[Congressional Record Volume 159, Number 156 (Tuesday, November 5, 2013)]
[Senate]
[Pages S7830-S7831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SCHATZ (for himself, Mr. Alexander, and Mr. Coats):
  S. 1652. A bill to amend the National Energy Conservation Policy Act 
to provide guidance on utility energy service contracts used by Federal 
agencies, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. SCHATZ. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1652

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S7831]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Utility Energy Service 
     Contracts Improvement Act of 2013''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Federal government is the largest consumer of 
     energy in the United States;
       (2) Federal agencies are expected to meet, by law, 
     Executive order, and mandate, stringent energy efficiency and 
     conservation targets;
       (3) the utility energy service contract (referred to in 
     this section as ``UESC'') was developed to provide Federal 
     agencies an effective means to implement energy efficiency, 
     renewable energy and water efficiency projects, and has been 
     used successfully to invest nearly $2,700,000,000 in property 
     at Federal facilities;
       (4) the General Services Administration, which manages more 
     than 9,600 Federal properties and is the lead agency for 
     procuring utility services for the Federal government, has 
     determined that UESCs may extend beyond a 10-year period 
     under the law;
       (5) the Federal Energy Management Program, which oversees 
     the UESC program and is a principal office guiding agencies 
     to use funding more effectively in meeting Federal and 
     agency-specific energy and resource management objectives, 
     has determined that UESCs may extend beyond a 10-year period 
     under the law;
       (6) extensive precedent exists for Federal agencies to 
     contract for energy saving services using contracts with term 
     limits of more than 10 years but not to exceed 25 years;
       (7) a number of Federal agencies, contrary to congressional 
     intent, have sought to limit UESC term limits to periods of 
     less than 10 years; and
       (8) greater flexibility with UESCs will help reduce the 
     operational cost of Federal agencies, ultimately saving money 
     for taxpayers.

     SEC. 3. UTILITY ENERGY SERVICE CONTRACTS.

       Part 3 of title V of the National Energy Conservation 
     Policy Act is amended by adding after section 553 (42 U.S.C. 
     8259b) the following:

     ``SEC. 554. UTILITY ENERGY SERVICE CONTRACTS.

       ``(a) In General.--Each Federal agency may use, to the 
     maximum extent practicable, measures provided by law to meet 
     energy efficiency and conservation mandates and laws, 
     including through utility energy service contracts.
       ``(b) Contract Period.--The term of a utility energy 
     service contract entered into by a Federal agency may have a 
     contract period that extends beyond 10 years, but not to 
     exceed 25 years.
       ``(c) Requirements.--The conditions of a utility energy 
     service contract entered into by a Federal agency shall 
     include requirements for measurement, verification, and 
     performance assurances or guarantees of the savings.''.
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