I 
115TH CONGRESS 
1ST SESSION 
H. R. 723 
To amend the National Energy Conservation Policy Act to encourage the 
increased use of performance contracting in Federal facilities, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 30, 2017 
Mr. KINZINGER (for himself and Mr. WELCH) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the National Energy Conservation Policy Act to 
encourage the increased use of performance contracting 
in Federal facilities, 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 Savings 
Through Public-Private Partnerships Act of 2017’’. 
SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES IN FEDERAL BUILDINGS. 
(a) ENERGY MANAGEMENT REQUIREMENTS.—Sec-
tion 543(f)(4) of the National Energy Conservation Policy 
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Act (42 U.S.C. 8253(f)(4)) is amended by striking ‘‘may’’ 
and inserting ‘‘shall’’. 
(b) REPORTS.—Section 548(b) of the National En-
ergy 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 
(3) by adding at the end the following: 
‘‘(5)(A) the status of the energy savings per-
formance contracts and utility energy service con-
tracts of each agency; 
‘‘(B) the investment value of the contracts; 
‘‘(C) the guaranteed energy savings for the pre-
vious year as compared to the actual energy savings 
for the previous year; 
‘‘(D) the plan for entering into the contracts in 
the coming year; and 
‘‘(E) information explaining why any previously 
submitted plans for the contracts were not imple-
mented.’’. 
(c) DEFINITION OF ENERGY CONSERVATION MEAS-
URES.—Section 551(4) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8259(4)) is amended by strik-
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ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi-
ties, or energy consuming devices and required support 
structures’’. 
(d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec-
tion 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: 
‘‘(iii) limit the recognition of oper-
ation and maintenance savings associated 
with systems modernized or replaced with 
the implementation of energy conservation 
measures, water conservation measures, or 
any combination of energy conservation 
measures and water conservation meas-
ures.’’. 
(e) 
MISCELLANEOUS
AUTHORITY.—Section 
801(a)(2) of the National Energy Conservation Policy Act 
(42 U.S.C. 8287(a)(2)) 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 
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and apply the proceeds of the sale or transfer 
to fund a contract under this title.’’. 
(f) PAYMENT OF COSTS.—Section 802 of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8287a) 
is amended by striking ‘‘(and related operation and main-
tenance expenses)’’ and inserting ‘‘, including related op-
erations and maintenance expenses’’. 
(g) DEFINITION OF FEDERAL BUILDING.—Section 
551(6) of the National Energy Conservation Policy Act 
(42 U.S.C. 8259(6)) is amended by striking the semicolon 
at the end and inserting ‘‘the term does not include a dam, 
reservoir, or hydropower facility owned or operated by a 
Federal agency;’’. 
(h) DEFINITION
OF
ENERGY
SAVINGS.—Section 
804(2) of the National Energy Conservation 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 
facilities’’ and inserting ‘‘Federal building (as de-
fined in section 551)’’ each place it appears; 
(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: 
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‘‘(E) the use, sale, or transfer of energy in-
centives, rebates, or credits (including renew-
able energy credits) from Federal, State, or 
local governments 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.’’. 
Æ 
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