Improving State and Local Government Access to Performance Contracting Act
Bill: H.R.2267 | Sponsor: Rep. Welch, Peter (D-VT)
Policy area: Energy

Summary:
Improving State and Local Government Access to Performance Contracting Act
This bill requires the Department of Energy (DOE) to provide financial assistance to states for the implementation, improvement, or expansion of a state energy savings performance contracting program. Energy savings performance contract means a contract that provides for the performance of services for the design, acquisition, installation, testing, operation, maintenance, or repair of an energy conservation measure, water conservation measure, resiliency-related measure, utility cost savings measure, or series of measures.
Upon the request of a state, DOE must provide information and technical assistance in the development and implementation of such a state program.
Further, DOE must establish a national project facilitator certification program to expand the availability of individuals who are trained and certified to work on behalf of the state and local government as project facilitators who will assist with the oversight of projects under state programs.

To amend the Energy Policy and Conservation Act to provide Federal 
  financial assistance to States to implement expanded energy savings 
       performance contracting programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. STATE ENERGY SAVINGS PERFORMANCE CONTRACTING 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 CONTRACTING PROGRAM 
              EXPANSION.

    ``(a) Assistance.--Upon request of the Governor of any State, the 
Secretary shall provide, subject to the availability of funds, Federal 
financial assistance to such State to assist such State in the 
implementation, improvement, or expansion of a State energy savings 
performance contracting program.
    ``(b) Funding.--
            ``(1) Supplement.--Federal financial assistance provided to 
        a State pursuant to this section shall be used to supplement, 
        not supplant, any Federal, State, or other funds otherwise made 
        available to such State under--
                    ``(A) this part; or
                    ``(B) the weatherization assistance program 
                developed and conducted under part A of title IV of the 
                Energy Conservation and Production Act.
            ``(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 performance contracting 
        program primarily utilizing private financing, public 
        financing, or any other sources of funds.
            ``(4) Allocation.--In providing Federal financial 
        assistance to States under this section, the Secretary 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 Regulations, as in 
                        effect on January 1, 2021; and
                            ``(ii) for a fiscal year during such fiscal 
                        year; and
                    ``(B) require any State that is provided financial 
                assistance and that has not expended such funds within 
                5 years of receipt to return such funds for 
                reallocation, to the extent practicable, in accordance 
                with the formula described in subparagraph (A).
    ``(c) Definitions.--In this section:
            ``(1) Energy savings performance contract.--The term 
        `energy savings performance contract' means a contract that 
        provides for the performance of services for the design, 
        acquisition, installation, testing, and, where appropriate, 
        operation, maintenance, and repair, of an energy conservation 
        measure, water conservation measure, resiliency-related 
        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 savings performance 
                contracts, including (to the extent authorized by law) 
                energy savings performance contracts entered into by 
                local governments, public educational institutions, and 
                other public, governmental, and quasi-governmental 
                entities; and
                    ``(B) may include--
                            ``(i) the development and provision of 
                        model, template, or standardized contracts, 
                        guidelines, procedures, manuals, and other 
                        related documents;
                            ``(ii) a State program for prequalification 
                        and certification of energy savings performance 
                        contractors;
                            ``(iii) provision of technical and 
                        administrative assistance; and
                            ``(iv) monitoring, tracking, and reporting 
                        of energy savings performance contracts, 
                        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 wastewater or stormwater, improvements 
        in operation or maintenance efficiencies, retrofit activities, 
        or other related activities, not at a Federal hydroelectric 
        facility.''.
            (2) Conforming amendments.--
                    (A) State energy conservation plan inclusion.--
                Section 362(d)(5)(A) of the Energy Policy and 
                Conservation Act (42 U.S.C. 6322(d)(5)(A)) is amended 
                by inserting ``(including State energy savings 
                performance contracting 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 appropriations 
        under paragraph (1), for the purposes of carrying out section 
        367, there are authorized to be 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 information and technical assistance in the 
development and implementation of a State energy savings performance 
contracting program.
    (b) Project Facilitator Certification Program.--
            (1) Establishment.--The Secretary, in consultation with 
        States and the private sector, shall establish a national 
        project facilitator certification program to expand the 
        availability of individuals, including 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 contracts developed under such State 
                energy savings 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 certification 
                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 Secretary 
                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 contracting program.--The terms ``energy 
        savings performance contract'' and ``State energy savings 
        performance contracting program'' have the meaning given such 
        terms in section 367(c) of the Energy Policy and Conservation 
        Act (as added by section 2 of this Act)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (3) State energy agency.--The term ``State energy agency'' 
        has the meaning given such term in section 391(10) of the 
        Energy Policy and Conservation Act (42 U.S.C. 6371(10)).
    (d) Funding.--The Secretary may use amounts made available to carry 
out the programs and activities of the Office of Strategic Programs 
within the Office of Energy Efficiency and Renewable Energy of the 
Department of Energy to carry out this section.
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