[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2689 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2689

 To amend the National Energy Conservation Policy Act to encourage the 
    increased use of performance contracting in Federal facilities.


_______________________________________________________________________


                    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.

    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 2013''.

SEC. 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.

SEC. 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.''.
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