[DOCID: f:s72is.txt]






107th CONGRESS
  1st Session
                                 S. 72

  To amend the National Energy Conservation Policy Act to enhance and 
 extend authority relating to energy savings performance contracts of 
                        the Federal Government.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To amend the National Energy Conservation Policy Act to enhance and 
 extend authority relating to energy savings performance contracts of 
                        the Federal Government.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Efficient Cost Savings 
Improvement Act of 2001''.

SEC. 2. ENHANCEMENT AND EXTENSION OF AUTHORITY RELATING TO ENERGY 
              SAVINGS PERFORMANCE CONTRACTS OF THE FEDERAL GOVERNMENT.

    (a) Energy Savings Through Construction of Replacement 
Facilities.--Section 804 of the National Energy Conservation Policy Act 
(42 U.S.C. 8287c) is amended--
            (1) in paragraph (2)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
                    (B) by inserting ``(A)'' after ``(2)''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(B) The term also means a reduction in the cost of 
        energy, from such a base cost, that would otherwise be utilized 
        in a federally owned building or buildings or other federally 
        owned facilities by reason of the construction and operation of 
        one or more buildings or facilities to replace such federally 
        owned building or buildings or other federally owned 
        facilities.''; and
            (2) in paragraph (3), by inserting after the first sentence 
        the following new sentence: ``The terms also mean a contract 
        that provides for energy savings through the construction and 
        operation of one or more buildings or facilities to replace one 
        or more existing buildings or facilities.''.
    (b) Cost Savings from Operation and Maintenance Efficiencies in 
Replacement Facilities.--Section 801(a) of that Act (42 U.S.C. 8287(a)) 
is amended by adding at the end the following new paragraph:
    ``(3)(A) In the case of an energy savings contract or energy 
savings performance contract providing for energy savings through the 
construction and operation of one or more buildings or facilities to 
replace one or more existing buildings or facilities, benefits 
ancillary to the purpose of such contract under paragraph (1) may 
include savings resulting from reduced costs of operation and 
maintenance at such replacement buildings or facilities when compared 
with costs of operation and maintenance at the buildings or facilities 
being replaced.
    ``(B) Notwithstanding paragraph (2)(B), aggregate annual payments 
by an agency under an energy savings contract or energy savings 
performance contract referred to in subparagraph (A) may take into 
account (through the procedures developed pursuant to this section) 
savings resulting from reduced costs of operation and maintenance as 
described in that subparagraph.''.
    (c) Five-Year Extension of Authority.--Section 801(c) of that Act 
(42 U.S.C. 8287(c)) is amended by striking ``October 1, 2003'' and 
inserting ``October 1, 2008''.
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