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H.R. 723 (115th): Energy Savings Through Public-Private Partnerships Act of 2017

The text of the bill below is as of Feb 23, 2018 (Reported by House Committee).


IB

Union Calendar No. 435

115th CONGRESS

2d Session

H. R. 723

[Report No. 115–575]

IN THE HOUSE OF REPRESENTATIVES

January 30, 2017

(for himself and Mr. Welch) introduced the following bill; which was referred to the Committee on Energy and Commerce

February 23, 2018

Additional sponsors: Mrs. Love, Mr. Perlmutter, Mr. Grijalva, Mr. Cole, Mr. Cartwright, and Mr. Peters

February 23, 2018

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on January 30, 2017


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.


1.

Short title

This Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2017.

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 by striking may and inserting shall.

(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;

(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.

.

(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

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.

.

(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 Federal building

Section 551(6) of the National Energy Conservation Policy Act (42 U.S.C. 8259(6)) is amended by striking the semicolon at the end and inserting ; the term does not include a dam, reservoir, or hydropower facility owned or operated by a Federal agency;.

(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.

.

February 23, 2018

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed