H.R. 723House115th Congress (2017-2019)In Committee

Energy Savings Through Public-Private Partnerships Act of 2017

Introduced January 30, 2017

AI-Generated Summary

Updated April 15, 2026 at 12:16 PM UTC

The Energy Savings Through Public‑Private Partnerships Act of 2017 changes the National Energy Conservation Policy Act to make federal agencies required to use performance‑based energy‑saving contracts more often. It adds new reporting rules, expands what counts as energy‑conservation measures, and lets agencies sell or transfer saved energy value to fund these contracts. The changes affect all federal buildings and facilities that are subject to the energy‑conservation law.

Key Provisions

  • Requires agencies to *shall* use energy‑management measures, turning a previous optional language into a mandatory one.
  • Adds detailed annual reporting on the status, investment value, guaranteed versus actual energy savings, future plans, and reasons for any missed plans for performance contracts.
  • Broadens the definition of energy‑conservation measures to include energy‑consuming devices and their support structures.
  • Allows agencies to limit how they count operation‑and‑maintenance savings when modernizing systems with energy‑ or water‑conservation measures.
  • Gives agencies authority to sell or transfer energy‑savings revenue and use the proceeds to fund new contracts.
  • Clarifies that “federal building” does not include dams, reservoirs, or hydropower facilities.
  • Expands what counts as “energy savings” to include incentives, rebates, credits, and revenue from reduced energy or water use, waste recycling, or additional energy generation.

Legislative Activity

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7 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 435.

February 23, 2018

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HouseIntro Referral

Introduced in House

January 30, 2017

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

January 30, 2017

HouseCommittee

Referred to the Subcommittee on Energy.

February 3, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 7, 2017

HouseCommittee

Ordered to be Reported (Amended) by Unanimous Consent.

June 7, 2017

HouseCommittee

Subcommittee on Energy Discharged.

June 7, 2017

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-575.

February 23, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 435.

February 23, 2018

Bill Text

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Reported in HouseIssued February 23, 2018

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Union Calendar No. 435

115th CONGRESS

2d Session

H. R. 723

[Report No. 115–575]

IN THE HOUSE OF REPRESENTATIVES

January 30, 2017

Mr. Kinzinger (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