Page:United States Statutes at Large Volume 121.djvu/1679

 121 STAT. 1658

PUBLIC LAW 110–140—DEC. 19, 2007

‘‘(3) TERMS AND CONDITIONS.—A demonstration project funded under this section shall be subject to such terms and conditions as the Architect of the Capitol may prescribe. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the feasibility study and demonstration project $3,000,000. Such sums shall remain available until expended.’’.

Subtitle B—Energy Savings Performance Contracting SEC. 511. AUTHORITY TO ENTER INTO CONTRACTS; REPORTS.

(a) IN GENERAL.—Section 801(a)(2)(D) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(D)) is amended— (1) in clause (ii), by inserting ‘‘and’’ after the semicolon at the end; (2) by striking clause (iii); and (3) by redesignating clause (iv) as clause (iii). (b) REPORTS.—Section 548(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8258(a)(2)) is amended by inserting ‘‘and any termination penalty exposure’’ after ‘‘the energy and cost savings that have resulted from such contracts’’. (c) CONFORMING AMENDMENT.—Section 2913 of title 10, United States Code, is amended by striking subsection (e). SEC. 512. FINANCING FLEXIBILITY.

Section 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the following: ‘‘(E) FUNDING OPTIONS.—In carrying out a contract under this title, a Federal agency may use any combination of— ‘‘(i) appropriated funds; and ‘‘(ii) private financing under an energy savings performance contract.’’. SEC. 513. PROMOTING LONG-TERM ENERGY SAVINGS PERFORMANCE CONTRACTS AND VERIFYING SAVINGS.

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Section 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) (as amended by section 512) is amended— (1) in subparagraph (D), by inserting ‘‘beginning on the date of the delivery order’’ after ‘‘25 years’’; and (2) by adding at the end the following: ‘‘(F) PROMOTION OF CONTRACTS.—In carrying out this section, a Federal agency shall not— ‘‘(i) establish a Federal agency policy that limits the maximum contract term under subparagraph (D) to a period shorter than 25 years; or ‘‘(ii) limit the total amount of obligations under energy savings performance contracts or other private financing of energy savings measures. ‘‘(G) MEASUREMENT AND VERIFICATION REQUIREMENTS FOR PRIVATE FINANCING.— ‘‘(i) IN GENERAL.—In the case of energy savings performance contracts, the evaluations and savings

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