Energy Savings Through Public-Private Partnerships Act of 2015

Bill: 114-s-858
Sponsor: full_name: Sen. Gardner, Cory [R-CO]
Introduced: 2015-03-25
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: 2015-04-30
text: Committee on Energy and Natural Resources. Hearings held.

Summaries:
action_date: 2015-03-25
action_desc: Introduced in Senate
text: <p><b>Energy Savings Through Public-Private Partnerships Act of 2015</b></p> </p> <p>This bill amends the National Energy Conservation Policy Act to revise requirements for energy savings performance and utility energy service contracts (performance contracts). (These contracts allow federal agencies to work with private contractors on energy efficiency upgrades to federal facilities.) </p> <p>Each federal facility energy manager must 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>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.</p> <p>The energy conservation measures that may be contained in performance contracts are expanded by including those involving energy consuming devices and required support structures.</p> <p>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).</p> <p>Agencies may sell or transfer energy savings and apply the proceeds to fund a performance contract.</p> <p>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. </p>

tv_txt: II 114th CONGRESS 1st Session S. 858 IN THE SENATE OF THE UNITED STATES March 25, 2015 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.

1. Short title This Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2015 . 2. Findings Congress finds that— (1) private sector funding and expertise can help address the energy efficiency challenges facing the United States; (2) the Federal Government spends more than $6,000,000,000 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 using 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; and (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 indenting appropriately; (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: (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: (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 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. .