US (United States) Code. Title 42. Chapter 91: National energy conservation policy

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

-HEAD-

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

8201. Findings and statement of purposes.

(a) Findings.

(b) Statement of purposes.

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

PART A - UTILITY PROGRAM

8211 to 8229. Omitted.

PART B - MISCELLANEOUS

8231. Grants for energy conserving improvements;

establishment of standards; authorization of

appropriations.

8232. Residential energy efficiency standards study.

(a) General authority.

(b) Specific factors.

(c) Comments and findings by Secretary of Energy.

(d) Report date.

8233. Weatherization study.

PART C - RESIDENTIAL ENERGY EFFICIENCY PROGRAMS

8235. "Residential building" defined.

8235a. Approval of plans for prototype residential energy

efficiency programs and provision of financial

assistance for such programs.

(a) Plan approval.

(b) Contract requirements.

(c) Provision of financial assistance.

(d) Limitation.

8235b. Applications for approval of plans for prototype

residential energy efficiency programs.

8235c. Approval of applications for plans for prototype

residential energy efficiency programs.

(a) Approval requirements.

(b) Factors in approving applications.

8235d. Rules and regulations.

(a) Proposed rules and regulations.

(b) Final rules and regulations.

8235e. Authority of Federal Energy Regulatory Commission to

exempt application of certain laws.

8235f. Application of other laws.

(a) Lack of immunity.

(b) Utility programs under part A.

(c) "Antitrust laws" defined.

8235g. Records and reports.

(a) Records.

(b) Reports.

8235h. Revoking approval of plans and terminating financial

assistance.

8235i. Authorization of appropriations.

(a) Authorization of appropriations.

(b) Availability.

PART D - RESIDENTIAL ENERGY EFFICIENCY RATING GUIDELINES

8236. Voluntary rating guidelines.

(a) In general.

(b) Contents of guidelines.

8236a. Technical assistance.

8236b. Report.

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

PART A - DEMONSTRATION OF SOLAR HEATING AND COOLING IN FEDERAL

BUILDINGS

8241. Definitions.

8242. Federal solar program.

8243. Duties of Secretary.

(a) Duties.

(b) Contents of proposals.

(c) Initial submission of proposals.

(d) Program to disseminate information to Federal

procurement and loan officers.

8244. Authorization of appropriations.

PART B - FEDERAL ENERGY MANAGEMENT

8251. Findings.

8252. Purpose.

8253. Energy management requirements.

(a) Energy performance requirement for Federal

buildings.

(b) Energy management requirement for Federal

agencies.

(c) Exclusions.

(d) Implementation steps.

8254. Establishment and use of life cycle cost methods and

procedures.

(a) Establishment of life cycle cost methods and

procedures.

(b) Use of life cycle cost methods and procedures.

(c) Use in non-Federal structures.

8255. Budget treatment for energy conservation measures.

8256. Incentives for agencies.

(a) Contracts.

(b) Federal Energy Efficiency Fund.

(c) Utility incentive programs.

(d) Financial incentive program for facility energy

managers.

8257. Interagency Energy Management Task Force.

(a) In general.

(b) Members.

(c) Duties.

8258. Reports.

(a) Reports to Secretary.

(b) Reports to Congress.

(c) Other report.

8258a. Demonstration of new technology.

(a) Demonstration program.

(b) Selection criteria.

(c) Proposals.

(d) Participation by GSA.

(e) Study.

(f) Authorization of appropriations.

8258b. Survey of energy saving potential.

(a) In general.

(b) Implementation.

(c) Personnel.

(d) Report.

8259. Definitions.

8260, 8261. Omitted.

8262. Definitions.

8262a. Report by General Services Administration.

8262b. Intergovernmental energy management planning and

coordination.

(a) Conference workshops.

(b) Focus of workshops.

(c) Establishment of workshop timetable.

8262c. Federal agency energy management training.

(a) Energy management training.

(b) Report to Task Force.

(c) Requirements at Federal facilities.

(d) Annual report to Secretary and Congress.

8262d. Energy audit teams.

(a) Establishment.

(b) Monitoring programs.

8262e. Federal energy cost accounting and management.

(a) Guidelines.

(b) Contents of guidelines.

(c) Federally leased space energy reporting

requirement.

8262f. Inspector General review and agency accountability.

(a) Audit survey.

(b) President's Council on Integrity and Efficiency

report to Congress.

(c) Inspector General review.

8262g. Procurement and identification of energy efficient

products.

(a) Procurement.

(b) Identification program.

(c) Guidelines.

(d) Report to Congress.

8262h. United States Postal Service energy regulations.

(a) In general.

(b) Identification of energy efficiency products.

8262i. United States Postal Service energy management report.

8262j. Energy management requirements for United States

Postal Service.

(a) Energy management requirements for postal

facilities.

(b) Implementation steps.

8262k. Government contract incentives.

(a) Establishment of criteria.

(b) Purpose of criteria.

PART C - FEDERAL PHOTOVOLTAIC UTILIZATION

8271. "Federal facility" and "Secretary" defined.

8272. Photovoltaic energy program.

8273. Purpose of program.

8274. Acquisition of systems.

8275. Administration.

8276. System evaluation and purchase program.

(a) Program.

(b) Other procurement.

8277. Advisory committee.

(a) Establishment.

(b) Membership.

(c) Termination.

8278. Authorization of appropriations.

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

PART A - GENERAL PROVISIONS

8281 to 8281b. Repealed.

PART B - ENERGY CONSERVATION PLANS

8282 to 8282b. Repealed.

PART C - UTILITY PROGRAMS

8283, 8283a. Repealed.

PART D - FEDERAL IMPLEMENTATION

8284. Repealed.

SUBCHAPTER V - ENERGY AUDITOR TRAINING AND CERTIFICATION

8285. Purpose.

8285a. Definitions.

8285b. Grants.

8285c. Authorization of appropriations.

SUBCHAPTER VI - COORDINATION OF FEDERAL ENERGY CONSERVATION FACTORS

AND DATA

8286. Consensus on factors and data for energy conservation

standards.

8286a. Use of factors and data.

8286b. Omitted.

SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE CONTRACTS

8287. Authority to enter into contracts.

(a) In general.

(b) Implementation.

(c) Sunset requirements.

8287a. Payment of costs.

8287b. Reports.

8287c. Definitions.

8287d. Assistance to Federal agencies in achieving energy

efficiency in Federal facilities and operations.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 8201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 8201. Findings and statement of purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) the United States has survived a period of energy shortage

and has made significant progress toward improving energy

efficiency in all sectors of the economy;

(2) effective measures must continue to be taken by the Federal

Government and other users and suppliers of energy to control the

rate of growth of demand for energy and the efficiency of its

use;

(3) the continuation of this effort will permit the United

States to become increasingly independent of the world oil

market, less vulnerable to interruption of foreign oil supplies,

and more able to provide energy to meet future needs; and

(4) all sectors of the economy of the United States should

continue to reduce significantly the demand for nonrenewable

energy resources such as oil and natural gas by implementing and

maintaining effective conservation measures for the efficient use

of these and other energy sources.

(b) Statement of purposes

The purposes of this chapter are to provide for the regulation of

interstate commerce, to reduce the growth in demand for energy in

the United States, and to conserve nonrenewable energy resources

produced in this Nation and elsewhere, without inhibiting

beneficial economic growth.

-SOURCE-

(Pub. L. 95-619, title I, Sec. 102, Nov. 9, 1978, 92 Stat. 3208;

Pub. L. 99-412, title I, Sec. 101, Aug. 28, 1986, 100 Stat. 932.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 95-619, Nov. 9, 1978, 92 Stat. 3206, as

amended, known as the National Energy Conservation Policy Act. For

complete classification of this Act to the Code, see Short Title

note set out below and Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-412 amended subsec. (a) generally.

Prior to amendment, subsec. (a) read as follows: "The Congress

finds that -

"(1) the United States faces an energy shortage arising from

increasing demand for energy, particularly for oil and natural

gas, and insufficient domestic supplies of oil and natural gas to

satisfy that demand;

"(2) unless effective measures are promptly taken by the

Federal Government and other users of energy to reduce the rate

of growth of demand for energy, the United States will become

increasingly dependent on the world oil market, increasingly

vulnerable to interruptions of foreign oil supplies, and unable

to provide the energy to meet future needs; and

"(3) all sectors of our Nation's economy must begin immediately

to significantly reduce the demand for nonrenewable energy

resources such as oil and natural gas by implementing and

maintaining effective conservation measures for the efficient use

of these and other energy sources."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-615, Sec. 1, Nov. 5, 1988, 102 Stat. 3185, provided

that: "This Act [enacting section 5001 of Title 15, Commerce and

Trade, amending sections 6361 and 8251 to 8259 of this title,

omitting sections 8260 and 8261 of this title, and enacting

provisions set out as a note under section 8253 of this title] may

be cited as the 'Federal Energy Management Improvement Act of

1988'."

SHORT TITLE OF 1986 AMENDMENT

Section 1 of Pub. L. 99-412 provided that: "This Act [enacting

sections 8227 to 8229 of this title, amending sections 8201, 8211,

8213 to 8220, and 8226 of this title, repealing sections 8281 to

8281b, 8282 to 8282b, 8283, 8283a, and 8284 of this title, and

enacting provisions set out as notes under sections 8211, 8216,

8217, 8281, and 8282 of this title] may be cited as the

'Conservation Service Reform Act of 1986'."

SHORT TITLE

Section 101(a) of Pub. L. 95-619 provided that: "This Act

[enacting this chapter, sections 1490i, 6215, 6311 to 6317, 6344a,

6371, 6371a to 6371j, 6372, 6372a to 6372i, 6373, 6873, and 7141 of

this title, and sections 1723f to 1723h of Title 12, Banks and

Banking, amending sections 300k-2, 300n-1, 1437c, 1471, 1474, 1483,

6202, 6211, 6233 to 6241, 6243 to 6245, 6272 to 6274, 6291 to 6299,

6303 to 6309, 6321 to 6327, 6341 to 6346, 6361, 6381, 6383, 6392,

6836, 6862, 6863, 6865, and 6872 of this title, sections 1451,

1703, 1709, 1713, 1715z-6, 1717, and 1735f-4 of Title 12, and

sections 2006 and 2008 of Title 15, Commerce and Trade, repealing

section 6397 of this title, and enacting provisions set out as

notes under this section, sections 6321, 6344a, 6345, 6371, and

6372 of this title, section 2006 of Title 15, and section 217 of

Title 23, Highways] may be cited as the 'National Energy

Conservation Policy Act'."

Section 561 of Pub. L. 95-619 provided that: "This part [part 4

(Secs. 561-569) of title V of Pub. L. 95-619, enacting sections

8271 to 8278 of this title] may be cited as the 'Federal

Photovoltaic Utilization Act'."

-End-

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42 USC SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

-HEAD-

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 12 sections 1451, 1717.

-End-

-CITE-

42 USC Part A - Utility Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part A - Utility Program

-HEAD-

PART A - UTILITY PROGRAM

-End-

-CITE-

42 USC Secs. 8211 to 8229 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part A - Utility Program

-HEAD-

Secs. 8211 to 8229. Omitted

-COD-

CODIFICATION

Sections were omitted pursuant to section 8229 of this title,

which terminated authority under this part June 30, 1989.

Section 8211, Pub. L. 95-619, title II, Sec. 210, Nov. 9, 1978,

92 Stat. 3209; Pub. L. 96-294, title V, Secs. 541, 542(a), June 30,

1980, 94 Stat. 741; Pub. L. 99-412, title I, Sec. 102(d)(1),

(h)(1), Aug. 28, 1986, 100 Stat. 933, 934, defined terms for this

part.

Section 8212, Pub. L. 95-619, title II, Sec. 211, Nov. 9, 1978,

92 Stat. 3211, related to coverage of this part.

Section 8213, Pub. L. 95-619, title II, Sec. 212, Nov. 9, 1978,

92 Stat. 3211; Pub. L. 96-294, title V, Sec. 542(b), June 30, 1980,

94 Stat. 741; Pub. L. 99-412, title I, Sec. 102(c), (d)(2), (h)(2),

Aug. 28, 1986, 100 Stat. 933, 934; Pub. L. 100-418, title V, Sec.

5115(c), Aug. 23, 1988, 102 Stat. 1433, related to rules of

Secretary for submission and approval of plans.

Section 8214, Pub. L. 95-619, title II, Sec. 213, Nov. 9, 1978,

92 Stat. 3213; Pub. L. 96-294, title V, Secs. 542(c), 543, 546(b),

(c), June 30, 1980, 94 Stat. 742, 744; Pub. L. 99-412, title I,

Sec. 102(b)(3), (h)(3), Aug. 28, 1986, 100 Stat. 933, 934, related

to requirements for State residential energy conservation plans for

regulated utilities.

Section 8215, Pub. L. 95-619, title II, Sec. 214, Nov. 9, 1978,

92 Stat. 3214; Pub. L. 99-412, title I, Sec. 102(h)(4), Aug. 28,

1986, 100 Stat. 934, related to plan requirements for nonregulated

utilities and home heating suppliers.

Section 8216, Pub. L. 95-619, title II, Sec. 215, Nov. 9, 1978,

92 Stat. 3215; Pub. L. 96-294, title V, Sec. 544, June 30, 1980, 94

Stat. 742; Pub. L. 99-412, title I, Sec. 102(a)(1), (2)(A), (b)(1),

(e), (h)(5)-(7), Aug. 28, 1986, 100 Stat. 932-934, related to

utility programs.

Section 8217, Pub. L. 95-619, title II, Sec. 216, Nov. 9, 1978,

92 Stat. 3217; Pub. L. 96-294, title V, Secs. 545, 546(a), 547,

June 30, 1980, 94 Stat. 743, 744; Pub. L. 99-412, title I, Secs.

102(h)(8), (9), 106(a)-(c), Aug. 28, 1986, 100 Stat. 934, 941, 942;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

105-388, Sec. 5(c)(2), Nov. 13, 1998, 112 Stat. 3479, related to

supply and installation by public utilities.

Section 8218, Pub. L. 95-619, title II, Sec. 217, Nov. 9, 1978,

92 Stat. 3219; Pub. L. 99-412, title I, Sec. 102(a)(1), (b)(2),

Aug. 28, 1986, 100 Stat. 932, 933, related to home heating supplier

programs.

Section 8219, Pub. L. 95-619, title II, Sec. 218, Nov. 9, 1978,

92 Stat. 3220; Pub. L. 99-412, title I, Sec. 102(g), Aug. 28, 1986,

100 Stat. 934, related to temporary programs.

Section 8220, Pub. L. 95-619, title II, Sec. 219, Nov. 9, 1978,

92 Stat. 3220; Pub. L. 99-412, title I, Sec. 102(f), Aug. 28, 1986,

100 Stat. 933, related to Federal standby authority.

Section 8221, Pub. L. 95-619, title II, Sec. 220, Nov. 9, 1978,

92 Stat. 3222; Pub. L. 96-294, title V, Secs. 542(d), 550, June 30,

1980, 94 Stat. 742, 745, provided relationship to other laws.

Section 8222, Pub. L. 95-619, title II, Sec. 221, Nov. 9, 1978,

92 Stat. 3223, authorized promulgation of rules.

Section 8223, Pub. L. 95-619, title II, Sec. 222, Nov. 9, 1978,

92 Stat. 3223; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23,

1988, 102 Stat. 1433, related to product standards.

Section 8224, Pub. L. 95-619, title II, Sec. 223, Nov. 9, 1978,

92 Stat. 3223, authorized appropriations.

Section 8225, Pub. L. 95-619, title II, Sec. 224, Nov. 9, 1978,

92 Stat. 3223, required report on energy conservation in apartment

buildings.

Section 8226, Pub. L. 95-619, title II, Sec. 225, Nov. 9, 1978,

92 Stat. 3224; Pub. L. 99-412, title I, Sec. 104(a), Aug. 28, 1986,

100 Stat. 939, provided for reports and dissemination of

information.

Section 8227, Pub. L. 95-619, title II, Sec. 226, as added Pub.

L. 99-412, title I, Sec. 103(a), Aug. 28, 1986, 100 Stat. 935,

related to alternative State plans.

Section 8228, Pub. L. 95-619, title II, Sec. 227, as added Pub.

L. 99-412, title I, Sec. 103(a), Aug. 28, 1986, 100 Stat. 937,

related to waiver for regulated and nonregulated utilities.

Section 8229, Pub. L. 95-619, title II, Sec. 228, as added Pub.

L. 99-412, title I, Sec. 105(a), Aug. 28, 1986, 100 Stat. 941,

provided that all authority, including authority to enforce any

prohibitions, under this part would terminate June 30, 1989, except

that such expiration would not affect any action or proceeding

based upon an act committed prior to midnight June 30, 1989, and

not finally determined by such date.

-End-

-CITE-

42 USC Part B - Miscellaneous 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part B - Miscellaneous

-HEAD-

PART B - MISCELLANEOUS

-End-

-CITE-

42 USC Sec. 8231 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part B - Miscellaneous

-HEAD-

Sec. 8231. Grants for energy conserving improvements; establishment

of standards; authorization of appropriations

-STATUTE-

(1) The Secretary of Housing and Urban Development is authorized

to make grants to finance energy conserving improvements (as

defined in subparagraph (2) of the last paragraph of section

1703(a) of title 12) to projects which are financed with loans

under section 1701q of title 12, or which are subject to mortgages

insured under section 1715l(d)(3) or section 1715z-1 of title 12.

The Secretary shall make assistance available under this section on

a priority basis to those projects which are in financial

difficulty as a result of high energy costs. In carrying out the

program authorized by this section, the Secretary shall issue

regulations requiring that any grant made under this section shall

be made only on the condition that the recipient of such grant

shall take steps (prescribed by the Secretary) to assure that the

benefits derived from such grants in terms of lower energy costs

shall accrue to tenants in the form of lower rentals or to the

Federal Government in the form of a lower operating subsidy if such

a subsidy is being paid to such recipient.

(2) The Secretary shall establish minimum standards for energy

conserving improvements to multifamily dwelling units to be

assisted under this section.

(3) There are authorized to be appropriated to carry out the

provisions of this section not to exceed $25,000,000.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 251(b), Nov. 9, 1978, 92 Stat.

3235; Pub. L. 105-388, Sec. 5(c)(3), Nov. 13, 1998, 112 Stat.

3479.)

-MISC1-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-388 inserted closing parenthesis

after "section 1703(a) of title 12" and substituted "accrue" for

"accure".

-End-

-CITE-

42 USC Sec. 8232 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part B - Miscellaneous

-HEAD-

Sec. 8232. Residential energy efficiency standards study

-STATUTE-

(a) General authority

The Secretary of Housing and Urban Development (hereinafter in

this section referred to as the "Secretary") shall, in coordination

with the Secretary of Agriculture, the Secretary of the Treasury,

the Secretary of Veterans Affairs, the Secretary of Energy, and

such other representatives of Federal, State, and local governments

as the Secretary shall designate, conduct a study, utilizing the

services of the National Institute of Building Sciences pursuant to

appropriate contractual arrangements, for the purpose of

determining the need for, the feasibility of, and the problems of

requiring, by mandatory Federal action, that all residential

dwelling units meet applicable energy efficient standards. The

subjects to be examined shall include, but not be limited to,

mandatory notification to purchasers, and policies to prohibit

exchange or sale, of properties which do not conform to such

standards.

(b) Specific factors

In conducting such study, the Secretary shall consider at least

the following factors -

(1) the extent to which such requirement would protect a

prospective purchaser from the uncertainty of not knowing the

energy efficiency of the property he proposes to purchase;

(2) the extent to which such requirement would contribute to

the Nation's energy conservation goals;

(3) the extent to which such a requirement would affect the

real estate, home building, and mortgage banking industries;

(4) the sanctions which might be necessary to make such a

requirement effective and the administrative impediments there

might be to enforcement of such sanctions;

(5) the possible impact on sellers and purchasers as a result

of the implementation of mandatory Federal actions, taking into

account the experience of the Federal Government in imposing

mandatory requirements concerning the purchase and sale of real

property as occurred under the Real Estate Settlement Procedures

Act of 1974 [12 U.S.C. 2601 et seq.] and the Federal Disaster

Protection Act of 1973;

(6) an analysis of the effect of such a requirement on the

economy as a whole and on the Nation's security as compared to

the impact on the credit and housing markets caused by such a

requirement;

(7) the effect of such a requirement on availability of credit

in the housing industry;

(8) the extent to which the imposition of mandatory Federal

requirements would temporarily reduce the number of residential

dwellings available for sale and the resulting effect of such

mandatory actions on the price of those remaining dwelling units

eligible for sale; and

(9) the possible uncertainty, during the period of developing

the standards, as to what standards might be imposed and any

resulting effect on major housing rehabilitation efforts and

voluntary efforts for energy conservation.

(c) Comments and findings by Secretary of Energy

The Secretary shall incorporate into such study comments by the

Secretary of Energy on the effects on the economy as a whole and on

the Nation's security which may result from the requirement

described in subsection (a) of this section as compared to the

impact on the credit and housing markets likely to be caused by

such a requirement. In addition, the Secretary shall incorporate

into such study the following findings by the Secretary of Energy:

(1) the savings in energy costs resulting from the requirement

described in subsection (a) of this section throughout the

estimated remaining useful life of the existing residential

buildings to which such requirement would apply; and

(2) the total cost per barrel of oil equivalent, in obtaining

the energy savings likely to result from such requirement,

computed for each class of existing residential buildings to

which such requirement would apply.

(d) Report date

The Secretary shall report, no later than one year after November

9, 1978, to both Houses of the Congress with regard to the findings

made as a result of such study along with any recommendations for

legislative proposals which the Secretary determines should be

enacted with respect to the subject of such study.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 253, Nov. 9, 1978, 92 Stat. 3236;

Pub. L. 102-54, Sec. 13(q)(12), June 13, 1991, 105 Stat. 281.)

-REFTEXT-

REFERENCES IN TEXT

The Real Estate Settlement Procedures Act of 1974, referred to in

subsec. (b)(5), is Pub. L. 93-533, Dec. 22, 1974, 88 Stat. 1724, as

amended, which is classified principally to chapter 27 (Sec. 2601

et seq.) of Title 12, Banks and Banking. For complete

classification of this Act to the Code, see Short Title note set

out under section 2601 of Title 12 and Tables.

The Federal Disaster Protection Act of 1973, referred to in

subsec. (b)(5), probably means the Flood Disaster Protection Act of

1973, Pub. L. 93-234, Dec. 31, 1973, 87 Stat. 975, as amended,

which enacted sections 4002, 4003, 4012a, 4104 to 4107, and 4128 of

this title, amended sections 4001, 4013 to 4016, 4026, 4054, 4056,

4101, and 4121 of this title and sections 24 and 1709-1 of Title

12, repealed section 4021 of this title, and enacted a provision

set out as a note under section 4001 of this title. For complete

classification of this Act to the Code, see Short Title of 1973

Amendment note set out under section 4001 of this title and Tables.

-MISC1-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-54 substituted "Secretary of

Veterans Affairs" for "Administrator of Veterans' Affairs".

-End-

-CITE-

42 USC Sec. 8233 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part B - Miscellaneous

-HEAD-

Sec. 8233. Weatherization study

-STATUTE-

The President shall conduct a study which shall monitor the

weatherization activities authorized by this Act and amendments

made thereby and those weatherization activities undertaken,

independently of this Act and such amendments. The President shall

report to the Congress within one year from November 9, 1978, and

annually thereafter, concerning -

(1) the extent of progress being made through weatherization

activities toward the achievement of national energy conservation

goals;

(2) adequacy and costs of materials necessary for

weatherization activities; and

(3) the need for and desirability of modifying weatherization

activities authorized by this Act, and amendments made thereby

and of extending such activities to a broader range of income

groups than are being assisted under this Act and such

amendments.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 254, Nov. 9, 1978, 92 Stat. 3237.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 95-619, Nov. 9, 1978,

92 Stat. 3206, as amended, known as the National Energy

Conservation Policy Act. For complete classification of this Act to

the Code, see Short Title note set out under section 8201 of this

title and Tables.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to the requirement that the President report

annually to Congress, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the last item on page 40 of House Document No.

103-7.

-End-

-CITE-

42 USC Part C - Residential Energy Efficiency Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

PART C - RESIDENTIAL ENERGY EFFICIENCY PROGRAMS

-End-

-CITE-

42 USC Sec. 8235 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235. "Residential building" defined

-STATUTE-

As used in this part, the term "residential building" means any

building used as a residence which is not a new building to which

final standards under sections 6833(a) and 6834 (!1) of this title

apply and which has a system for heating, cooling, or both.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 261, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 746.)

-REFTEXT-

REFERENCES IN TEXT

Section 6834 of this title, referred to in text, was repealed by

Pub. L. 97-35, title X, Sec. 1041(b), Aug. 13, 1981, 95 Stat. 621.

-MISC1-

STATEMENT OF PURPOSE

Section 561 of subtitle C (Secs. 562-563) of title V of Pub. L.

96-294 provided that: "It is the purpose of this subtitle [enacting

this part] -

"(1) to establish a program under which the Secretary of Energy

may provide assistance to State and local governments to

encourage up to four demonstration programs that make energy

conservation measures available without charge to residential

property owners and tenants under a plan designed to maximize the

energy savings available in residential buildings in designated

areas; and

"(2) to demonstrate through such program prototype residential

energy efficiency plans under which State and local governments,

State regulatory authorities, and public utilities may

participate in a cooperative manner with public or private

entities to install energy conservation measures in the greatest

possible number of residential buildings within their respective

jurisdictions or service areas."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8235a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235a. Approval of plans for prototype residential energy

efficiency programs and provision of financial assistance for

such programs

-STATUTE-

(a) Plan approval

The Secretary may approve any plan developed by a State or local

government, for the establishment of a prototype residential energy

efficiency program, which is designed to demonstrate the

feasibility, economics, and energy conserving potential of such

program, if an application for such plan is submitted pursuant to

section 8235b of this title, the application is approved pursuant

to section 8235c of this title, and the plan provides for -

(1) the entering into a contract by a public utility with one

or more persons not under the control of, and not affiliates or

subsidiaries of, such utility for the implementation of a program

to encourage energy conservation, including the supply and

installation of the energy conservation measures as specified in

such contract in residential buildings located in the portion of

the utility's service area designated by the contract, which

contract includes the provisions described in subsection (b) of

this section;

(2) the selection by the public utility in a fair, open, and

nondiscriminatory manner of the person or persons to contract

with pursuant to paragraph (1);

(3) the payment by the public utility to the person or persons

contracted with under paragraph (1) of a specified price for each

unit of energy saved by such utility as a result of the program

during the period the contract is in effect, which price is based

on the value to the utility of the energy saved;

(4) the determination, by a procedure established by the State

or local government developing the plan, of the amount of energy

saved by a public utility as a result of the program carried out

under the plan, which procedure is described in the contract;

(5) in the case of a regulated public utility, the approval in

writing by the State regulatory authority exercising ratemaking

authority over such utility of the contract described in

paragraph (1), the manner of selection described in paragraph

(2), the payment described in paragraph (3), and the procedure

described in paragraph (4); and

(6) the enforcement of the provisions of the contract, entered

into pursuant to paragraph (1), which are required to be included

pursuant to subsection (b) of this section.

(b) Contract requirements

Any contract entered into by a public utility under subsection

(a)(1) of this section shall require any person or persons entering

into such contract with a public utility to offer to the owner or

occupant of each residential building in the portion of the

utility's service area designated in the contract, without charge -

(1) an inspection of such building to determine and inform such

owner or occupant of -

(A) the energy conservation measures which will be supplied

and installed in such residential building pursuant to

paragraph (2);

(B) the savings in energy costs that are likely to result

from the installation of such energy conservation measures;

(C) suggestions (including suggestions developed by the

Secretary) of energy conservation techniques, including

adjustments in energy use patterns and modifications in

household activities, which can be used by the owner or

occupant of the building to save energy and which do not

require the installation of energy conservation measures; and

(D) the savings in energy costs that are likely to result

from the adoption of such suggested energy conservation

techniques;

(2) the supply and installation, with the approval of the owner

of the residential building, in such building in a timely manner

of the energy conservation measures which are as specified in the

contract and which the owner or occupant was informed (pursuant

to the inspection under paragraph (1)) would be supplied and

installed in such building; and

(3) a written warranty that at a minimum any defect in

materials, manufacture, design, or installation of any energy

conservation measures supplied and installed pursuant to

paragraph (2), found not later than one year after the date of

installation, will be remedied without charge and within a

reasonable period of time.

(c) Provision of financial assistance

The Secretary may provide financial assistance to any State or

local government to carry out any plan for the establishment of a

prototype residential energy efficiency program if the plan is

approved under subsection (a) of this section.

(d) Limitation

The Secretary may approve under subsection (a) of this section

not more than 4 plans for the establishment of prototype

residential energy efficiency programs.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 262, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 746.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8235b, 8235e, 8235f,

8235g, 8235h of this title.

-End-

-CITE-

42 USC Sec. 8235b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235b. Applications for approval of plans for prototype

residential energy efficiency programs

-STATUTE-

Each application for the approval of a plan under section

8235a(a) of this title for the establishment of a prototype

residential energy efficiency program shall be submitted by a State

or local government and shall include, at least -

(1) a description of the plan, including the provisions of the

plan specified in section 8235a(a) of this title and a

description of the portion of the service area of the public

utility proposing to enter into a contract under section

8235a(a)(1) of this title which is designated under the contract;

(2) a description of the manner in which the provisions of the

plan specified in section 8235a(a) of this title are to be met;

(3) a description of the contract to be entered into pursuant

to section 8235a(a)(1) of this title and the manner in which the

requirements of the contract contained in section 8235a(b) of

this title are to be met;

(4) the record of the public hearing conducted pursuant to

section 8235c(a)(2) of this title; and

(5) any other information determined by the Secretary to be

necessary to carry out this part.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 263, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 748.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8235a, 8235c of this

title.

-End-

-CITE-

42 USC Sec. 8235c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235c. Approval of applications for plans for prototype

residential energy efficiency programs

-STATUTE-

(a) Approval requirements

The Secretary may approve an application submitted under section

8235b of this title for a plan establishing a prototype residential

energy efficiency program only if -

(1) the application is approved in writing -

(A) by the public utility which is to enter into the contract

under the plan;

(B) by the State regulatory authority having ratemaking

authority over such public utility, in the case of a regulated

utility; and

(C) by the Governor (or any State agency specifically

authorized under State law to approve such plans) of the State

whose government is submitting the application (if the

application is submitted by a State government) or of the State

in which the local government is located (if the application is

submitted by a local government); and

(2) the application has been published, a public hearing on the

application has been conducted, after notice to the public, at

which representatives of the public utility which is to enter

into the contract under the plan, persons engaged in the supply

or installation of residential energy conservation measures, and

members of the public (including ratepayers of such public

utility and other interested individuals) had an opportunity to

provide comment on the application, and any amendments to the

application, which may be made to take into account the

proceedings of the hearing, are made.

(b) Factors in approving applications

The Secretary shall take into consideration in approving an

application under subsection (a) of this section for a plan

establishing a prototype residential energy efficiency program -

(1) the potential for energy savings from the demonstration of

the program;

(2) the likelihood that the value of the energy saved by public

utilities under the program will be sufficient to cover the

estimated cost of the energy conservation measures to be supplied

and installed under the program;

(3) the anticipated effects of the program on competition in

the portion of the service area of the public utility designated

in the contract entered into under the plan; and

(4) such other factors as the Secretary determines are

appropriate.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 264, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 748.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8235a, 8235b of this

title.

-End-

-CITE-

42 USC Sec. 8235d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235d. Rules and regulations

-STATUTE-

(a) Proposed rules and regulations

The Secretary shall issue proposed rules and regulations to carry

out this part not later than 120 days after June 30, 1980.

(b) Final rules and regulations

The Secretary shall issue final rules and regulations to carry

out this part not later than 90 days after the issuance of proposed

rules and regulations under subsection (a) of this section.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 265, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 749.)

-End-

-CITE-

42 USC Sec. 8235e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235e. Authority of Federal Energy Regulatory Commission to

exempt application of certain laws

-STATUTE-

The Federal Energy Regulatory Commission may exempt from any

provisions in sections 4, 5, and 7 of the Natural Gas Act (15

U.S.C. 717c, 717d, and 717f) and titles II and IV of the Natural

Gas Policy Act of 1978 (15 U.S.C. 3341 through 3348 and 3391

through 3394) the sale or transportation, by any public utility,

local distribution company, interstate or intrastate pipeline, or

any other person, of any natural gas which is determined (in the

case of a regulated utility, company, pipeline, or person) by the

State regulatory authority having rate-making authority over such

utility, company, pipeline, or person, or (in the case of a

nonregulated utility, company, pipeline, or person) by such

utility, company, pipeline, or person, to have been conserved

because of a prototype residential energy efficiency program which

is established under a plan approved under section 8235a(a) of this

title, if the Commission determines that such exemption is

necessary to make feasible the demonstration of such prototype

residential energy efficiency program.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 266, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 749; amended Pub. L. 105-388,

Sec. 5(c)(4), Nov. 13, 1998, 112 Stat. 3479.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Policy Act of 1978, referred to in text, is Pub.

L. 95-621, Nov. 9, 1978, 92 Stat. 3350, as amended. Title II of the

Natural Gas Policy Act of 1978 was classified generally to

subchapter II (Sec. 3341 et seq.) of chapter 60 of Title 15,

Commerce and Trade, prior to its repeal by Pub. L. 100-42, Sec.

2(a), May 21, 1987, 101 Stat. 314. Title IV of the Natural Gas

Policy Act of 1978 is classified generally to subchapter IV (Sec.

3391 et seq.) of chapter 60 of Title 15. For complete

classification of this Act to the Code, see Short Title note set

out under section 3301 of Title 15 and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-388 substituted "(15 U.S.C. 717c" for "(17

U.S.C. 717c".

-End-

-CITE-

42 USC Sec. 8235f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235f. Application of other laws

-STATUTE-

(a) Lack of immunity

No provision contained in this part -

(1) shall restrict any agency of the United States or any State

from exercising its powers under any law to prevent unfair

methods of competition and unfair or deceptive acts or practices;

(2) shall provide to any person any immunity from civil or

criminal liability;

(3) shall create any defenses to actions brought under the

antitrust laws; or

(4) shall modify or abridge any private right of action under

the antitrust laws.

(b) Utility programs under part A

Any public utility entering into a contract under a plan for the

establishment of a prototype residential energy efficiency program

approved under section 8235a(a) of this title shall not be required

to carry out, with respect to any residential building located in

the portion of the utility's service area designated in the

contract, the actions required to be contained in such utility's

program by subsections (a) and (b) of section 8216 (!1) of this

title, if the contract requires such actions (or equivalent actions

as determined by the Secretary) to be taken.

(c) "Antitrust laws" defined

For purposes of this section, the term "antitrust laws" means -

(1) the Sherman Act (15 U.S.C. 1 et seq.);

(2) the Clayton Act (15 U.S.C. 12 et seq.);

(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);

(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8

and 9); and

(5) sections 2, 3, and 4 of the Act entitled "An Act to amend

section 2 of the Act entitled 'An Act to supplement existing laws

against unlawful restraints and monopolies, and for other

purposes', approved October 15, 1914, as amended (U.S.C., title

15, sec. 13), and for other purposes" approved June 19, 1936 (15

U.S.C. 21a, 13a, and 13b, commonly known as the Robinson-Patman

Antidiscrimination Act).

-SOURCE-

(Pub. L. 95-619, title II, Sec. 267, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 749.)

-REFTEXT-

REFERENCES IN TEXT

Section 8216 of this title, referred to in subsec. (b), was

omitted from the Code pursuant to section 8229 of this title, which

terminated authority under that section June 30, 1989.

The Sherman Act (15 U.S.C. 1 et seq.), referred to in subsec.

(c)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended,

which is classified to sections 1 to 7 of Title 15, Commerce and

Trade. For complete classification of this Act to the Code, see

Short Title note set out under section 1 of Title 15 and Tables.

The Clayton Act (15 U.S.C. 12 et seq.), referred to in subsec.

(c)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended,

which is classified generally to sections 12, 13, 14 to 19, 20, 21,

and 22 to 27 of Title 15, and sections 52 and 53 of Title 29,

Labor. For further details and complete classification of this Act

to the Code, see References in Text note set out under section 12

of Title 15 and Tables.

The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred

to in subsec. (c)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,

as amended, which is classified generally to subchapter I (Sec. 41

et seq.) of chapter 2 of Title 15. For complete classification of

this Act to the Code, see section 58 of Title 15 and Tables.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8235g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235g. Records and reports

-STATUTE-

(a) Records

Each State and local government submitting any application for a

plan which is approved under section 8235a(a) of this title, and

each public utility and person or persons entering into a contract

under such a plan, shall keep such records and make such reports as

the Secretary may require. The Secretary and the Comptroller

General of the United States shall have access, at reasonable times

and under reasonable conditions, to any books, documents, papers,

records, and reports of each such State and local government,

utility, and person or persons which the Secretary determines, in

consultation with the Comptroller General of the United States, are

pertinent to this part.

(b) Reports

The Secretary shall make an annual report to the President on the

activities carried out under this part which shall be submitted to

the Congress with the annual report on the activities of the

Department of Energy required by section 7267 of this title and

which shall contain -

(1) an estimate of the total amount of energy saved as a result

of the activities carried out under this part;

(2) an estimate of the annual savings in energy anticipated as

a result of each prototype residential energy efficiency program

established under a plan approved under section 8235a(a) of this

title;

(3) an analysis, developed in consultation with the Federal

Trade Commission and the Department of Justice, of the impact on

competition of each prototype residential energy efficiency

program established under a plan approved under section 8235a(a)

of this title; and

(4) if the Secretary determines that it is appropriate, an

analysis of the impact of expanding the approval of plans under

section 8235a(a) of this title to establish prototype residential

energy efficiency programs, and the provision of financial

assistance to such programs, on a national basis and an

assessment of the alternative methods by which such an expansion

could be accomplished.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 268, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 750.)

-End-

-CITE-

42 USC Sec. 8235h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235h. Revoking approval of plans and terminating financial

assistance

-STATUTE-

The Secretary shall revoke the approval of any plan under section

8235a(a) of this title for the establishment of a prototype

residential energy efficiency program, and shall terminate the

provision of financial assistance under section 8235a(c) of this

title to carry out such plan, if the Secretary determines, in

consultation with the Federal Trade Commission and after notice and

the opportunity for a hearing, that carrying out such plan -

(1) causes unfair methods of competition;

(2) has a substantial adverse effect on competition in the

portion of the service area of the public utility designated by

the contract entered into under the plan; or

(3) provides a supplier or contractor of energy conservation

measures with an unreasonably large share of the contracts for

the supply or installation of such measures under such plan in

the service area of the public utility designated by the contract

entered into under such plan.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 269, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 751.)

-End-

-CITE-

42 USC Sec. 8235i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part C - Residential Energy Efficiency Programs

-HEAD-

Sec. 8235i. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations

There is authorized to be appropriated to carry out this part -

(1) the sum of $10,000,000 for the fiscal year ending on

September 30, 1981; and

(2) the sum equal to $10,000,000 minus the amount appropriated

for the fiscal year ending on September 30, 1981, under the

authorization contained in this section, for the fiscal year

ending on September 30, 1982.

(b) Availability

Any funds appropriated under the authorization contained in this

section shall remain available until expended.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 270, as added Pub. L. 96-294, title

V, Sec. 562, June 30, 1980, 94 Stat. 751.)

-End-

-CITE-

42 USC Part D - Residential Energy Efficiency Rating

Guidelines 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part D - Residential Energy Efficiency Rating Guidelines

-HEAD-

PART D - RESIDENTIAL ENERGY EFFICIENCY RATING GUIDELINES

-End-

-CITE-

42 USC Sec. 8236 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part D - Residential Energy Efficiency Rating Guidelines

-HEAD-

Sec. 8236. Voluntary rating guidelines

-STATUTE-

(a) In general

Not later than 18 months after October 24, 1992, the Secretary,

in consultation with the Secretary of Housing and Urban

Development, the Secretary of Veterans Affairs, representatives of

existing home energy rating programs, and other appropriate

persons, shall, by rule, issue voluntary guidelines that may be

used by State and local governments, utilities, builders, real

estate agents, lenders, agencies in mortgage markets, and others,

to enable and encourage the assignment of energy efficiency ratings

to residential buildings.

(b) Contents of guidelines

The voluntary guidelines issued under subsection (a) of this

section shall -

(1) encourage uniformity with regard to systems for rating the

annual energy efficiency of residential buildings;

(2) establish protocols and procedures for -

(A) certification of the technical accuracy of building

energy analysis tools used to determine energy efficiency

ratings;

(B) training of personnel conducting energy efficiency

ratings;

(C) data collection and reporting;

(D) quality control; and

(E) monitoring and evaluation;

(3) encourage consistency with, and support for, the uniform

plan for Federal energy efficient mortgages, including that

developed under section 946 of the Cranston-Gonzalez National

Affordable Housing Act (42 U.S.C. 12712 note) and pursuant to

sections 105 and 106 of the Energy Policy Act of 1992;

(4) provide that rating systems take into account local climate

conditions and construction practices, solar energy collected

on-site, and the benefits of peak load shifting construction

practices, and not discriminate among fuel types; and

(5) establish procedures to ensure that residential buildings

can receive an energy efficiency rating at the time of sale and

that such rating is communicated to potential buyers.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 271, as added Pub. L. 102-486,

title I, Sec. 102(a), Oct. 24, 1992, 106 Stat. 2787.)

-REFTEXT-

REFERENCES IN TEXT

Section 946 of the Cranston-Gonzalez National Affordable Housing

Act, referred to in subsec. (b)(3), is section 946 of Pub. L.

101-625, which is set out as a note under section 12712 of this

title.

Sections 105 and 106 of the Energy Policy Act of 1992, referred

to in subsec. (b)(3), are sections 105 and 106 of Pub. L. 102-486.

Section 105 amended section 12704 of this title and provisions set

out as a note under section 12712 of this title. Section 106 is set

out as a note under section 12712 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8236a, 8236b of this

title.

-End-

-CITE-

42 USC Sec. 8236a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part D - Residential Energy Efficiency Rating Guidelines

-HEAD-

Sec. 8236a. Technical assistance

-STATUTE-

Not later than 2 years after October 24, 1992, the Secretary

shall establish a program to provide technical assistance to State

and local organizations to encourage the adoption of and use of

residential energy efficiency rating systems consistent with the

voluntary guidelines issued under section 8236 of this title.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 272, as added Pub. L. 102-486,

title I, Sec. 102(a), Oct. 24, 1992, 106 Stat. 2788.)

-End-

-CITE-

42 USC Sec. 8236b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER II - RESIDENTIAL ENERGY CONSERVATION

Part D - Residential Energy Efficiency Rating Guidelines

-HEAD-

Sec. 8236b. Report

-STATUTE-

Not later than 3 years after October 24, 1992, the Secretary

shall transmit to the President and the Congress a final report

containing -

(1) a description of actions taken by the Secretary and other

Federal agencies to implement this part;

(2) a description of the action taken by States, local

governments, and other organizations to implement the voluntary

guidelines issued under section 8236 of this title and any

problems encountered in implementing such guidelines; and

(3) recommendations on the feasibility of requiring, as a

prerequisite to receiving federally assisted, guaranteed, or

insured mortgages, the achievement of a minimum energy efficiency

rating.

-SOURCE-

(Pub. L. 95-619, title II, Sec. 273, as added Pub. L. 102-486,

title I, Sec. 102(a), Oct. 24, 1992, 106 Stat. 2788.)

-End-

-CITE-

42 USC SUBCHAPTER III - FEDERAL ENERGY INITIATIVE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

-HEAD-

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

-End-

-CITE-

42 USC Part A - Demonstration of Solar Heating and

Cooling in Federal Buildings 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part A - Demonstration of Solar Heating and Cooling in Federal

Buildings

-HEAD-

PART A - DEMONSTRATION OF SOLAR HEATING AND COOLING IN FEDERAL

BUILDINGS

-End-

-CITE-

42 USC Sec. 8241 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part A - Demonstration of Solar Heating and Cooling in Federal

Buildings

-HEAD-

Sec. 8241. Definitions

-STATUTE-

As used in the part -

(1) The term "Federal agency" means -

(A) an Executive agency as defined in section 105 of title 5;

and

(B) each entity specified in paragraphs (B) through (H) of

subsection (1) of section 5721 of title 5.

(2) The term "Federal building" means any building or other

structure owned in whole or part by the United States or any

Federal agency, including any such structure occupied by a

Federal agency under a lease-acquisition agreement under which

the United States or a Federal agency will receive fee simple

title under the terms of such agreement without further

negotiation.

(3) The term "solar heating" means, with respect to any Federal

building, the use of solar energy to meet all or part of the

heating needs of such building (including hot water), or all or

part of the needs of such building for hot water.

(4) The term "solar heating and cooling" means the use of solar

energy to provide all or part of the heating needs of a Federal

building (including hot water) and all or part of the cooling

needs of such building, or all or part of the needs of such

building for hot water.

(5) The term "solar energy equipment" means equipment for solar

heating or solar heating and cooling.

(6) The term "Secretary" means the Secretary of Energy.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 521, Nov. 9, 1978, 92 Stat. 3275.)

-End-

-CITE-

42 USC Sec. 8242 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part A - Demonstration of Solar Heating and Cooling in Federal

Buildings

-HEAD-

Sec. 8242. Federal solar program

-STATUTE-

The Secretary, in consultation with the Administrator of the

General Services Administration, shall develop and carry out a

program to demonstrate the application to buildings of solar

heating and solar heating and cooling technology in Federal

buildings.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 522, Nov. 9, 1978, 92 Stat. 3276.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8243 of this title.

-End-

-CITE-

42 USC Sec. 8243 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part A - Demonstration of Solar Heating and Cooling in Federal

Buildings

-HEAD-

Sec. 8243. Duties of Secretary

-STATUTE-

(a) Duties

In exercising the authority provided by section 8242 of this

title, the Secretary, in consultation with the Administrator of the

General Services Administration, shall -

(1) promulgate, by rule -

(A) requirements under which Federal agencies shall submit

proposals for the installation of solar energy equipment in

Federal buildings which are under their control and which are

selected in accordance with procedures set forth in such rule,

and

(B) criteria by which proposals under subparagraph (A) will

be evaluated, which criteria shall provide for the inclusion in

each proposal of a complete analysis of the present value, as

determined by the Secretary, of the costs and benefits of the

proposal to the Federal agency, and for the demonstration, to

the maximum extent practicable, of innovative and diverse

applications to a variety of types of Federal buildings of

solar heating and solar heating and cooling technology, and for

location of demonstration projects in areas where a private

sector market for solar energy equipment is likely to develop;

(2) evaluate in writing each such proposal pursuant to the

criteria promulgated pursuant to paragraph (1)(B), and make such

evaluation available to the agency and, upon request, to any

person;

(3) provide technical and financial assistance by interagency

agreement for implementing a proposal evaluated under paragraph

(2) and approved by the Secretary; except that such assistance

shall be limited to the design, acquisition, construction, and

installation of solar energy equipment;

(4) provide, by rule, that Federal agencies report to the

Secretary periodically such information as they acquire

respecting maintenance and operation of solar energy equipment

for which assistance is provided under paragraph (3);

(5) require that a life cycle cost analysis in accordance with

part B be done for any Federal building for which a proposal is

submitted under this section and the results of such analysis be

included in such proposal; and

(6) if solar energy equipment for which assistance is to be

provided under paragraph (3) is not the minimum life-cycle cost

alternative, require the Federal agency involved to submit a

report to the Secretary stating the amount by which the

life-cycle cost of such equipment exceeds the minimum life-cycle

cost.

(b) Contents of proposals

Proposals under paragraph (1)(A) of subsection (a) of this

section shall include a list of the specific Federal buildings

proposed to be provided with solar energy equipment, the funds

necessary for the acquisition and installation of such equipment,

the proposed implementation schedule, maintenance costs, the

estimated savings in fossil fuels and electricity, the estimated

payback time, and such other information as may be required by the

Secretary.

(c) Initial submission of proposals

Under the requirements established under subsection (a)(1)(A) of

this section, initial proposals for the installation of solar

energy equipment in Federal buildings selected under subsection

(a)(1)(A) of this section shall be submitted not later than 180

days after the date of promulgation of the rule under subsection

(a)(1) of this section.

(d) Program to disseminate information to Federal procurement and

loan officers

In order to more widely disseminate information about the program

under this part and under part B and the benefits of renewable

energy and energy efficiency technology, the Secretary shall

establish a program which includes site visits and technical

briefings, to disseminate such information to Federal procurement

officers and Federal loan officers. The Secretary shall utilize

available funds for the program under this subsection.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 523, Nov. 9, 1978, 92 Stat. 3276;

Pub. L. 101-218, Sec. 8(a), Dec. 11, 1989, 103 Stat. 1868.)

-MISC1-

AMENDMENTS

1989 - Subsec. (d). Pub. L. 101-218 added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8244 of this title.

-End-

-CITE-

42 USC Sec. 8244 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part A - Demonstration of Solar Heating and Cooling in Federal

Buildings

-HEAD-

Sec. 8244. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary through

fiscal year ending September 30, 1980, to carry out the purposes of

this part not to exceed $100,000,000. Funds so appropriated may be

transferred by the Secretary to any Federal agency to the extent

necessary to carry out the purposes of section 8243(a)(3) of this

title.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 524, Nov. 9, 1978, 92 Stat. 3277.)

-End-

-CITE-

42 USC Part B - Federal Energy Management 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

PART B - FEDERAL ENERGY MANAGEMENT

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 8243, 8262f of this title.

-End-

-CITE-

42 USC Sec. 8251 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8251. Findings

-STATUTE-

The Congress finds that -

(1) the Federal Government is the largest single energy

consumer in the Nation;

(2) the cost of meeting the Federal Government's energy

requirement is substantial;

(3) there are significant opportunities in the Federal

Government to conserve and make more efficient use of energy

through improved operations and maintenance, the use of new

energy efficient technologies, and the application and

achievement of energy efficient design and construction;

(4) Federal energy conservation measures can be financed at

little or no cost to the Federal Government by using private

investment capital made available through contracts authorized by

subchapter VII of this chapter; and

(5) an increase in energy efficiency by the Federal Government

would benefit the Nation by reducing the cost of government,

reducing national dependence on foreign energy resources, and

demonstrating the benefits of greater energy efficiency to the

Nation.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 541, Nov. 9, 1978, 92 Stat. 3277;

Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3185.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-615 amended Congressional findings provisions

generally.

-EXEC-

EX. ORD. NO. 13123. GREENING THE GOVERNMENT THROUGH EFFICIENT

ENERGY MANAGEMENT

Ex. Ord. No. 13123, June 3, 1999, 64 F.R. 30851, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Energy Conservation Policy Act (Public Law 95-619, 92

Stat. 3206, 42 U.S.C. 8252 et seq.), as amended by the Energy

Policy Act of 1992 (EPACT) (Public Law 102-486, 106 Stat. 2776),

and section 301 of title 3, United States Code, it is hereby

ordered as follows:

PART 1 - PREAMBLE

Section 101. Federal Leadership. The Federal Government, as the

Nation's largest energy consumer, shall significantly improve its

energy management in order to save taxpayer dollars and reduce

emissions that contribute to air pollution and global climate

change. With more than 500,000 buildings, the Federal Government

can lead the Nation in energy efficient building design,

construction, and operation. As a major consumer that spends $200

billion annually on products and services, the Federal Government

can promote energy efficiency, water conservation, and the use of

renewable energy products, and help foster markets for emerging

technologies. In encouraging effective energy management in the

Federal Government, this order builds on work begun under EPACT and

previous Executive orders.

PART 2 - GOALS

Sec. 201. Greenhouse Gases Reduction Goal. Through life-cycle

cost-effective energy measures, each agency shall reduce its

greenhouse gas emissions attributed to facility energy use by 30

percent by 2010 compared to such emissions levels in 1990. In order

to encourage optimal investment in energy improvements, agencies

can count greenhouse gas reductions from improvements in

nonfacility energy use toward this goal to the extent that these

reductions are approved by the Office of Management and Budget

(OMB).

Sec. 202. Energy Efficiency Improvement Goals. Through life-cycle

cost-effective measures, each agency shall reduce energy

consumption per gross square foot of its facilities, excluding

facilities covered in section 203 of this order, by 30 percent by

2005 and 35 percent by 2010 relative to 1985. No facilities will be

exempt from these goals unless they meet new criteria for

exemptions, to be issued by the Department of Energy (DOE).

Sec. 203. Industrial and Laboratory Facilities. Through

life-cycle cost-effective measures, each agency shall reduce energy

consumption per square foot, per unit of production, or per other

unit as applicable by 20 percent by 2005 and 25 percent by 2010

relative to 1990. No facilities will be exempt from these goals

unless they meet new criteria for exemptions, as issued by DOE.

Sec. 204. Renewable Energy. Each agency shall strive to expand

the use of renewable energy within its facilities and in its

activities by implementing renewable energy projects and by

purchasing electricity from renewable energy sources. In support of

the Million Solar Roofs initiative, the Federal Government shall

strive to install 2,000 solar energy systems at Federal facilities

by the end of 2000, and 20,000 solar energy systems at Federal

facilities by 2010.

Sec. 205. Petroleum. Through life-cycle cost-effective measures,

each agency shall reduce the use of petroleum within its

facilities. Agencies may accomplish this reduction by switching to

a less greenhouse gas-intensive, nonpetroleum energy source, such

as natural gas or renewable energy sources; by eliminating

unnecessary fuel use; or by other appropriate methods. Where

alternative fuels are not practical or life-cycle cost-effective,

agencies shall strive to improve the efficiency of their

facilities.

Sec. 206. Source Energy. The Federal Government shall strive to

reduce total energy use and associated greenhouse gas and other air

emissions, as measured at the source. To that end, agencies shall

undertake life-cycle cost-effective projects in which source energy

decreases, even if site energy use increases. In such cases,

agencies will receive credit toward energy reduction goals through

guidelines developed by DOE.

Sec. 207. Water Conservation. Through life-cycle cost-effective

measures, agencies shall reduce water consumption and associated

energy use in their facilities to reach the goals set under section

503(f) of this order. Where possible, water cost savings and

associated energy cost savings shall be included in Energy-Savings

Performance Contracts and other financing mechanisms.

PART 3 - ORGANIZATION AND ACCOUNTABILITY

Sec. 301. Annual Budget Submission. Each agency's budget

submission to OMB shall specifically request funding necessary to

achieve the goals of this order. Budget submissions shall include

the costs associated with: encouraging the use of, administering,

and fulfilling agency responsibilities under Energy-Savings

Performance Contracts, utility energy-efficiency service contracts,

and other contractual platforms for achieving conservation goals;

implementing life-cycle cost-effective measures; procuring

life-cycle cost-effective products; and constructing sustainably

designed new buildings, among other energy costs. OMB shall issue

guidelines to assist agencies in developing appropriate requests

that support sound investments in energy improvements and

energy-using products. OMB shall explore the feasibility of

establishing a fund that agencies could draw on to finance

exemplary energy management activities and investments with higher

initial costs but lower life-cycle costs. Budget requests to OMB in

support of this order must be within each agency's planning

guidance level.

Sec. 302. Annual Implementation Plan. Each agency shall develop

an annual implementation plan for fulfilling the requirements of

this order. Such plans shall be included in the annual reports to

the President under section 303 of this order.

Sec. 303. Annual Reports to the President. (a) Each agency shall

measure and report its progress in meeting the goals and

requirements of this order on an annual basis. Agencies shall

follow reporting guidelines as developed under section 306(b) of

this order. In order to minimize additional reporting requirements,

the guidelines will clarify how the annual report to the President

should build on each agency's annual Federal energy reports

submitted to DOE and the Congress. Annual reports to the President

are due on January 1 of each year beginning in the year 2000.

(b) Each agency's annual report to the President shall describe

how the agency is using each of the strategies described in Part 4

of this order to help meet energy and greenhouse gas reduction

goals. The annual report to the President shall explain why certain

strategies, if any, have not been used. It shall also include a

listing and explanation of exempt facilities.

Sec. 304. Designation of Senior Agency Official. Each agency

shall designate a senior official, at the Assistant Secretary level

or above, to be responsible for meeting the goals and requirements

of this order, including preparing the annual report to the

President. Such designation shall be reported by each Cabinet

Secretary or agency head to the Deputy Director for Management of

OMB within 30 days of the date of this order. Designated officials

shall participate in the Interagency Energy Policy Committee,

described in section 306(d) of this order. The Committee shall

communicate its activities to all designated officials to assure

proper coordination and achievement of the goals and requirements

of this order.

Sec. 305. Designation of Agency Energy Teams. Within 90 days of

the date of this order, each agency shall form a technical support

team consisting of appropriate procurement, legal, budget,

management, and technical representatives to expedite and encourage

the agency's use of appropriations, Energy-Savings Performance

Contracts, and other alternative financing mechanisms necessary to

meet the goals and requirements of this order. Agency energy team

activities shall be undertaken in collaboration with each agency's

representative to the Interagency Energy Management Task Force, as

described in section 306(e) of this order.

Sec. 306. Interagency Coordination. (a) Office of Management and

Budget. The Deputy Director for Management of OMB, in consultation

with DOE, shall be responsible for evaluating each agency's

progress in improving energy management and for submitting agency

energy scorecards to the President to report progress.

(1) OMB, in consultation with DOE and other agencies, shall

develop the agency energy scorecards and scoring system to evaluate

each agency's progress in meeting the goals of this order. The

scoring criteria shall include the extent to which agencies are

taking advantage of key tools to save energy and reduce greenhouse

gas emissions, such as Energy-Savings Performance Contracts,

utility energy-efficiency service contracts, ENERGY STARG6 and

other energy efficient products, renewable energy technologies,

electricity from renewable energy sources, and other strategies and

requirements listed in Part 4 of this order, as well as overall

efficiency and greenhouse gas metrics and use of other innovative

energy efficiency practices. The scorecards shall be based on the

annual energy reports submitted to the President under section 303

of this order.

(2) The Deputy Director for Management of OMB shall also select

outstanding agency energy management team(s), from among candidates

nominated by DOE, for a new annual Presidential award for energy

efficiency.

(b) Federal Energy Management Program. The DOE's Federal Energy

Management Program (FEMP) shall be responsible for working with the

agencies to ensure that they meet the goals of this order and

report their progress. FEMP, in consultation with OMB, shall

develop and issue guidelines for agencies' preparation of their

annual reports to the President on energy management, as required

in section 303 of this order. FEMP shall also have primary

responsibility for collecting and analyzing the data, and shall

assist OMB in ensuring that agency reports are received in a timely

manner.

(c) President's Management Council. The President's Management

Council (PMC), chaired by the Deputy Director for Management of OMB

and consisting of the Chief Operating Officers (usually the Deputy

Secretary) of the largest Federal departments and agencies, will

periodically discuss agencies' progress in improving Federal energy

management.

(d) Interagency Energy Policy Committee. This Committee was

established by the Department of Energy Organization Act [42 U.S.C.

7101 et seq.]. It consists of senior agency officials designated in

accordance with section 304 of this order. The Committee is

responsible for encouraging implementation of energy efficiency

policies and practices. The major energy-consuming agencies

designated by DOE are required to participate in the Committee. The

Committee shall communicate its activities to all designated senior

agency officials to promote coordination and achievement of the

goals of this order.

(e) Interagency Energy Management Task Force. The Task Force was

established by the National Energy Conservation Policy Act. It

consists of each agency's chief energy manager. The Committee shall

continue to work toward improving agencies' use of energy

management tools and sharing information on Federal energy

management across agencies.

Sec. 307. Public/Private Advisory Committee. The Secretary of

Energy will appoint an advisory committee consisting of

representatives from Federal agencies, State governments, energy

service companies, utility companies, equipment manufacturers,

construction and architectural companies, environmental, energy and

consumer groups, and other energy-related organizations. The

committee will provide input on Federal energy management,

including how to improve use of Energy-Savings Performance

Contracts and utility energy-efficiency service contracts, improve

procurement of ENERGY STARG6 and other energy efficient products,

improve building design, reduce process energy use, and enhance

applications of efficient and renewable energy technologies at

Federal facilities.

Sec. 308. Applicability. This order applies to all Federal

departments and agencies. General Services Administration (GSA) is

responsible for working with agencies to meet the requirements of

this order for those facilities for which GSA has delegated

operations and maintenance authority. The Department of Defense

(DOD) is subject to this order to the extent that it does not

impair or adversely affect military operations and training

(including tactical aircraft, ships, weapons systems, combat

training, and border security).

PART 4 - PROMOTING FEDERAL LEADERSHIP IN ENERGY MANAGEMENT

Sec. 401. Life-Cycle Cost Analysis. Agencies shall use life-cycle

cost analysis in making decisions about their investments in

products, services, construction, and other projects to lower the

Federal Government's costs and to reduce energy and water

consumption. Where appropriate, agencies shall consider the

life-cycle costs of combinations of projects, particularly to

encourage bundling of energy efficiency projects with renewable

energy projects. Agencies shall also retire inefficient equipment

on an accelerated basis where replacement results in lower

life-cycle costs. Agencies that minimize life-cycle costs with

efficiency measures will be recognized in their scorecard

evaluations.

Sec. 402. Facility Energy Audits. Agencies shall continue to

conduct energy and water audits for approximately 10 percent of

their facilities each year, either independently or through

Energy-Savings Performance Contracts or utility energy-efficiency

service contracts.

Sec. 403. Energy Management Strategies and Tools. Agencies shall

use a variety of energy management strategies and tools, where

life-cycle cost-effective, to meet the goals of this order. An

agency's use of these strategies and tools shall be taken into

account in assessing the agency's progress and formulating its

scorecard.

(a) Financing Mechanisms. Agencies shall maximize their use of

available alternative financing contracting mechanisms, including

Energy-Savings Performance Contracts and utility energy-efficiency

service contracts, when life-cycle cost-effective, to reduce energy

use and cost in their facilities and operations. Energy-Savings

Performance Contracts, which are authorized under the National

Energy Conservation Policy Act, as modified by the Energy Policy

Act of 1992, and utility energy-efficiency service contracts

provide significant opportunities for making Federal facilities

more energy efficient at no net cost to taxpayers.

(b) ENERGY STARG6G1 and Other Energy Efficient Products.

(1) Agencies shall select, where life-cycle cost-effective,

ENERGY STARG6 and other energy efficient products when acquiring

energy-using products. For product groups where ENERGY STARG6

labels are not yet available, agencies shall select products that

are in the upper 25 percent of energy efficiency as designated by

FEMP. The Environmental Protection Agency (EPA) and DOE shall

expedite the process of designating products as ENERGY STARG6 and

will merge their current efficiency rating procedures.

(2) GSA and the Defense Logistics Agency (DLA), with assistance

from EPA and DOE, shall create clear catalogue listings that

designate these products in both print and electronic formats. In

addition, GSA and DLA shall undertake pilot projects from selected

energy-using products to show a "second price tag", which means an

accounting of the operating and purchase costs of the item, in both

printed and electronic catalogues and assess the impact of

providing this information on Federal purchasing decisions.

(3) Agencies shall incorporate energy efficient criteria

consistent with ENERGY STARG6 and other FEMP-designated energy

efficiency levels into all guide specifications and project

specifications developed for new construction and renovation, as

well as into product specification language developed for Basic

Ordering Agreements, Blanket Purchasing Agreements, Government Wide

Acquisition Contracts, and all other purchasing procedures.

(4) DOE and OMB shall also explore the creation of financing

agreements with private sector suppliers to provide private funding

to offset higher up-front costs of efficient products. Within 9

months of the date of this order, DOE shall report back to the

President's Management Council on the viability of such alternative

financing options.

(c) ENERGY STARG6G1 Buildings. Agencies shall strive to meet

the ENERGY STARG6 Building criteria for energy performance and

indoor environmental quality in their eligible facilities to the

maximum extent practicable by the end of 2002. Agencies may use

Energy-Savings Performance Contracts, utility energy-efficiency

service contracts, or other means to conduct evaluations and make

improvements to buildings in order to meet the criteria. Buildings

that rank in the top 25 percent in energy efficiency relative to

comparable commercial and Federal buildings will receive the ENERGY

STARG6 building label. Agencies shall integrate this building

rating tool into their general facility audits.

(d) Sustainable Building Design. DOD and GSA, in consultation

with DOE and EPA, shall develop sustainable design principles.

Agencies shall apply such principles to the siting, design, and

construction of new facilities. Agencies shall optimize life-cycle

costs, pollution, and other environmental and energy costs

associated with the construction, life-cycle operation, and

decommissioning of the facility. Agencies shall consider using

Energy-Savings Performance Contracts or utility energy-efficiency

service contracts to aid them in constructing sustainably designed

buildings.

(e) Model Lease Provisions. Agencies entering into leases,

including the renegotiation or extension of existing leases, shall

incorporate lease provisions that encourage energy and water

efficiency wherever life-cycle cost-effective. Build-to-suit lease

solicitations shall contain criteria encouraging sustainable design

and development, energy efficiency, and verification of building

performance. Agencies shall include a preference for buildings

having the ENERGY STARG6 building label in their selection

criteria for acquiring leased buildings. In addition, all agencies

shall encourage lessors to apply for the ENERGY STARG6 building

label and to explore and implement projects that would reduce costs

to the Federal Government, including projects carried out through

the lessors' Energy-Savings Performance Contracts or utility

energy-efficiency service contracts.

(f) Industrial Facility Efficiency Improvements. Agencies shall

explore efficiency opportunities in industrial facilities for steam

systems, boiler operation, air compressor systems, industrial

processes, and fuel switching, including cogeneration and other

efficiency and renewable energy technologies.

(g) Highly Efficient Systems. Agencies shall implement district

energy systems, and other highly efficient systems, in new

construction or retrofit projects when life-cycle cost-effective.

Agencies shall consider combined cooling, heat, and power when

upgrading and assessing facility power needs and shall use combined

cooling, heat, and power systems when life-cycle cost-effective.

Agencies shall survey local natural resources to optimize use of

available biomass, bioenergy, geothermal, or other naturally

occurring energy sources.

(h) Off-Grid Generation. Agencies shall use off-grid generation

systems, including solar hot water, solar electric, solar outdoor

lighting, small wind turbines, fuel cells, and other off-grid

alternatives, where such systems are life-cycle cost-effective and

offer benefits including energy efficiency, pollution prevention,

source energy reductions, avoided infrastructure costs, or

expedited service.

Sec. 404. Electricity Use. To advance the greenhouse gas and

renewable energy goals of this order, and reduce source energy use,

each agency shall strive to use electricity from clean, efficient,

and renewable energy sources. An agency's efforts in purchasing

electricity from efficient and renewable energy sources shall be

taken into account in assessing the agency's progress and

formulating its score card.

(a) Competitive Power. Agencies shall take advantage of

competitive opportunities in the electricity and natural gas

markets to reduce costs and enhance services. Agencies are

encouraged to aggregate demand across facilities or agencies to

maximize their economic advantage.

(b) Reduced Greenhouse Gas Intensity of Electric Power. When

selecting electricity providers, agencies shall purchase

electricity from sources that use high efficiency electric

generating technologies when life-cycle cost-effective. Agencies

shall consider the greenhouse gas intensity of the source of the

electricity and strive to minimize the greenhouse gas intensity of

purchased electricity.

(c) Purchasing Electricity from Renewable Energy Sources.

(1) Each agency shall evaluate its current use of electricity

from renewable energy sources and report this level in its annual

report to the President. Based on this review, each agency should

adopt policies and pursue projects that increase the use of such

electricity. Agencies should include provisions for the purchase of

electricity from renewable energy sources as a component of their

requests for bids whenever procuring electricity. Agencies may use

savings from energy efficiency projects to pay additional

incremental costs of electricity from renewable energy sources.

(2) In evaluating opportunities to comply with this section,

agencies should consider: my Administration's goal of tripling

nonhydroelectric renewable energy capacity in the United States by

2010; the renewable portfolio standard specified in the

restructuring guidelines for the State in which the facility is

located; GSA's efforts to make electricity from renewable energy

sources available to Federal electricity purchasers; and EPA's

guidelines on crediting renewable energy power in implementation of

Clean Air Act [42 U.S.C. 7401 et seq.] standards.

Sec. 405. Mobile Equipment. Each agency shall seek to improve the

design, construction, and operation of its mobile equipment, and

shall implement all life-cycle cost-effective energy efficiency

measures that result in cost savings while improving mission

performance. To the extent that such measures are life-cycle

cost-effective, agencies shall consider enhanced use of alternative

or renewable-based fuels.

Sec. 406. Management and Government Performance. Agencies shall

use the following management strategies in meeting the goals of

this order.

(a) Awards. Agencies shall use employee incentive programs to

reward exceptional performance in implementing this order.

(b) Performance Evaluations. Agencies shall include successful

implementation of provisions of this order in areas such as

Energy-Savings Performance Contracts, sustainable design, energy

efficient procurement, energy efficiency, water conservation, and

renewable energy projects in the position descriptions and

performance evaluations of agency heads, members of the agency

energy team, principal program managers, heads of field offices,

facility managers, energy managers, and other appropriate

employees.

(c) Retention of Savings and Rebates. Agencies granted statutory

authority to retain a portion of savings generated from efficient

energy and water management are encouraged to permit the retention

of the savings at the facility or site where the savings occur to

provide greater incentive for that facility and its site managers

to undertake more energy management initiatives, invest in

renewable energy systems, and purchase electricity from renewable

energy sources.

(d) Training and Education. Agencies shall ensure that all

appropriate personnel receive training for implementing this order.

(1) DOE, DOD, and GSA shall provide relevant training or training

materials for those programs that they make available to all

Federal agencies relating to the energy management strategies

contained in this order.

(2) The Federal Acquisition Institute and the Defense Acquisition

University shall incorporate into existing procurement courses

information on Federal energy management tools, including

Energy-Savings Performance Contracts, utility energy-efficiency

service contracts, ENERGY STARG6 and other energy efficient

products, and life-cycle cost analysis.

(3) All agencies are encouraged to develop outreach programs that

include education, training, and promotion of ENERGY STARG6 and

other energy-efficient products for Federal purchase card users.

These programs may include promotions with billing statements, user

training, catalogue awareness, and exploration of vendor data

collection of purchases.

(e) Showcase Facilities. Agencies shall designate exemplary new

and existing facilities with significant public access and exposure

as showcase facilities to highlight energy or water efficiency and

renewable energy improvements.

PART 5 - TECHNICAL ASSISTANCE

Sec. 501. Within 120 days of this order, the Director of OMB

shall:

(a) develop and issue guidance to agency budget officers on

preparation of annual funding requests associated with the

implementation of the order for the FY 2001 budget;

(b) in collaboration with the Secretary of Energy, explain to

agencies how to retain savings and reinvest in other energy and

water management projects; and

(c) in collaboration with the Secretary of Energy through the

Office of Federal Procurement Policy, periodically brief agency

procurement executives on the use of Federal energy management

tools, including Energy-Savings Performance Contracts, utility

energy-efficiency service contracts, and procurement of energy

efficient products and electricity from renewable energy sources.

Sec. 502. Within 180 days of this order, the Secretary of Energy,

in collaboration with other agency heads, shall:

(a) issue guidelines to assist agencies in measuring energy per

square foot, per unit of production, or other applicable unit in

industrial, laboratory, research, and other energy-intensive

facilities;

(b) establish criteria for determining which facilities are

exempt from the order. In addition, DOE must provide guidance for

agencies to report proposed exemptions;

(c) develop guidance to assist agencies in calculating

appropriate energy baselines for previously exempt facilities and

facilities occupied after 1990 in order to measure progress toward

goals;

(d) issue guidance to clarify how agencies determine the

life-cycle cost for investments required by the order, including

how to compare different energy and fuel options and assess the

current tools;

(e) issue guidance for providing credit toward energy efficiency

goals for cost-effective projects where source energy use declines

but site energy use increases; and

(f) provide guidance to assist each agency to determine a

baseline of water consumption.

Sec. 503. Within 1 year of this order, the Secretary of Energy,

in collaboration with other agency heads, shall:

(a) provide guidance for counting renewable and highly efficient

energy projects and purchases of electricity from renewable and

highly efficient energy sources toward agencies' progress in

reaching greenhouse gas and energy reduction goals;

(b) develop goals for the amount of energy generated at Federal

facilities from renewable energy technologies;

(c) support efforts to develop standards for the certification of

low environmental impact hydropower facilities in order to

facilitate the Federal purchase of such power;

(d) work with GSA and DLA to develop a plan for purchasing

advanced energy products in bulk quantities for use in by multiple

agencies;

(e) issue guidelines for agency use estimating the greenhouse gas

emissions attributable to facility energy use. These guidelines

shall include emissions associated with the production,

transportation, and use of energy consumed in Federal facilities;

and

(f) establish water conservation goals for Federal agencies.

Sec. 504. Within 120 days of this order, the Secretary of Defense

and the Administrator of GSA, in consultation with other agency

heads, shall develop and issue sustainable design and development

principles for the siting, design, and construction of new

facilities.

Sec. 505. Within 180 days of this order, the Administrator of

GSA, in collaboration with the Secretary of Defense, the Secretary

of Energy, and other agency heads, shall:

(a) develop and issue guidance to assist agencies in ensuring

that all project cost estimates, bids, and agency budget requests

for design, construction, and renovation of facilities are based on

life-cycle costs. Incentives for contractors involved in facility

design and construction must be structured to encourage the

contractors to design and build at the lowest life-cycle cost;

(b) make information available on opportunities to purchase

electricity from renewable energy sources as defined by this order.

This information should accommodate relevant State regulations and

be updated periodically based on technological advances and market

changes, at least every 2 years;

(c) develop Internet-based tools for both GSA and DLA customers

to assist individual and agency purchasers in identifying and

purchasing ENERGY STARG6 and other energy efficient products for

acquisition; and

(d) develop model lease provisions that incorporate energy

efficiency and sustainable design.

PART 6 - GENERAL PROVISIONS

Sec. 601. Compliance by Independent Agencies. Independent

agencies are encouraged to comply with the provisions of this

order.

Sec. 602. Waivers. If an agency determines that a provision in

this order is inconsistent with its mission, the agency may ask DOE

for a waiver of the provision. DOE will include a list of any

waivers it grants in its Federal Energy Management Programs annual

report to the Congress.

Sec. 603. Scope. (a) This order is intended only to improve the

internal management of the executive branch and is not intended to

create any right, benefit, or trust responsibility, substantive or

procedural, enforceable by law by a party against the United

States, its agencies, its officers, or any other person.

(b) This order applies to agency facilities in any State of the

United States, the District of Columbia, the Commonwealth of Puerto

Rico, Guam, American Samoa, the United States Virgin Islands, the

Northern Mariana Islands, and any other territory or possession

over which the United States has jurisdiction. Agencies with

facilities outside of these areas, however, are encouraged to make

best efforts to comply with the goals of this order for those

facilities. In addition, agencies can report energy improvements

made outside the United States in their annual report to the

President; these improvements may be considered in agency scorecard

evaluations.

Sec. 604. Revocations. Executive Order 12902 of March 9 [8],

1994, Executive Order 12759 of April 17, 1991, and Executive Order

12845 of April 21, 1993, are revoked.

Sec. 605. Amendments to Federal Regulations. The Federal

Acquisition Regulation and other Federal regulations shall be

amended to reflect changes made by this order, including an

amendment to facilitate agency purchases of electricity from

renewable energy sources.

PART 7 - DEFINITIONS

For the purposes of this order:

Sec. 701. "Acquisition" means acquiring by contract supplies or

services (including construction) by and for the use of the Federal

Government through purchase or lease, whether the supplies or

services are already in existence or must be created, developed,

demonstrated, and evaluated. Acquisition begins at the point when

agency needs are established and includes the description of

requirements to satisfy agency needs, solicitation and selection of

sources, award of contracts, contract financing, contract

performance, contract administration, and those technical and

management functions directly related to the process of fulfilling

agency needs by contract.

Sec. 702. "Agency" means an executive agency as defined in 5

U.S.C. 105. For the purpose of this order, military departments, as

defined in 5 U.S.C. 102, are covered under the auspices of DOD.

Sec. 703. "Energy-Savings Performance Contract" means a contract

that provides for the performance of services for the design,

acquisition, financing, 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. Such contracts shall provide that the contractor must

incur costs of implementing energy savings measures, including at

least the cost (if any) incurred in making energy audits, acquiring

and installing equipment, and training personnel in exchange for a

predetermined share of the value of the energy savings directly

resulting from implementation of such measures during the term of

the contract. Payment to the contractor is contingent upon

realizing a guaranteed stream of future energy and cost savings.

All additional savings will accrue to the Federal Government.

Sec. 704. "Exempt facility" or "Exempt mobile equipment" means a

facility or a piece of mobile equipment for which an agency uses

DOE-established criteria to determine that compliance with the

Energy Policy Act of 1992 or this order is not practical.

Sec. 705. "Facility" means any individual building or collection

of buildings, grounds, or structure, as well as any fixture or part

thereof, including the associated energy or water-consuming support

systems, which is constructed, renovated, or purchased in whole or

in part for use by the Federal Government. It includes leased

facilities where the Federal Government has a purchase option or

facilities planned for purchase. In any provision of this order,

the term "facility" also includes any building 100 percent leased

for use by the Federal Government where the Federal Government pays

directly or indirectly for the utility costs associated with its

leased space. The term also includes Government-owned

contractor-operated facilities.

Sec. 706. "Industrial facility" means any fixed equipment,

building, or complex for production, manufacturing, or other

processes that uses large amounts of capital equipment in

connection with, or as part of, any process or system, and within

which the majority of energy use is not devoted to the heating,

cooling, lighting, ventilation, or to service the water heating

energy load requirements of the facility.

Sec. 707. "Life-cycle costs" means the sum of the present values

of investment costs, capital costs, installation costs, energy

costs, operating costs, maintenance costs, and disposal costs, over

the lifetime of the project, product, or measure. Additional

guidance on measuring life-cycle costs is specified in 10 C.F.R.

436.19.

Sec. 708. "Life-cycle cost-effective" means the life-cycle costs

of a product, project, or measure are estimated to be equal to or

less than the base case (i.e., current or standard practice or

product). Additional guidance on measuring cost-effectiveness is

specified in 10 C.F.R. 436.18 (a), (b), and (c), 436.20, and

436.21.

Sec. 709. "Mobile equipment" means all Federally owned ships,

aircraft, and nonroad vehicles.

Sec. 710. "Renewable energy" means energy produced by solar,

wind, geothermal, and biomass power.

Sec. 711. "Renewable energy technology" means technologies that

use renewable energy to provide light, heat, cooling, or mechanical

or electrical energy for use in facilities or other activities. The

term also means the use of integrated whole-building designs that

rely upon renewable energy resources, including passive solar

design.

Sec. 712. "Source energy" means the energy that is used at a site

and consumed in producing and in delivering energy to a site,

including, but not limited to, power generation, transmission, and

distribution losses, and that is used to perform a specific

function, such as space conditioning, lighting, or water heating.

Sec. 713. "Utility" means public agencies and privately owned

companies that market, generate, and/or distribute energy or water,

including electricity, natural gas, manufactured gas, steam, hot

water, and chilled water as commodities for public use and that

provide the service under Federal, State, or local regulated

authority to all authorized customers. Utilities include: Federally

owned nonprofit producers; municipal organizations; and investor or

privately owned producers regulated by a State and/or the Federal

Government; cooperatives owned by members and providing services

mostly to their members; and other nonprofit State and local

government agencies serving in this capacity.

Sec. 714. "Utility energy-efficiency service" means demand side

management services provided by a utility to improve the efficiency

of use of the commodity (electricity, gas, etc.) being distributed.

Services can include, but are not limited to, energy efficiency and

renewable energy project auditing, financing, design, installation,

operation, maintenance, and monitoring.

William J. Clinton.

EX. ORD. NO. 13221. ENERGY EFFICIENT STANDBY POWER DEVICES

Ex. Ord. No. 13221, July 31, 2001, 66 F.R. 40571, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

National Energy Conservation Policy Act (Public Law 95-619, 92

Stat. 3206, 42 U.S.C. 8252 et seq.), as amended by the Energy

Policy Act of 1992 (EPACT) (Public Law 102-486, 106 Stat. 2776),

and section 301 of title 3, United States Code, and in order to

further encourage energy conservation by the Federal Government, it

is hereby ordered as follows:

Section 1. Energy Efficient Standby Power Devices. Each agency,

when it purchases commercially available, off-the-shelf products

that use external standby power devices, or that contain an

internal standby power function, shall purchase products that use

no more than one watt in their standby power consuming mode. If

such products are not available, agencies shall purchase products

with the lowest standby power wattage while in their standby power

consuming mode. Agencies shall adhere to these requirements, when

life-cycle cost-effective and practicable and where the relevant

product's utility and performance are not compromised as a result.

By December 31, 2001, and on an annual basis thereafter, the

Department of Energy, in consultation with the Department of

Defense and the General Services Administration, shall compile a

preliminary list of products to be subject to these requirements.

The Department of Energy shall finalize the list and may remove

products deemed inappropriate for listing.

Sec. 2. Independent Agencies. Independent agencies are encouraged

to comply with the provisions of this order.

Sec. 3. Definition. "Agency" means an executive agency as defined

in 5 U.S.C. 105. For the purpose of this order, military

departments, as defined in 5 U.S.C. 102, are covered by the

Department of Defense.

George W. Bush.

-End-

-CITE-

42 USC Sec. 8252 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8252. Purpose

-STATUTE-

It is the purpose of this part to promote the conservation and

the efficient use of energy and water, and the use of renewable

energy sources, by the Federal Government.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 542, Nov. 9, 1978, 92 Stat. 3277;

Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3185; Pub. L.

102-486, title I, Sec. 152(a), Oct. 24, 1992, 106 Stat. 2844.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 inserted "and water, and the use of

renewable energy sources," after "use of energy".

1988 - Pub. L. 100-615 amended section generally, substituting

statement of purpose for policy statement declaring it to be United

States policy for Federal Government to have the opportunity and

responsibility, with participation of industry, to further develop,

demonstrate, and promote use of energy conservation, solar heating

and cooling, and other renewable energy sources in Federal

buildings.

-End-

-CITE-

42 USC Sec. 8253 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8253. Energy management requirements

-STATUTE-

(a) Energy performance requirement for Federal buildings

(1) Subject to paragraph (2), each agency shall apply energy

conservation measures to, and shall improve the design for the

construction of, its Federal buildings so that the energy

consumption per gross square foot of its Federal buildings in use

during the fiscal year 1995 is at least 10 percent less than the

energy consumption per gross square foot of its Federal buildings

in use during the fiscal year 1985 and so that the energy

consumption per gross square foot of its Federal buildings in use

during the fiscal year 2000 is at least 20 percent less than the

energy consumption per gross square foot of its Federal buildings

in use during fiscal year 1985.

(2) An agency may exclude from the requirements of paragraph (1)

any building, and the associated energy consumption and gross

square footage, in which energy intensive activities are carried

out. Each agency shall identify and list in each report made under

section 8258(a) of this title the buildings designated by it for

such exclusion.

(b) Energy management requirement for Federal agencies

(1) Not later than January 1, 2005, each agency shall, to the

maximum extent practicable, install in Federal buildings owned by

the United States all energy and water conservation measures with

payback periods of less than 10 years, as determined by using the

methods and procedures developed pursuant to section 8254 of this

title.

(2) The Secretary may waive the requirements of this subsection

for any agency for such periods as the Secretary may determine if

the Secretary finds that the agency is taking all practicable steps

to meet the requirements and that the requirements of this

subsection will pose an unacceptable burden upon the agency. If the

Secretary waives the requirements of this subsection, the Secretary

shall, as part of the report required under section 8258(b) of this

title, notify the Congress in writing with an explanation and a

justification of the reasons for such waiver.

(3) This subsection shall not apply to an agency's facilities

that generate or transmit electric energy or to the uranium

enrichment facilities operated by the Department of Energy.

(4) An agency may participate in the Environmental Protection

Agency's "Green Lights" program for purposes of receiving technical

assistance in complying with the requirements of this section.

(c) Exclusions

(1) An agency may exclude, from the energy consumption

requirements for the year 2000 established under subsection (a) of

this section and the requirements of subsection (b)(1) of this

section, any Federal building or collection of Federal buildings,

and the associated energy consumption and gross square footage, if

the head of such agency finds that compliance with such

requirements would be impractical. A finding of impracticability

shall be based on the energy intensiveness of activities carried

out in such Federal buildings or collection of Federal buildings,

the type and amount of energy consumed, the technical feasibility

of making the desired changes, and, in the cases of the Departments

of Defense and Energy, the unique character of certain facilities

operated by such Departments.

(2) Each agency shall identify and list, in each report made

under section 8258(a) of this title, the Federal buildings

designated by it for such exclusion. The Secretary shall review

such findings for consistency with the impracticability standards

set forth in paragraph (1), and may within 90 days after receipt of

the findings, reverse a finding of impracticability. In the case of

any such reversal, the agency shall comply with the energy

consumption requirements for the building concerned.

(d) Implementation steps

The Secretary shall consult with the Secretary of Defense and the

Administrator of General Services in developing guidelines for the

implementation of this part. To meet the requirements of this

section, each agency shall -

(1) prepare and submit to the Secretary, not later than

December 31, 1993, a plan describing how the agency intends to

meet such requirements, including how it will -

(A) designate personnel primarily responsible for achieving

such requirements;

(B) identify high priority projects through calculation of

payback periods;

(C) take maximum advantage of contracts authorized under

subchapter VII of this chapter, of financial incentives and

other services provided by utilities for efficiency investment,

and of other forms of financing to reduce the direct costs to

the Government; and

(D) otherwise implement this part;

(2) perform energy surveys of its Federal buildings to the

extent necessary and update such surveys as needed, incorporating

any relevant information obtained from the survey conducted

pursuant to section 8258b of this title;

(3) using such surveys, determine the cost and payback period

of energy and water conservation measures likely to achieve the

requirements of this section;

(4) install energy and water conservation measures that will

achieve the requirements of this section through the methods and

procedures established pursuant to section 8254 of this title;

and

(5) ensure that the operation and maintenance procedures

applied under this section are continued.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 543, Nov. 9, 1978, 92 Stat. 3277;

Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3185; Pub. L.

102-486, title I, Sec. 152(b), (c), Oct. 24, 1992, 106 Stat. 2844,

2845; Pub. L. 104-66, title I, Sec. 1052(b), Dec. 21, 1995, 109

Stat. 718.)

-MISC1-

AMENDMENTS

1995 - Subsec. (b)(2). Pub. L. 104-66 in last sentence inserted

", as part of the report required under section 8258(b) of this

title," after "the Secretary shall" and struck out "promptly" after

"Congress".

1992 - Pub. L. 102-486, Sec. 152(b)(1), substituted

"requirements" for "goals" in section catchline.

Subsec. (a). Pub. L. 102-486, Sec. 152(b)(2), (3), in heading

substituted "requirement" for "goal" and in par. (1) inserted

before period at end "and so that the energy consumption per gross

square foot of its Federal buildings in use during the fiscal year

2000 is at least 20 percent less than the energy consumption per

gross square foot of its Federal buildings in use during fiscal

year 1985".

Subsecs. (b), (c). Pub. L. 102-486, Sec. 152(b)(4), added

subsecs. (b) and (c). Former subsec. (b) redesignated (d).

Subsec. (d). Pub. L. 102-486, Sec. 152(b)(4), (c)(1),

redesignated subsec. (b) as (d) and in introductory provisions

substituted "The Secretary shall consult with the Secretary of

Defense and the Administrator of General Services in developing

guidelines for the implementation of this part. To meet the

requirements of this section," for "To achieve the goal established

in subsection (a) of this section,".

Subsec. (d)(1). Pub. L. 102-486, Sec. 152(c)(2), added par. (1)

and struck out former par. (1) which read as follows: "prepare or

update, within 6 months after November 5, 1988, a plan describing

how the agency intends to meet such goal, including how it will

implement this part, designate personnel primarily responsible for

achieving such goal, and identify high priority projects;".

Subsec. (d)(2). Pub. L. 102-486, Sec. 152(c)(3), inserted before

semicolon at end "and update such surveys as needed, incorporating

any relevant information obtained from the survey conducted

pursuant to section 8258b of this title".

Subsec. (d)(3) to (5). Pub. L. 102-486, Sec. 152(c)(4), (5),

added pars. (3) and (4), redesignated former par. (4) as (5), and

struck out former par. (3) which read as follows: "using such

surveys, apply energy conservation measures in a manner which will

attain the goal established in subsection (a) of this section in

the most cost-effective manner practicable; and".

1988 - Pub. L. 100-615 amended section generally, substituting

energy management goals statement for statement of purpose to

promote (1) use of commonly accepted methods to establish and

compare life cycle costs of operating Federal buildings, and life

cycle fuel and energy requirements of such buildings, with and

without special features for energy conservation and (2) use of

solar heating and cooling and other renewable energy sources in

Federal buildings.

SURVEY OF ENERGY SAVING POTENTIAL

Section 3 of Pub. L. 100-615, which authorized Secretary of

Energy to carry out an energy survey to determine maximum potential

cost effective energy savings in federally used buildings and

recommend cost effective energy efficiency and renewable energy

improvements in those buildings, devise a plan for implementing

such survey, and report its findings and conclusions to Congress,

was repealed by Pub. L. 102-486, title I, Sec. 152(i)(3), Oct. 24,

1992, 106 Stat. 2851.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8256, 8257, 8258, 8258b,

8262f, 8262j of this title.

-End-

-CITE-

42 USC Sec. 8254 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8254. Establishment and use of life cycle cost methods and

procedures

-STATUTE-

(a) Establishment of life cycle cost methods and procedures

The Secretary, in consultation with the Director of the Office of

Management and Budget, the Secretary of Defense, the Director of

the National Institute of Standards and Technology, and the

Administrator of the General Services Administration, shall -

(1) establish practical and effective present value methods for

estimating and comparing life cycle costs for Federal buildings,

using the sum of all capital and operating expenses associated

with the energy system of the building involved over the expected

life of such system or during a period of 25 years, whichever is

shorter, and using average fuel costs and a discount rate

determined by the Secretary; and

(2) develop and prescribe the procedures to be followed in

applying and implementing the methods so established.

(b) Use of life cycle cost methods and procedures

(1) The design of new Federal buildings, and the application of

energy conservation measures to existing Federal buildings, shall

be made using life cycle cost methods and procedures established

under subsection (a) of this section.

(2) In leasing buildings for its own use or that of another

agency, each agency shall, after January 1, 1994, fully consider

the efficiency of all potential building space at the time of

renewing or entering into a new lease.

(c) Use in non-Federal structures

The Secretary shall make available information to the public on

the use of life cycle cost methods in the construction of

buildings, structures, and facilities in all segments of the

economy.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 544, Nov. 9, 1978, 92 Stat. 3277;

Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3186; Pub. L.

102-486, title I, Sec. 152(d), Oct. 24, 1992, 106 Stat. 2845.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 152(d)(1), substituted

"National Institute of Standards and Technology" for "National

Bureau of Standards".

Subsec. (b)(2). Pub. L. 102-486, Sec. 152(d)(2), substituted

"agency shall, after January 1, 1994, fully consider the efficiency

of all potential building space at the time of renewing or entering

into a new lease." for "agency shall give appropriate preference to

buildings which minimize life cycle costs."

1988 - Pub. L. 100-615 amended section generally, substituting

provisions relating to establishment and use of life cycle cost

methods and procedures for provisions defining terms (1) Secretary,

(2) life cycle cost, (3) preliminary energy audit, (4) energy

survey, (5) Federal building, (6) construction, and (7) energy

performance target.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8253, 8258b, 8262g, 8262j

of this title; title 10 sections 2394a, 2857.

-End-

-CITE-

42 USC Sec. 8255 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8255. Budget treatment for energy conservation measures

-STATUTE-

The President shall transmit to the Congress, along with each

budget that is submitted to the Congress under section 1105 of

title 31, a statement of the amount of appropriations requested in

such budget, if any, on an individual agency basis, for -

(1) electric and other energy costs to be incurred in operating

and maintaining agency facilities; and

(2) compliance with the provisions of this part, the Energy

Policy and Conservation Act (42 U.S.C. 6201 et seq.), and all

applicable Executive orders, including Executive Order 12003 (42

U.S.C. 6201 note) and Executive Order 12759 (56 Fed. Reg. 16257).

-SOURCE-

(Pub. L. 95-619, title V, Sec. 545, Nov. 9, 1978, 92 Stat. 3278;

Pub. L. 96-294, title IV, Sec. 405, June 30, 1980, 94 Stat. 716;

Pub. L. 99-509, title III, Sec. 3301, Oct. 21, 1986, 100 Stat.

1890; Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3186;

Pub. L. 102-486, title I, Sec. 152(e), Oct. 24, 1992, 106 Stat.

2846.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Policy and Conservation Act, referred to in par. (2),

is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended, which

is classified principally to chapter 77 (Sec. 6201 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 6201 of this title and

Tables.

Executive Order 12003, referred to in par. (2), is Ex. Ord. No.

12003, July 20, 1977, 42 F.R. 37523 which amended Ex. Ord. No.

11912, April 13, 1976, 41 F.R. 15825, set out as a note under

section 6201 of this title.

Executive Order 12759, referred to in par. (2), is Ex. Ord. No.

12759, April 17, 1991, 56 F.R. 16257, as amended, which was set out

as a note under section 6201 of this title, prior to revocation by

Ex. Ord. No. 13123, Sec. 604, June 3, 1999, 64 F.R. 30859, set out

as a note under section 8251 of this title.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-486 amended section generally. Prior to

amendment, section read as follows: "Each agency, in support of the

President's annual budget request to the Congress, shall

specifically set forth and identify funds requested for energy

conservation measures."

1988 - Pub. L. 100-615 amended section generally, substituting

provision relating to budget treatment for energy conservation

measures for provisions relating to establishment and use of life

cycle cost methods, use of life cycle costs, and use in non-Federal

structures.

1986 - Subsec. (a)(2). Pub. L. 99-509 substituted "average" for

"marginal".

1980 - Subsec. (a)(1). Pub. L. 96-294, which directed amendment

of par. (1) by inserting provisions setting forth criteria for

establishing life-cycle costs for Federal buildings before the

period at end, was executed to par. (2) as the probable intent of

Congress because par. (1) does not contain a period.

-End-

-CITE-

42 USC Sec. 8256 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8256. Incentives for agencies

-STATUTE-

(a) Contracts

(1) Each agency shall establish a program of incentives for

conserving, and otherwise making more efficient use of, energy as a

result of entering into contracts under subchapter VII of this

chapter.

(2) The Secretary shall, not later than 18 months after October

24, 1992, and after consultation with the Director of the Office of

Management and Budget, the Secretary of Defense, and the

Administrator of General Services, develop appropriate procedures

and methods for use by agencies to implement the incentives

referred to in paragraph (1).

(b) Federal Energy Efficiency Fund

(1) The Secretary shall establish a Federal Energy Efficiency

Fund to provide grants to agencies to assist them in meeting the

requirements of section 8253 of this title.

(2) Not later than June 30, 1993, the Secretary shall issue

guidelines to be followed by agencies submitting proposals for such

grants. All agencies shall be eligible to submit proposals for

grants under the Fund.

(3) The Secretary shall award grants from the Fund after a

competitive assessment of the technical and economic effectiveness

of each agency proposal. The Secretary shall consider the following

factors in determining whether to provide funding under this

subsection:

(A) The cost-effectiveness of the project.

(B) The amount of energy and cost savings anticipated to the

Federal Government.

(C) The amount of funding committed to the project by the

agency requesting financial assistance.

(D) The extent that a proposal leverages financing from other

non-Federal sources.

(E) Any other factor which the Secretary determines will result

in the greatest amount of energy and cost savings to the Federal

Government.

(4) There are authorized to be appropriated, to remain available

to be expended, to carry out this subsection not more than

$10,000,000 for fiscal year 1994, $50,000,000 for fiscal year 1995,

and such sums as may be necessary for fiscal years thereafter.

(c) Utility incentive programs

(1) Agencies are authorized and encouraged to participate in

programs to increase energy efficiency and for water conservation

or the management of electricity demand conducted by gas, water, or

electric utilities and generally available to customers of such

utilities.

(2) Each agency may accept any financial incentive, goods, or

services generally available from any such utility, to increase

energy efficiency or to conserve water or manage electricity

demand.

(3) Each agency is encouraged to enter into negotiations with

electric, water, and gas utilities to design cost-effective demand

management and conservation incentive programs to address the

unique needs of facilities utilized by such agency.

(4) If an agency satisfies the criteria which generally apply to

other customers of a utility incentive program, such agency may not

be denied collection of rebates or other incentives.

(5)(A) An amount equal to fifty percent of the energy and water

cost savings realized by an agency (other than the Department of

Defense) with respect to funds appropriated for any fiscal year

beginning after fiscal year 1992 (including financial benefits

resulting from energy savings performance contracts under

subchapter VII of this chapter and utility energy efficiency

rebates) shall, subject to appropriation, remain available for

expenditure by such agency for additional energy efficiency

measures which may include related employee incentive programs,

particularly at those facilities at which energy savings were

achieved.

(B) Agencies shall establish a fund and maintain strict financial

accounting and controls for savings realized and expenditures made

under this subsection. Records maintained pursuant to this

subparagraph shall be made available for public inspection upon

request.

(d) Financial incentive program for facility energy managers

(1) The Secretary shall, in consultation with the Task Force

established pursuant to section 8257 of this title, establish a

financial bonus program to reward, with funds made available for

such purpose, outstanding Federal facility energy managers in

agencies and the United States Postal Service.

(2) Not later than June 1, 1993, the Secretary shall issue

procedures for implementing and conducting the award program,

including the criteria to be used in selecting outstanding energy

managers and contributors who have -

(A) improved energy performance through increased energy

efficiency;

(B) implemented proven energy efficiency and energy

conservation techniques, devices, equipment, or procedures;

(C) developed and implemented training programs for facility

energy managers, operators, and maintenance personnel;

(D) developed and implemented employee awareness programs;

(E) succeeded in generating utility incentives, shared energy

savings contracts, and other federally approved performance based

energy savings contracts;

(F) made successful efforts to fulfill compliance with energy

reduction mandates, including the provisions of section 8253 of

this title; and

(G) succeeded in the implementation of the guidelines

established under section 8262e (!1) of this title.

(3) There is authorized to be appropriated to carry out this

subsection not more than $250,000 for each of the fiscal years

1993, 1994, and 1995.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 546, Nov. 9, 1978, 92 Stat. 3278;

Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3187; Pub. L.

102-486, title I, Sec. 152(f), Oct. 24, 1992, 106 Stat. 2846.)

-REFTEXT-

REFERENCES IN TEXT

Section 8262e of this title, referred to in subsec. (d)(2)(G),

was in the original "section 159" and was translated as meaning

section 159 of Pub. L. 102-486, title I, Oct. 24, 1992, 106 Stat.

2857, which enacted section 8262e of this title, to reflect the

probable intent of Congress.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 152(f)(1), (2),

substituted "Contracts" for "In general" in heading, designated

existing provisions as par. (1), and redesignated former subsec.

(b) as subsec. (a)(2) and amended it generally. Prior to amendment,

par. (2) read as follows: "The head of each agency shall, no later

than 120 days after November 5, 1988, implement procedures for

entering into such contracts and for identifying, verifying, and

utilizing, on a fiscal year basis, the cost savings resulting from

such contracts."

Subsec. (b). Pub. L. 102-486, Sec. 152(f)(4), added subsec. (b).

Former subsec. (b) redesignated par. (2) of subsec. (a).

Subsecs. (c), (d). Pub. L. 102-486, Sec. 152(f)(3), (4), added

subsecs. (c) and (d) and struck out former subsec. (c) which read

as follows: "The portion of the funds appropriated to an agency for

energy expenses for a fiscal year that is equal to the amount of

cost savings realized by such agency for such year from contracts

entered into under subchapter VII of this chapter shall remain

available for obligation, without further appropriation, to

undertake additional energy conservation measures."

1988 - Pub. L. 100-615 amended section generally, substituting

statement of incentives for agencies for provisions relating to

energy performance targets for Federal buildings.

ENERGY EFFICIENCY AND WATER CONSERVATION MEASURES; USE OF REBATES

AND SAVINGS

Pub. L. 104-52, title VI, Sec. 625, Nov. 19, 1995, 109 Stat. 502,

provided that:

"(a) Beginning in fiscal year 1996 and thereafter, for each

Federal agency, except the Department of Defense (which has

separate authority), and except as provided in Public Law 102-393,

title IV, section 13 (40 U.S.C. 490g) [now 40 U.S.C. 592(f)] with

respect to the Fund established pursuant to 40 U.S.C. 490(f) [now

40 U.S.C. 592(a)-(c)(1), (d), (e)], an amount equal to 50 percent

of -

"(1) the amount of each utility rebate received by the agency

for energy efficiency and water conservation measures, which the

agency has implemented; and

"(2) the amount of the agency's share of the measured energy

savings resulting from energy-savings performance contracts,

may be retained and credited to accounts that fund energy and water

conservation activities at the agency's facilities, and shall

remain available until expended for additional specific energy

efficiency or water conservation projects or activities, including

improvements and retrofits, facility surveys, additional or

improved utility metering, and employee training and awareness

programs, as authorized by section 152(f) of the Energy Policy Act

(Public Law 102-486) [amending this section].

"(b) The remaining 50 percent of each rebate, and the remaining

50 percent of the amount of the agency's share of savings from

energy-savings performance contracts, shall be transferred to the

General Fund of the Treasury at the end of the fiscal year in which

received."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8257, 8258 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8257 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8257. Interagency Energy Management Task Force

-STATUTE-

(a) In general

To assist the interagency committee organized under section 7266

of this title to coordinate the activities of the Federal

Government in promoting energy conservation and the efficient use

of energy and in informing non-Federal entities of the Federal

experience in energy conservation, the Secretary shall establish an

Interagency Energy Management Task Force (hereafter in this section

referred to as the "Task Force").

(b) Members

The Task Force shall be composed of the chief energy managers of

agencies represented on the interagency committee organized under

section 7266 of this title.

(c) Duties

The Task Force shall meet when the Secretary requests, but not

less often than twice a year, to -

(1) assess the progress of the various agencies in achieving

energy savings;

(2) collect and disseminate information to agencies, States,

local governments, and the public on effective survey techniques,

innovative approaches to the efficient use of energy, incentive

programs developed under section 8256 of this title, innovative

contracting methods developed under subchapter VII of this

chapter, the use of cogeneration facilities and renewable

resources, and other technologies that promote the conservation

and efficient use of energy;

(3) coordinate energy surveys conducted by the agencies;

(4) develop options for use in conserving energy;

(5) report to the committee organized under section 7266 of

this title; and

(6) review, from time to time as may be necessary, the

regulations relating to building temperature settings to

determine whether changes in such regulations would be

appropriate to assist in meeting the goals specified in section

8253 of this title.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 547, Nov. 9, 1978, 92 Stat. 3279;

Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3187.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-615 amended section generally, substituting

provisions relating to creation of an Interagency Energy Management

Task Force for provisions relating to energy audits and

retrofitting of existing Federal buildings.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8256, 8258b, 8262 of this

title.

-End-

-CITE-

42 USC Sec. 8258 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8258. Reports

-STATUTE-

(a) Reports to Secretary

Each agency shall transmit a report to the Secretary, at times

specified by the Secretary but at least annually, with complete

information on its activities under this part, including

information on -

(1) the agency's progress in achieving the goals established by

section 8253 of this title; and

(2) the procedures being used by the agency pursuant to section

8256(a)(2) of this title, the number of contracts entered into by

such agency under subchapter VII of this chapter, the energy and

cost savings that have resulted from such contracts, the use of

such cost savings under section 8256(c) of this title, and any

problem encountered in entering into such contracts and otherwise

implementing section 8256 of this title.

(b) Reports to Congress

The Secretary shall report, not later than April 2 of each year,

with respect to each fiscal year beginning after November 5, 1988,

to the Congress -

(1) on all activities carried out under this part and on the

progress made toward achievement of the objectives of this part,

including -

(A) a copy of the list of the exclusions made under sections

8253(a)(2) and 8253(c)(3) of this title;

(B) the information required under section 8253(b)(2) of this

title; and

(C) a statement detailing the amount of funds awarded to each

agency under section 8256(b) of this title, the energy and

water conservation measures installed with such funds, the

projected energy and water savings to be realized from

installed measures, and, for each installed measure for which

the projected energy and water savings reported in the previous

year were not realized, the percentage of such projected

savings that was not realized, the reasons such savings were

not realized, and proposals for, and projected costs of,

achieving such projected savings in the future;

(2) the number of contracts entered into by all agencies under

subchapter VII of this chapter, the difficulties (if any)

encountered in attempting to enter into such contracts, and

proposed solutions to those difficulties;

(3) the extent and nature of interagency exchange of

information concerning the conservation and efficient utilization

of energy; and

(4) the information required under section 8262g(d) of this

title.

(c) Other report

The Secretary, in consultation with the Administrator of General

Services, shall -

(1) conduct a study and evaluate legal, institutional, and

other constraints to connecting buildings owned or leased by the

Federal Government to district heating and district cooling

systems; and

(2) not later than 18 months after October 24, 1992, transmit

to the Congress a report containing the findings and conclusions

of such study, including recommendations for the development of

streamlined processes for the consideration of connecting

buildings owned or leased by the Federal Government to district

heating and cooling systems.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 548, Nov. 9, 1978, 92 Stat. 3279;

Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3187; Pub. L.

102-486, title I, Sec. 152(g), (i)(1), Oct. 24, 1992, 106 Stat.

2848, 2851; Pub. L. 104-66, title I, Sec. 1052(d), Dec. 21, 1995,

109 Stat. 718.)

-MISC1-

AMENDMENTS

1995 - Subsec. (b)(1). Pub. L. 104-66, Sec. 1052(d)(1), added

subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (b)(4). Pub. L. 104-66, Sec. 1052(d)(2)-(4), added par.

(4).

1992 - Subsec. (a)(2). Pub. L. 102-486, Sec. 152(i)(1)(A),

substituted "8256(a)(2)" for "8256(b)".

Subsec. (b). Pub. L. 102-486, Sec. 152(i)(1)(B), substituted ",

not later than April 2 of each year," for "annually,".

Subsec. (b)(1). Pub. L. 102-486, Sec. 152(g)(1), substituted

"including - " and subpars. (A) and (B) for "including a copy of

the list of the exclusions made under section 8253(a)(2) of this

title;".

Subsec. (c). Pub. L. 102-486, Sec. 152(g)(2), added subsec. (c).

1988 - Pub. L. 100-615 amended section generally, substituting

provisions relating to reports to Secretary and Congress for former

requirement that in leasing Federal buildings for its own use or

that of another Federal agency, each Federal agency should give

appropriate preference to buildings which used solar heating and

cooling equipment or other renewable energy sources or which

otherwise minimized life cycle costs.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 16th item on page 89 identifies a reporting provision

which, as subsequently amended, is contained in subsec. (b) of this

section), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6361, 8253, 8262c, 8262e,

8262g of this title.

-End-

-CITE-

42 USC Sec. 8258a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8258a. Demonstration of new technology

-STATUTE-

(a) Demonstration program

Not later than January 1, 1994, the Secretary, in cooperation

with the Administrator of General Services, shall establish a

demonstration program to install, in federally owned facilities or

federally assisted housing, energy conservation measures for which

the Secretary has determined that such installation would

accelerate commercial viability. In those cases where technologies

are determined to be equivalent, priority shall be given to those

technologies that have received or are receiving Federal financial

assistance.

(b) Selection criteria

In addition to the determination under subsection (a) of this

section, the Secretary shall select, in cooperation with the

Administrator of General Services, proposals to be funded under

this section on the basis of -

(1) cost-effectiveness;

(2) technical feasibility and system reliability in a working

environment;

(3) lack of market penetration in the Federal sector;

(4) the potential needs of the proposing Federal agency for the

technology, projected over 5 to 10 years;

(5) the potential Federal sector market, projected over 5 to 10

years;

(6) energy efficiency; and

(7) other environmental benefits, including the projected

reduction of greenhouse gas emissions and indoor air pollution.

(c) Proposals

Federal agencies may submit to the Secretary, for each fiscal

year, proposals for projects to be funded by the Secretary under

this section. Each such proposal shall include -

(1) a description of the proposed project emphasizing the

innovative use of technology in the Federal sector;

(2) a description of the technical reliability and

cost-effectiveness data expected to be acquired;

(3) an identification of the potential needs of the Federal

agency for the technology;

(4) a commitment to adopt the technology, if the project

establishes its technical reliability and life cycle

cost-effectiveness, to supply at least 10 percent of the Federal

agency's potential needs identified under paragraph (3);

(5) schedules and milestones for installing additional units;

and

(6) a technology transfer plan to publicize the results of the

project.

(d) Participation by GSA

The Secretary may only select a project for funding under this

section which is proposed to be carried out in a building under the

jurisdiction of the General Services Administration if the project

will be carried out by the Administrator of General Services. If

such project involves a total expenditure in excess of $1,600,000,

no appropriation shall be made for such project unless such project

has been approved by a resolution adopted by the Committee on

Public Works and Transportation of the House of Representatives and

the Committee on Environment and Public Works of the Senate.

(e) Study

The Secretary shall conduct a study to evaluate the potential use

of the purchasing power of the Federal Government to promote the

development and commercialization of energy efficient products. The

study shall identify products for which there is a high potential

for Federal purchasing power to substantially promote their

development and commercialization, and shall include a plan to

develop such potential. The study shall be conducted in

consultation with utilities, manufacturers, and appropriate

nonprofit organizations concerned with energy efficiency. The

Secretary shall report to the Congress on the results of the study

not later than two years after October 24, 1992.

(f) Authorization of appropriations

There are authorized to be appropriated to the Secretary for

carrying out this section $5,000,000 for each of the fiscal years

1993, 1994, and 1995.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 549, as added Pub. L. 102-486, title

I, Sec. 152(h)(2), Oct. 24, 1992, 106 Stat. 2848.)

-MISC1-

PRIOR PROVISIONS

A prior section 549 of Pub. L. 95-619 was renumbered section 551

and is classified to section 8259 of this title.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-End-

-CITE-

42 USC Sec. 8258b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8258b. Survey of energy saving potential

-STATUTE-

(a) In general

The Secretary shall, in consultation with the Interagency Energy

Management Task Force established under section 8257 of this title,

carry out an energy survey for the purposes of -

(1) determining the maximum potential cost effective energy

savings that may be achieved in a representative sample of

buildings owned or leased by the Federal Government in different

areas of the country;

(2) making recommendations for cost effective energy efficiency

and renewable energy improvements in those buildings and in other

similar Federal buildings; and

(3) identifying barriers which may prevent an agency's ability

to comply with section 8253 of this title and other energy

management goals.

(b) Implementation

(1) The Secretary shall transmit to the Committee on Energy and

Natural Resources and the Committee on Governmental Affairs of the

Senate and the Committee on Energy and Commerce, the Committee on

Government Operations, and the Committee on Public Works and

Transportation of the House of Representatives, within 180 days

after October 24, 1992, a plan for implementing this section.

(2) The Secretary shall designate buildings to be surveyed in the

project so as to obtain a sample of the buildings of the types and

in the climates that is representative of buildings owned or leased

by Federal agencies in the United States that consume the major

portion of the energy consumed in Federal buildings. Such sample

shall include, where appropriate, the following types of Federal

facility space:

(A) Housing.

(B) Storage.

(C) Office.

(D) Services.

(E) Schools.

(F) Research and Development.

(G) Industrial.

(H) Prisons.

(I) Hospitals.

(3) For purposes of this section, an improvement shall be

considered cost effective if the cost of the energy saved or

displaced by the improvement exceeds the cost of the improvement

over the remaining life of a Federal building or the remaining term

of a lease of a building leased by the Federal Government as

determined by the life cycle costing methodology developed under

section 8254 of this title.

(c) Personnel

(1) In carrying out this section, the Secretary shall utilize

personnel who are -

(A) employees of the Department of Energy; or

(B) selected by the agencies utilizing the buildings which are

being surveyed under this section.

(2) Such personnel shall be detailed for the purpose of carrying

out this section without any reduction of salary or benefits.

(d) Report

As soon as practicable after the completion of the project

carried out under this section, the Secretary shall transmit a

report of the findings and conclusions of the project to the

Committee on Energy and Natural Resources and the Committee on

Governmental Affairs of the Senate, the Committee on Energy and

Commerce, the Committee on Government Operations, and the Committee

on Public Works and Transportation of the House of Representatives,

and the agencies who own the buildings involved in such project.

Such report shall include an analysis of the probability of each

agency achieving the 20 percent reduction goal established under

section 8253(a) of this title.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 550, as added Pub. L. 102-486, title

I, Sec. 152(h)(2), Oct. 24, 1992, 106 Stat. 2850.)

-MISC1-

PRIOR PROVISIONS

A prior section 550 of Pub. L. 95-619 was classified to section

8260 of this title prior to the general amendment of this part by

Pub. L. 100-615.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2.

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8253 of this title.

-End-

-CITE-

42 USC Sec. 8259 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8259. Definitions

-STATUTE-

For the purposes of this part -

(1) the term "agency" has the meaning given it in section

551(1) of title 5;

(2) the term "construction" means new construction or

substantial rehabilitation of existing structures;

(3) the term "cogeneration facilities" has the same meaning

given such term in section 796(18)(A) of title 16;

(4) the term "energy conservation measures" means measures that

are applied to a Federal building that improve energy efficiency

and are life cycle cost effective and that involve energy

conservation, cogeneration facilities, renewable energy sources,

improvements in operations and maintenance efficiencies, or

retrofit activities;

(5) the term "energy survey" means a procedure used to

determine energy and cost savings likely to result from the use

of appropriate energy related maintenance and operating

procedures and modifications, including the purchase and

installation of particular energy-related equipment and the use

of renewable energy sources;

(6) the term "Federal building" means any building, structure,

or facility, or part thereof, including the associated energy

consuming support systems, which is constructed, renovated,

leased, or purchased in whole or in part for use by the Federal

Government and which consumes energy; such term also means a

collection of such buildings, structures, or facilities and the

energy consuming support systems for such collection;

(7) the term "life cycle cost" means the total costs of owning,

operating, and maintaining a building over its useful life

(including such costs as fuel, energy, labor, and replacement

components) determined on the basis of a systematic evaluation

and comparison of alternative building systems, except that in

the case of leased buildings, the life cycle costs shall be

calculated over the effective remaining term of the lease;

(8) the term "renewable energy sources" includes, but is not

limited to, sources such as agriculture and urban waste,

geothermal energy, solar energy, and wind energy; and

(9) the term "Secretary" means the Secretary of Energy.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 551, formerly Sec. 549, Nov. 9,

1978, 92 Stat. 3280; Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988, 102

Stat. 3188; renumbered Sec. 551, Pub. L. 102-486, title I, Sec.

152(h)(1), Oct. 24, 1992, 106 Stat. 2848; amended Pub. L. 105-388,

Sec. 5(c)(5), Nov. 13, 1998, 112 Stat. 3479.)

-MISC1-

PRIOR PROVISIONS

A prior section 551 of Pub. L. 95-619 was classified to section

8261 of this title prior to the general amendment of this part by

Pub. L. 100-615.

AMENDMENTS

1998 - Par. (8). Pub. L. 105-388 substituted "geothermal" for

"goethermal".

1988 - Pub. L. 100-615 amended section generally, substituting

provisions relating to definitions for Federal energy management

for former provision relating to budget treatment of energy

conserving improvements by Federal agencies.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8262, 8287c of this

title.

-End-

-CITE-

42 USC Secs. 8260, 8261 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Secs. 8260, 8261. Omitted

-COD-

CODIFICATION

Sections 8260 and 8261 were omitted in the general amendment of

this part by Pub. L 100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat.

3185.

Section 8260, Pub. L. 95-619, title V, Sec. 550, Nov. 9, 1978, 92

Stat. 3280, directed each Federal agency to periodically furnish

Secretary with full and complete information on its activities

under this part, and directed Secretary to annually submit to

Congress a comprehensive report on all activities under this part

and on progress made toward achievement of objectives of this part.

Section 8261, Pub. L. 95-619, title V, Sec. 551, Nov. 9, 1978, 92

Stat. 3280, authorized to be appropriated to Secretary not to

exceed $2,000,000 for fiscal year ending Sept. 30, 1979, to enable

Secretary to perform analytical and administrative functions under

this part.

-End-

-CITE-

42 USC Sec. 8262 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262. Definitions

-STATUTE-

For purposes of this subtitle - (!1)

(1) the term "agency" means (!2) has the meaning given such

term in section 551(1) of title 5, except that such term does not

include the United States Postal Service;

(2) the term "facility energy supervisor" means the employee

with responsibility for the daily operations of a Federal

facility, including the management, installation, operation, and

maintenance of energy systems in Federal facilities which may

include more than one building;

(3) the term "trained energy manager" means a person who has

demonstrated proficiency, or who has completed a course of study

in the areas of fundamentals of building energy systems, building

energy codes and applicable professional standards, energy

accounting and analysis, life-cycle cost methodology, fuel supply

and pricing, and instrumentation for energy surveys and audits;

(4) the term "Task Force" means the Interagency Energy

Management Task Force established under section 8257 of this

title; and

(5) the term "energy conservation measures" has the meaning

given such term in section 8259(4) of this title.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 151, Oct. 24, 1992, 106 Stat.

2843.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in text, is subtitle F (Secs. 151-168)

of title I of Pub. L. 102-486, Oct. 24, 1992, 106 Stat. 2843, which

enacted this section and sections 8258a, 8258b, 8262a to 8262k of

this title, amended sections 8252 to 8256, 8258, 8259, 8287, and

8287c of this title and section 490 of former Title 40, Public

Buildings, Property, and Works, enacted provisions set out as notes

under section 8262h of this title and section 1815 of Title 2, The

Congress, and repealed provisions set out as a note under section

8253 of this title. For complete classification of subtitle F to

the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8262c of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The word "means" probably should not

appear.

-End-

-CITE-

42 USC Sec. 8262a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262a. Report by General Services Administration

-STATUTE-

Not later than one year after October 24, 1992, and annually

thereafter, the Administrator of General Services shall report to

the Committee on Governmental Affairs and the Committee on Energy

and Natural Resources of the Senate and the Committee on Energy and

Commerce, the Committee on Government Operations, and the Committee

on Public Works and Transportation of the House of Representatives

on the activities of the General Services Administration conducted

pursuant to this subtitle.(!1)

-SOURCE-

(Pub. L. 102-486, title I, Sec. 154, Oct. 24, 1992, 106 Stat.

2852.)

-REFTEXT-

REFERENCES IN TEXT

This subtitle, referred to in text, is subtitle F (Secs. 151-168)

of title I of Pub. L. 102-486, Oct. 24, 1992, 106 Stat. 2843, which

enacted this section and sections 8258a, 8258b, 8262, 8262b to

8262k of this title, amended sections 8252 to 8256, 8258, 8259,

8287, and 8287c of this title and section 490 of former Title 40,

Public Buildings, Property, and Works, enacted provisions set out

as notes under section 8262h of this title and section 1815 of

Title 2, The Congress, and repealed provisions set out as a note

under section 8253 of this title. For complete classification of

subtitle F to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2.

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8262b, 8262e of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8262b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262b. Intergovernmental energy management planning and

coordination

-STATUTE-

(a) Conference workshops

The Administrator of General Services, in consultation with the

Secretary and the Task Force, shall hold regular, biennial

conference workshops in each of the 10 standard Federal regions on

energy management, conservation, efficiency, and planning strategy.

The Administrator shall work and consult with the Department of

Energy and other Federal agencies to plan for particular regional

conferences. The Administrator shall invite Department of Energy,

State, local, tribal, and county public officials who have

responsibilities for energy management or may have an interest in

such conferences and shall seek the input of, and be responsive to,

the views of such officials in the planning and organization of

such workshops.

(b) Focus of workshops

Such workshops and conferences shall focus on the following (but

may include other topics):

(1) Developing strategies among Federal, State, tribal, and

local governments to coordinate energy management policies and to

maximize available intergovernmental energy management resources

within the region regarding the use of governmental facilities

and buildings.

(2) The design, construction, maintenance, and retrofitting of

governmental facilities to incorporate energy efficient

techniques.

(3) Procurement and use of energy efficient products.

(4) Dissemination of energy information on innovative programs,

technologies, and methods which have proven successful in

government.

(5) Technical assistance to design and incorporate effective

energy management strategies.

(c) Establishment of workshop timetable

As a part of the first report to be submitted pursuant to section

8262a of this title, the Administrator shall set forth the schedule

for the regional energy management workshops to be conducted under

this section. Not less than five such workshops shall be held by

September 30, 1993, and at least one such workshop shall be held in

each of the 10 Federal regions every two years beginning on

September 30, 1993.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 156, Oct. 24, 1992, 106 Stat.

2855.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 8262c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262c. Federal agency energy management training

-STATUTE-

(a) Energy management training

(1) Each executive department described under section 101 of

title 5, the Environmental Protection Agency, the National

Aeronautics and Space Administration, the General Services

Administration, and the United States Postal Service shall

establish and maintain a program to ensure that facility energy

managers are trained energy managers. Such programs shall be

managed -

(A) by the department or agency representative on the Task

Force; or

(B) if a department or agency is not represented on the Task

Force, by the designee of the head of such department or agency.

(2) Departments and agencies described in paragraph (1) shall

encourage appropriate employees to participate in energy manager

training courses. Employees may enroll in courses of study in the

areas described in section 8262(3) of this title including, but not

limited to, courses offered by -

(A) private or public educational institutions;

(B) Federal agencies; or

(C) professional associations.

(b) Report to Task Force

(1) Each department and agency described in subsection (a)(1) of

this section shall, not later than 60 days following October 24,

1992, report to the Task Force the following information:

(A) Those individuals employed by such department or agency on

October 24, 1992, who qualify as trained energy managers.

(B) The General Schedule (GS) or grade level at which each of

the individuals described in subparagraph (A) is employed.

(C) The facility or facilities for which such individuals are

responsible or otherwise stationed.

(2) The Secretary shall provide a summary of the reports

described in paragraph (1) to the Congress as part of the first

report submitted under section 8258 of this title after October 24,

1992.

(c) Requirements at Federal facilities

(1) Not later than one year after October 24, 1992, the

departments and agencies described under subsection (a)(1) of this

section shall upgrade their energy management capabilities by -

(A) designating facility energy supervisors;

(B) encouraging facility energy supervisors to become trained

energy managers; and

(C) increasing the overall number of trained energy managers

within such department or agency to a sufficient level to ensure

effective implementation of this Act.

(2) Departments and agencies described in subsection (a)(1) of

this section may hire trained energy managers to be facility energy

supervisors. Trained energy managers, including those who are

facility supervisors as well as other trained personnel, shall

focus their efforts on improving energy efficiency in the following

facilities -

(A) department or agency facilities identified as most costly

to operate or most energy inefficient; or

(B) other facilities identified by the department or agency

head as having significant energy savings potential.

(d) Annual report to Secretary and Congress

Each department and agency listed in subsection (a)(1) of this

section shall report to the Secretary on the status and

implementation of the requirements of this section. The Secretary

shall include a summary of each such report in the annual report to

Congress as required under section 8258(b) of this title.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 157, Oct. 24, 1992, 106 Stat.

2856.)

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (b)(1)(B), is set

out under section 5332 of Title 5, Government Organization and

Employees.

This Act, referred to in subsec. (c)(1)(C), is Pub. L. 102-486,

Oct. 24, 1992, 106 Stat. 2776, known as the Energy Policy Act of

1992. For complete classification of this Act to the Code, see

Short Title note set out under section 13201 of this title and

Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 8262d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262d. Energy audit teams

-STATUTE-

(a) Establishment

The Secretary shall assemble from existing personnel with

appropriate expertise, and with particular utilization of the

national laboratories, and make available to all Federal agencies,

one or more energy audit teams which shall be equipped with

instruments and other advanced equipment needed to perform energy

audits of Federal facilities.

(b) Monitoring programs

The Secretary shall also assist in establishing, at each site

that has utilized an energy audit team, a program for monitoring

the implementation of energy efficiency improvements based upon

energy audit team recommendations, and for recording the operating

history of such improvements.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 158, Oct. 24, 1992, 106 Stat.

2857.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 8262e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262e. Federal energy cost accounting and management

-STATUTE-

(a) Guidelines

Not later than 120 days after October 24, 1992, the Director of

the Office of Management and Budget, in cooperation with the

Secretary, the Administrator of General Services, and the Secretary

of Defense, shall establish guidelines to be employed by each

Federal agency to assess accurate energy consumption for all

buildings or facilities which the agency owns, operates, manages or

leases, where the Government pays utilities separate from the lease

and the Government operates the leased space. Such guidelines are

to be used in reports required under section 8258 of this title.

Each agency shall implement such guidelines no later than 120 days

after their establishment. Each facility energy manager shall

maintain energy consumption and energy cost records for review by

the Inspector General, the Congress, and the general public.

(b) Contents of guidelines

Such guidelines shall include the establishment of a monitoring

system to determine -

(1) which facilities are the most costly to operate when

measured on an energy consumption per square foot basis or other

relevant analytical basis;

(2) unusual or abnormal changes in energy consumption; and

(3) the accuracy of utility charges for electric and gas

consumption.

(c) Federally leased space energy reporting requirement

The Administrator of General Services shall include, in each

report submitted under section 8262a of this title, the estimated

energy cost of leased buildings or space in which the Federal

Government does not directly pay the utility bills.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 159, Oct. 24, 1992, 106 Stat.

2857.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8256 of this title.

-End-

-CITE-

42 USC Sec. 8262f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262f. Inspector General review and agency accountability

-STATUTE-

(a) Audit survey

Not later than 120 days after October 24, 1992, each Inspector

General created to conduct and supervise audits and investigations

relating to the programs and operations of the establishments

listed in section 11(2) of the Inspector General Act of 1978 (5

U.S.C. App.), and the Chief Postal Inspector of the United States

Postal Service, in accordance with section 8E(f)(1) as established

by section 8E(a)(2) of the Inspector General Act Amendments of 1988

(Public Law 100-504) shall -

(1) identify agency compliance activities to meet the

requirements of section 543 of the National Energy Conservation

Policy Act (42 U.S.C. 8253) and any other matters relevant to

implementing the goals of such Act; and

(2) determine if the agency has the internal accounting

mechanisms necessary to assess the accuracy and reliability of

energy consumption and energy cost figures required under such

section.

(b) President's Council on Integrity and Efficiency report to

Congress

Not later than 150 days after October 24, 1992, the President's

Council on Integrity and Efficiency shall submit a report to the

Committee on Energy and Natural Resources and the Committee on

Governmental Affairs of the Senate, the Committee on Energy and

Commerce, the Committee on Government Operations, and the Committee

on Public Works and Transportation of the House of Representatives,

on the review conducted by the Inspector General of each agency

under this section.

(c) Inspector General review

Each Inspector General established under section 2 of the

Inspector General Act of 1978 (5 U.S.C. App.) is encouraged to

conduct periodic reviews of agency compliance with part 3 of title

V of the National Energy Conservation Policy Act [42 U.S.C. 8251 et

seq.], the provisions of this subtitle,(!1) and other laws relating

to energy consumption. Such reviews shall not be inconsistent with

the performance of the required duties of the Inspector General's

office.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 160, Oct. 24, 1992, 106 Stat.

2858.)

-REFTEXT-

REFERENCES IN TEXT

Sections 2 and 11(2) of the Inspector General Act of 1978,

referred to in subsecs. (a) and (c), are sections 2 and 11(2) of

Pub. L. 95-452, which are set out in the Appendix to Title 5,

Government Organization and Employees.

Section 8E as established by section 8E(a)(2) of the Inspector

General Act Amendments of 1988, referred to in subsec. (a),

probably means section 8E of the Inspector General Act of 1978,

Pub. L. 95-452, as added by Pub. L. 100-504, title I, Sec. 104(a),

Oct. 18, 1988, 102 Stat. 2522. Section 8E of the Inspector General

Act of 1978 was successively renumbered section 8F by Pub. L.

103-82, title II, Sec. 202(g)(1), Sept. 21, 1993, 107 Stat. 889,

then section 8G by Pub. L. 103-204, Sec. 23(a)(3), Dec. 17, 1993,

107 Stat. 2408, and is set out in the Appendix to Title 5.

The National Energy Conservation Policy Act, referred to in

subsecs. (a)(1) and (c), is Pub. L. 95-619, Nov. 9, 1978, 92 Stat.

3206, as amended. Part 3 of title V of the Act is classified

generally to part B (Sec. 8251 et seq.) of subchapter III of

chapter 91 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 8201 of

this title and Tables.

This subtitle, referred to in subsec. (c), is subtitle F (Secs.

151-168), of title I of Pub. L. 102-486, Oct. 24, 1992, 106 Stat.

2843, which enacted this section and sections 8258a, 8258b, 8262a

to 8262e, 8262g to 8262k of this title, amended sections 8252 to

8256, 8258, 8259, 8287, and 8287c of this title and section 490 of

former Title 40, Public Buildings, Property, and Works, enacted

provisions set out as notes under section 8262h of this title and

section 1815 of Title 2, The Congress, and repealed provisions set

out as a note under section 8253 of this title. For complete

classification of subtitle F to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2.

Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8262g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262g. Procurement and identification of energy efficient

products

-STATUTE-

(a) Procurement

The Administrator of General Services, the Secretary of Defense,

and the Director of the Defense Logistics Agency, each shall

undertake a program to include energy efficient products in

carrying out their procurement and supply functions.

(b) Identification program

The Administrator of General Services, the Secretary of Defense,

and the Director of the Defense Logistics Agency, in consultation

with the Secretary of Energy, each shall implement, in conjunction

with carrying out their procurement and supply functions, a program

to identify and designate those energy efficient products that

offer significant potential savings, using, to the extent

practicable, the life cycle cost methods and procedures developed

under section 8254 of this title. The Secretary of Energy shall, to

the extent necessary to carry out this section and after

consultation with the aforementioned agency heads, provide

estimates of the degree of relative energy efficiency of products.

(c) Guidelines

The Administrator for Federal Procurement Policy, in consultation

with the Administrator of General Services, the Secretary of

Energy, the Secretary of Defense, and the Director of the Defense

Logistics Agency, shall issue guidelines to encourage the

acquisition and use by all Federal agencies of products identified

pursuant to this section. The Secretary of Defense and the Director

of the Defense Logistics Agency shall consider, and place emphasis

on, the acquisition of such products as part of the Agency's

ongoing review of military specifications.

(d) Report to Congress

Not later than December 31 of 1993 and thereafter as part of the

report required under section 8258(b) of this title, the Secretary

of Energy, in consultation with the Administrator for Federal

Procurement Policy, the Administrator of General Services, the

Secretary of Defense, and the Director of the Defense Logistics

Agency, shall report on the progress, status, activities, and

results of the programs under subsections (a), (b), and (c) of this

section. The report shall include -

(1) the types and functions of each product identified under

subsection (b) of this section, and efforts undertaken by the

Administrator of General Services, the Secretary of Defense, and

the Director of the Defense Logistics Agency to encourage the

acquisition and use of such products;

(2) the actions taken by the Administrator of General Services,

the Secretary of Defense, and the Director of the Defense

Logistics Agency to identify products under subsection (b) of

this section, the barriers which inhibit implementation of

identification of such products, and recommendations for

legislative action, if necessary;

(3) progress on the development and issuance of guidelines

under subsection (c) of this section;

(4) an indication of whether energy cost savings technologies

identified by the Advanced Building Technology Council, under

section 1701j-2(h) of title 12, have been used in the

identification of products under subsection (b) of this section;

(5) an estimate of the potential cost savings to the Federal

Government from acquiring products identified under subsection

(b) of this section with respect to which energy is a significant

component of life cycle cost, based on the quantities of such

products that could be utilized throughout the Government; and

(6) the actual quantities acquired of products described in

paragraph (5).

-SOURCE-

(Pub. L. 102-486, title I, Sec. 161, Oct. 24, 1992, 106 Stat. 2858;

Pub. L. 104-66, title I, Sec. 1052(c), Dec. 21, 1995, 109 Stat.

718.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-MISC1-

AMENDMENTS

1995 - Subsec. (d). Pub. L. 104-66 substituted "thereafter as

part of the report required under section 8258(b) of this title,"

for "of each year thereafter," in introductory provisions.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 12th item on page 85 identifies a reporting provision

which, as subsequently amended, is contained in subsec. (d) of this

section), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-EXEC-

EXECUTIVE ORDER NO. 12845

Ex. Ord. No. 12845, Apr. 21, 1993, 58 F.R. 21887, which required

Federal agencies to procure computer equipment that met EPA Energy

Star requirements for energy efficiency, was revoked by Ex. Ord.

No. 13123, Sec. 604, June 3, 1999, 64 F.R. 30859, set out as a note

under section 8251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8258 of this title.

-End-

-CITE-

42 USC Sec. 8262h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262h. United States Postal Service energy regulations

-STATUTE-

(a) In general

The Postmaster General shall issue regulations to ensure the

reliable and accurate accounting of energy consumption costs for

all buildings or facilities which it owns, leases, operates, or

manages. Such regulations shall -

(1) establish a monitoring system to determine which facilities

are the most costly to operate on an energy consumption per

square foot basis or other relevant analytical basis;

(2) identify unusual or abnormal changes in energy consumption;

and

(3) check the accuracy of utility charges for electricity and

gas consumption.

(b) Identification of energy efficiency products

The Postmaster General shall actively undertake a program to

identify and procure energy efficiency products for use in its

facilities. In carrying out this subsection, the Postmaster General

shall, to the maximum extent practicable, incorporate energy

efficient information available on Federal Supply Schedules

maintained by the General Services Administration and the Defense

Logistics Agency.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 163, Oct. 24, 1992, 106 Stat.

2860.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-MISC1-

UNITED STATES POSTAL SERVICE BUILDING ENERGY SURVEY AND REPORT

Section 164 of Pub. L. 102-486 directed Postmaster General to

conduct an energy survey, as defined in 42 U.S.C. 8259(5), for

purposes of determining maximum potential cost effective energy

savings that may be achieved in a representative sample of

buildings owned or leased by United States Postal Service in

different areas of the country, making recommendations for cost

effective energy efficiency and renewable energy improvements in

those buildings and in other similar United States Postal Service

buildings, and identifying barriers which may prevent the United

States Postal Service from complying with energy management goals,

and further directed Postmaster General to transmit to Congress

within 180 days after Oct. 24, 1992, a plan for implementing this

survey, and to report to Congress on the findings and conclusions

of such survey as soon as practicable after its completion.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8262i of this title.

-End-

-CITE-

42 USC Sec. 8262i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262i. United States Postal Service energy management report

-STATUTE-

Not later than one year after October 24, 1992, and not later

than January 1 of each year thereafter, the Postmaster General

shall submit a report to the Committee on Governmental Affairs and

the Committee on Energy and Natural Resources of the Senate and the

Committee on Energy and Commerce and the Committee on Post Office

and Civil Service of the House of Representatives on the United

States Postal Service's building management program as it relates

to energy efficiency. The report shall include, but not be limited

to -

(1) a description of actions taken to reduce energy

consumption;

(2) future plans to reduce energy consumption;

(3) an assessment of the success of the energy conservation

program;

(4) a statement of energy costs incurred in operating and

maintaining all United States Postal Service facilities; and

(5) the status of the energy efficient procurement program

established under section 8262h of this title.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 165, Oct. 24, 1992, 106 Stat.

2861.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE

Committee on Post Office and Civil Service of House of

Representatives abolished by House Resolution No. 6, One Hundred

Fourth Congress, Jan. 4, 1995. References to Committee on Post

Office and Civil Service treated as referring to Committee on

Government Reform and Oversight of House of Representatives, see

section 1(b) of Pub. L. 104-14, set out as a note preceding section

21 of Title 2, The Congress. Committee on Government Reform and

Oversight of House of Representatives changed to Committee on

Government Reform of House of Representatives by House Resolution

No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8262j of this title.

-End-

-CITE-

42 USC Sec. 8262j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262j. Energy management requirements for United States Postal

Service

-STATUTE-

(a) Energy management requirements for postal facilities

(1) The Postmaster General shall, to the maximum extent

practicable, ensure that each United States Postal Service facility

meets the energy management requirements for Federal buildings and

agencies specified in section 8253 of this title.

(2) The Postmaster General may exclude from the requirements of

such section any facility or collection of facilities, and the

associated energy consumption and gross square footage if the

Postmaster General finds that compliance with the requirements of

such section would be impracticable. A finding of impracticability

shall be based on the energy intensiveness of activities carried

out in such facility or collection of facilities, the type and

amount of energy consumed, or the technical feasibility of making

the desired changes. The Postmaster General shall identify and list

in the report required under section 8262i of this title the

facilities designated by it for such exclusion.

(b) Implementation steps

In carrying subsection (a) of this section, the Postmaster

General shall -

(1) not later than 1 year after October 24, 1992, prepare or

update, as appropriate, a plan (which may be submitted as part of

the first report submitted under section 8262i of this title) -

(A) describing how this section will be implemented;

(B) designating personnel primarily responsible for achieving

the requirements of this section; and

(C) identifying high priority projects;

(2) perform energy surveys of United States Postal Service

facilities as necessary to achieve the requirements of this

section;

(3) install those energy conservation measures that will attain

the requirements of this section in a cost-effective manner as

defined in section 8254 of this title; and

(4) ensure that the operation and maintenance procedures

applied under this section are continued.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 166, Oct. 24, 1992, 106 Stat.

2861.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 8262k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part B - Federal Energy Management

-HEAD-

Sec. 8262k. Government contract incentives

-STATUTE-

(a) Establishment of criteria

Each agency, in consultation with the Federal Acquisition

Regulatory Council, shall establish criteria for the improvement of

energy efficiency in Federal facilities operated by Federal

Government contractors or subcontractors.

(b) Purpose of criteria

The criteria established under subsection (a) of this section

shall be used to encourage Federal contractors, and their

subcontractors, which manage and operate federally-owned

facilities, to adopt and utilize energy conservation measures

designed to reduce energy costs in Government-owned and

contractor-operated facilities and which are ultimately borne by

the Federal Government.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 167, Oct. 24, 1992, 106 Stat.

2862.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the National Energy Conservation Policy Act which

comprises this chapter.

-End-

-CITE-

42 USC Part C - Federal Photovoltaic Utilization 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

PART C - FEDERAL PHOTOVOLTAIC UTILIZATION

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 5593, 5594 of this title.

-End-

-CITE-

42 USC Sec. 8271 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

Sec. 8271. "Federal facility" and "Secretary" defined

-STATUTE-

For purposes of this part -

(1) The term "Federal facility" means any building, structure,

or fixture or part thereof which is owned by the United States or

any Federal agency or which is held by the United States or any

Federal agency under a lease-acquisition agreement under which

the United States or a Federal agency will receive fee simple

title under the terms of such agreement without further

negotiation. Such term also applies to facilities related to

programs administered by Federal agencies.

(2) The term "Secretary" means the Secretary of Energy.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 562, Nov. 9, 1978, 92 Stat. 3280;

Pub. L. 96-294, title IV, Sec. 407(1), June 30, 1980, 94 Stat.

717.)

-MISC1-

AMENDMENTS

1980 - Par. (1). Pub. L. 96-294 inserted applicability to

facilities related to programs administered by Federal agencies.

SHORT TITLE

For short title of this part as the "Federal Photovoltaic

Utilization Act", see section 561 of Pub. L. 95-619, set out as a

note under section 8201 of this title.

-End-

-CITE-

42 USC Sec. 8272 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

Sec. 8272. Photovoltaic energy program

-STATUTE-

There is hereby established a photovoltaic energy

commercialization program for the accelerated procurement and

installation of photovoltaic solar electric systems for electric

production in Federal facilities.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 563, Nov. 9, 1978, 92 Stat. 3280.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8273, 8274, 8275 of this

title.

-End-

-CITE-

42 USC Sec. 8273 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

Sec. 8273. Purpose of program

-STATUTE-

The purpose of the program established by section 8272 of this

title is to -

(1) accelerate the growth of a commercially viable and

competitive industry to make photovoltaic solar electric systems

available to the general public as an option in order to reduce

national consumption of fossil fuel;

(2) reduce fossil fuel costs to the Federal Government;

(3) stimulate the general use within the Federal Government of

methods for the minimization of life cycle costs; and

(4) develop performance data on the program established by

section 8272 of this title.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 564, Nov. 9, 1978, 92 Stat. 3280.)

-End-

-CITE-

42 USC Sec. 8274 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

Sec. 8274. Acquisition of systems

-STATUTE-

The program established by section 8272 of this title shall

provide for the acquisition of photovoltaic solar electric systems

and associated storage capability by the Secretary for their use by

Federal agencies, and for the acquisition of such systems and

associated capability by Federal agencies for their own use in

cases where the authority to make such acquisition has been

delegated to the agency involved by the Secretary. The acquisition

of photovoltaic solar electric systems shall be at an annual level

substantial enough to allow use of low-cost production techniques

by suppliers of such systems. The Secretary (or other Federal

agency acting under delegation from the Secretary) is authorized to

make such acquisitions through the use of multiyear contracts.

Authority under this part to enter into acquisition contracts shall

be only to the extent as may be provided in advance in

appropriation Acts.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 565, Nov. 9, 1978, 92 Stat. 3281;

Pub. L. 96-294, title IV, Sec. 407(2)(A), (B), June 30, 1980, 94

Stat. 717.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-294 inserted provisions relating to acquisition

of systems and associated capability by Federal agencies and

inserted "(or other Federal agency acting under delegation from the

Secretary)".

-End-

-CITE-

42 USC Sec. 8275 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

Sec. 8275. Administration

-STATUTE-

The Secretary shall administer the program established under

section 8272 of this title and shall -

(1) consult with the Secretary of Defense to insure that the

installation and purchase of photovoltaic solar electric systems

pursuant to this part shall not interfere with defense-related

activities;

(2) prescribe such requirements as may be appropriate to

monitor and assess the performance and operation of photovoltaic

electric systems installed pursuant to this part; and

(3) report annually to the Congress on the status of the

program.

Notwithstanding any other provision of law, the Secretary shall not

be subject to the requirements of section 553 of title 5, in the

performance of his functions under this part.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 566, Nov. 9, 1978, 92 Stat. 3281;

Pub. L. 96-294, title IV, Sec. 407(3), (4), June 30, 1980, 94 Stat.

717, 718.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-294 inserted provisions relating to

inapplicability of section 553 of title 5 and substituted

"requirements" for "rules and regulations" in par. (2).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of the reporting

provision in par. (3) of this section, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and the 3rd item on page 87 of House

Document No. 103-7.

-End-

-CITE-

42 USC Sec. 8276 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

Sec. 8276. System evaluation and purchase program

-STATUTE-

(a) Program

The Secretary shall establish, within 60 days after November 9,

1978, a photovoltaic systems evaluation and purchase program to

provide such systems as are required by the Federal agencies to

carry out this part. In acquiring photovoltaic solar electric

systems under this part, the Secretary (or other Federal agency

acting under delegation from the Secretary) shall insure that such

systems reflect to the maximum extent practicable the most advanced

and reliable technologies and shall schedule purchases in a manner

which will stimulate the early development of a permanent low-cost

private photovoltaic production capability in the United States,

and to stimulate the private sector market for photovoltaic power

systems. The Secretary and other Federal agencies acting under

delegation from the Secretary shall, subject to the availability of

appropriated funds, procure not more than 30 megawatts of

photovoltaic solar electric systems during fiscal years ending

September 30, 1979, September 30, 1980, and September 30, 1981.

(b) Other procurement

Nothing in this part shall preclude any Federal agency from

directly procuring a photovoltaic solar electric system (in lieu of

obtaining one under the program under subsection (a) of this

section), except that any such Federal agency shall consult with

the Secretary before procuring such a system.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 567, Nov. 9, 1978, 92 Stat. 3281;

Pub. L. 96-294, title IV, Sec. 407(2)(C), (D), June 30, 1980, 94

Stat. 717.)

-MISC1-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-294 inserted provisions relating

to Federal agencies acting under delegations from the Secretary.

-End-

-CITE-

42 USC Sec. 8277 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

Sec. 8277. Advisory committee

-STATUTE-

(a) Establishment

There is hereby established an advisory committee to assist the

Secretary in the establishment and conduct of the programs

established under this part.

(b) Membership

Such committee shall be composed of the Secretary of Defense, the

Secretary of Housing and Urban Development, the Administrator of

the National Aeronautics and Space Administration, the

Administrator of the General Services Administration, the Secretary

of Transportation, the Administrator of the Small Business

Administration, the chairman of the Federal Trade Commission, the

Postmaster General, and such other persons as the Secretary deems

necessary. The Secretary shall appoint such other nongovernmental

persons to the extent necessary to assure that the membership of

the committee will be fairly balanced in terms of the point of view

represented and the functions to be performed by the committee.

(c) Termination

The advisory committee shall terminate October 1, 1981.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 568, Nov. 9, 1978, 92 Stat. 3281.)

-End-

-CITE-

42 USC Sec. 8278 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER III - FEDERAL ENERGY INITIATIVE

Part C - Federal Photovoltaic Utilization

-HEAD-

Sec. 8278. Authorization of appropriations

-STATUTE-

For the purposes of this part, there is authorized to be

appropriated to the Secretary not to exceed $98,000,000 for the

period beginning October 1, 1978, and ending September 30, 1981.

-SOURCE-

(Pub. L. 95-619, title V, Sec. 569, Nov. 9, 1978, 92 Stat. 3282.)

-End-

-CITE-

42 USC SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL

BUILDINGS AND MULTIFAMILY DWELLINGS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

-HEAD-

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 12 sections 3602, 3618.

-End-

-CITE-

42 USC Part A - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

Part A - General Provisions

-HEAD-

PART A - GENERAL PROVISIONS

-End-

-CITE-

42 USC Secs. 8281 to 8281b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

Part A - General Provisions

-HEAD-

Secs. 8281 to 8281b. Repealed. Pub. L. 99-412, title II, Sec.

201(a), Aug. 28, 1986, 100 Stat. 943

-MISC1-

Section 8281, Pub. L. 95-619, title VII, Sec. 710, as added Pub.

L. 96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 752, provided

that definitions in section 8211 of this title apply to this

subchapter and defined additional terms.

Section 8281a, Pub. L. 95-619, title VII, Sec. 711, as added Pub.

L. 96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 754, provided

that this subchapter apply to any public utility for which coverage

is provided under section 8212 of this title.

Section 8281b, Pub. L. 95-619, title VII, Sec. 712, as added Pub.

L. 96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 754, related

to rules of the Secretary for submission and approval of plans.

DEMONSTRATION PROJECTS FOR ENERGY EFFICIENCY IN COMMERCIAL

BUILDINGS

Pub. L. 99-412, title II, Sec. 202, Aug. 28, 1986, 100 Stat. 943,

provided that: "The Secretary of Energy shall, using funds

appropriated for energy conservation activities of the Department

of Energy, carry out demonstration projects by sharing the cost of

the construction and development by nongovernmental entities of

facilities which demonstrate innovative technologies for utility

applications that increase energy efficiency in commercial

buildings."

-End-

-CITE-

42 USC Part B - Energy Conservation Plans 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

Part B - Energy Conservation Plans

-HEAD-

PART B - ENERGY CONSERVATION PLANS

-End-

-CITE-

42 USC Secs. 8282 to 8282b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

Part B - Energy Conservation Plans

-HEAD-

Secs. 8282 to 8282b. Repealed. Pub. L. 99-412, title II, Sec.

201(a), Aug. 28, 1986, 100 Stat. 943

-MISC1-

Section 8282, Pub. L. 95-619, title VII, Sec. 721, as added Pub.

L. 96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 754, related

to procedures for submission and approval of State energy

conservation plans for commercial buildings and multifamily

dwellings.

Section 8282a, Pub. L. 95-619, title VII, Sec. 722, as added Pub.

L. 96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 755, related

to requirements for State plans for regulated utilities.

Section 8282b, Pub. L. 95-619, title VII, Sec. 723, as added Pub.

L. 96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 756, related

to plan requirements for nonregulated utilities and building

heating suppliers.

AUTHORITY TO CONTINUE CERTAIN STATE ENERGY CONSERVATION PLANS

Pub. L. 99-412, title II, Sec. 201(c), Aug. 28, 1986, 100 Stat.

943, provided that: "Notwithstanding subsection (a) [repealing this

subchapter], any State energy conservation plan for commercial

buildings and multifamily dwellings approved under section 721 of

the National Energy Conservation Policy Act [42 U.S.C. 8282] before

August 1, 1984, may, with respect to regulated utilities, continue

in effect until January 1, 1990."

-End-

-CITE-

42 USC Part C - Utility Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

Part C - Utility Programs

-HEAD-

PART C - UTILITY PROGRAMS

-End-

-CITE-

42 USC Secs. 8283, 8283a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

Part C - Utility Programs

-HEAD-

Secs. 8283, 8283a. Repealed. Pub. L. 99-412, title II, Sec. 201(a),

Aug. 28, 1986, 100 Stat. 943

-MISC1-

Section 8283, Pub. L. 95-619, title VII, Sec. 731, as added Pub.

L. 96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 756, related

to general requirements for utility programs and requirements

concerning accounting and payment of costs.

Section 8283a, Pub. L. 95-619, title VII, Sec. 732, as added Pub.

L. 96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 757, related

to requirements for building heating supplier programs and waiver

of such requirements.

-End-

-CITE-

42 USC Part D - Federal Implementation 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

Part D - Federal Implementation

-HEAD-

PART D - FEDERAL IMPLEMENTATION

-End-

-CITE-

42 USC Sec. 8284 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER IV - ENERGY CONSERVATION FOR COMMERCIAL BUILDINGS AND

MULTIFAMILY DWELLINGS

Part D - Federal Implementation

-HEAD-

Sec. 8284. Repealed. Pub. L. 99-412, title II, Sec. 201(a), Aug.

28, 1986, 100 Stat. 943

-MISC1-

Section, Pub. L. 95-619, title VII, Sec. 741, as added Pub. L.

96-294, title V, Sec. 565, June 30, 1980, 94 Stat. 757, related to

Federal standby authority to promulgate plans.

-End-

-CITE-

42 USC SUBCHAPTER V - ENERGY AUDITOR TRAINING AND

CERTIFICATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER V - ENERGY AUDITOR TRAINING AND CERTIFICATION

-HEAD-

SUBCHAPTER V - ENERGY AUDITOR TRAINING AND CERTIFICATION

-COD-

CODIFICATION

This subchapter was enacted as part of the Energy Security Act,

and not as part of the National Energy Conservation Policy Act

which comprises this chapter.

-End-

-CITE-

42 USC Sec. 8285 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER V - ENERGY AUDITOR TRAINING AND CERTIFICATION

-HEAD-

Sec. 8285. Purpose

-STATUTE-

It is the purpose of this subchapter to encourage the training

and certification of individuals to conduct energy audits for

residential and commercial buildings in order to serve the various

private and public needs of the Nation for energy audits.

-SOURCE-

(Pub. L. 96-294, title V, Sec. 581, June 30, 1980, 94 Stat. 760.)

-End-

-CITE-

42 USC Sec. 8285a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER V - ENERGY AUDITOR TRAINING AND CERTIFICATION

-HEAD-

Sec. 8285a. Definitions

-STATUTE-

For the purposes of this subchapter -

(1) the term "Governor" means the chief executive officer of

each State, including the Mayor of the District of Columbia;

(2) the term "State" means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, and the Northern Mariana Islands;

(3) the term "energy audit" means an inspection as described in

section 8216(b)(1)(A) (!1) of this title, or an energy audit as

defined in section 8281(b)(7) (!1) of this title, which in

addition may provide information on the utilization of renewable

resources and may make energy-related improvements in the

building; and

(4) the term "Secretary" means the Secretary of Energy.

-SOURCE-

(Pub. L. 96-294, title V, Sec. 582, June 30, 1980, 94 Stat. 761.)

-REFTEXT-

REFERENCES IN TEXT

Section 8216 of this title, referred to in par. (3), was omitted

from the Code pursuant to section 8229 of this title, which

terminated authority under that section June 30, 1989.

Section 8281 of this title, referred to in par. (3), was repealed

by Pub. L. 99-412, title II, Sec. 201(a), Aug. 28, 1986, 100 Stat.

943.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8285b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER V - ENERGY AUDITOR TRAINING AND CERTIFICATION

-HEAD-

Sec. 8285b. Grants

-STATUTE-

(a) The Secretary may make grants to any Governor of a State for

the training and certification of individuals to conduct energy

audits.

(b) Before making a grant under subsection (a) of this section to

a Governor, the Secretary must receive from the Governor an

application containing -

(A) any information which the Secretary deems is necessary to

carry out this subchapter; and

(B) an assurance that the grant will supplement and not

supplant other funds available for such training and

certification and will be used to increase the total amount of

funds available for such training and certification.

(c)(1) Before making any grant under subsection (a) of this

section the Secretary shall establish minimum standards for the

training and certification of individuals to conduct energy audits.

(2) The Secretary shall require each Governor receiving any grant

under this subchapter to agree to meet the standards established

pursuant to paragraph (1) in any training and certification

conducted using funds provided under this subchapter.

-SOURCE-

(Pub. L. 96-294, title V, Sec. 583, June 30, 1980, 94 Stat. 761.)

-End-

-CITE-

42 USC Sec. 8285c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER V - ENERGY AUDITOR TRAINING AND CERTIFICATION

-HEAD-

Sec. 8285c. Authorization of appropriations

-STATUTE-

(a) To carry out this subchapter there is authorized to be

appropriated the sum of $10,000,000 for the fiscal year ending on

September 30, 1981, and the sum of $15,000,000 for the fiscal year

ending on September 30, 1982.

(b) Any funds appropriated under the authorization contained in

this section shall remain available until expended.

-SOURCE-

(Pub. L. 96-294, title V, Sec. 584, June 30, 1980, 94 Stat. 761.)

-End-

-CITE-

42 USC SUBCHAPTER VI - COORDINATION OF FEDERAL ENERGY

CONSERVATION FACTORS AND DATA 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VI - COORDINATION OF FEDERAL ENERGY CONSERVATION FACTORS

AND DATA

-HEAD-

SUBCHAPTER VI - COORDINATION OF FEDERAL ENERGY CONSERVATION FACTORS

AND DATA

-COD-

CODIFICATION

This subchapter was enacted as part of the Energy Security Act,

and not as part of the National Energy Conservation Policy Act

which comprises this chapter.

-End-

-CITE-

42 USC Sec. 8286 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VI - COORDINATION OF FEDERAL ENERGY CONSERVATION FACTORS

AND DATA

-HEAD-

Sec. 8286. Consensus on factors and data for energy conservation

standards

-STATUTE-

The Secretary of Energy shall assure that within 6 months after

June 30, 1980, the Secretary of Energy, the Secretary of Housing

and Urban Development, the Secretary of Agriculture, the Secretary

of Health and Human Services, the Secretary of Defense, the

Administrator of the General Services Administration, and the head

of any other agency responsible for developing energy conservation

standards for new or existing residential, commercial, or

agricultural buildings shall reach a consensus regarding factors

and data used to develop such standards. This consensus shall apply

to, but not be limited to -

(1) fuel price projections;

(2) discount rates;

(3) inflation rates;

(4) climatic conditions and zones; and

(5) the cost and energy saving characteristics of construction

materials.

-SOURCE-

(Pub. L. 96-294, title V, Sec. 595, June 30, 1980, 94 Stat. 762.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8286a of this title.

-End-

-CITE-

42 USC Sec. 8286a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VI - COORDINATION OF FEDERAL ENERGY CONSERVATION FACTORS

AND DATA

-HEAD-

Sec. 8286a. Use of factors and data

-STATUTE-

Factors and data consented to pursuant to section 8286 of this

title may be revised and agreed to by a consensus of the heads of

the various Federal agencies involved. Such factors and data shall

be used by all Federal agencies in establishing and revising

various energy conservation standards used by such agencies, except

that other factors and data may be used with respect to the

standards applicable to any program if -

(1) the other factors and data are approved by the Secretary of

Energy solely on the basis that such other factors and data are

critical to meet the unique needs of the program concerned;

(2) using the consented to factors and data would cause a

violation of an express provision of law; or

(3) statutory requirements or responsibilities require a

modification of the consented to factors and data.

-SOURCE-

(Pub. L. 96-294, title V, Sec. 596, June 30, 1980, 94 Stat. 762.)

-End-

-CITE-

42 USC Sec. 8286b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VI - COORDINATION OF FEDERAL ENERGY CONSERVATION FACTORS

AND DATA

-HEAD-

Sec. 8286b. Omitted

-COD-

CODIFICATION

Section, Pub. L. 96-294, title V, Sec. 597, June 30, 1980, 94

Stat. 762, which required the President (who delegated the duty to

the Secretary of Energy by Memorandum of June 23, 1993, 58 F.R.

34519) to report annually to Congress on activities carried out

under this subchapter and on other efforts to coordinate Federal

energy conservation programs, terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance. See,

also, the 15th item on page 19 of House Document No. 103-7.

-End-

-CITE-

42 USC SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE

CONTRACTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE CONTRACTS

-HEAD-

SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE CONTRACTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 8251, 8253, 8256,

8257, 8258 of this title.

-End-

-CITE-

42 USC Sec. 8287 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE CONTRACTS

-HEAD-

Sec. 8287. Authority to enter into contracts

-STATUTE-

(a) In general

(1) The head of a Federal agency may enter into contracts under

this subchapter solely for the purpose of achieving energy savings

and benefits ancillary to that purpose. Each such contract may,

notwithstanding any other provision of law, be for a period not to

exceed 25 years. Such contract shall provide that the contractor

shall incur costs of implementing energy savings measures,

including at least the costs (if any) incurred in making energy

audits, acquiring and installing equipment, and training personnel,

in exchange for a share of any energy savings directly resulting

from implementation of such measures during the term of the

contract.

(2)(A) Contracts under this subchapter shall be energy savings

performance contracts and shall require an annual energy audit and

specify the terms and conditions of any Government payments and

performance guarantees. Any such performance guarantee shall

provide that the contractor is responsible for maintenance and

repair services for any energy related equipment, including

computer software systems.

(B) Aggregate annual payments by an agency to both utilities and

energy savings performance contractors, under an energy savings

performance contract, may not exceed the amount that the agency

would have paid for utilities without an energy savings performance

contract (as estimated through the procedures developed pursuant to

this section) during contract years. The contract shall provide for

a guarantee of savings to the agency, and shall establish payment

schedules reflecting such guarantee, taking into account any

capital costs under the contract.

(C) Federal agencies may incur obligations pursuant to such

contracts to finance energy conservation measures provided

guaranteed savings exceed the debt service requirements.

(D) A Federal agency may enter into a multiyear contract under

this subchapter for a period not to exceed 25 years, without

funding of cancellation charges before cancellation, if -

(i) such contract was awarded in a competitive manner pursuant

to subsection (b)(2) of this section, using procedures and

methods established under this subchapter;

(ii) funds are available and adequate for payment of the costs

of such contract for the first fiscal year;

(iii) 30 days before the award of any such contract that

contains a clause setting forth a cancellation ceiling in excess

of $10,000,000, the head of such agency gives written

notification of such proposed contract and of the proposed

cancellation ceiling for such contract to the appropriate

authorizing and appropriating committees of the Congress; and

(iv) such contract is governed by part 17.1 of the Federal

Acquisition Regulation promulgated under section 421 of title 41

or the applicable rules promulgated under this subchapter.

(b) Implementation

(1)(A) The Secretary, with the concurrence of the Federal

Acquisition Regulatory Council established under section 421(a) of

title 41, not later than 180 days after October 24, 1992, shall, by

rule, establish appropriate procedures and methods for use by

Federal agencies to select, monitor, and terminate contracts with

energy service contractors in accordance with laws governing

Federal procurement that will achieve the intent of this section in

a cost-effective manner. In developing such procedures and methods,

the Secretary, with the concurrence of the Federal Acquisition

Regulatory Council, shall determine which existing regulations are

inconsistent with the intent of this section and shall formulate

substitute regulations consistent with laws governing Federal

procurement.

(B) The procedures and methods established pursuant to

subparagraph (A) shall be the procedures and contracting methods

for selection, by an agency, of a contractor to provide energy

savings performance services. Such procedures and methods shall

provide for the calculation of energy savings based on sound

engineering and financial practices.

(2) The procedures and methods established pursuant to paragraph

(1)(A) shall -

(A) allow the Secretary to -

(i) request statements of qualifications, which shall, at a

minimum, include prior experience and capabilities of

contractors to perform the proposed types of energy savings

services and financial and performance information, from firms

engaged in providing energy savings services; and

(ii) from the statements received, designate and prepare a

list, with an update at least annually, of those firms that are

qualified to provide energy savings services;

(B) require each agency to use the list prepared by the

Secretary pursuant to subparagraph (A)(ii) unless the agency

elects to develop an agency list of firms qualified to provide

energy savings performance services using the same selection

procedures and methods as are required of the Secretary in

preparing such lists; and

(C) allow the head of each agency to -

(i) select firms from the list prepared pursuant to

subparagraph (A)(ii) or the list prepared by the agency

pursuant to subparagraph (B) to conduct discussions concerning

a particular proposed energy savings project, including

requesting a technical and price proposal from such selected

firms for such project;

(ii) select from such firms the most qualified firm to

provide energy savings services based on technical and price

proposals and any other relevant information;

(iii) permit receipt of unsolicited proposals for energy

savings performance contracting services from a firm that such

agency has determined is qualified to provide such services

under the procedures established pursuant to paragraph (1)(A),

and require agency facility managers to place a notice in the

Commerce Business Daily announcing they have received such a

proposal and invite other similarly qualified firms to submit

competing proposals; and

(iv) enter into an energy savings performance contract with a

firm qualified under clause (iii), consistent with the

procedures and methods established pursuant to paragraph

(1)(A).

(3) A firm not designated as qualified to provide energy savings

services under paragraph (2)(A)(i) or paragraph (2)(B) may request

a review of such decision to be conducted in accordance with

procedures to be developed by the board of contract appeals of the

General Services Administration.

(c) Sunset requirements

The authority to enter into new contracts under this section

shall cease to be effective on October 1, 2003.

-SOURCE-

(Pub. L. 95-619, title VIII, Sec. 801, as added Pub. L. 99-272,

title VII, Sec. 7201(a), Apr. 7, 1986, 100 Stat. 142; amended Pub.

L. 102-486, title I, Sec. 155(a), Oct. 24, 1992, 106 Stat. 2852;

Pub. L. 104-106, div. E, title LVI, Sec. 5607(e), Feb. 10, 1996,

110 Stat. 702; Pub. L. 104-316, title I, Sec. 122(s), Oct. 19,

1996, 110 Stat. 3838; Pub. L. 105-388, Sec. 4(a), Nov. 13, 1998,

112 Stat. 3477; Pub. L. 106-291, title III, Sec. 335, Oct. 11,

2000, 114 Stat. 997; Pub. L. 106-469, title IV, Sec. 401, Nov. 9,

2000, 114 Stat. 2037.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(2)(D)(iii). Pub. L. 106-291 and Pub. L.

106-469 amended cl. (iii) identically, substituting "$10,000,000"

for "$750,000".

1998 - Subsec. (c). Pub. L. 105-388 substituted "on October 1,

2003" for "five years after the date procedures and methods are

established under subsection (b) of this section".

1996 - Subsec. (b)(3). Pub. L. 104-106 struck out at end

"Procedures developed by the board of contract appeals under this

paragraph shall be substantially equivalent to procedures

established under section 759(f) of title 40."

Subsec. (c). Pub. L. 104-316 struck out par. (1) designation

before "The authority to" and struck out par. (2) which required

Comptroller General of the United States to report annually for

five years on implementation of this section, including an

assessment of various energy issues.

1992 - Pub. L. 102-486 inserted subsec. (a) designation and

heading, designated existing provisions as par. (1), and added par.

(2) and subsecs. (b) and (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,

1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.

702.

ARCHITECT OF THE CAPITOL AS AGENCY ELECTING TO DEVELOP LIST OF

FIRMS QUALIFIED TO PROVIDE ENERGY SAVING SERVICES AND AS AGENCY

HEAD SELECTING FROM LIST

Pub. L. 103-211, title III, Sec. 402, Feb. 12, 1994, 108 Stat.

40, provided that: "The Architect of the Capitol shall be

considered the agency for the purposes of the election in section

801(b)(2)(B) of the National Energy Conservation Policy Act [42

U.S.C. 8287(b)(2)(B)] and the head of the agency for purposes of

subsection (b)(2)(C) of such section."

ENERGY EFFICIENCY INCENTIVE

Pub. L. 100-456, div. A, title VII, Sec. 736, Sept. 29, 1988, 102

Stat. 2006, as amended by Pub. L. 101-189, div. A, title III, Sec.

331, Nov. 29, 1989, 103 Stat. 1417, provided that:

"(a) Energy Conservation Incentive. - In order to provide

additional incentive for the Secretary of a military department to

enter into contracts under title VIII of the National Energy

Conservation Policy Act (42 U.S.C. 8287 et seq.), the Secretary may

use the energy cost savings realized by the United States during

the first five years under any such contract in the manner provided

in subsection (b). The amount of savings available for use under

subsection (b) shall be determined as provided in subsection (c)

and shall remain available for obligation until expended.

"(b) Authorized Uses of Savings. - The energy cost savings

realized by the United States in each of the first five years under

a contract may be used as follows:

"(1) One-half of the amount of such savings may be used for the

acquisition of energy conserving measures for military

installations, and such measures may be in addition to any such

energy conserving measures acquired for military installations

under contracts entered into under title VIII of the National

Energy Conservation Policy Act.

"(2) One-half of the amount of such savings may be used for any

morale, welfare, or recreation facility or service that is

normally provided with appropriated funds, or for any minor

military construction project (as defined in section 2805(a) of

title 10, United States Code), that will enhance the quality of

life of members of the Armed Forces at the military installation

at which the energy cost savings were realized.

"(c) Determination of Amount of Savings. - Not more than 90 days

after the end of each of the first five years during which energy

savings measures have been in operation under a contract entered

into by the Secretary of a military department under title VIII of

the National Energy Conservation Policy Act, the Secretary of the

military department concerned shall determine the amount of energy

cost savings realized by the United States under the terms of the

contract during that year by reason of the energy savings measures

acquired and installed at that installation pursuant to that

contract."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 40 section 591.

-End-

-CITE-

42 USC Sec. 8287a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE CONTRACTS

-HEAD-

Sec. 8287a. Payment of costs

-STATUTE-

Any amount paid by a Federal agency pursuant to any contract

entered into under this subchapter may be paid only from funds

appropriated or otherwise made available to the agency for fiscal

year 1986 or any fiscal year thereafter for the payment of energy

expenses (and related operation and maintenance expenses).

-SOURCE-

(Pub. L. 95-619, title VIII, Sec. 802, as added Pub. L. 99-272,

title VII, Sec. 7201(a), Apr. 7, 1986, 100 Stat. 142.)

-End-

-CITE-

42 USC Sec. 8287b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE CONTRACTS

-HEAD-

Sec. 8287b. Reports

-STATUTE-

Each Federal agency shall periodically furnish the Secretary of

Energy with full and complete information on its activities under

this subchapter, and the Secretary shall include in the report

submitted to Congress under section 8260 (!1) of this title a

description of the progress made by each Federal agency in -

(1) including the authority provided by this subchapter in its

contracting practices; and

(2) achieving energy savings under contracts entered into under

this subchapter.

-SOURCE-

(Pub. L. 95-619, title VIII, Sec. 803, as added Pub. L. 99-272,

title VII, Sec. 7201(a), Apr. 7, 1986, 100 Stat. 142.)

-REFTEXT-

REFERENCES IN TEXT

Section 8260 of this title, referred to in text, was omitted in

the general revision of part B (Sec. 8251 et seq.) of subchapter

III of this chapter by Pub. L. 100-615, Sec. 2(a), Nov. 5, 1988,

102 Stat. 3185.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 8287c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE CONTRACTS

-HEAD-

Sec. 8287c. Definitions

-STATUTE-

For purposes of this subchapter, the following definitions apply:

(1) The term "Federal agency" means each authority of the

Government of the United States, whether or not it is within or

subject to review by another agency.

(2) The term "energy savings" means a reduction in the cost of

energy, from a base cost established through a methodology set

forth in the contract, utilized in an existing federally owned

building or buildings or other federally owned facilities as a

result of -

(A) the lease or purchase of operating equipment,

improvements, altered operation and maintenance, or technical

services; or

(B) 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.

(3) The terms "energy savings contract" and "energy savings

performance contract" mean a contract which provides for the

performance of services for the design, acquisition,

installation, testing, operation, and, where appropriate,

maintenance and repair, of an identified energy conservation

measure or series of measures at one or more locations. Such

contracts -

(A) may provide for appropriate software licensing

agreements; and

(B) shall, with respect to an agency facility that is a

public building as such term is defined in section 3301(a)(5)

of title 40, be in compliance with the prospectus requirements

and procedures of section 3307 of title 40.

(4) The term "energy conservation measures" has the meaning

given such term in section 8259(4) of this title.

-SOURCE-

(Pub. L. 95-619, title VIII, Sec. 804, as added Pub. L. 99-272,

title VII, Sec. 7201(a), Apr. 7, 1986, 100 Stat. 143; amended Pub.

L. 102-486, title I, Sec. 155(b), Oct. 24, 1992, 106 Stat. 2855;

Pub. L. 105-388, Sec. 4(b), Nov. 13, 1998, 112 Stat. 3477.)

-COD-

CODIFICATION

In par. (3)(B), "section 3301(a)(5) of title 40" substituted for

"section 13(1) of the Public Buildings Act of 1959 (40 U.S.C.

612(1))" and "section 3307 of title 40" substituted for "section 7

of the Public Buildings Act of 1959 (40 U.S.C. 606)" on authority

of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-MISC1-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-388 amended par. (1) generally.

Prior to amendment, par. (1) read as follows: "The term 'Federal

agency' means an agency defined in section 551(1) of title 5."

1992 - Pub. L. 102-486, Sec. 155(b)(1), substituted "subchapter,

the following definitions apply:" for "subchapter - " in

introductory provisions

Par. (1). Pub. L. 102-486, Sec. 155(b)(2), substituted "The" for

"the" and a period for ", and" at end.

Par. (2). Pub. L. 102-486, Sec. 155(b)(3), substituted "The term"

for "the term".

Pars. (3), (4). Pub. L. 102-486, Sec. 155(b)(4), added pars. (3)

and (4).

-End-

-CITE-

42 USC Sec. 8287d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 91 - NATIONAL ENERGY CONSERVATION POLICY

SUBCHAPTER VII - ENERGY SAVINGS PERFORMANCE CONTRACTS

-HEAD-

Sec. 8287d. Assistance to Federal agencies in achieving energy

efficiency in Federal facilities and operations

-STATUTE-

The Secretary in fiscal year 1999 and thereafter, shall continue

the process begun in fiscal year 1998 of accepting funds from other

Federal agencies in return for assisting agencies in achieving

energy efficiency in Federal facilities and operations by the use

of privately financed, energy savings performance contracts and

other private financing mechanisms. The funds may be provided after

agencies begin to realize energy cost savings; may be retained by

the Secretary until expended; and may be used only for the purpose

of assisting Federal agencies in achieving greater efficiency,

water conservation and use of renewable energy by means of

privately financed mechanisms, including energy savings performance

contracts and utility incentive programs. These recovered funds

will continue to be used to administer even greater energy

efficiency, water conservation and use of renewable energy by means

of privately financed mechanisms such as utility efficiency service

contracts and energy savings performance contracts. The recoverable

funds will be used for all necessary program expenses, including

contractor support and resources needed, to achieve overall Federal

energy management program objectives for greater energy savings.

Any such privately financed contracts shall meet the provisions of

the Energy Policy Act of 1992, Public Law 102-486 regarding energy

savings performance contracts and utility incentive programs.

-SOURCE-

(Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998,

112 Stat. 2681-231, 2681-278.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Policy Act of 1992, referred to in text, is Pub. L.

102-486, Oct. 24, 1992, 106 Stat. 2776, as amended. For complete

classification of this Act to the Code, see Short Title note set

out under section 13201 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of Department of the Interior and

Related Agencies Appropriations Act, 1999, and also as part of the

Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999, and not as part of the National Energy Conservation Policy

Act which comprises this chapter.

-MISC1-

SIMILAR PROVISIONS

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1582.

-End-