II 

110TH CONGRESS 

1ST SESSION S. 1434 

To amend the National Energy Conservation Policy Act to promote the 

use of energy and water efficiency measures in Federal buildings, to 

promote energy savings performance contracts and utility energy service 

contracts, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2007 

Mr. PRYOR (for himself and 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 

promote the use of energy and water efficiency measures 

in Federal buildings, to promote energy savings performance contracts and utility energy service contracts, 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 Building Re5 newal and Energy Savings Act of 2007’’. 


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

3 Section 543 of the National Energy Conservation 

4 Policy Act (42 U.S.C. 8253) is amended by adding at the 

5 end the following: 

6 ‘‘(f) USE OF ENERGY AND WATER EFFICIENCY

7 MEASURES IN FEDERAL BUILDINGS.— 

8 ‘‘(1) ENERGY AND WATER EVALUATIONS.—Not 

9 later than 1 year after the date of enactment of this 

10 subsection, and every 3 years thereafter, each Fed11 eral agency shall complete a comprehensive energy 

12 and water evaluation for— 

13 ‘‘(A) each building and other facility of the 

14 Federal agency that is larger than a minimum 

15 size established by the Secretary; and 

16 ‘‘(B) any other building or other facility of 

17 the Federal agency that meets any other cri18 teria established by the Secretary. 

19 ‘‘(2) IMPLEMENTATION OF IDENTIFIED ENERGY

20 AND WATER EFFICIENCY MEASURES.— 

21 ‘‘(A) IN GENERAL.—Not later than 2 years 

22 after the date of enactment of this subsection, 

23 and every 3 years thereafter, each Federal 

24 agency— 

25 ‘‘(i) shall fully implement each energy 

26 and water-saving measure that the Federal 


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1 agency identified in the evaluation con2 ducted under paragraph (1) that has a 15- 

3 year simple payback period; and 

4 ‘‘(ii) may implement any energy or 

5 water-saving measure that the Federal 

6 agency identified in the evaluation con7 ducted under paragraph (1) that has 

8 longer than a 15-year simple payback pe9 riod. 

10 ‘‘(B) PAYBACK PERIOD.— 

11 ‘‘(i) IN GENERAL.—For the purpose 

12 of subparagraph (A), a measure shall be 

13 considered to have a 15-year simple pay14 back if the quotient obtained under clause 

15 (ii) is less than or equal to 15. 

16 ‘‘(ii) QUOTIENT.—The quotient for a 

17 measure shall be obtained by dividing— 

18 ‘‘(I) the estimated initial imple19 mentation cost of the measure (other 

20 than financing costs); by 

21 ‘‘(II) the annual cost savings 

22 from the measure. 

23 ‘‘(C) COST SAVINGS.—For the purpose of 

24 subparagraph (B), cost savings shall include net 

25 savings in estimated— 


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1 ‘‘(i) energy and water costs; 

2 ‘‘(ii) operations, maintenance, repair, 

3 replacement, and other direct costs; and 

4 ‘‘(iii) external environmental, health, 

5 security, and other costs based on a cost 

6 adder, as determined in accordance with 

7 the guidelines issued by the Secretary 

8 under paragraph (4). 

9 ‘‘(D) EXCEPTIONS.—The Secretary may 

10 modify or make exceptions to the calculation of 

11 a 15-year simple payback under this paragraph 

12 in the guidelines issued by the Secretary under 

13 paragraph (4). 

14 ‘‘(3) FOLLOW-UP ON IMPLEMENTED MEAS15 URES.—For each measure implemented under para16 graph (2), each Federal agency shall carry out— 

17 ‘‘(A) commissioning; 

18 ‘‘(B) operations, maintenance, and repair; 

19 and 

20 ‘‘(C) measurement and verification of en21 ergy and water savings. 

22 ‘‘(4) GUIDELINES.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 issue guidelines and necessary criteria that each 


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1 Federal agency shall follow for implementation 

2 of— 

3 ‘‘(i) paragraph (1) not later than 90 

4 days after the date of enactment of this 

5 subsection; and 

6 ‘‘(ii) paragraphs (2) and (3) not later 

7 than 180 days after the date of enactment 

8 of this subsection. 

9 ‘‘(B) RELATIONSHIP TO FUNDING

10 SOURCE.—The guidelines issued by the Sec11 retary under subparagraph (A) shall be appro12 priate and uniform for measures funded with 

13 each type of funding made available under 

14 paragraph (8). 

15 ‘‘(5) WEB-BASED CERTIFICATION.— 

16 ‘‘(A) IN GENERAL.—For each building and 

17 other facility that meets the criteria established 

18 by the Secretary under paragraph (1), each 

19 Federal agency shall use a web-based tracking 

20 system to certify compliance with the require21 ments for— 

22 ‘‘(i) energy and water evaluations 

23 under paragraph (1); 


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1 ‘‘(ii) implementation of identified en2 ergy and water measures under paragraph 

3 (2); and 

4 ‘‘(iii) follow-up on implemented meas5 ures under paragraph (3). 

6 ‘‘(B) DEPLOYMENT.—Not later than 1 

7 year after the date of enactment of this sub8 section, the Secretary shall deploy the web9 based tracking system required under this para10 graph in a manner that tracks, at a min11 imum— 

12 ‘‘(i) the covered buildings and other 

13 facilities; 

14 ‘‘(ii) the status of evaluations; 

15 ‘‘(iii) the identified measures, with es16 timated costs and savings; 

17 ‘‘(iv) the status of implementing the 

18 measures; 

19 ‘‘(v) the measured savings; and 

20 ‘‘(vi) the persistence of savings. 

21 ‘‘(C) AVAILABILITY.— 

22 ‘‘(i) IN GENERAL.—Subject to clause 

23 (ii), the Secretary shall make the web24 based tracking system required under this 

25 paragraph available to Congress, other 


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1 Federal agencies, and the public through 

2 the Internet. 

3 ‘‘(ii) EXEMPTIONS.—At the request of 

4 a Federal agency, the Secretary may ex5 empt specific data for specific buildings 

6 from disclosure under clause (i) for na7 tional security purposes. 

8 ‘‘(6) BENCHMARKING OF FEDERAL FACILI9 TIES.— 

10 ‘‘(A) IN GENERAL.—Each Federal agency 

11 shall enter energy use data for each building 

12 and other facility of the Federal agency into a 

13 building energy use benchmarking system, such 

14 as the Energy Star Portfolio Manager. 

15 ‘‘(B) SYSTEM AND GUIDANCE.—Not later 

16 than 1 year after the date of enactment of this 

17 subsection, the Secretary shall— 

18 ‘‘(i) select or develop the building en19 ergy use benchmarking system required 

20 under this paragraph for each type of 

21 building; and 

22 ‘‘(ii) issue guidance for use of the sys23 tem. 

24 ‘‘(7) FEDERAL AGENCY SCORECARDS.— 


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1 ‘‘(A) IN GENERAL.—The Director of the 

2 Office of Management and Budget shall issue 

3 quarterly scorecards for energy management ac4 tivities carried out by each Federal agency that 

5 includes— 

6 ‘‘(i) summaries of the status of— 

7 ‘‘(I) energy and water evalua8 tions under paragraph (1); 

9 ‘‘(II) implementation of identified 

10 energy and water measures under 

11 paragraph (2); and 

12 ‘‘(III) follow-up on implemented 

13 measures under paragraph (3); and 

14 ‘‘(ii) any other means of measuring 

15 performance that the Director considers 

16 appropriate. 

17 ‘‘(B) AVAILABILITY.—The Director shall 

18 make the scorecards required under this para19 graph available to Congress, other Federal 

20 agencies, and the public through the Internet. 

21 ‘‘(8) FUNDING.— 

22 ‘‘(A) AUTHORIZATION OF APPROPRIA23 TIONS.—There are authorized to be appro24 priated such sums as are necessary to carry out 

25 this subsection. 


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1 ‘‘(B) FUNDING OPTIONS.— 

2 ‘‘(i) IN GENERAL.—To carry out para3 graphs (1) through (3), a Federal agency 

4 may use any combination of— 

5 ‘‘(I) appropriated funds made 

6 available under subparagraph (A); 

7 and 

8 ‘‘(II) private financing, including 

9 financing available through energy 

10 savings performance contracts or util11 ity energy savings contracts. 

12 ‘‘(ii) COMBINED FUNDING FOR SAME

13 MEASURE.—A Federal agency may use any 

14 combination of appropriated funds and pri15 vate financing described in clause (i) to 

16 carry out the same measure under this 

17 subsection, with proportional allocation for 

18 any energy and water savings. 

19 ‘‘(iii) LACK OF APPROPRIATED

20 FUNDS.—Since measures may be carried 

21 out using private financing described in 

22 clause (i), a lack of available appropria23 tions shall not be considered a sufficient 

24 reason for the failure of a Federal agency 


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1 to comply with paragraphs (1) through 

2 (3).’’. 

3 SEC. 3. ENERGY SAVINGS PERFORMANCE CONTRACTS. 

4 Section 801 of the National Energy Conservation 

5 Policy Act (42 U.S.C. 8287) is amended— 

6 (1) in subsection (a)(2)— 

7 (A) in subparagraph (D), by inserting ‘‘be8 ginning on the date of the delivery order’’ after 

9 ‘‘25 years’’; and 

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

11 ‘‘(E) PROMOTION OF CONTRACTS.—In car12 rying out this section, a Federal agency shall 

13 not— 

14 ‘‘(i) establish a Federal agency policy 

15 that limits the maximum contract term 

16 under subparagraph (D) to a period short17 er than 25 years; or 

18 ‘‘(ii) limit the total amount of obliga19 tions under energy savings performance 

20 contracts or other private financing of en21 ergy savings measures. 

22 ‘‘(F) MEASUREMENT AND VERIFICATION

23 REQUIREMENTS FOR PRIVATE FINANCING.— 

24 ‘‘(i) IN GENERAL.—The evaluations 

25 and savings measurement and verification 


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1 required under paragraphs (1) and (3) of 

2 section 543(f) shall be used by a Federal 

3 agency to meet the requirements for— 

4 ‘‘(I) in the case of energy savings 

5 performance contracts, the need for 

6 energy audits, calculation of energy 

7 savings, and any other evaluation of 

8 costs and savings needed to imple9 ment the guarantee of savings under 

10 this section; and 

11 ‘‘(II) in the case of utility energy 

12 service contracts, needs that are simi13 lar to the purposes described in sub14 clause (I). 

15 ‘‘(ii) MODIFICATION OF EXISTING

16 CONTRACTS.—Not later than 180 days 

17 after the date of enactment of this sub18 paragraph, each Federal agency shall, to 

19 the maximum extent practicable, modify 

20 any indefinite delivery and indefinite quan21 tity energy savings performance contracts, 

22 and other indefinite delivery and indefinite 

23 quantity contracts using private financing, 

24 to conform to the amendments made by 


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1 the Federal Building Renewal and Energy 

2 Savings Act of 2007.’’; and 

3 (2) by striking subsection (c); 

Æ 


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