Energy Savings Through Public-Private Partnerships Act of 2015

To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities. 1. Short title This Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2015 2. Findings Congress finds the following: (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 billion 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 utilizing 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. (6) Retrofits that reduce energy use also improve infrastructure, protect national security, and cut facility operations and maintenance costs. 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) (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively and by moving the margins 2 ems to the right; (2) by striking Not later than (A) In general Not later than ; and (3) by adding at the end the following new subparagraph: (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) (1) in paragraph (3), by striking and (2) in paragraph (4), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (5) the status of each agency’s energy savings performance contracts and utility energy service contracts, the investment value of such contracts, the guaranteed energy savings for the previous year as compared to the actual energy savings for the previous year, the plan for entering into such contracts in the coming year, and information explaining why any previously submitted plans for such contracts were not implemented. . (c) Federal energy management definitions Section 551(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8259(4) or retrofit activities 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) (1) in clause (i), by striking or (2) in clause (ii), by striking the period at the end and inserting ; or (3) by adding at the end the following new clause: (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 series 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) (H) Miscellaneous Authority Notwithstanding any other provision of law, a Federal agency may sell or transfer energy savings and apply the proceeds of such 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 (and related operation and maintenance expenses) , including related operations and maintenance expenses (g) Energy savings performance contracts definitions Section 804(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c(2) (1) in subparagraph (A), by striking federally owned building or buildings or other federally owned facilities Federal building (as defined in section 551 ( 42 U.S.C. 8259 (2) in subparagraph (C) , by striking ; and (3) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new subparagraphs: (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. .

Summary: Energy Savings Through Public-Private Partnerships Act of 2015 This bill amends the National Energy Conservation Policy Act to revise requirements for energy savings performance and utility energy service contracts (performance contracts). (These contracts allow federal agencies to work with private contractors on energy efficiency upgrades to federal facilities.) Each federal facility energy manager must provide an explanation regarding life cycle cost-effective measures that have not been implemented as part of the web-based compliance certification system. (Life cycle costs are the total cost of owning, operating, and maintaining a building over its useful life.) The Department of Energy (DOE) must report to the President and Congress on each agency's performance contracts, including their investment value and their energy savings. The energy conservation measures that may be contained in performance contracts are expanded by including those involving energy consuming devices and required support structures. Agencies may not limit recognition of operation and maintenance savings associated with energy systems that were modernized or replaced with energy conservation measures and water conservation measures (e.g. lower energy and water bills due to energy efficiency and conservation measures). Agencies may sell or transfer energy savings and apply the proceeds to fund a performance contract. The energy savings that may be contained in performance contracts are expanded to include: (1) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from governments or utilities; and (2) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.