IB 
Union Calendar No. 467 
113TH CONGRESS 
2D SESSION 
H. R. 2689 
[Report No. 113–627] 
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 
NOVEMBER 19, 2014 
Additional sponsors: Mr. WOLF, Mr. BARROW of Georgia, Mr. MULVANEY, 
Mr. RODNEY DAVIS of Illinois, Mr. REED, Ms. JENKINS, Mr. DENT, Ms. 
GABBARD, Mrs. BUSTOS, Ms. SINEMA, Mr. GIBSON, Mr. FATTAH, Mr. 
RUIZ, Ms. BROWNLEY of California, Mr. MURPHY of Florida, Mr. 
RIBBLE, Mr. RUNYAN, Mr. MCKINLEY, Mr. PAULSEN, Mr. HANNA, Ms. 
ESTY, Mr. GENE GREEN of Texas, Mr. HIMES, Mr. GUTHRIE, Mr. CART-
WRIGHT, Mr. GARCIA, Mr. JOYCE, Mr. SCHNEIDER, Mr. DELANEY, and 
Mr. KILMER 
NOVEMBER 19, 2014 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 16, 2013] 
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A BILL 
To amend the National Energy Conservation Policy Act to 
encourage the increased use of performance contracting 
in Federal facilities. 
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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 2014’’. 
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 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 fa-
cility operations and maintenance costs. 
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SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES 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 by moving the 
margins 2 ems to the right; 
(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 new sub-
paragraph: 
‘‘(B) MEASURES NOT IMPLEMENTED.—Each 
energy manager, as part of the certification sys-
tem under paragraph (7) and using guidelines 
developed by the Secretary, shall provide an ex-
planation 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 
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(3) by adding at the end the following new para-
graph: 
‘‘(5) the status of each agency’s energy savings 
performance contracts and utility energy service con-
tracts, the investment value of such contracts, the 
guaranteed energy savings for the previous year as 
compared to the actual energy savings for the pre-
vious 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)) is amended by striking ‘‘or retrofit 
activities’’ and inserting ‘‘retrofit activities, or energy con-
suming 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 new 
clause: 
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‘‘(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)) is amended by adding at the end the following: 
‘‘(H) MISCELLANEOUS
AUTHORITY.—Not-
withstanding any other provision of law, a Fed-
eral 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) is 
amended by striking ‘‘(and related operation and mainte-
nance expenses)’’ and inserting ‘‘, including related oper-
ations and maintenance expenses’’. 
(g) ENERGY
SAVINGS
PERFORMANCE
CONTRACTS 
DEFINITIONS.—Section 804(2) of the National Energy Con-
servation 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 
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facilities’’ and inserting ‘‘Federal building (as defined 
in section 551 (42 U.S.C. 8259))’’ each place it ap-
pears; 
(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 new sub-
paragraphs: 
‘‘(E) the use, sale, or transfer of energy in-
centives, rebates, or credits (including renewable 
energy credits) from Federal, State, or local gov-
ernments or utilities; and 
‘‘(F) any revenue generated from a reduc-
tion in energy or water use, more efficient waste 
recycling, or additional energy generated from 
more efficient equipment.’’. 
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Union Calendar No. 467 
113TH CONGRESS 
2D SESSION 
H. R. 2689 
[Report No. 113–627] 
A BILL 
To amend the National Energy Conservation Policy 
Act to encourage the increased use of perform-
ance contracting in Federal facilities. 
NOVEMBER 19, 2014 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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