2000 
[DOCID: f:h683ih.txt]






107th CONGRESS
  1st Session
                                H. R. 683

 To increase the authorization of appropriations for low-income energy 
    assistance, weatherization, and State energy conservation grant 
 programs, to expand the use of energy savings performance contracts, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2001

 Mr. Markey (for himself, Mr. Frost, Mrs. Maloney of New York, and Mr. 
  Hilliard) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
Education and the Workforce, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To increase the authorization of appropriations for low-income energy 
    assistance, weatherization, and State energy conservation grant 
 programs, to expand the use of energy savings performance contracts, 
                        and for other purposes.

    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 Emergency Response Act of 
2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) high energy costs are causing hardship for families;
            (2) restructured energy markets have increased the need for 
        a higher and more consistent level of funding for low income 
        energy assistance programs;
            (3) conservation programs implemented by the States and the 
        low income weatherization program reduce costs and need for 
        additional energy supplies;
            (4) energy conservation is a cornerstone of national energy 
        security policy;
            (5) the Federal Government is the largest consumer of 
        energy in the economy of the United States; and
            (6) many opportunities exist for significant energy cost 
        savings within the Federal Government.
    (b) Purposes.--The purposes of this Act are to provide assistance 
to those individuals most affected by high energy prices and to promote 
and accelerate energy conservation investments in private and Federal 
facilities.

SEC. 3. INCREASED FUNDING FOR LIHEAP, WEATHERIZATION, AND STATE ENERGY 
              GRANTS.

    (a) LIHEAP.--Section 2602(b) of the Low-Income Home Energy 
Assistance Act of 1981 (42 U.S.C. 8621(b)) is amended by striking the 
first sentence and inserting the following: ``There are authorized to 
be appropriated to carry out the provisions of this title (other than 
section 2607A), $3,400,000,000 for each of fiscal years 2001 through 
2005.''.
    (b) Weatherization Assistance.--Section 422 of the Energy 
Conservation and Production Act (42 U.S.C. 6872) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary and 
inserting ``$310,000,000 for each of fiscal years 2001 through 2005''.
    (c) State Energy Conservation Grants.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking 
``for fiscal years 1999 through 2003 such sums as may be necessary'' 
and inserting ``$75,000,000 for each of fiscal years 2001 through 
2005''.

SEC. 4. FEDERAL ENERGY MANAGEMENT REVIEWS.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended by adding at the end the following:
    ``(e) Priority Response Reviews.--Each agency shall--
            ``(1) not later than October 1, 2001, undertake a 
        comprehensive review of all practicable measures for--
                    ``(A) increasing energy and water conservation, and
                    ``(B) using renewable energy sources; and
            ``(2) not later than 180 days after completing the review, 
        implement measures to achieve not less than 50 percent of the 
        potential efficiency and renewable savings identified in the 
        review.''.

SEC. 5. COST SAVINGS FROM REPLACEMENT FACILITIES.

    Section 801(a) of the National Energy Conservation Policy Act (42 
U.S.C. 8287(a)) is amended by adding at the end the following:
    ``(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 subparagraph (A).''.

SEC. 6. REPEAL OF ENERGY SAVINGS PERFORMANCE CONTRACT SUNSET.

    Section 801(c) of the National Energy Conservation Policy Act (42 
U.S.C. 8287(c)) is repealed.

SEC. 7. ENERGY SAVINGS PERFORMANCE CONTRACT DEFINITIONS.

    (a) Energy Savings.--Section 804(2) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to read as 
follows:
            ``(2) The term ``energy savings'' means a reduction in the 
        cost of energy or water, from a base cost established through a 
        methodology set forth in the contract, used in either--
                    ``(A) an existing federally owned building or 
                buildings or other federally owned facilities as a 
                result of--
                            ``(i) the lease or purchase of operating 
                        equipment, improvements, altered operation and 
                        maintenance, or technical services;
                            ``(ii) the increased efficient use of 
                        existing energy sources by cogeneration or heat 
                        recovery, excluding any cogeneration process 
                        for other than a federally owned building or 
                        buildings or other federally owned facilities; 
                        or
                            ``(iii) the increased efficient use of 
                        existing water sources; or
                    ``(B) a replacement facility under section 
                801(a)(3).''.
    (b) Energy Savings Contract.--Section 804(3) of the National Energy 
Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as 
follows:
            ``(3) The terms `energy savings contract' and `energy 
        savings performance contract' mean a contract which provides 
        for--
                    ``(A) the performance of services for the design, 
                acquisition, installation, testing, operation, and, 
                where appropriate, maintenance and repair, of an 
                identified energy or water conservation measure or 
                series of measures at one or more locations; or
                    ``(B) energy savings through the construction and 
                operation of one or more buildings or facilities to 
                replace one or more existing buildings or 
                facilities.''.
    (c) Energy or Water Conservation Measure.--Section 804(4) of the 
National Energy Conservation Policy Act (42 U.S.C. 8287c(4) is amended 
to read as follows:
            ``(4) The term `energy or water conservation measure' 
        means--
                    ``(A) an energy conservation me
213
asure, as defined in 
                section 551(4) (42 U.S.C. 8259(4)); or
                    ``(B) a water conservation measure that improves 
                water efficiency, is life cycle cost effective, and 
                involves water conservation, water recycling or reuse, 
                improvements in operation or maintenance efficiencies, 
                retrofit activities or other related activities, not at 
                a Federal hydroelectric facility.''.
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