[Congressional Record Volume 160, Number 134 (Thursday, September 18, 2014)]
[Senate]
[Page S5796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SENATE RESOLUTION 562--EXPRESSING THE SENSE OF THE SENATE THAT 
  PERFORMANCE-BASED CONTRACTS FOR ENERGY SAVINGS ARE A BUDGET-NEUTRAL 
    MEANS TO SUPPORT THE FEDERAL GOVERNMENT IN REDUCING ITS ENERGY 
CONSUMPTION WITHOUT INCREASING SPENDING WHILE SIMULTANEOUSLY SUPPORTING 
           UNITED STATES BASED JOBS AND ECONOMIC DEVELOPMENT

  Mr. COONS (for himself, Mr. Hoeven, Mrs. Shaheen, Mr. Portman, Ms. 
Landrieu, Ms. Collins, Mr. Franken, Mr. Graham, Mr. Wyden, Mr. 
Chambliss, Mr. Menendez, Mr. Reed of Rhode Island, Mr. Merkley, Mr. 
King, Mr. Schatz, Mr. Markey, Mr. Booker, Mr. Blumenthal, Ms. Warren, 
and Mr. Donnelly) submitted the following resolution; which was 
referred to the Committee on the Budget:

                              S. Res. 562

       Whereas Energy Savings Performance Contracts and Utility 
     Energy Service Contracts were first authorized by Congress in 
     1986 and 1992 respectively and reduce energy costs and 
     consumption at Federal buildings and facilities without 
     relying on additional appropriations;
       Whereas the contracts are financed by a third-party and 
     realize sufficient energy savings to cover the cost of the 
     financed improvements over the contract term;
       Whereas the contractor provides a guarantee of energy 
     savings for the Energy Savings Performance Contract and the 
     utility provides energy savings performance assurances or 
     guarantees of the savings for the Utility Energy Service 
     Contract;
       Whereas performance-based contracting is an opportunity for 
     significant savings so much so that the Oak Ridge National 
     Laboratory has determined that under an Energy Savings 
     Performance Contract the total cost savings delivered to the 
     Government is nearly twice the guaranteed amount;
       Whereas the Energy Independence and Security Act of 2007 
     required a Government-wide audit of facilities and, although 
     to date only half of those buildings have been surveyed, it 
     has been established that at least $9,000,000,000 worth of 
     energy savings that could be achieved within a decade;
       Whereas the Office of Management and Budget first 
     recognized savings from Energy Savings Performance Contracts 
     and Utility Energy Service Contracts on an annual basis 
     throughout the term of the contract as far back as 1998;
       Whereas the Congressional Budget Office instead has 
     determined that the full cost of the authority to enter into 
     the long-term contracts for capital investments be scored 
     upfront as new mandatory spending while the savings in energy 
     costs that flow from these investments be realized over time 
     as part of the annual appropriations process;
       Whereas this has continued to hinder the ability of 
     Congress to pass legislation ensuring additional energy and 
     cost savings to the Federal Government through utilization of 
     these contracts despite their proven savings; and
       Whereas there is broad bipartisan and bicameral recognition 
     in Congress of the value of these energy saving contracts: 
     Now, therefore, be it
       Resolved, That it is the sense of the Senate that 
     legislation regarding Energy Savings Performance Contracts 
     and Utility Energy Service Contracts, and legislation which 
     may lead to their use by the Federal Government, should 
     receive Congressional scoring treatment that allows future 
     year guaranteed discretionary savings to be counted against 
     the mandatory spending attributed to undertaking such 
     contracts.

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