Energy Savings Through Public-Private Partnerships Act of 2019

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Energy Savings 4 Through Public-Private Partnerships Act of 2019’’. 5 VerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42 with BILLS 2 •HR 3079 IH SEC. 2. USE OF ENERGY AND WATER EFFICIENCY MEAS- 1 URES IN FEDERAL BUILDINGS. 2 (a) ENERGY MANAGEMENT REQUIREMENTS.—Sec- 3 tion 543(f)(4) of the National Energy Conservation Policy 4 Act (42 U.S.C. 8253(f)(4)) is amended— 5 (1) by striking subparagraph (B); 6 (2) in the matter preceding subparagraph (A), 7 by striking ‘‘may’’ and all that follows through ‘‘the 8 Federal’’ in subparagraph (A) and inserting the fol- 9 lowing: ‘‘shall implement any energy- or water-sav- 10 ing measure that— 11 ‘‘(i) the Federal’’; 12 (3) in the matter preceding clause (i) (as so 13 designated), by striking ‘‘Not later’’ and inserting 14 the following: 15 ‘‘(A) IN GENERAL.—Not later’’; 16 (4) in subparagraph (A) (as so designated)— 17 (A) in clause (i), by striking ‘‘paragraph 18 (3) that is’’ and inserting the following: ‘‘para- 19 graph (3); and 20 ‘‘(ii) is’’; 21 (B) in clause (ii) (as so designated), by 22 striking ‘‘; and’’ and inserting ‘‘, as determined 23 by evaluating an individual measure or a bundle 24 of measures with varying paybacks.’’; and 25 (5) by adding at the end the following: 26 VerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42 with BILLS 3 •HR 3079 IH ‘‘(B) PERFORMANCE CONTRACTING.—Each 1 Federal agency shall use performance con- 2 tracting to address at least 1⁄2 of the measures 3 identified under subparagraph (A)(i).’’. 4 (b) REPORTS.—Section 548(b) of the National En- 5 ergy Conservation Policy Act (42 U.S.C. 8258(b)) is 6 amended— 7 (1) in paragraph (3), by striking ‘‘and’’ at the 8 end; 9 (2) in paragraph (4), by striking the period at 10 the end and inserting ‘‘; and’’; and 11 (3) by adding at the end the following: 12 ‘‘(5)(A) the status of the energy savings per- 13 formance contracts and utility energy service con- 14 tracts of each agency, to the extent that the infor- 15 mation is not duplicative of information provided to 16 the Secretary under a separate authority; 17 ‘‘(B) the quantity and investment value of the 18 contracts for the previous year; 19 ‘‘(C) the guaranteed energy savings, or for con- 20 tracts without a guarantee, the estimated energy 21 savings, for the previous year, as compared to the 22 measured energy savings for the previous year; 23 VerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42 with BILLS 4 •HR 3079 IH ‘‘(D) a forecast of the estimated quantity and 1 investment value of contracts anticipated in the fol- 2 lowing year for each agency; and 3 ‘‘(E)(i) a comparison of the information de- 4 scribed in subparagraph (B) and the forecast de- 5 scribed in subparagraph (D) in the report of the 6 previous year; and 7 ‘‘(ii) if applicable, the reasons for any dif- 8 ferences in the data compared under clause (i).’’. 9 (c) DEFINITION OF ENERGY CONSERVATION MEAS- 10 URES.—Section 551(4) of the National Energy Conserva- 11 tion Policy Act (42 U.S.C. 8259(4)) is amended by strik- 12 ing ‘‘or retrofit activities’’ and inserting ‘‘retrofit activi- 13 ties, or energy consuming devices and required support 14 structures’’. 15 (d) AUTHORITY TO ENTER INTO CONTRACTS.—Sec- 16 tion 801(a)(2)(F) of the National Energy Conservation 17 Policy Act (42 U.S.C. 8287(a)(2)(F)) is amended— 18 (1) in clause (i), by striking ‘‘or’’ at the end; 19 (2) in clause (ii), by striking the period at the 20 end and inserting ‘‘; or’’; and 21 (3) by adding at the end the following: 22 ‘‘(iii) limit the recognition of oper- 23 ation and maintenance savings associated 24 with systems modernized or replaced with 25 VerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42 with BILLS 5 •HR 3079 IH the implementation of energy conservation 1 measures, water conservation measures, or 2 any combination of energy conservation 3 measures and water conservation meas- 4 ures.’’. 5 (e) MISCELLANEOUS AUTHORITY; EXCLUDED CON- 6 TRACTS.—Section 801(a)(2) of the National Energy Con- 7 servation Policy Act (42 U.S.C. 8287(a)(2)) is amended 8 by adding at the end the following: 9 ‘‘(H) MISCELLANEOUS AUTHORITY.—Not- 10 withstanding subtitle I of title 40, United 11 States Code, a Federal agency may accept, re- 12 tain, sell, or transfer, and apply the proceeds of 13 the sale or transfer of, any energy and water 14 incentive, rebate, grid services revenue, or cred- 15 it (including a renewable energy certificate) to 16 fund a contract under this title. 17 ‘‘(I) EXCLUDED CONTRACTS.—A contract 18 entered into under this title may not be for 19 work performed— 20 ‘‘(i) at a Federal hydroelectric facility 21 that provides power marketed by a Power 22 Marketing Administration; or 23 ‘‘(ii) at a hydroelectric facility owned 24 and operated by the Tennessee Valley Au- 25 VerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42 with BILLS 6 •HR 3079 IH thority established under the Tennessee 1 Valley Authority Act of 1933 (16 U.S.C. 2 831 et seq.).’’. 3 (f) PAYMENT OF COSTS.—Section 802 of the Na- 4 tional Energy Conservation Policy Act (42 U.S.C. 8287a) 5 is amended by striking ‘‘(and related operation and main- 6 tenance expenses)’’ and inserting ‘‘, including related op- 7 erations and maintenance expenses’’. 8 (g) DEFINITION OF ENERGY SAVINGS.—Section 9 804(2) of the National Energy Conservation Policy Act 10 (42 U.S.C. 8287c(2)) is amended— 11 (1) in subparagraph (A), by striking ‘‘federally 12 owned building or buildings or other federally owned 13 facilities’’ and inserting ‘‘Federal building (as de- 14 fined in section 551)’’ each place it appears; 15 (2) in subparagraph (C), by striking ‘‘; and’’ 16 and inserting a semicolon; 17 (3) in subparagraph (D), by striking the period 18 at the end and inserting a semicolon; and 19 (4) by adding at the end the following: 20 ‘‘(E) the use, sale, or transfer of any en- 21 ergy and water incentive, rebate, grid services 22 revenue, or credit (including a renewable energy 23 certificate); and 24 VerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42 with BILLS 7 •HR 3079 IH ‘‘(F) any revenue generated from a reduc- 1 tion in energy or water use, more efficient 2 waste recycling, or additional energy generated 3 from more efficient equipment.’’. 4 Æ VerDate Sep 11 2014 04:11 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3079.IH H3079 kjohnson on DSK79L0C42 with BILLS