Energy Savings Through Public-Private Partnerships Act of 2014

Bill: 113-hr-2689
Sponsor: full_name: Rep. Gardner, Cory [R-CO-4]
Introduced: 2013-07-16
Policy area: Energy
Subjects: Congressional oversight

Energy efficiency and conservation

Government buildings, facilities, and property

Performance measurement

Public contracts and procurement

Public utilities and utility rates

Water use and supply
Latest action: action_date: 2014-11-19
text: Placed on the Union Calendar, Calendar No. 467.

Summaries:
action_date: 2013-07-16
action_desc: Introduced in House
text: <p>Energy Savings Through Public-Private Partnerships Act of 2013 - Amends the National Energy Conservation Policy Act to direct each federal facility energy manager to consider, not later than two years after completion of a comprehensive energy and water evaluation of a federal agency's facilities: (1) implementing any energy- or water-saving or conservation measure that the agency identified in the evaluation that is life cycle cost-effective, and (2) bundling individual measures of varying paybacks together into combined projects. (Under current law, the energy manager is not required to consider such actions.)</p> <p>Requires the energy manager, as part of the Web-based compliance certification system, to provide reasons for not implementing life cycle cost-effective measures.</p> <p>Requires each agency to: (1) use the benchmarking systems selected or developed for the agency under the Act to track energy savings realized by the agency through the implementation of energy- or water-saving or conservation measures and submit information regarding such savings for publication on a website of the Department of Energy (DOE), and (2) consider using energy savings performance or utility energy service contracts to implement such measures.</p> <p>Establishes a goal of entering into energy savings performance contracts or utility energy service contracts equal to $1 billion in each year during the 5-year period beginning on January 1, 2014. Requires each agency to report annually to DOE, and DOE to report to Congress, on progress towards achieving such goal.</p>

action_date: 2014-11-19
action_desc: Reported to House with amendment(s)
text: <p>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.) </p> <p>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.)</p> <p>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.</p> <p>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.</p> <p>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).</p> <p>Authorizes agencies to sell or transfer energy savings and apply the proceeds to fund a contract.</p> <p>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. </p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2689 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Gardner (for himself, Mr. Welch , Mr. Coffman , Mrs. Roby , Mr. Kinzinger of Illinois , Mr. Matheson , Mr. Griffin of Arkansas , Ms. Kuster , Ms. Bordallo , Mr. Peters of California , Mr. Huffman , Mr. Bera of California , Mr. Nolan , Mr. Lowenthal , Mr. McNerney , Mr. Young of Indiana , Mr. Moran , Mr. Schrader , Mr. Blumenauer , Mr. Maffei , Mr. Loebsack , Mr. Cooper , Mr. Bishop of Georgia , Mr. Cicilline , Mr. Sean Patrick Maloney of New York , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities.

1. Short title This Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2013 . 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. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. 3. Use of energy and water efficiency measures in Federal buildings (a) Implementation of identified energy and water efficiency measures Section 543(f)(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(4) ) is amended to read as follows: (4) Implementation of identified energy and water efficiency measures (A) In general Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider— (i) implementing any energy- or water-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective; and (ii) bundling individual measures of varying paybacks together into combined projects. (B) Measures not implemented The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A). . (b) Annual contracting goal Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended— (1) by striking Each Federal agency and inserting the following: (i) In general Each Federal agency ; and (2) by adding at the end the following new clauses: (ii) Tracking Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy- or water-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public website of the Department of Energy. (iii) Consideration Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy- or water-saving or conservation measures pursuant to paragraph (4). (iv) Contracting goal It shall be the goal of the Federal Government, in the implementation of energy- or water-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. (v) Report to Congress Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal. .

tv_txt: IB Union Calendar No. 467 113th CONGRESS 2d Session H. R. 2689 [Report No. 113–627] IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Gardner (for himself, Mr. Welch , Mr. Coffman , Mrs. Roby , Mr. Kinzinger of Illinois , Mr. Matheson , Mr. Griffin of Arkansas , Ms. Kuster , Ms. Bordallo , Mr. Peters of California , Mr. Huffman , Mr. Bera of California , Mr. Nolan , Mr. Lowenthal , Mr. McNerney , Mr. Young of Indiana , Mr. Moran , Mr. Schrader , Mr. Blumenauer , Mr. Maffei , Mr. Loebsack , Mr. Cooper , Mr. Bishop of Georgia , Mr. Cicilline , Mr. Sean Patrick Maloney of New York , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Energy and Commerce November 19, 2014 Additional sponsors: Mr. Wolf , Mr. Barrow of Georgia , Mr. Mulvaney , Mr. Rodney Davis of Illinois , Mr. Reed , Ms. Jenkins , Mr. Dent , Ms. Gabbard , Mrs. Bustos , Ms. Sinema , Mr. Gibson , Mr. Fattah , Mr. Ruiz , Ms. Brownley of California , Mr. Murphy of Florida , Mr. Ribble , Mr. Runyan , Mr. McKinley , Mr. Paulsen , Mr. Hanna , Ms. Esty , Mr. Gene Green of Texas , Mr. Himes , Mr. Guthrie , Mr. Cartwright , Mr. Garcia , Mr. Joyce , Mr. Schneider , Mr. Delaney , and Mr. Kilmer November 19, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on July 16, 2013 A BILL To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities.

1. Short title This Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2014 . 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. 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. .

November 19, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed