[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1706 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1706

 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

                              June 4, 2019

Mr. Gardner (for himself and Mr. Coons) 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 2019''.

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--
            (1) by striking subparagraph (B);
            (2) in the matter preceding subparagraph (A), by striking 
        ``may'' and all that follows through ``the Federal'' in 
        subparagraph (A) and inserting the following: ``shall implement 
        any energy- or water-saving measure that--
                            ``(i) the Federal'';
            (3) in the matter preceding clause (i) (as so designated), 
        by striking ``Not later'' and inserting the following:
                    ``(A) In general.--Not later'';
            (4) in subparagraph (A) (as so designated)--
                    (A) in clause (i), by striking ``paragraph (3) that 
                is'' and inserting the following: ``paragraph (3); and
                            ``(ii) is''; and
                    (B) in clause (ii) (as so designated), by striking 
                ``; and'' and inserting ``, as determined by evaluating 
                an individual measure or a bundle of measures with 
                varying paybacks.''; and
            (5) by adding at the end the following:
                    ``(B) Performance contracting.--Each Federal agency 
                shall use performance contracting to address at least 
                \1/2\ of the measures identified under subparagraph 
                (A)(i).''.
    (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, 
        to the extent that the information is not duplicative of 
        information provided to the Secretary under a separate 
        authority;
            ``(B) the quantity and investment value of the contracts 
        for the previous year;
            ``(C) the guaranteed energy savings, or for contracts 
        without a guarantee, the estimated energy savings, for the 
        previous year, as compared to the measured energy savings for 
        the previous year;
            ``(D) a forecast of the estimated quantity and investment 
        value of contracts anticipated in the following year for each 
        agency; and
            ``(E)(i) a comparison of the information described in 
        subparagraph (B) and the forecast described in subparagraph (D) 
        in the report of the previous year; and
            ``(ii) if applicable, the reasons for any differences in 
        the data compared under clause (i).''.
    (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; Excluded Contracts.--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 
                subtitle I of title 40, United States Code, a Federal 
                agency may accept, retain, sell, or transfer, and apply 
                the proceeds of the sale or transfer of, any energy and 
                water incentive, rebate, grid services revenue, or 
                credit (including a renewable energy certificate) to 
                fund a contract under this title.
                    ``(I) Excluded contracts.--A contract entered into 
                under this title may not be for work performed--
                            ``(i) at a Federal hydroelectric facility 
                        that provides power marketed by a Power 
                        Marketing Administration; or
                            ``(ii) at a hydroelectric facility owned 
                        and operated by the Tennessee Valley Authority 
                        established under the Tennessee Valley 
                        Authority Act of 1933 (16 U.S.C. 831 et 
                        seq.).''.
    (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 any energy and 
                water incentive, rebate, grid services revenue, or 
                credit (including a renewable energy certificate); 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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