for the previous year; 


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1 ‘‘(D) a forecast of the estimated quantity and 

2 investment value of contracts anticipated in the fol3 lowing year for each agency; and 

4 ‘‘(E)(i) a comparison of the information de5 scribed in subparagraph (B) and the forecast de6 scribed in subparagraph (D) in the report of the 

7 previous year; and 

8 ‘‘(ii) if applicable, the reasons for any dif9 ferences in the data compared under clause (i).’’. 

10 (c) DEFINITION OF ENERGY CONSERVATION MEAS11 URES.—Section 551(4) of the National Energy Conserva12 tion Policy Act (42 U.S.C. 8259(4)) is amended by strik13 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi14 ties, or energy consuming devices and required support 

15 structures’’. 

16 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec17 tion 801(a)(2)(F) of the National Energy Conservation 

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

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

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

21 end and inserting ‘‘; or’’; and 

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

23 ‘‘(iii) limit the recognition of oper24 ation and maintenance savings associated 

25 with systems modernized or replaced with 


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1 the implementation of energy conservation 

2 measures, water conservation measures, or 

3 any combination of energy conservation 

4 measures and water conservation meas5 ures.’’. 

6 (e) MISCELLANEOUS AUTHORITY; EXCLUDED CON7 TRACTS.—Section 801(a)(2) of the National Energy Con8 servation Policy Act (42 U.S.C. 8287(a)(2)) is amended 

9 by adding at the end the following: 

10 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not11 withstanding subtitle I of title 40, United 

12 States Code, a Federal agency may accept, re13 tain, sell, or transfer, and apply the proceeds of 

14 the sale or transfer of, any energy and water 

15 incentive, rebate, grid services revenue, or cred16 it (including a renewable energy certificate) to 

17 fund a contract under this title. 

18 ‘‘(I) EXCLUDED CONTRACTS.—A contract 

19 entered into under this title may not be for 

20 work performed— 

21 ‘‘(i) at a Federal hydroelectric facility 

22 that provides power marketed by a Power 

23 Marketing Administration; or 

24 ‘‘(ii) at a hydroelectric facility owned 

25 and operated by the Tennessee Valley AuVerDate Sep 11 2014 03:44 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1706.IS S1706

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1 thority established under the Tennessee 

2 Valley Authority Act of 1933 (16 U.S.C. 

3 831 et seq.).’’. 

4 (f) PAYMENT OF COSTS.—Section 802 of the Na5 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

6 is amended by striking ‘‘(and related operation and main7 tenance expenses)’’ and inserting ‘‘, including related op8 erations and maintenance expenses’’. 

9 (g) DEFINITION OF ENERGY SAVINGS.—Section 

10 804(2) of the National Energy Conservation Policy Act 

11 (42 U.S.C. 8287c(2)) is amended— 

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

13 owned building or buildings or other federally owned 

14 facilities’’ and inserting ‘‘Federal building (as de15 fined in section 551)’’ each place it appears; 

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

17 and inserting a semicolon; 

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

19 at the end and inserting a semicolon; and 

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

21 ‘‘(E) the use, sale, or transfer of any en22 ergy and water incentive, rebate, grid services 

23 revenue, or credit (including a renewable energy 

24 certificate); and 


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1 ‘‘(F) any revenue generated from a reduc2 tion in energy or water use, more efficient 

3 waste recycling, or additional energy generated 

4 from more efficient equipment.’’. 

Æ 


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