I 
114TH CONGRESS 
1ST SESSION H. R. 1629 
To amend the National Energy Conservation Policy Act to encourage the 
increased use of performance contracting in Federal facilities. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 25, 2015 
Mr. KINZINGER of Illinois (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. 
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 2015’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Private sector funding and expertise can 
help address the energy efficiency challenges facing 
the United States. 
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(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. 
(6) Retrofits that reduce energy use also im-
prove 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) ENERGY MANAGEMENT REQUIREMENTS.—Sec-
tion 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 mov-
ing the margins 2 ems to the right; 
(2) by striking ‘‘Not later than’’ and inserting 
the following: 
‘‘(A) IN GENERAL.—Not later than’’; and 
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(3) by adding at the end the following new sub-
paragraph: 
‘‘(B) MEASURES
NOT
IMPLEMENTED.— 
Each energy manager, as part of the certifi-
cation system under paragraph (7) and using 
guidelines developed by the Secretary, shall pro-
vide an explanation regarding any life-cycle 
cost-effective measures described in subpara-
graph (A)(i) that have not been implemented.’’. 
(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 new 
paragraph: 
‘‘(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 
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any previously submitted plans for such contracts 
were not implemented.’’. 
(c) FEDERAL
ENERGY
MANAGEMENT
DEFINI-
TIONS.—Section 551(4) of the National Energy Conserva-
tion Policy Act (42 U.S.C. 8259(4)) is amended by strik-
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 new 
clause: 
‘‘(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 series of energy conservation measures 
and water conservation measures.’’. 
(e) 
MISCELLANEOUS
AUTHORITY.—Section 
801(a)(2) of the National Energy Conservation Policy Act 
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(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 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) ENERGY SAVINGS PERFORMANCE CONTRACTS 
DEFINITIONS.—Section 804(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c(2)) is amend-
ed— 
(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 (42 U.S.C. 8259))’’ 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 
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(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 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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