I 113th CONGRESS 1st Session H. R. 1659 IN THE HOUSE OF REPRESENTATIVES April 18, 2013 Mr. Welch (for himself and Mr. Gardner ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for utilizing energy savings performance contracts and utility energy service contracts.

1. Short title This Act may be cited as the Federal Buildings Energy Savings Act of 2013 . 2. Utilizing energy savings performance contracts and utility energy service contracts (a) Implementation of energy management requirements Section 543(f)(10) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(10) ) is amended— (1) in subparagraph (B)(i), by striking To carry and inserting To the extent consistent with subparagraph (C), to carry ; (2) in subparagraph (B)(ii), by striking A Federal and inserting To the extent consistent with subparagraph (C), a Federal ; and (3) by amending subparagraph (C) to read as follows: (C) Implementation (i) General rule Except as provided in clause (i) or (ii) of this subparagraph, each Federal agency shall implement the requirements under this subsection through private financing described in subparagraph (B)(i)(II). (ii) Exception A Federal agency may implement the requirements under this subsection using appropriated funds described in subparagraph (B)(i)(I) if implementation pursuant to clause (i) of this subparagraph conflicts with the primary mission of the agency or facility, or if greater cost savings can be generated under a different program. A Federal agency shall provide a written justification for any decision to implement such requirements under this clause, including an analysis of the impact of such decision on the taxpayer. (iii) Federal administrative costs A Federal agency may implement the requirements under this subsection using appropriated funds described in subparagraph (B)(i)(I) to the extent necessary to cover Federal administrative costs with respect to implementation pursuant to clause (i) of this subparagraph. . (b) Termination clauses Section 801(b)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(b)(2) ) is amended— (1) by striking and at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C)(iv) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (D) require each agency to include in contracts appropriate termination clauses for facilities that will or may close before the end of the term of the contract. . (c) ESPCs for electric vehicles and fueling infrastructure Section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) a measure to support the use of electric vehicles or the fueling or charging infrastructure necessary for electric vehicles. . (d) UESCs for Electric Vehicles and Fueling Infrastructure Section 546 of the National Energy Conservation Policy Act ( 42 U.S.C. 8256 ) is amended in subsection (c)(1) by inserting , including measures taken to finance the acquisition or use of electric-powered vehicles or their fueling infrastructure, after demand .