Title: Energy Savings Through Public-Private Partnerships Act of 2017
Policy area: Energy

Summary:
Energy Savings Through Public-Private Partnerships Act of 2017
This bill amends the National Energy Conservation Policy Act to revise requirements for energy savings performance contracts and utility energy service contracts (performance contracts). These contracts allow federal agencies to work with private contractors on energy efficiency upgrades to federal facilities, unless the facilities are dams, reservoirs, or hydropower facilities owned or operated by federal agencies.
Current law requires federal facility energy managers to evaluate and identify energy and water efficiency measures for federal facilities, but agencies are not required to implement the measures. The bill requires agencies to implement the measures if they are cost-effective.
The Department of Energy must report to the President and Congress on each agency's performance contracts, including their investment value and their energy savings.
The energy conservation measures that may be contained in performance contracts are expanded by including those involving energy consuming devices and required support structures.
Agencies may not limit 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 due to energy efficiency and conservation measures).
Agencies may sell or transfer energy savings and apply the proceeds to fund a performance contract.
The energy savings that may be contained in performance contracts are expanded to include: (1) the use, sale, or transfer of energy incentives, rebates, or credits (including renewable energy credits) from 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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 239 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 239

 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 SENATE OF THE UNITED STATES

                            January 30, 2017

  Mr. Gardner (for himself, Mr. Coons, Mr. Portman, and Mrs. Shaheen) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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 Representatives 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 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 by striking ``may'' and inserting ``shall''.
    (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:
            ``(5)(A) the status of the energy savings performance 
        contracts and utility energy service contracts of each agency;
            ``(B) the investment value of the contracts;
            ``(C) the guaranteed energy savings for the previous 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 implemented.''.
    (c) Definition of Energy Conservation Measures.--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:
                            ``(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 combination 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)(2)) 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 the 
                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) 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 defined 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:
                    ``(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.''.
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