Sec. 2. State energy savings performance contracting program expansion
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Part D of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6321 et seq.) is amended by adding at the end the following: Upon request of the Governor of any State, the Secretary shall provide, subject to the availability of funds, Federal financial assistance to such State to assist such State in the implementation, improvement, or expansion of a State energy savings performance contracting program. Federal financial assistance provided to a State pursuant to this section shall be used to supplement, not supplant, any Federal, State, or other funds otherwise made available to such State under— this part; or the weatherization assistance program developed and conducted under part A of title IV of the Energy Conservation and Production Act.
A State may only receive Federal financial assistance under this section if the Governor of such State submits a request for such financial assistance not later than 1 year after the date of enactment of this section. To the extent practicable, a State shall implement a State energy savings performance contracting program primarily utilizing private financing, public financing, or any other sources of funds. In providing Federal financial assistance to States under this section, the Secretary shall— to the extent practicable allocate funds made available for such purpose— in accordance with the formula for allocating funds described in section 420.11 of title 10, Code of Federal Regulations, as in effect on January 1, 2021; and for a fiscal year during such fiscal year; and require any State that is provided financial assistance and that has not expended such funds within 5 years of receipt to return such funds for reallocation, to the extent practicable, in accordance with the formula described in subparagraph (A).
In this section: The term energy savings performance contract means a contract that provides for the performance of services for the design, acquisition, installation, testing, and, where appropriate, operation, maintenance, and repair, of an energy conservation measure, water conservation measure, resiliency-related measure, utility cost savings measure, or series of measures, at 1 or more locations. The term State energy savings performance contracting program — means a State program to support the design and implementation of energy savings performance contracts, including (to the extent authorized by law) energy savings performance contracts entered into by local governments, public educational institutions, and other public, governmental, and quasi-governmental entities; and may include— the development and provision of model, template, or standardized contracts, guidelines, procedures, manuals, and other related documents; a State program for prequalification and certification of energy savings performance contractors; provision of technical and administrative assistance; and monitoring, tracking, and reporting of energy savings performance contracts, including identifying the number and value of contracts, energy savings, water savings, and financial performance.
The term water conservation measure means a measure that improves the efficiency of water use, is life-cycle cost-effective, and involves water conservation, water recycling or reuse, more efficient treatment of wastewater or stormwater, improvements in operation or maintenance efficiencies, retrofit activities, or other related activities, not at a Federal hydroelectric facility. . Section 362(d)(5)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d)(5)(A) ) is amended by inserting (including State energy savings performance contracting programs, as provided in section 367) after performance contracting programs .
The table of contents for the Energy Policy and Conservation Act is amended by adding after the item relating to section 366 the following: Sec. 367. State energy savings performance contracting program expansion. . Section 365(f) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(f) ) is amended— by striking For the purpose of carrying out this part and inserting ; For the purpose of carrying out this part
(1)by striking $125,000,000 for each of fiscal years 2007 through 2012 and inserting $100,000,000 for each of fiscal years 2022 through 2026 ; and by adding at the end the following: In addition to the authorization of appropriations under paragraph (1), for the purposes of carrying out section 367, there are authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026. .
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Sec. 2
State energy savings performance contracting program expansion
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