[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3079 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3079
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 HOUSE OF REPRESENTATIVES
June 4, 2019
Mr. Welch (for himself and Mr. Kinzinger) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
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'';
(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.''.
<all>
Energy Savings Through Public-Private Partnerships Act of 2019
#3079 | HR Congress #116
Policy Area: Energy
Last Action: Ordered to be Reported by Voice Vote. (7/15/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text