I 
113TH CONGRESS 
1ST SESSION H. R. 1659 
To provide for utilizing energy savings performance contracts and utility 
energy service contracts. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 18, 2013 
Mr. WELCH (for himself and Mr. GARDNER) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To provide for utilizing energy savings performance contracts 
and utility energy service contracts. 
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 ‘‘Federal Buildings En-
ergy Savings Act of 2013’’. 
SEC. 2. UTILIZING ENERGY SAVINGS PERFORMANCE CON-
TRACTS AND UTILITY ENERGY SERVICE CON-
TRACTS. 
(a) IMPLEMENTATION
OF ENERGY MANAGEMENT 
REQUIREMENTS.—Section 543(f)(10) of the National En-
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ergy Conservation Policy Act (42 U.S.C. 8253(f)(10)) is 
amended— 
(1) in subparagraph (B)(i), by striking ‘‘To 
carry’’ and inserting ‘‘To the extent consistent with 
subparagraph (C), to carry’’; 
(2) in subparagraph (B)(ii), by striking ‘‘A 
Federal’’ and inserting ‘‘To the extent consistent 
with subparagraph (C), a Federal’’; and 
(3) by amending subparagraph (C) to read as 
follows: 
‘‘(C) IMPLEMENTATION.— 
‘‘(i) GENERAL RULE.—Except as pro-
vided in clause (i) or (ii) of this subpara-
graph, each Federal agency shall imple-
ment the requirements under this sub-
section through private financing described 
in subparagraph (B)(i)(II). 
‘‘(ii) EXCEPTION.—A Federal agency 
may implement the requirements under 
this subsection using appropriated funds 
described in subparagraph (B)(i)(I) if im-
plementation pursuant to clause (i) of this 
subparagraph conflicts with the primary 
mission of the agency or facility, or if 
greater cost savings can be generated 
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under a different program. A Federal 
agency shall provide a written justification 
for any decision to implement such require-
ments under this clause, including an anal-
ysis of the impact of such decision on the 
taxpayer. 
‘‘(iii) 
FEDERAL
ADMINISTRATIVE 
COSTS.—A Federal agency may implement 
the requirements under this subsection 
using appropriated funds described in sub-
paragraph (B)(i)(I) to the extent necessary 
to cover Federal administrative costs with 
respect to implementation pursuant to 
clause (i) of this subparagraph.’’. 
(b) TERMINATION CLAUSES.—Section 801(b)(2) of 
the National Energy Conservation Policy Act (42 U.S.C. 
8287(b)(2)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) by striking the period at the end of sub-
paragraph (C)(iv) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) require each agency to include in con-
tracts appropriate termination clauses for facili-
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ties that will or may close before the end of the 
term of the contract.’’. 
(c) ESPCS FOR ELECTRIC VEHICLES AND FUELING 
INFRASTRUCTURE.—Section 804 of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(A); 
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) a measure to support the use of elec-
tric vehicles or the fueling or charging infra-
structure necessary for electric vehicles.’’. 
(d) UESCS FOR ELECTRIC VEHICLES AND FUELING 
INFRASTRUCTURE.—Section 546 of the National Energy 
Conservation Policy Act (42 U.S.C. 8256) is amended in 
subsection (c)(1) by inserting ‘‘, including measures taken 
to finance the acquisition or use of electric-powered vehi-
cles or their fueling infrastructure,’’ after ‘‘demand’’. 
Æ 
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