Energy Savings Through Public-Private Partnerships Act of 2014

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 facility 
        operations and maintenance costs.

SEC. 3. USE OF ENERGY AND WATER EFFICIENCY MEASURES 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 subparagraph:
                    ``(B) Measures not implemented.--Each energy 
                manager, as part of the certification system under 
                paragraph (7) and using guidelines developed by the 
                Secretary, shall provide an explanation 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
            (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 contracts, the 
        investment value of such contracts, the guaranteed energy 
        savings for the previous year as compared to the actual energy 
        savings for the previous 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 consuming 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:
                            ``(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.--Notwithstanding any 
                other provision of law, a Federal 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 maintenance expenses)'' and inserting ``, 
including related operations 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 amended--
            (1) in subparagraph (A), by striking ``federally owned 
        building or buildings or other federally owned facilities'' and 
        inserting ``Federal building (as defined 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
            (4) by adding at the end the following new subparagraphs:
                    ``(E) the use, sale, or transfer of energy 
                incentives, rebates, or credits (including renewable 
                energy credits) from Federal, State, or local 
                governments or utilities; and
                    ``(F) any revenue generated from a reduction in 
                energy or water use, more efficient waste recycling, or 
                additional energy generated from more efficient 
                equipment.''.

Summary: Energy Savings Through Public-Private Partnerships Act of 2014 - Amends the National Energy Conservation Policy Act (NECPA) to revise requirements for energy savings performance contracts. (These contracts allow federal agencies to work with private contractors on energy efficiency upgrades to federal facilities.)  Directs each federal facility energy manager to provide an explanation regarding life cycle cost-effective measures that have not been implemented as part of the web-based compliance certification system. (Life cycle costs are the total cost of owning, operating, and maintaining a building over its useful life.) Requires the Department of Energy (DOE) to report to the President and Congress on each agency's energy savings performance contracts and utility energy service contracts, including their investment value and their energy savings. Expands the kinds of energy conservation measures that may be implemented under the contracts by including those involving energy consuming devices and required support structures. Prohibits agencies from limiting recognition of operation and maintenance savings associated with energy systems that were modernized or replaced with energy conservation measures and water conservation measures (e.g. lower energy and water bills thanks to energy efficiency and conservation measures). Authorizes agencies to sell or transfer energy savings and apply the proceeds to fund a contract. Expands the meaning of energy savings to include: (1) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from federal, state, or local governments or utilities; and (2) any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.