[Congressional Record Volume 161, Number 8 (Friday, January 16, 2015)]
[Senate]
[Pages S240-S241]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 36. Mr. GARDNER (for himself and Mr. Coons) submitted an amendment
intended to be proposed to amendment SA 2 proposed by Ms. Murkowski
(for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, Mr. Flake,
Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. Portman, Mr.
Alexander, and Mrs. Capito) to the bill S. 1, to approve the Keystone
XL Pipeline; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN
FEDERAL BUILDINGS.
(a) Findings.--Congress finds that--
(1) private sector funding and expertise can help address
the energy efficiency challenges facing the United States;
(2) the Federal Government spends more than $6,000,000,000
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 using 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; and
(6) retrofits that reduce energy use also improve
infrastructure, protect national security, and cut facility
operations and maintenance costs.
(b) 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 redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(2) by striking ``Not later than'' and inserting the
following:
``(A) In general.--Not later than''; and
(3) by adding at the end the following:
``(B) Measures not implemented.--Each energy manager, as
part of the certification system under paragraph (7) and
using guidelines developed by the Secretary, shall provide an
explanation regarding any life-cycle cost-effective measures
described in subparagraph (A)(i) that have not been
implemented.''.
(c) Reports.--Section 548(b) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
[[Page S241]]
(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;
``(B) the investment value of the contracts;
``(C) the guaranteed energy savings for the previous year
as compared to the actual energy savings for the previous
year;
``(D) the plan for entering into the contracts in the
coming year; and
``(E) information explaining why any previously submitted
plans for the contracts were not implemented.''.
(d) 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''.
(e) 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.''.
(f) Miscellaneous Authority.--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 any other
provision of law, a Federal agency may sell or transfer
energy savings and apply the proceeds of the sale or transfer
to fund a contract under this title.''.
(g) 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''.
(h) 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 energy incentives,
rebates, or credits (including renewable energy credits) from
Federal, State, or local governments or utilities; 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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