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Union Calendar No. 435 

115TH CONGRESS 

2D SESSION H. R. 723 

[Report No. 115–575] 

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 HOUSE OF REPRESENTATIVES 

JANUARY 30, 2017 

Mr. KINZINGER (for himself and Mr. WELCH) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

FEBRUARY 23, 2018 

Additional sponsors: Mrs. LOVE, Mr. PERLMUTTER, Mr. GRIJALVA, Mr. COLE, 

Mr. CARTWRIGHT, and Mr. PETERS

FEBRUARY 23, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 30, 2017] 


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•HR 723 RH

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. 


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•HR 723 RH

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 Through 

5 Public-Private Partnerships Act of 2017’’. 

6 SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEAS7 URES IN FEDERAL BUILDINGS. 

8 (a) ENERGY MANAGEMENT REQUIREMENTS.—Section 

9 543(f)(4) of the National Energy Conservation Policy Act 

10 (42 U.S.C. 8253(f)(4)) is amended by striking ‘‘may’’ and 

11 inserting ‘‘shall’’. 

12 (b) REPORTS.—Section 548(b) of the National Energy 

13 Conservation Policy Act (42 U.S.C. 8258(b)) is amended— 

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

15 end; 

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

17 the end and inserting ‘‘; and’’; and 

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

19 ‘‘(5)(A) the status of the energy savings perform20 ance contracts and utility energy service contracts of 

21 each agency; 

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

23 ‘‘(C) the guaranteed energy savings for the pre24 vious year as compared to the actual energy savings 

25 for the previous year; 


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

2 the coming year; and 

3 ‘‘(E) information explaining why any previously 

4 submitted plans for the contracts were not imple5 mented.’’. 

6 (c) DEFINITION OF ENERGY CONSERVATION MEAS7 URES.—Section 551(4) of the National Energy Conserva8 tion Policy Act (42 U.S.C. 8259(4)) is amended by striking 

9 ‘‘or retrofit activities’’ and inserting ‘‘retrofit activities, or 

10 energy consuming devices and required support structures’’. 

11 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec12 tion 801(a)(2)(F) of the National Energy Conservation Pol13 icy Act (42 U.S.C. 8287(a)(2)(F)) is amended— 

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

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

16 end and inserting ‘‘; or’’; and 

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

18 ‘‘(iii) limit the recognition of operation 

19 and maintenance savings associated with 

20 systems modernized or replaced with the 

21 implementation of energy conservation 

22 measures, water conservation measures, or 

23 any combination of energy conservation 

24 measures and water conservation meas25 ures.’’. 


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1 (e) MISCELLANEOUS AUTHORITY.—Section 801(a)(2) 

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

3 8287(a)(2)) is amended by adding at the end the following: 

4 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not5 withstanding any other provision of law, a Fed6 eral agency may sell or transfer energy savings 

7 and apply the proceeds of the sale or transfer to 

8 fund a contract under this title.’’. 

9 (f) PAYMENT OF COSTS.—Section 802 of the National 

10 Energy Conservation Policy Act (42 U.S.C. 8287a) is 

11 amended by striking ‘‘(and related operation and mainte12 nance expenses)’’ and inserting ‘‘, including related oper13 ations and maintenance expenses’’. 

14 (g) DEFINITION OF FEDERAL BUILDING.—Section 

15 551(6) of the National Energy Conservation Policy Act (42 

16 U.S.C. 8259(6)) is amended by striking the semicolon at 

17 the end and inserting ‘‘; the term does not include a dam, 

18 reservoir, or hydropower facility owned or operated by a 

19 Federal agency;’’. 

20 (h) DEFINITION OF ENERGY SAVINGS.—Section 804(2) 

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

22 8287c(2)) is amended— 

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

24 owned building or buildings or other federally owned 


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1 facilities’’ and inserting ‘‘Federal building (as defined 

2 in section 551)’’ each place it appears; 

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

4 and inserting a semicolon; 

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

6 at the end and inserting a semicolon; and 

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

8 ‘‘(E) the use, sale, or transfer of energy in9 centives, rebates, or credits (including renewable 

10 energy credits) from Federal, State, or local gov11 ernments or utilities; and 

12 ‘‘(F) any revenue generated from a reduc13 tion in energy or water use, more efficient waste 

14 recycling, or additional energy generated from 

15 more efficient equipment.’’. 


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lotter on DSKBCFDHB2PROD with BILLS
Union Calendar No. 435 

115TH CONGRESS 

2D SESSION H. R. 723 

[Report No. 115–575] 

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 performFEBRUARY 23, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


lotter on DSKBCFDHB2PROD with BILLS