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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Savings Through Public-
Private Partnerships Act of 2015''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) private sector funding and expertise can help address 
        the energy efficiency challenges facing the United States;
            (2) the Federal Government spends more than $6,000,000,000 
        annually in energy costs;
            (3) reducing Federal energy costs can help save money, 
        create jobs, and reduce waste;
            (4) energy savings performance contracts and utility energy 
        service contracts are tools for using private sector investment 
        to upgrade Federal facilities without any up-front cost to the 
        taxpayer;
            (5) performance contracting is a way to retrofit Federal 
        buildings using private sector investment in the absence of 
        appropriated dollars; and
            (6) retrofits that reduce energy use also improve 
        infrastructure, protect national security, and cut facility 
        operations and maintenance costs.

SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL 
              BUILDINGS.

    (a) Energy Management Requirements.--Section 543(f)(4) of the 
National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is 
amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and indenting appropriately;
            (2) by striking ``Not later than'' and inserting the 
        following:
                    ``(A) In general.--Not later than''; and
            (3) by adding at the end the following:
                    ``(B) Measures not implemented.--Each energy 
                manager, as part of the certification system under 
                paragraph (7) and using guidelines developed by the 
                Secretary, shall provide an explanation regarding any 
                life-cycle cost-effective measures described in 
                subparagraph (A)(i) that have not been implemented.''.
    (b) Reports.--Section 548(b) of the National Energy Conservation 
Policy Act (42 U.S.C. 8258(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5)(A) the status of the energy savings performance 
        contracts and utility energy service contracts of each agency;
            ``(B) the investment value of the contracts;
            ``(C) the guaranteed energy savings for the previous year 
        as compared to the actual energy savings for the previous year;
            ``(D) the plan for entering into the contracts in the 
        coming year; and
            ``(E) information explaining why any previously submitted 
        plans for the contracts were not implemented.''.
    (c) Definition of Energy Conservation Measures.--Section 551(4) of 
the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is 
amended by striking ``or retrofit activities'' and inserting ``retrofit 
activities, or energy consuming devices and required support 
structures''.
    (d) Authority To Enter Into Contracts.--Section 801(a)(2)(F) of the 
National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) limit the recognition of operation 
                        and maintenance savings associated with systems 
                        modernized or replaced with the implementation 
                        of energy conservation measures, water 
                        conservation measures, or any combination of 
                        energy conservation measures and water 
                        conservation measures.''.
    (e) Miscellaneous Authority.--Section 801(a)(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by 
adding at the end the following:
                    ``(H) Miscellaneous authority.--Notwithstanding any 
                other provision of law, a Federal agency may sell or 
                transfer energy savings and apply the proceeds of the 
                sale or transfer to fund a contract under this 
                title.''.
    (f) Payment of Costs.--Section 802 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and 
related operation and maintenance expenses)'' and inserting ``, 
including related operations and maintenance expenses''.
    (g) Definition of Energy Savings.--Section 804(2) of the National 
Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
            (1) in subparagraph (A), by striking ``federally owned 
        building or buildings or other federally owned facilities'' and 
        inserting ``Federal building (as defined in section 551)'' each 
        place it appears;
            (2) in subparagraph (C) , by striking ``; and'' and 
        inserting a semicolon;
            (3) in subparagraph (D), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following:
                    ``(E) the use, sale, or transfer of energy 
                incentives, rebates, or credits (including renewable 
                energy credits) from Federal, State, or local 
                governments or utilities; and
                    ``(F) any revenue generated from a reduction in 
                energy or water use, more efficient waste recycling, or 
                additional energy generated from more efficient 
                equipment.''.
                                 <all>
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