Section 1 Short title
This Act may be cited as the “Utility Energy Service Contracts Improvement Act of 2013”.
Utility Energy Service Contracts Improvement Act of 2013
A BILL
To amend the National Energy Conservation Policy Act to provide guidance on utility energy service contracts used by Federal agencies, and for other purposes.
Sec. 2 Findings
Congress finds that—
the Federal Government is the largest consumer of energy in the United States;
Federal agencies are expected to meet, by law, Executive order, and mandate, stringent energy efficiency and conservation targets;
the utility energy service contract (referred to in this section as “UESC”) was developed to provide Federal agencies an effective means to implement energy efficiency, renewable energy and water efficiency projects, and has been used successfully to invest nearly $2,700,000,000 in property at Federal facilities;
the General Services Administration, which manages more than 9,600 Federal properties and is the lead agency for procuring utility services for the Federal Government, has determined that UESCs may extend beyond a 10-year period under the law;
the Federal Energy Management Program, which oversees the UESC program and is a principal office guiding agencies to use funding more effectively in meeting Federal and agency-specific energy and resource management objectives, has determined that UESCs may extend beyond a 10-year period under the law;
extensive precedent exists for Federal agencies to contract for energy saving services using contracts with term limits of more than 10 years but not to exceed 25 years;
a number of Federal agencies, contrary to congressional intent, have sought to limit UESC term limits to periods of less than 10 years; and
greater flexibility with UESCs will help reduce the operational cost of Federal agencies, ultimately saving money for taxpayers.
Sec. 3 Utility energy service contracts
Part 3 of title V of the National Energy Conservation Policy Act is amended by adding after section 553 (42 U.S.C. 8259b) the following:
“554. Utility energy service contracts
“(a) In general—Each Federal agency may use, to the maximum extent practicable, measures provided by law to meet energy efficiency and conservation mandates and laws, including through utility energy service contracts.
“(b) Contract period—The term of a utility energy service contract entered into by a Federal agency may have a contract period that extends beyond 10 years, but not to exceed 25 years.
“(c) Requirements—The conditions of a utility energy service contract entered into by a Federal agency shall include requirements for measurement, verification, and performance assurances or guarantees of the savings.”