2000 
[DOCID: f:s352is.txt]






107th CONGRESS
  1st Session
                                 S. 352

 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 SENATE OF THE UNITED STATES

                           February 15, 2001

  Mr. Bingaman (for himself, Mr. Daschle, Mr. Leahy, Mr. Dorgan, Mr. 
 Kennedy, Ms. Mikulski, Mr. Levin, Mr. Dodd, Mr. Schumer, Mr. Breaux, 
  Mr. Durbin, Mr. Kerry, Mr. Dayton, Ms. Cantwell, Mr. Corzine, Mrs. 
 Clinton, Mr. Reid, Mr. Akaka, Mrs. Carnahan, Mr. Johnson, Mr. Conrad, 
  Mr. Wellstone, Ms. Landrieu, Mr. Kohl, Mr. Nelson of Nebraska, Mr. 
Reed, Mr. Lieberman, and Mr. Bayh) introduced the following bill; which 
  was read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 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.--(1) 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.''.
    (2) Section 2605(b)(2) of the Low-Income Home Energy Assistance Act 
of 1981 (42 U.S.C. 8624(b)(2)) is amended by adding at the end the 
following:
        ``And except that during fiscal year 2001, a State may make 
        payments under this title to households with incomes up to and 
        including 200 percent of the poverty level for such State;''.
    (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:
            ``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 conse
469
rvation 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:
            ``The term `energy or water conservation measure' means--
                    ``(A) an energy conservation measure, 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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