Sec. 6. Clean energy contracting
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In this subsection: The term cogeneration facility has the meaning given the term in section 3 of the Federal Power Act ( 16 U.S.C. 796 ). The term renewable energy source has the meaning given the term renewable energy in section 203(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 15852(b) ). The Administrator of General Services may enter into a contract— for the acquisition of energy generated from renewable energy sources or from cogeneration facilities; and notwithstanding section 501(b)(1)(B) of title 40, United States Code, the term of which is not more than 30 years.
Section 801(a)(2) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287(a)(2) ) is amended— in subparagraph (E)— by redesignating clauses
(i)and
(ii)as subclauses
(I)and (II), respectively, and indenting appropriately; in the matter preceding subclause
(I)(as so redesignated), by striking In carrying out and inserting the following: In carrying out ; and by adding at the end the following: Notwithstanding subtitle I of title 40, United States Code, the Administrator of General Services may accept, retain, sell, or transfer, and apply the proceeds of the sale or transfer of, any energy and water incentive, rebate, grid service revenue, or credit (including a renewable energy certificate) to fund a contract under this title. ; and in subparagraph (F), by striking clauses
(i)and
(ii)and inserting the following: establish a Federal agency policy that limits the maximum contract term under subparagraph
(D)to a period shorter than 25 years; or limit the total amount of obligations under energy savings performance contracts or other private financing of energy savings measures; and in the case of the General Services Administration, 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. . Section 802 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287a ) is amended— by striking Any amount paid by a Federal agency and inserting the following: Any amount paid by a Federal agency other than the General Services Administration ; in subsection
(a)(as so designated), by striking (and related operation and maintenance expenses) and inserting , including related operations and maintenance expenses ; and by adding at the end the following: Any amount paid by the General Services Administration pursuant to any contract entered into under this title may be paid only from funds appropriated or otherwise made available to the General Services Administration for the payment of energy, water, or wastewater treatment expenses, including related operations and maintenance expenses. . Section 804 of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c ) is amended— in paragraph (2)— in subparagraph (A), by redesignating clauses
(i)through
(iii)as subclauses
(I)through (III), respectively, and indenting appropriately; by redesignating subparagraphs
(A)through
(D)as clauses
(i)through (iv), respectively, and indenting appropriately; by striking the paragraph designation and all that follows through means— in the matter preceding clause
(i)(as so redesignated) and inserting the following: The term energy savings means— ; and by adding at the end the following: With respect to the General Services Administration, the term energy savings includes— the use, sale, or transfer of any energy and water incentive, rebate, grid service revenue, or credit (including a renewable energy certificate); and any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment. ; and in paragraph (4)(A), by striking 551 and inserting 551, which includes, in the case of a measure taken by the Administrator of General Services, a measure that is applied to a Federal building that involves energy consuming devices and required support structures .
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