I 
113TH CONGRESS 
1ST SESSION H. R. 2689 
To amend the National Energy Conservation Policy Act to encourage the 
increased use of performance contracting in Federal facilities. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2013 
Mr. GARDNER (for himself, Mr. WELCH, Mr. COFFMAN, Mrs. ROBY, Mr. 
KINZINGER of Illinois, Mr. MATHESON, Mr. GRIFFIN of Arkansas, Ms. 
KUSTER, Ms. BORDALLO, Mr. PETERS of California, Mr. HUFFMAN, Mr. 
BERA of California, Mr. NOLAN, Mr. LOWENTHAL, Mr. MCNERNEY, Mr. 
YOUNG of Indiana, Mr. MORAN, Mr. SCHRADER, Mr. BLUMENAUER, Mr. 
MAFFEI, Mr. LOEBSACK, Mr. COOPER, Mr. BISHOP of Georgia, Mr. 
CICILLINE, Mr. SEAN PATRICK MALONEY of New York, and Mr. OWENS) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
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 Representa-
tives 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 2013’’. 
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SEC. 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 facili-
ties 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. Retrofits seek to 
reduce energy use, improve infrastructure, protect 
national security, and cut facility operations and 
maintenance costs. 
SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES IN FEDERAL BUILDINGS. 
(a) IMPLEMENTATION OF IDENTIFIED ENERGY AND 
WATER EFFICIENCY MEASURES.—Section 543(f)(4) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8253(f)(4)) is amended to read as follows: 
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‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY 
AND WATER EFFICIENCY MEASURES.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the completion of each evaluation under 
paragraph (3), each energy manager shall con-
sider— 
‘‘(i) implementing any energy- or 
water-saving or conservation measure that 
the Federal agency identified in the evalua-
tion conducted under paragraph (3) that is 
life cycle cost-effective; and 
‘‘(ii) bundling individual measures of 
varying paybacks together into combined 
projects. 
‘‘(B) MEASURES
NOT
IMPLEMENTED.— 
The energy manager, as part of the certification 
system under paragraph (7) and using guide-
lines developed by the Secretary, shall provide 
reasons for not implementing any life cycle 
cost-effective measures under subparagraph 
(A).’’. 
(b) 
ANNUAL
CONTRACTING
GOAL.—Section 
543(f)(10)(C) of the National Energy Conservation Policy 
Act (42 U.S.C. 8253(f)(10)(C)) is amended— 
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(1) by striking ‘‘Each Federal agency’’ and in-
serting the following: 
‘‘(i) IN
GENERAL.—Each Federal 
agency’’; and 
(2) by adding at the end the following new 
clauses: 
‘‘(ii) TRACKING.—Each Federal agen-
cy shall use the benchmarking systems se-
lected or developed for the agency under 
paragraph (8) to track energy savings real-
ized by the agency through the implemen-
tation of energy- or water-saving or con-
servation measures pursuant to paragraph 
(4), and shall submit information regard-
ing such savings to the Secretary to be 
published on a public website of the De-
partment of Energy. 
‘‘(iii) CONSIDERATION.—Each Federal 
agency shall consider using energy savings 
performance contracts or utility energy 
service contracts to implement energy- or 
water-saving or conservation measures pur-
suant to paragraph (4). 
‘‘(iv) CONTRACTING
GOAL.—It shall 
be the goal of the Federal Government, in 
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the implementation of energy- or water- 
saving or conservation measures pursuant 
to paragraph (4), to enter into energy sav-
ings performance contracts or utility en-
ergy 
service 
contracts 
equal 
to 
$1,000,000,000 in each year during the 5- 
year period beginning on January 1, 2014. 
‘‘(v) REPORT
TO
CONGRESS.—Not 
later than September 30 of each year dur-
ing the 5-year period referred to in clause 
(iv), each Federal agency shall submit to 
the 
Secretary 
information 
regarding 
progress made by the agency towards 
achieving the goal described in such clause. 
Not later than 60 days after each such 
September 
30, 
the 
Secretary, 
acting 
through the Federal Energy Management 
Program, shall submit to the Committee 
on Energy and Commerce of the House of 
Representatives and the Committee on En-
ergy and Natural Resources of the Senate 
a report describing the progress made by 
the Federal Government towards achieving 
such goal.’’. 
Æ 
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