S.Amdt. 4731

1. Adds SEC. 6. ENERGY SAVINGS PERFORMANCE CONTRACTS at the end of the bill

   Adds a section

   In S. 3711 · Placed on Calendar Senate

   (B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.

   Inserted: SEC. 6. ENERGY SAVINGS PERFORMANCE CONTRACTS.

   Inserted: (a) Retention of Savings.--Section 546(c) of the National Energy Conservation Policy Act (42 U.S.C. 8256(c)) is amended by striking paragraph (5).

   Inserted: (b) Financing Flexibility.--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:

   Inserted: "(E) Separate contracts.--In carrying out a contract under this title, a Federal agency may--

   Inserted: "(i) enter into a separate contract for energy services and conservation measures under the contract; and

   Inserted: "(ii) provide all or part of the financing necessary to carry out the contract.".

   Inserted: (c) Definition of Energy Savings.--Section 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--

   Inserted: (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately;

   Inserted: (2) by striking "means a reduction" and inserting "means--

   Inserted: "(A) a reduction";

   Inserted: (3) by striking the period at the end and inserting a semicolon; and

   Inserted: (4) by adding at the end the following:

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   Inserted: "(B) the increased efficient use of an existing energy source by cogeneration or heat recovery, and installation of renewable energy systems;

   Inserted: "(C) the sale or transfer of electrical or thermal energy generated on-site, but in excess of Federal needs, to utilities or non-Federal energy users; and

   Inserted: "(D) the increased efficient use of existing water sources in interior or exterior applications.".

   Inserted: (d) Energy and Cost Savings in Nonbuilding Applications.--

   Inserted: (1) Definitions.--In this subsection:

   Inserted: (A) Nonbuilding application.--The term "nonbuilding application" means--

   Inserted: (i) any class of vehicles, devices, or equipment that is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air and that consumes energy from any fuel source for the purpose of--

   Inserted: (I) that transportation; or

   Inserted: (II) maintaining a controlled environment within the vehicle, device, or equipment; and

   Inserted: (ii) any federally-owned equipment used to generate electricity or transport water.

   Inserted: (B) Secondary savings.--

   Inserted: (i) In general.--The term "secondary savings" means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to an energy savings performance contract.

   Inserted: (ii) Inclusions.--The term "secondary savings" includes--

   Inserted: (I) energy and cost savings that result from a reduction in the need for fuel delivery and logistical support;

   Inserted: (II) personnel cost savings and environmental benefits; and

   Inserted: (III) in the case of electric generation equipment, the benefits of increased efficiency in the production of electricity, including revenues received by the Federal Government from the sale of electricity so produced.

   Inserted: (2) Study.--

   Inserted: (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Energy and the Secretary of Defense shall jointly conduct, and submit to Congress and the President a report of, a study of the potential for the use of energy savings performance contracts to reduce energy consumption and provide energy and cost savings in nonbuilding applications.

   Inserted: (B) Requirements.--The study under this subsection shall include--

   Inserted: (i) an estimate of the potential energy and cost savings to the Federal Government, including secondary savings and benefits, from increased efficiency in nonbuilding applications;

   Inserted: (ii) an assessment of the feasibility of extending the use of energy savings performance contracts to nonbuilding applications, including an identification of any regulatory or statutory barriers to such use; and

   Inserted: (iii) such recommendations as the Secretary of Energy and Secretary of Defense determine to be appropriate.

   Original wording

   At the end, add the following:

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As printed