[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3753 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3753

 To amend the Energy Policy and Conservation Act to provide financial 
 assistance to States to implement expanded energy savings performance 
             contracting programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2024

 Mr. Welch (for himself, Mr. Coons, Mrs. Shaheen, Mr. Van Hollen, and 
  Ms. Smith) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Energy Policy and Conservation Act to provide financial 
 assistance to States to implement expanded energy savings performance 
             contracting programs, 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 ``Improving State and Local 
Government Access to Performance Contracting Act of 2024''.

SEC. 2. STATE ENERGY SAVINGS PERFORMANCE CONTRACTING PROGRAM EXPANSION.

    (a) In General.--Part D of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the 
end the following:

``SEC. 367. STATE ENERGY SAVINGS PERFORMANCE CONTRACTING PROGRAM 
              EXPANSION.

    ``(a) Definitions.--In this section:
            ``(1) Energy savings performance contract.--The term 
        `energy savings performance contract' means a contract that 
        provides for the performance of services for the design, 
        acquisition, installation, testing, and, as appropriate, 
        operation, maintenance, and repair, of an energy conservation 
        measure, water conservation measure, resiliency-related 
        measure, utility cost savings measure, or series of such 
        measures at 1 or more locations.
            ``(2) State energy savings performance contracting 
        program.--The term `State energy savings performance 
        contracting program' means a State program--
                    ``(A) to support the design and implementation of 
                energy savings performance contracts, including, to the 
                extent authorized by law, energy savings performance 
                contracts entered into by State or local governments, 
                public educational institutions, and other public, 
                governmental, and quasigovernmental entities in the 
                State;
                    ``(B) part of which is to support efficiency 
                improvements in rural and underserved communities; and
                    ``(C) that may include--
                            ``(i) the development and provision of 
                        model, template, or standardized contracts, 
                        guidelines, procedures, manuals, and other 
                        related documents;
                            ``(ii) a State program for prequalification 
                        and certification of energy savings performance 
                        contractors;
                            ``(iii) provision of technical and 
                        administrative assistance; and
                            ``(iv) monitoring, tracking, and reporting 
                        of energy savings performance contracts, 
                        including identifying the number and value of 
                        contracts, energy savings, water savings, and 
                        financial performance.
            ``(3) Water conservation measure.--The term `water 
        conservation measure' means a measure that--
                    ``(A) improves the efficiency of water use;
                    ``(B) is life-cycle cost-effective; and
                    ``(C) involves water conservation, water recycling 
                or reuse, more efficient treatment of wastewater or 
                stormwater, improvements in operation or maintenance 
                efficiencies, retrofit activities, or other related 
                activities that do not occur at a Federal hydroelectric 
                facility.
    ``(b) Financial Assistance.--On request of the Governor of a State 
by not later than 1 year after the date of enactment of this section, 
the Secretary shall provide, subject to the availability of funds, 
financial assistance to the State energy agency (as defined in section 
391) for the implementation, improvement, or expansion of a State 
energy savings performance contracting program.
    ``(c) Use of Funds.--
            ``(1) Supplement.--Financial assistance provided to a State 
        under subsection (b) shall be used to supplement, not supplant, 
        any other Federal, State, or other funds made available to that 
        State under--
                    ``(A) this part; or
                    ``(B) the weatherization assistance program 
                established under part A of title IV of the Energy 
                Conservation and Production Act (42 U.S.C. 6861 et 
                seq.).
            ``(2) Other sources.--To the maximum extent practicable, a 
        State receiving financial assistance under subsection (b) shall 
        implement, improve, or expand a State energy savings 
        performance contracting program by primarily using private 
        financing, public financing, or any other source of Federal or 
        non-Federal funds.
            ``(3) Return of unused funds.--A State that receives 
        financial assistance under subsection (b) but does not expend 
        those funds within 5 years of receipt of the funds shall return 
        the unexpended funds to the Secretary.
    ``(d) Allocation.--In providing financial assistance to States 
under subsection (b), the Secretary shall--
            ``(1) to the maximum extent practicable, allocate funds 
        made available for that purpose--
                    ``(A) in accordance with the formula described in 
                section 420.11 of title 10, Code of Federal Regulations 
                (as in effect on January 1, 2021); and
                    ``(B) during the fiscal year for which the 
                allocation is made; and
            ``(2) reallocate, to the maximum extent practicable, any 
        funds returned under subsection (c)(3) in accordance with the 
        formula described in paragraph (1)(A).
    ``(e) Technical Assistance.--On request of a State agency, the 
Secretary shall provide information and technical assistance in the 
development and implementation of a State energy savings performance 
contracting program.
    ``(f) Project Facilitator Certification Program.--
            ``(1) In general.--The Secretary, in consultation with 
        States and the private sector, shall establish a national 
        project facilitator certification program to expand the 
        availability of individuals, including State and local 
        government employees and independent private sector 
        professionals, who are trained and certified to work on behalf 
        of a State or local government to be project facilitators who 
        will--
                    ``(A) ensure that a project carried out under an 
                energy savings performance contract under a State 
                energy savings performance contracting program achieves 
                the energy cost savings and performance requirements 
                set forth in the contract; and
                    ``(B) otherwise assist with the oversight of 
                projects described in subparagraph (A).
            ``(2) Activities.--In carrying out the program established 
        under paragraph (1), the Secretary may--
                    ``(A) train and certify individuals as project 
                facilitators described in paragraph (1);
                    ``(B) develop model criteria for the certification 
                and training of individuals to become project 
                facilitators described in paragraph (1); and
                    ``(C) transition, over a 4-year period, the 
                training and certification activities of the Secretary 
                described in subparagraph (A) to a nonprofit entity 
                funded with fees generated through the certification 
                process.
    ``(g) Funding.--
            ``(1) Authorization of appropriations.--In addition to 
        funds authorized to be appropriated under section 365(f), there 
        is authorized to be appropriated to the Secretary to carry out 
        this section (except for subsections (e) and (f)) $35,000,000 
        for each of fiscal years 2024 through 2028.
            ``(2) Available amounts.--Of amounts made available to 
        carry out the programs and activities of the Federal Energy 
        Management Program of the Department of Energy each fiscal 
        year, the Secretary shall use not more than $2,000,000 each 
        fiscal year to carry out subsections (e) and (f).''.
    (b) Conforming Amendment.--Section 362(d)(5)(A) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(d)(5)(A)) is amended by 
inserting ``, including State energy savings performance contracting 
programs under section 367,'' after ``performance contracting 
programs''.
    (c) Technical Amendment.--The table of contents for the Energy 
Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is 
amended by inserting after the item relating to section 366 the 
following:

``Sec. 367. State energy savings performance contracting program 
                            expansion.''.
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