I 
117TH CONGRESS 
1ST SESSION H. R. 2267 
To amend the Energy Policy and Conservation Act to provide Federal finan-
cial assistance to States to implement expanded energy savings perform-
ance contracting programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2021 
Mr. WELCH (for himself, Mr. MCKINLEY, and Ms. BLUNT ROCHESTER) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
To amend the Energy Policy and Conservation Act to provide 
Federal financial assistance to States to implement ex-
panded energy savings performance contracting pro-
grams, 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 ‘‘Improving State and 
Local Government Access to Performance Contracting 
Act’’. 
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SEC. 2. STATE ENERGY SAVINGS PERFORMANCE CON-
TRACTING PROGRAM EXPANSION. 
(a) PROGRAM EXPANSION.— 
(1) IN GENERAL.—Part D of title III of the 
Energy Policy and Conservation Act (42 U.S.C. 
6321 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 367. STATE ENERGY SAVINGS PERFORMANCE CON-
TRACTING PROGRAM EXPANSION. 
‘‘(a) ASSISTANCE.—Upon request of the Governor of 
any State, the Secretary shall provide, subject to the avail-
ability of funds, Federal financial assistance to such State 
to assist such State in the implementation, improvement, 
or expansion of a State energy savings performance con-
tracting program. 
‘‘(b) FUNDING.— 
‘‘(1) SUPPLEMENT.—Federal financial assist-
ance provided to a State pursuant to this section 
shall be used to supplement, not supplant, any Fed-
eral, State, or other funds otherwise made available 
to such State under— 
‘‘(A) this part; or 
‘‘(B) the weatherization assistance pro-
gram developed and conducted under part A of 
title IV of the Energy Conservation and Pro-
duction Act. 
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‘‘(2) AVAILABILITY.—A State may only receive 
Federal financial assistance under this section if the 
Governor of such State submits a request for such 
financial assistance not later than 1 year after the 
date of enactment of this section. 
‘‘(3) FINANCING.—To the extent practicable, a 
State shall implement a State energy savings per-
formance contracting program primarily utilizing 
private financing, public financing, or any other 
sources of funds. 
‘‘(4) ALLOCATION.—In providing Federal finan-
cial assistance to States under this section, the Sec-
retary shall— 
‘‘(A) to the extent practicable allocate 
funds made available for such purpose— 
‘‘(i) in accordance with the formula 
for allocating funds described in section 
420.11 of title 10, Code of Federal Regula-
tions, as in effect on January 1, 2021; and 
‘‘(ii) for a fiscal year during such fis-
cal year; and 
‘‘(B) require any State that is provided fi-
nancial assistance and that has not expended 
such funds within 5 years of receipt to return 
such funds for reallocation, to the extent prac-
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ticable, in accordance with the formula de-
scribed in subparagraph (A). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) ENERGY
SAVINGS
PERFORMANCE
CON-
TRACT.—The term ‘energy savings performance con-
tract’ means a contract that provides for the per-
formance of services for the design, acquisition, in-
stallation, testing, and, where appropriate, operation, 
maintenance, and repair, of an energy conservation 
measure, water conservation measure, resiliency-re-
lated measure, utility cost savings measure, or series 
of measures, at 1 or more locations. 
‘‘(2) STATE
ENERGY
SAVINGS
PERFORMANCE 
CONTRACTING PROGRAM.—The term ‘State energy 
savings performance contracting program’— 
‘‘(A) means a State program to support 
the design and implementation of energy sav-
ings performance contracts, including (to the 
extent authorized by law) energy savings per-
formance contracts entered into by local govern-
ments, public educational institutions, and 
other public, governmental, and quasi-govern-
mental entities; and 
‘‘(B) may include— 
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‘‘(i) the development and provision of 
model, template, or standardized contracts, 
guidelines, procedures, manuals, and other 
related documents; 
‘‘(ii) a State program for prequalifica-
tion and certification of energy savings 
performance contractors; 
‘‘(iii) provision of technical and ad-
ministrative assistance; and 
‘‘(iv) monitoring, tracking, and report-
ing of energy savings performance con-
tracts, including identifying the number 
and value of contracts, energy savings, 
water savings, and financial performance. 
‘‘(3) WATER
CONSERVATION
MEASURE.—The 
term ‘water conservation measure’ means a measure 
that improves the efficiency of water use, is life-cycle 
cost-effective, and involves water conservation, water 
recycling or reuse, more efficient treatment of waste-
water or stormwater, improvements in operation or 
maintenance efficiencies, retrofit activities, or other 
related activities, not at a Federal hydroelectric fa-
cility.’’. 
(2) CONFORMING AMENDMENTS.— 
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(A) STATE ENERGY CONSERVATION PLAN 
INCLUSION.—Section 362(d)(5)(A) of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6322(d)(5)(A)) is amended by inserting ‘‘(in-
cluding State energy savings performance con-
tracting programs, as provided in section 367)’’ 
after ‘‘performance contracting programs’’. 
(B) TABLE OF CONTENTS AMENDMENT.— 
The table of contents for the Energy Policy and 
Conservation Act is amended by adding after 
the item relating to section 366 the following: 
‘‘Sec. 367. State energy savings performance contracting program expansion.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
365(f) of the Energy Policy and Conservation Act (42 
U.S.C. 6325(f)) is amended— 
(1) by striking ‘‘For the purpose of carrying 
out this part’’ and inserting ‘‘(1) For the purpose of 
carrying out this part’’; 
(2) by striking ‘‘$125,000,000 for each of fiscal 
years 
2007 
through 
2012’’ 
and 
inserting 
‘‘$100,000,000 for each of fiscal years 2022 through 
2026’’; and 
(3) by adding at the end the following: 
‘‘(2) In addition to the authorization of appro-
priations under paragraph (1), for the purposes of 
carrying out section 367, there are authorized to be 
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appropriated $50,000,000 for each of fiscal years 
2022 through 2026.’’. 
SEC. 3. OTHER ASSISTANCE. 
(a) TECHNICAL ASSISTANCE.—Upon request by a 
State energy agency, the Secretary shall provide informa-
tion and technical assistance in the development and im-
plementation of a State energy savings performance con-
tracting program. 
(b) PROJECT FACILITATOR CERTIFICATION PRO-
GRAM.— 
(1) ESTABLISHMENT.—The Secretary, in con-
sultation with States and the private sector, shall es-
tablish a national project facilitator certification pro-
gram to expand the availability of individuals, in-
cluding State and local government employees and 
independent private sector professionals, who are 
trained and certified to work on behalf of the State 
and local government as project facilitators who 
will— 
(A) ensure that a project carried out under 
an energy savings performance contract under a 
State energy savings performance contracting 
program achieves the energy cost savings and 
performance requirements set forth in the con-
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tracts developed under such State energy sav-
ings performance contracting program; and 
(B) otherwise assist with the oversight of 
projects described in subparagraph (A). 
(2) CONTENTS.—In carrying out the program 
established pursuant to paragraph (1), the Secretary 
may— 
(A) train and certify individuals as project 
facilitators described in paragraph (1); 
(B) develop model criteria for the certifi-
cation and training of individuals to become 
project facilitators described in paragraph (1); 
and 
(C) transition, over a four-year period, the 
training and certification activities of the Sec-
retary with respect to a State to a non-profit 
entity managed by the applicable State energy 
agency, and funded with fees generated through 
the certification process. 
(c) DEFINITIONS.—In this section: 
(1) ENERGY SAVINGS PERFORMANCE CONTRACT 
AND STATE ENERGY SAVINGS PERFORMANCE CON-
TRACTING
PROGRAM.—The terms ‘‘energy savings 
performance contract’’ and ‘‘State energy savings 
performance contracting program’’ have the meaning 
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