I
107TH CONGRESS
1ST SESSION
H. R. 683
To increase the authorization of appropriations for low-income energy assist-
ance, weatherization, and State energy conservation grant programs,
to expand the use of energy savings performance contracts, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2001
Mr. MARKEY (for himself, Mr. FROST, Mrs. MALONEY of New York, and Mr.
HILLIARD) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To increase the authorization of appropriations for low-in-
come energy assistance, weatherization, and State energy
conservation grant programs, to expand the use of energy
savings performance contracts, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Energy Emergency Re-
sponse Act of 2001’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) high energy costs are causing hardship for
families;
(2) restructured energy markets have increased
the need for a higher and more consistent level of
funding for low income energy assistance programs;
(3) conservation programs implemented by the
States and the low income weatherization program
reduce costs and need for additional energy supplies;
(4) energy conservation is a cornerstone of na-
tional energy security policy;
(5) the Federal Government is the largest con-
sumer of energy in the economy of the United
States; and
(6) many opportunities exist for significant en-
ergy cost savings within the Federal Government.
(b) PURPOSES.—The purposes of this Act are to pro-
vide assistance to those individuals most affected by high
energy prices and to promote and accelerate energy con-
servation investments in private and Federal facilities.
SEC. 3. INCREASED FUNDING FOR LIHEAP, WEATHERIZA-
TION, AND STATE ENERGY GRANTS.
(a) LIHEAP.—Section 2602(b) of the Low-Income
Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b))
is amended by striking the first sentence and inserting the
following: ‘‘There are authorized to be appropriated to
carry out the provisions of this title (other than section
2607A), $3,400,000,000 for each of fiscal years 2001
through 2005.’’.
(b) WEATHERIZATION ASSISTANCE.—Section 422 of
the Energy Conservation and Production Act (42 U.S.C.
6872) is amended by striking ‘‘for fiscal years 1999
through 2003 such sums as may be necessary and insert-
ing ‘‘$310,000,000 for each of fiscal years 2001 through
2005’’.
(c) STATE ENERGY CONSERVATION GRANTS.—Sec-
tion 365(f) of the Energy Policy and Conservation Act (42
U.S.C. 6325(f)) is amended by striking ‘‘for fiscal years
1999 through 2003 such sums as may be necessary’’ and
inserting ‘‘$75,000,000 for each of fiscal years 2001
through 2005’’.
SEC. 4. FEDERAL ENERGY MANAGEMENT REVIEWS.
Section 543 of the National Energy Conservation
Policy Act (42 U.S.C. 8253) is amended by adding at the
end the following:
‘‘(e) PRIORITY RESPONSE REVIEWS.—Each agency
shall—
‘‘(1) not later than October 1, 2001, undertake
a comprehensive review of all practicable measures
for—
‘‘(A) increasing energy and water con-
servation, and
‘‘(B) using renewable energy sources; and
‘‘(2) not later than 180 days after completing
the review, implement measures to achieve not less
than 50 percent of the potential efficiency and re-
newable savings identified in the review.’’.
SEC. 5. COST SAVINGS FROM REPLACEMENT FACILITIES.
Section 801(a) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(a)) is amended by adding at
the end the following:
‘‘(3)(A) In the case of an energy savings contract or
energy savings performance contract providing for energy
savings through the construction and operation of one or
more buildings or facilities to replace one or more existing
buildings or facilities, benefits ancillary to the purpose of
such contract under paragraph (1) may include savings
resulting from reduced costs of operation and maintenance
at such replacement buildings or facilities when compared
with costs of operation and maintenance at the buildings
or facilities being replaced.
‘‘(B) Notwithstanding paragraph (2)(B), aggregate
annual payments by an agency under an energy savings
contract or energy savings performance contract referred
to in subparagraph (A) may take into account (through
the procedures developed pursuant to this section) savings
resulting from reduced costs of operation and maintenance
as described in subparagraph (A).’’.
SEC. 6. REPEAL OF ENERGY SAVINGS PERFORMANCE CON-
TRACT SUNSET.
Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is repealed.
SEC. 7. ENERGY SAVINGS PERFORMANCE CONTRACT DEFI-
NITIONS.
(a) ENERGY SAVINGS.—Section 804(2) of the Na-
tional Energy Conservation Policy Act (42 U.S.C.
8287c(2)) is amended to read as follows:
‘‘(2) The term ‘‘energy savings’’ means a reduc-
tion in the cost of energy or water, from a base cost
established through a methodology set forth in the
contract, used in either—
‘‘(A) an existing federally owned building
or buildings or other federally owned facilities
as a result of—
‘‘(i) the lease or purchase of operating
equipment, improvements, altered oper-
ation and maintenance, or technical serv-
ices;
‘‘(ii) the increased efficient use of ex-
isting energy sources by cogeneration or
heat recovery, excluding any cogeneration
process for other than a federally owned
building or buildings or other federally
owned facilities; or
‘‘(iii) the increased efficient use of ex-
isting water sources; or
‘‘(B) a replacement facility under section
801(a)(3).’’.
(b) ENERGY SAVINGS CONTRACT.—Section 804(3) of
the National Energy Conservation Policy Act (42 U.S.C.
8287c(3)) is amended to read as follows:
‘‘(3) The terms ‘energy savings contract’ and
‘energy savings performance contract’ mean a con-
tract which provides for—
‘‘(A) the performance of services for the
design, acquisition, installation, testing, oper-
ation, and, where appropriate, maintenance and
repair, of an identified energy or water con-
servation measure or series of measures at one
or more locations; or
‘‘(B) energy savings through the construc-
tion and operation of one or more buildings or
facilities to replace one or more existing build-
ings or facilities.’’.
(c) ENERGY OR WATER CONSERVATION MEASURE.—
Section 804(4) of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8287c(4) is amended to read as follows:
‘‘(4) The term ‘energy or water conservation
measure’ means—
‘‘(A) an energy conservation measure, as
defined in section 551(4) (42 U.S.C. 8259(4));
or
‘‘(B) a water conservation measure that
improves water efficiency, is life cycle cost effec-
tive, and involves water conservation, water re-
cycling or reuse, improvements in operation or
maintenance efficiencies, retrofit activities or
other related activities, not at a Federal hydro-
electric facility.’’.
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