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S. 239Senate115th Congress (2017-2019)In Committee

Energy Savings Through Public-Private Partnerships Act of 2017

Sponsored by Cory GardnerSen. Cory Gardner (R-CO)
Introduced January 30, 2017

AI-Generated Summary

Updated April 15, 2026 at 12:15 PM UTC

The Energy Savings Through Public‑Private Partnerships Act of 2017 amends the National Energy Conservation Policy Act to make energy‑ and water‑efficiency measures mandatory for federal facilities and to promote the use of performance‑based contracts. It requires agencies to report detailed information on these contracts and allows them to monetize energy‑saving credits to fund further projects. The bill also expands key definitions and clarifies agency authority to enter and manage such contracts.

Key Provisions

  • Changes the energy‑management requirement in the law from optional (“may”) to mandatory (“shall”) for federal facilities.
  • Adds detailed annual reporting requirements, including the status and investment value of energy‑savings performance contracts, guaranteed versus actual savings, plans for new contracts, and explanations for any missed plans.
  • Expands the definition of “energy conservation measures” to cover energy‑consuming devices and their support structures, not just retrofits.
  • Updates authority for agencies to enter contracts, allowing them to limit how operation‑and‑maintenance savings are counted for modernized or replaced systems.
  • Lets federal agencies sell or transfer energy‑savings credits and use the proceeds to fund new contracts.
  • Clarifies that the term “federal building” does not include dams, reservoirs, or hydropower facilities owned or operated by the government.
  • Broadens the definition of “energy savings” to include incentives, rebates, credits, and any revenue from reduced energy or water use, better waste recycling, or extra energy generation from more efficient equipment.
  • Amends cost‑payment language to explicitly include related operation and maintenance expenses.

Legislative Activity

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4 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 98.

May 24, 2017

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SenateIntro Referral

Introduced in Senate

January 30, 2017

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

Energy and Natural Resources Committee

January 30, 2017

SenateCommittee

Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.

Energy and Natural Resources Committee

March 30, 2017

SenateCommittee

Committee on Energy and Natural Resources. Reported by Senator Murkowski without amendment. With written report No. 115-79.

Energy and Natural Resources Committee

May 24, 2017

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 98.

May 24, 2017

Bill Text

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Reported to SenateIssued May 24, 2017

II

Calendar No. 98

115th CONGRESS

1st Session

S. 239

[Report No. 115–79]

IN THE SENATE OF THE UNITED STATES

January 30, 2017

Mr. Gardner (for himself, Mr. Coons, Mr. Portman, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

May 24, 2017

Reported by Ms. Murkowski, without amendment

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.

.

May 24, 2017

Reported without amendment