II 

114TH CONGRESS 

1ST SESSION S. 858 

To amend the National Energy Conservation Policy Act to encourage the 

increased use of performance contracting in Federal facilities. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2015 

Mr. GARDNER (for himself, Mr. COONS, Mr. PORTMAN, and Mrs. SHAHEEN) 

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. 

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 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


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1 (1) private sector funding and expertise can 

2 help address the energy efficiency challenges facing 

3 the United States; 

4 (2) the Federal Government spends more than 

5 $6,000,000,000 annually in energy costs; 

6 (3) reducing Federal energy costs can help save 

7 money, create jobs, and reduce waste; 

8 (4) energy savings performance contracts and 

9 utility energy service contracts are tools for using 

10 private sector investment to upgrade Federal facili11 ties without any up-front cost to the taxpayer; 

12 (5) performance contracting is a way to retrofit 

13 Federal buildings using private sector investment in 

14 the absence of appropriated dollars; and 

15 (6) retrofits that reduce energy use also im16 prove infrastructure, protect national security, and 

17 cut facility operations and maintenance costs. 

18 SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEAS19 URES IN FEDERAL BUILDINGS. 

20 (a) ENERGY MANAGEMENT REQUIREMENTS.—Sec21 tion 543(f)(4) of the National Energy Conservation Policy 

22 Act (42 U.S.C. 8253(f)(4)) is amended— 

23 (1) by redesignating subparagraphs (A) and 

24 (B) as clauses (i) and (ii), respectively, and indent25 ing appropriately; 


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1 (2) by striking ‘‘Not later than’’ and inserting 

2 the following: 

3 ‘‘(A) IN GENERAL.—Not later than’’; and 

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

5 ‘‘(B) MEASURES NOT IMPLEMENTED.— 

6 Each energy manager, as part of the certifi7 cation system under paragraph (7) and using 

8 guidelines developed by the Secretary, shall pro9 vide an explanation regarding any life-cycle 

10 cost-effective measures described in subpara11 graph (A)(i) that have not been implemented.’’. 

12 (b) REPORTS.—Section 548(b) of the National En13 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 

14 amended— 

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

16 end; 

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

18 the end and inserting ‘‘; and’’; and 

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

20 ‘‘(5)(A) the status of the energy savings per21 formance contracts and utility energy service con22 tracts of each agency; 

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


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1 ‘‘(C) the guaranteed energy savings for the pre2 vious year as compared to the actual energy savings 

3 for the previous year; 

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

5 the coming year; and 

6 ‘‘(E) information explaining why any previously 

7 submitted plans for the contracts were not imple8 mented.’’. 

9 (c) DEFINITION OF ENERGY CONSERVATION MEAS10 URES.—Section 551(4) of the National Energy Conserva11 tion Policy Act (42 U.S.C. 8259(4)) is amended by strik12 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi13 ties, or energy consuming devices and required support 

14 structures’’. 

15 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec16 tion 801(a)(2)(F) of the National Energy Conservation 

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

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

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

20 end and inserting ‘‘; or’’; and 

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

22 ‘‘(iii) limit the recognition of oper23 ation and maintenance savings associated 

24 with systems modernized or replaced with 

25 the implementation of energy conservation 


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1 measures, water conservation measures, or 

2 any combination of energy conservation 

3 measures and water conservation meas4 ures.’’. 

5 (e) MISCELLANEOUS AUTHORITY.—Section 

6 801(a)(2) of the National Energy Conservation Policy Act 

7 (42 U.S.C. 8287(a)(2)) is amended by adding at the end 

8 the following: 

9 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not10 withstanding any other provision of law, a Fed11 eral agency may sell or transfer energy savings 

12 and apply the proceeds of the sale or transfer 

13 to fund a contract under this title.’’. 

14 (f) PAYMENT OF COSTS.—Section 802 of the Na15 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 

16 is amended by striking ‘‘(and related operation and main17 tenance expenses)’’ and inserting ‘‘, including related op18 erations and maintenance expenses’’. 

19 (g) DEFINITION OF ENERGY SAVINGS.—Section 

20 804(2) of the National Energy Conservation Policy Act 

21 (42 U.S.C. 8287c(2)) is amended— 

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

23 owned building or buildings or other federally owned 

24 facilities’’ and inserting ‘‘Federal building (as de25 fined in section 551)’’ each place it appears; 


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

2 and inserting a semicolon; 

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

4 at the end and inserting a semicolon; and 

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

6 ‘‘(E) the use, sale, or transfer of energy in7 centives, rebates, or credits (including renew8 able energy credits) from Federal, State, or 

9 local governments or utilities; and 

10 ‘‘(F) any revenue generated from a reduc11 tion in energy or water use, more efficient 

12 waste recycling, or additional energy generated 

13 from more efficient equipment.’’. 

Æ 


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