,,ii #aahth ,,congress #b;d ,session ,s4 #cgec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #g1 #bjbd,mr4 ,welch 7for himself1 ,mr4 ,coons1 ,mrs4 ,shaheen1 ,mr4 ,van ,hollen1 and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,energy ,policy and ,conservation ,act to provide financial assistance to ,states to implement expanded energy savings performance contracting programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,improving ,state and ,local ,government ,access to ,performance ,contracting ,act of #bjbd4 #b4 ,state energy savings performance contracting program expansion 7a7 ,in general ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is amended by adding at the end the following3 #cfg4 ,state energy savings performance contracting program expansion 7a7 ,definitions ,in this section3 7#a7 ,energy savings performance contract ,the term energy savings performance contract means a contract that provides for the performance of services for the design1 acquisition1 installation1 testing1 and1 as appropriate1 operation1 maintenance1 and repair1 of an energy conservation measure1 water conservation measure1 resiliency-related measure1 utility cost savings measure1 or series of such measures at #a or more locations4 7#b7 ,state energy savings performance contracting program ,the term ,state energy savings performance contracting program means a ,state program-- 7,a7 to support the design and implementation of energy savings performance contracts1 including1 to the extent authorized by law1 energy savings performance contracts entered into by ,state or local governments1 public educational institutions1 and other public1 governmental1 and quasigovernmental entities in the ,state2 7,b7 part of which is to support efficiency improvements in rural and underserved communities2 and 7,c7 that may include-- 7i7 the development and provision of model1 template1 or standardized contracts1 guidelines1 procedures1 manuals1 and other related documents2 7ii7 a ,state program for prequalification and certification of energy savings performance contractors2 7iii7 provision of technical and administrative assistance2 and 7iv7 monitoring1 tracking1 and reporting of energy savings performance contracts1 including identifying the number and value of contracts1 energy savings1 water savings1 and financial performance4 7#c7 ,water conservation measure ,the term water conservation measure means a measure that-- 7,a7 improves the efficiency of water use2 7,b7 is life-cycle cost-effective2 and 7,c7 involves water conservation1 water recycling or reuse1 more efficient treatment of wastewater or stormwater1 improvements in operation or maintenance efficiencies1 retrofit activities1 or other related activities that do not occur at a ,federal hydroelectric facility4 7b7 ,financial assistance ,on request of the ,governor of a ,state by not later than #a year after the date of enactment of this section1 the ,secretary shall provide1 subject to the availability of funds1 financial assistance to the ,state energy agency 7as defined in section #cia7 for the implementation1 improvement1 or expansion of a ,state energy savings performance contracting program4 7c7 ,use of funds 7#a7 ,supplement ,financial assistance provided to a ,state under subsection 7b7 shall be used to supplement1 not supplant1 any other ,federal1 ,state1 or other funds made available to that ,state under-- 7,a7 this part2 or 7,b7 the weatherization assistance program established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq474 7#b7 ,other sources ,to the maximum extent practicable1 a ,state receiving financial assistance under subsection 7b7 shall implement1 improve1 or expand a ,state energy savings performance contracting program by primarily using private financing1 public financing1 or any other source of ,federal or non-,federal funds4 7#c7 ,return of unused funds ,a ,state that receives financial assistance under subsection 7b7 but does not expend those funds within #e years of receipt of the funds shall return the unexpended funds to the ,secretary4 7d7 ,allocation ,in providing financial assistance to ,states under subsection 7b71 the ,secretary shall-- 7#a7 to the maximum extent practicable1 allocate funds made available for that purpose-- 7,a7 in accordance with the formula described in section #dbj4aa of title #aj1 ,code of ,federal ,regulations 7as in effect on ,january #a1 #bjba72 and 7,b7 during the fiscal year for which the allocation is made2 and 7#b7 reallocate1 to the maximum extent practicable1 any funds returned under subsection 7c77#c7 in accordance with the formula described in paragraph 7#a77;,a74 7e7 ,technical assistance ,on request of a ,state agency1 the ,secretary shall provide information and technical assistance in the development and implementation of a ,state energy savings performance contracting program4 7f7 ,project facilitator certification program 7#a7 ,in general ,the ,secretary1 in consultation with ,states and the private sector1 shall establish a national project facilitator certification program to expand the availability of individuals1 including ,state and local government employees and independent private sector professionals1 who are trained and certified to work on behalf of a ,state or local government to be project facilitators who will-- 7,a7 ensure that a project carried out under an energy savings performance contract under a ,state energy savings performance contracting program achieves the energy cost savings and performance requirements set forth in the contract2 and 7,b7 otherwise assist with the oversight of projects described in subparagraph 7,a74 7#b7 ,activities ,in carrying out the program established under paragraph 7#a71 the ,secretary may-- 7,a7 train and certify individuals as project facilitators described in paragraph 7#a72 7,b7 develop model criteria for the certification and training of individuals to become project facilitators described in paragraph 7#a72 and 7,c7 transition1 over a #d-year period1 the training and certification activities of the ,secretary described in subparagraph 7,a7 to a nonprofit entity funded with fees generated through the certification process4 7g7 ,funding 7#a7 ,authorization of appropriations ,in addition to funds authorized to be appropriated under section #cfe7;f71 there is authorized to be appropriated to the ,secretary to carry out this section 7except for subsections 7e7 and 7f77 #ce1jjj1jjj for each of fiscal years #bjbd through #bjbh4 7#b7 ,available amounts ,of amounts made available to carry out the programs and activities of the ,federal ,energy ,management ,program of the ,department of ,energy each fiscal year1 the ,secretary shall use not more than #b1jjj1jjj each fiscal year to carry out subsections 7e7 and 7f74 4 7b7 ,conforming amendment ,section #cfb7;d77#e77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77#e77;,a77 is amended by inserting 1 including ,state energy savings performance contracting programs under section #cfg1 after performance contracting programs4 7c7 ,technical amendment ,the table of contents for the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #hi ,stat4 #hgb7 is amended by inserting after the item relating to section #cff the following3 ,sec4 #cfg4 ,state energy savings performance contracting program expansion4 4