,,ii #aafth ,,congress #ast ,session ,s4 #agjf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #d1 #bjai,mr4 ,gardner 7for himself and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,national ,energy ,conservation ,policy ,act to encourage the increased use of performance contracting in ,federal facilities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,energy ,savings ,through ,public-,private ,partnerships ,act of #bjai4 #b4 ,use of energy and water efficiency measures in ,federal buildings 7a7 ,energy management requirements ,section #edc7;f77#d7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7;f77#d77 is amended-- 7#a7 by striking subparagraph 7,b72 7#b7 in the matter preceding subparagraph 7,a71 by striking may and all that follows through the ,federal in subparagraph 7,a7 and inserting the following3 shall implement any energy- or water-saving measure that-- 7i7 the ,federal 2 7#c7 in the matter preceding clause 7i7 7as so designated71 by striking ,not later and inserting the following3 7,a7 ,in general ,not later 2 7#d7 in subparagraph 7,a7 7as so designated7-- 7,a7 in clause 7i71 by striking paragraph 7#c7 that is and inserting the following3 paragraph 7#c72 and 7ii7 is 2 and 7,b7 in clause 7ii7 7as so designated71 by striking 2 and and inserting 1 as determined by evaluating an individual measure or a bundle of measures with varying paybacks42 and 7#e7 by adding at the end the following3 7,b7 ,performance contracting ,each ,federal agency shall use performance contracting to address at least #a_/b of the measures identified under subparagraph 7,a77i74 4 7b7 ,reports ,section #edh7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbeh7;b77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 7,a7 the status of the energy savings performance contracts and utility energy service contracts of each agency1 to the extent that the information is not duplicative of information provided to the ,secretary under a separate authority2 7,b7 the quantity and investment value of the contracts for the previous year2 7,c7 the guaranteed energy savings1 or for contracts without a guarantee1 the estimated energy savings1 for the previous year1 as compared to the measured energy savings for the previous year2 7,d7 a forecast of the estimated quantity and investment value of contracts anticipated in the following year for each agency2 and 7,e7 7i7 a comparison of the information described in subparagraph 7,b7 and the forecast described in subparagraph 7,d7 in the report of the previous year2 and 7ii7 if applicable1 the reasons for any differences in the data compared under clause 7i74 4 7c7 ,definition of energy conservation measures ,section #eea7d7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbei7d77 is amended by striking or retrofit activities and inserting retrofit activities1 or energy consuming devices and required support structures4 7d7 ,authority ,to enter into contracts ,section #hja7;a77#b77;,f7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg7;a77#b77;,f77 is amended-- 7#a7 in clause 7i71 by striking or at the end2 7#b7 in clause 7ii71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7iii7 limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementation of energy conservation measures1 water conservation measures1 or any combination of energy conservation measures and water conservation measures4 4 7e7 ,miscellaneous authority2 excluded contracts ,section #hja7;a77#b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg7;a77#b77 is amended by adding at the end the following3 7,h7 ,miscellaneous authority ,notwithstanding subtitle ,i of title #dj1 ,united ,states ,code1 a ,federal agency may accept1 retain1 sell1 or transfer1 and apply the proceeds of the sale or transfer of1 any energy and water incentive1 rebate1 grid services revenue1 or credit 7including a renewable energy certificate7 to fund a contract under this title4 7,i7 ,excluded contracts ,a contract entered into under this title may not be for work performed-- 7i7 at a ,federal hydroelectric facility that provides power marketed by a ,power ,marketing ,administration2 or 7ii7 at a hydroelectric facility owned and operated by the ,tennessee ,valley ,authority established under the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq474 4 7f7 ,payment of costs ,section #hjb of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg;a7 is amended by striking 7and related operation and maintenance expenses7 and inserting 1 including related operations and maintenance expenses4 7g7 ,definition of energy savings ,section #hjd7b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbhg;c7#b77 is amended-- 7#a7 in subparagraph 7,a71 by striking federally owned building or buildings or other federally owned facilities and inserting ,federal building 7as defined in section #eea7 each place it appears2 7#b7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7#c7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following3 7,e7 the use1 sale1 or transfer of any energy and water incentive1 rebate1 grid services revenue1 or credit 7including a renewable energy certificate72 and 7,f7 any revenue generated from a reduction in energy or water use1 more efficient waste recycling1 or additional energy generated from more efficient equipment4 4