USC Subchapter III

in effect

42 U.S.C. § 8241 Definitions

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 subparagraphs (B) through (I) 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.

42 U.S.C. § 8242 Federal solar program

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.

42 U.S.C. § 8243 Duties of Secretary

(a) DutiesIn 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 proposalsProposals under paragraph (1)(A) of subsection (a) 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 proposalsUnder the requirements established under subsection (a)(1)(A), initial proposals for the installation of solar energy equipment in Federal buildings selected under subsection (a)(1)(A) shall be submitted not later than 180 days after the date of promulgation of the rule under subsection (a)(1). (d) Program to disseminate information to Federal procurement and loan officersIn 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.

42 U.S.C. § 8244 Authorization of appropriations

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.

42 U.S.C. § 8251 Findings

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.

42 U.S.C. § 8252 Purpose

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.

42 U.S.C. § 8253 Energy and water management requirements

(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, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2015 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table: Fiscal YearPercentage Reduction 20062 20074 20089 200912 201015 201118 201221 201324 201427 201530. (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. (3) Not later than December 31, 2014, the Secretary shall review the results of the implementation of the energy performance requirement established under paragraph (1) and submit to Congress recommendations concerning energy performance requirements for fiscal years 2016 through 2025. (b) Energy and water management requirement for Federal agencies(1) In general.—Each agency shall—(A) not later than October 1, 2022, to the maximum extent practicable, begin installing in Federal buildings owned by the United States all energy and water conservation measures determined by the Secretary to be life cycle cost-effective (as defined in subsection (f)(1)); and (B) complete the installation described in subparagraph (A) as soon as practicable after the date referred to in that subparagraph. (2) Explanation of noncompliance.—(A) In general.—If an agency fails to comply with paragraph (1), the agency shall submit to the Secretary, using guidelines developed by the Secretary, an explanation of the reasons for the failure. (B) Report to Congress.—Not later than January 1, 2022, and every 2 years thereafter, the Secretary shall submit to Congress a report that describes any noncompliance by an agency with the requirements of paragraph (1). (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)(A) The head of each agency may exclude, from the energy or water performance requirement for a fiscal year established under subsection (a) and the energy or water management requirement established under subsection (b), any Federal building or collection of Federal buildings, if the head of the agency finds that—(i) compliance with those requirements would be impracticable; (ii) the agency has completed and submitted all federally required energy or water management reports; (iii) the agency has achieved compliance with the energy or water efficiency requirements of this chapter, the Energy Policy Act of 1992, Executive orders, and other Federal law; and (iv) the agency has implemented all practicable, life cycle cost-effective projects with respect to the Federal building or collection of Federal buildings to be excluded. (B) A finding of impracticability under subparagraph (A)(i) shall be based on—(i) the energy or water intensiveness of activities carried out in the Federal building or collection of Federal buildings; or (ii) the fact that the Federal building or collection of Federal buildings is used in the performance of a national security function. (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 standards for exclusion set forth in paragraph (1), and may within 90 days after receipt of the findings, reverse the exclusion. In the case of any such reversal, the agency shall comply with the requirements of subsections (a) and (b)(1) for the building concerned. (3) Not later than 180 days after August 8, 2005, the Secretary shall issue guidelines that establish criteria for exclusions under paragraph (1). (d) Implementation stepsThe 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 and water 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. (e) Metering of energy and water use(1) DeadlineBy October 1, 2022, in accordance with guidelines established by the Secretary under paragraph (2), all Federal buildings shall, for the purposes of efficient use of energy and water and reduction in the cost of electricity and water used in such buildings, be metered. Each agency shall use, to the maximum extent practicable, advanced meters or advanced metering devices that provide data at least daily and that measure at least hourly consumption of electricity and water in the Federal buildings of the agency. Not later than October 1, 2016, each agency shall provide for equivalent metering of natural gas and steam, in accordance with guidelines established by the Secretary under paragraph (2). Such data shall be incorporated into existing Federal energy and water tracking systems and made available to Federal facility managers. (2) Guidelines(A) In generalNot later than 180 days after August 8, 2005, the Secretary, in consultation with the Department of Defense, the General Services Administration, representatives from the metering industry, utility industry, energy services industry, energy efficiency industry, energy efficiency advocacy organizations, national laboratories, universities, Federal facility managers, and any other person the Secretary deems necessary, shall establish guidelines for agencies to carry out paragraph (1). (B) Requirements for guidelinesThe guidelines shall—(i) take into consideration—(I) the cost of metering and the reduced cost of operation and maintenance expected to result from metering; (II) the extent to which metering is expected to result in increased potential for energy and water management, increased potential for energy and water savings and energy and water efficiency improvement, and cost and energy and water savings due to utility contract aggregation; and (III) the measurement and verification protocols of the Department of Energy; (ii) include recommendations concerning the amount of funds and the number of trained personnel necessary to gather and use the metering information to track and reduce energy and water use; (iii) establish priorities for types and locations of buildings to be metered based on cost-effectiveness and a schedule of one or more dates, not later than 1 year after the date of issuance of the guidelines, on which the requirements specified in paragraph (1) shall take effect; and (iv) establish exclusions from the requirements specified in paragraph (1) based on the de minimis quantity of energy and water use of a Federal building, industrial process, or structure. (C) UpdateNot later than 180 days after December 27, 2020, the Secretary shall update the guidelines established under subparagraph (A) to take into account water efficiency requirements under this section. (3) PlanNot later than 180 days after the date on which guidelines are updated under paragraph (2)(C), in a report submitted by the agency under section 8258(a) of this title, each agency shall submit to the Secretary a plan describing the manner in which the agency will implement the requirements of paragraph (1), including—(A) how the agency will designate personnel primarily responsible for achieving the requirements; and (B) a demonstration by the agency, complete with documentation, of any finding that advanced meters or advanced metering devices (as those terms are used in paragraph (1)), are not practicable. (4) Best practices report(A) In generalNot later than 180 days after December 27, 2020, the Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of General Services, shall develop, and issue a report on, best practices for the use of advanced metering of energy and water use in Federal facilities, buildings, and equipment by Federal agencies. (B) ComponentsThe report shall include, at a minimum—(i) summaries and analysis of the reports by agencies under paragraph (3); (ii) recommendations on standard requirements or guidelines for automated energy and water management systems, including—(I) potential common communications standards to allow data sharing and reporting; (II) means of facilitating continuous commissioning of buildings and evidence-based maintenance of buildings and building systems; and (III) standards for sufficient levels of security and protection against cyber threats to ensure systems cannot be controlled by unauthorized persons; and (iii) an analysis of—(I) the types of advanced metering and monitoring systems being piloted, tested, or installed in Federal buildings; and (II) existing techniques used within the private sector or other non-Federal government buildings. (f) Use of energy and water efficiency measures in Federal buildings(1) DefinitionsIn this subsection:(A) CommissioningThe term “commissioning”, with respect to a facility, means a systematic process—(i) of ensuring, using appropriate verification and documentation, during the period beginning on the initial day of the design phase of the facility and ending not earlier than 1 year after the date of completion of construction of the facility, that all facility systems perform interactively in accordance with—(I) the design documentation and intent of the facility; and (II) the operational needs of the owner of the facility, including preparation of operation personnel; and (ii) the primary goal of which is to ensure fully functional systems that can be properly operated and maintained during the useful life of the facility. (B) Energy manager(i) In generalThe term “energy manager”, with respect to a facility, means the individual who is responsible for—(I) ensuring compliance with this subsection by the facility; and (II) reducing energy use at the facility. (ii) InclusionsThe term “energy manager” may include—(I) a contractor of a facility; (II) a part-time employee of a facility; and (III) an individual who is responsible for multiple facilities. (C) Facility(i) In generalThe term “facility” means any building, installation, structure, or other property (including any applicable fixtures) owned or operated by, or constructed or manufactured and leased to, the Federal Government. (ii) InclusionsThe term “facility” includes—(I) a group of facilities at a single location or multiple locations managed as an integrated operation; and (II) contractor-operated facilities owned by the Federal Government. (iii) ExclusionsThe term “facility” does not include any land or site for which the cost of utilities is not paid by the Federal Government. (D) Life cycle cost-effectiveThe term “life cycle cost-effective”, with respect to a measure, means a measure, the estimated savings of which exceed the estimated costs over the lifespan of the measure, as determined in accordance with section 8254 of this title. (E) Ongoing commissioningThe term “ongoing commissioning” means an ongoing process of commissioning using monitored data, the primary goal of which is to ensure continuous optimum performance of a facility, in accordance with design or operating needs, over the useful life of the facility, while meeting facility occupancy requirements. (F) Payback period(i) In generalSubject to clause (ii), the term “payback period”, with respect to a measure, means a value equal to the quotient obtained by dividing—(I) the estimated initial implementation cost of the measure (other than financing costs); by (II) the annual cost savings resulting from the measure, including—(aa) net savings in estimated energy and water costs; and (bb) operations, maintenance, repair, replacement, and other direct costs. (ii) Modifications and exceptionsThe Secretary, in guidelines issued pursuant to paragraph (6), may make such modifications and provide such exceptions to the calculation of the payback period of a measure as the Secretary determines to be appropriate to achieve the purposes of this chapter. (G) RecommissioningThe term “recommissioning” means a process—(i) of commissioning a facility or system beyond the project development and warranty phases of the facility or system; and (ii) the primary goal of which is to ensure optimum performance of a facility, in accordance with design or current operating needs, over the useful life of the facility, while meeting building occupancy requirements. (H) RetrocommissioningThe term “retrocommissioning” means a process of commissioning a facility or system that was not commissioned at the time of construction of the facility or system. (2) Facility energy managers(A) In generalEach Federal agency shall designate an energy manager responsible for implementing this subsection and reducing energy and water use at each facility that meets criteria under subparagraph (B). (B) Covered facilitiesThe Secretary shall develop criteria, after consultation with affected agencies, efficiency advocates, and energy and utility service providers, that cover, at a minimum, Federal facilities, including central utility plants and distribution systems and other energy intensive operations, that constitute at least 75 percent of facility energy or water use at each agency. (C) Energy management systemAn energy manager designated for a facility under subparagraph (A) shall take into consideration—(i) the use of a system to manage energy and water use at the facility; and (ii) the applicability of the certification of the facility in accordance with the International Organization for Standardization standard numbered 50001 and entitled “Energy Management Systems”. (3) Energy and water evaluations and commissioning(A) EvaluationsExcept as provided in subparagraph (B), not later than the date that is 180 days after December 27, 2020, and annually thereafter, each energy manager shall complete, for the preceding calendar year, a comprehensive energy and water evaluation and recommissioning or retrocommissioning for approximately 25 percent of the facilities of the applicable agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is completed not less frequently than once every 4 years. (B) ExceptionsAn evaluation and recommissioning or retrocommissioning shall not be required under subparagraph (A) with respect to a facility that, as of the date on which the evaluation and recommissioning or retrocommissioning would occur—(i) has had a comprehensive energy and water evaluation during the preceding 8-year period; (ii)(I) has been commissioned, recommissioned, or retrocommissioned during the preceding 10-year period; or (II) is under ongoing commissioning, recommissioning, or retrocomissioning; (iii) has not had a major change in function or use since the previous evaluation and recommissioning or retrocommissioning; (iv) has been benchmarked with public disclosure under paragraph (8) during the preceding calendar year; and (v)(I) based on the benchmarking described in clause (iv), has achieved at a facility level the most recent cumulative energy savings target under subsection (a) compared to the earlier of—(aa) the date of the most recent evaluation; or (bb) the date—(AA) of the most recent commissioning, recommissioning, or retrocommissioning; or (BB) on which ongoing commissioning began; or (II) has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I). (4) Implementation of identified energy and water efficiency measures(A) In generalNot later than 2 years after the date of completion of each evaluation under paragraph (3), each energy manager shall implement any energy- or water-saving measure that—(i) the Federal agency identified in the evaluation; and (ii) is life cycle cost-effective, as determined by evaluating an individual measure or a bundle of measures with varying paybacks. (B) Performance contractingEach Federal agency shall use performance contracting to address at least 50 percent of the measures identified under subparagraph (A)(i). (5) Follow-up on implemented measuresFor each measure implemented under paragraph (4), each energy manager shall ensure that—(A) equipment, including building and equipment controls, is fully commissioned at acceptance to be operating at design specifications; (B) a plan for appropriate operations, maintenance, and repair of the equipment is in place at acceptance and is followed; (C) equipment and system performance is measured during its entire life to ensure proper operations, maintenance, and repair; and (D) energy and water savings are measured and verified. (6) Guidelines(A) In generalThe Secretary shall issue guidelines and necessary criteria that each Federal agency shall follow for implementation of—(i) paragraphs (2) and (3) not later than 180 days after December 19, 2007; and (ii) paragraphs (4) and (5) not later than 1 year after December 19, 2007. (B) Relationship to funding sourceThe guidelines issued by the Secretary under subparagraph (A) shall be appropriate and uniform for measures funded with each type of funding made available under paragraph (10), but may distinguish between different types of measures 11 So in original. A comma probably should appear. project size, and other criteria the Secretary determines are relevant. (7) Web-based certification(A) In generalFor each facility that meets the criteria established by the Secretary under paragraph (2)(B), the energy manager shall use the web-based tracking system under subparagraph (B)—(i) to certify compliance with the requirements for—(I) energy and water evaluations under paragraph (3); (II) implementation of identified energy and water measures under paragraph (4); and (III) follow-up on implemented measures under paragraph (5); and (ii) to publish energy and water consumption data on an individual facility basis. (B) Deployment(i) In generalNot later than 1 year after December 19, 2007, the Secretary shall develop and deploy a web-based tracking system required under this paragraph in a manner that tracks, at a minimum—(I) the covered facilities; (II) the status of meeting the requirements specified in subparagraph (A); (III) the estimated cost and savings for measures required to be implemented in a facility; (IV) the measured savings and persistence of savings for implemented measures; and (V) the benchmarking information disclosed under paragraph (8)(C). (ii) Ease of complianceThe Secretary shall ensure that energy manager compliance with the requirements in this paragraph, to the maximum extent practicable—(I) can be accomplished with the use of streamlined procedures and templates that minimize the time demands on Federal employees; and (II) is coordinated with other applicable energy and water reporting requirements. (C) Availability(i) In generalSubject to clause (ii), the Secretary shall make the web-based tracking system required under this paragraph available to Congress, other Federal agencies, and the public through the Internet. (ii) ExemptionsAt the request of a Federal agency, the Secretary may exempt specific data for specific facilities from disclosure under clause (i) for national security purposes. (8) Benchmarking of Federal facilities(A) In generalThe energy manager shall enter energy use data for each metered building that is (or is a part of) a facility that meets the criteria established by the Secretary under paragraph (2)(B) into a building energy use benchmarking system, such as the Energy Star Portfolio Manager. (B) System and guidanceNot later than 1 year after December 19, 2007, the Secretary shall—(i) select or develop the building energy use benchmarking system required under this paragraph for each type of building; and (ii) issue guidance for use of the system. (C) Public disclosureEach energy manager shall post the information entered into, or generated by, a benchmarking system under this subsection, on the web-based tracking system under paragraph (7)(B). The energy manager shall update such information each year, and shall include in such reporting previous years’ information to allow changes in building performance to be tracked over time. (9) Federal agency scorecards(A) In generalThe Director of the Office of Management and Budget shall issue semiannual scorecards for energy and water management activities carried out by each Federal agency that includes—(i) summaries of the status of implementing the various requirements of the agency and its energy managers under this subsection; and (ii) any other means of measuring performance that the Director considers appropriate. (B) AvailabilityThe Director shall make the scorecards required under this paragraph available to Congress, other Federal agencies, and the public through the Internet. (10) Funding and implementation(A) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this subsection. (B) Funding options(i) In generalTo carry out this subsection, a Federal agency may use any combination of—(I) appropriated funds made available under subparagraph (A); and (II) private financing otherwise authorized under Federal law, including financing available through energy savings performance contracts or utility energy service contracts. (ii) Combined funding for same measureA Federal agency may use any combination of appropriated funds and private financing described in clause (i) to carry out the same measure under this subsection. (C) ImplementationEach Federal agency may implement the requirements under this subsection itself or may contract out performance of some or all of the requirements. (11) Rule of constructionThis subsection shall not be construed to require or to obviate any contractor savings guarantees. (g) Large capital energy investments(1) In generalEach Federal agency shall ensure that any large capital energy investment in an existing building that is not a major renovation but involves replacement of installed equipment (such as heating and cooling systems), or involves renovation, rehabilitation, expansion, or remodeling of existing space, employs the most energy efficient designs, systems, equipment, and controls that are life-cycle cost effective. (2) Process for review of investment decisionsNot later than 180 days after December 19, 2007, each Federal agency shall—(A) develop a process for reviewing each decision made on a large capital energy investment described in paragraph (1) to ensure that the requirements of this subsection are met; and (B) report to the Director of the Office of Management and Budget on the process established. (3) Compliance reportNot later than 1 year after December 19, 2007, the Director of the Office of Management and Budget shall evaluate and report to Congress on the compliance of each agency with this subsection. (h) Federal implementation strategy for energy-efficient and energy-saving information technologies(1) DefinitionsIn this subsection:(A) DirectorThe term “Director” means the Director of the Office of Management and Budget. (B) Information technologyThe term “information technology” has the meaning given that term in section 11101 of title 40. (2) Development of implementation strategyNot later than 1 year after December 27, 2020, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies at or for facilities owned and operated by the Federal agency, taking into consideration the performance goals established under paragraph (4). (3) AdministrationIn developing an implementation strategy under paragraph (2), each Federal agency shall consider—(A) advanced metering infrastructure; (B) energy efficient data center strategies and methods of increasing asset and infrastructure utilization; (C) advanced power management tools; (D) building information modeling, including building energy management; (E) secure telework and travel substitution tools; and (F) mechanisms to ensure that the agency realizes the energy cost savings of increased efficiency and utilization. (4) Performance goals(A) In generalNot later than 180 days after December 27, 2020, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information technology at or for facilities owned and operated by the Federal agencies. (B) Best practicesThe Chief Information Officers Council established under section 3603 of title 44, shall recommend best practices for the attainment of the performance goals established under subparagraph (A), which shall include, to the extent applicable by law, consideration by a Federal agency of the use of—(i) energy savings performance contracting; and (ii) utility energy services contracting. (5) Reports(A) Agency reportsEach Federal agency shall include in the report of the agency under section 17143 of this title a description of the efforts and results of the agency under this subsection. (B) OMB government efficiency reports and scorecardsEffective beginning not later than October 1, 2022, the Director shall include in the annual report and scorecard of the Director required under section 17144 of this title a description of the efforts and results of Federal agencies under this subsection. (C) Use of existing reporting structuresThe Director may require Federal agencies to submit any information required to be submitted under this subsection though reporting structures in use as of December 27, 2020. (i) Federal Energy Management Program(1) In generalThe Secretary shall carry out a program, to be known as the “Federal Energy Management Program” (referred to in this subsection as the “Program”), to facilitate the implementation by the Federal Government of cost-effective energy and water management and energy-related investment practices—(A) to coordinate and strengthen Federal energy and water resilience; (B) to promote environmental stewardship; and (C) to reduce energy consumption during periods of unusually high electricity or natural gas demand. (2) Federal DirectorThe Secretary shall appoint an individual to serve as the director of the Program (referred to in this subsection as the “Federal Director”), which shall be a career position in the Senior Executive service, to administer the Program. (3) Program activities(A) Strategic planning and technical assistanceIn administering the Program, the Federal Director shall—(i) provide technical assistance and project implementation support and guidance to agencies to identify, implement, procure, and track energy and water conservation measures required under this chapter and under other provisions of law; (ii) in coordination with the Administrator of the General Services Administration, establish appropriate procedures, methods, and best practices for use by agencies to select, monitor, and terminate contracts entered into pursuant to a utility incentive program under section 8256(c) of this title with utilities; (iii) carry out the responsibilities of the Secretary under section 8287 of this title, as determined appropriate by the Secretary; (iv) establish and maintain internet-based information resources and project tracking systems and tools for energy and water management; (v) coordinate comprehensive and strategic approaches to energy and water resilience planning for agencies; (vi) establish a recognition program for Federal achievement in energy and water management, energy-related investment practices, environmental stewardship, and other relevant areas, through events such as individual recognition award ceremonies and public announcements; and (vii) promote the installation of demand-response technology and the use of demand-response practices in Federal buildings. (B) Energy and water management and reportingIn administering the Program, the Federal Director shall—(i) track and report on the progress of agencies in meeting the requirements of the agency under this section; (ii) make publicly available agency performance data required under—(I) this section and sections 8254, 8256, 8257, and 8258 of this title; and (II) section 15852 of this title; (iii)(I) collect energy and water use and consumption data from each agency; and (II) based on that data, submit to each agency a report that will facilitate the energy and water management, energy-related investment practices, and environmental stewardship of the agency in support of Federal goals under this chapter and under other provisions of law; (iv) carry out the responsibilities of the Secretary under section 6834 of this title; (v) in consultation with the Administrator of the General Services Administration, acting through the head of the Office of High-Performance Green Buildings, establish and implement sustainable design principles for Federal facilities; and (vi) designate products that meet the highest energy conservation standards for categories not covered under the Energy Star program established under section 6294a of this title. (C) Federal interagency coordinationIn administering the Program, the Federal Director shall—(i) develop and implement accredited training consistent with existing Federal programs and activities—(I) relating to energy and water use, management, and resilience in Federal facilities, energy-related investment practices, and environmental stewardship; and (II) that includes in-person training, internet-based programs, and national in-person training events; (ii) carry out the functions of the Secretary with respect to the Interagency Energy Management Task Force under section 8257 of this title; and (iii) report on the implementation of the priorities of the President, including Executive orders, relating to energy and water use in Federal facilities, in coordination with—(I) the Office of Management and Budget; (II) the Council on Environmental Quality; and (III) any other entity, as considered necessary by the Federal Director. (D) Facility and fleet optimizationIn administering the Program, the Federal Director shall develop guidance, supply assistance to, and track the progress of agencies—(i) in conducting portfolio-wide facility energy and water resilience planning and project integration; (ii) in building new construction and major renovations to meet the sustainable design and energy and water performance standards required under this section; (iii) in developing guidelines for—(I) facility commissioning; and (II) facility operations and maintenance; and (iv) in coordination with the Administrator of the General Services Administration, in meeting statutory and agency goals for Federal fleet vehicles. (4) Management councilThe Federal Director shall establish a management council to advise the Federal Director that shall—(A) convene not less frequently than once every quarter; and (B) consist of representatives from—(i) the Council on Environmental Quality; (ii) the Office of Management and Budget; and (iii) the Office of Federal High-Performance Green Buildings in the General Services Administration. (5) Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this subsection $36,000,000 for each of fiscal years 2021 through 2025.

42 U.S.C. § 8254 Establishment and use of life cycle cost methods and procedures

(a) Establishment of life cycle cost methods and proceduresThe 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 40 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). (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 structuresThe 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.

42 U.S.C. § 8255 Budget treatment for energy conservation measures

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).

42 U.S.C. § 8256 Incentives for agencies

(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. (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 11 See References in Text note below. 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. (e) Retention of energy and water savingsAn agency may retain any funds appropriated to that agency for energy expenditures, water expenditures, or wastewater treatment expenditures, at buildings subject to the requirements of section 8253(a) and (b) of this title, that are not made because of energy savings or water savings. Except as otherwise provided by law, such funds may be used only for energy efficiency, water conservation, or unconventional and renewable energy resources projects. Such projects shall be subject to the requirements of section 3307 of title 40.

42 U.S.C. § 8257 Interagency Energy Management Task Force

(a) In generalTo 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) MembersThe 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) DutiesThe 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.

42 U.S.C. § 8258 Reports

(a) Reports to SecretaryEach 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 and any termination penalty exposure, 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 the President and CongressThe Secretary shall report, not later than April 2 of each year, with respect to each fiscal year beginning after November 5, 1988, to the President and 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) 11 See References in Text note below. 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; (4) the information required under section 8262g(d) of this title; and (5)(A) the status of the energy savings performance contracts and utility energy service contracts of each agency, to the extent that the information is not duplicative of information provided to the Secretary under a separate authority; (B) the quantity and investment value of the contracts for the previous year; (C) the guaranteed energy savings, or for contracts without a guarantee, the estimated energy savings, for the previous year, as compared to the measured energy savings for the previous year; (D) a forecast of the estimated quantity and investment value of contracts anticipated in the following year for each agency; and (E)(i) a comparison of the information described in subparagraph (B) and the forecast described in subparagraph (D) in the report of the previous year; and (ii) if applicable, the reasons for any differences in the data compared under clause (i). (c) Other reportThe 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.

42 U.S.C. § 8258a Demonstration of new technology

(a) Demonstration programNot 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 criteriaIn addition to the determination under subsection (a), 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) ProposalsFederal 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 GSAThe 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) StudyThe 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 appropriationsThere 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.

42 U.S.C. § 8258b Survey of energy saving potential

(a) In generalThe 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) ReportAs 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 each of the energy reduction goals established under section 8253(a) of this title.

42 U.S.C. § 8259 Definitions

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, retrofit activities, or energy consuming devices and required support structures; (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.

42 U.S.C. § 8259a Energy and water savings measures in congressional buildings

(a) In generalThe Architect of the Capitol—(1) shall develop, update, and implement a cost-effective energy conservation and management plan (referred to in this section as the “plan”) for all facilities administered by Congress (referred to in this section as “congressional buildings”) to meet the energy performance requirements for Federal buildings established under section 8253(a)(1) of this title; and (2) shall submit the plan to Congress, not later than 180 days after August 8, 2005. (b) Plan requirementsThe plan shall include—(1) a description of the life cycle cost analysis used to determine the cost-effectiveness of proposed energy efficiency projects; (2) a schedule of energy surveys to ensure complete surveys of all congressional buildings every 5 years to determine the cost and payback period of energy and water conservation measures; (3) a strategy for installation of life cycle cost-effective energy and water conservation measures; (4) the results of a study of the costs and benefits of installation of submetering in congressional buildings; and (5) information packages and “how-to” guides for each Member and employing authority of Congress that detail simple, cost-effective methods to save energy and taxpayer dollars in the workplace. (c) Annual reportThe Architect of the Capitol shall submit to Congress annually a report on congressional energy management and conservation programs required under this section that describes in detail—(1) energy expenditures and savings estimates for each facility; (2) energy management and conservation projects; and (3) future priorities to ensure compliance with this section.

42 U.S.C. § 8259b Federal procurement of energy efficient products

(a) DefinitionsIn this section:(1) AgencyThe term “agency” has the meaning given that term in section 7902(a) of title 5. (2) Energy Star productThe term “Energy Star product” means a product that is rated for energy efficiency under an Energy Star program. (3) Energy Star programThe term “Energy Star program” means the program established by section 6294a of this title. (4) FEMP designated productThe term “FEMP designated product” means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for energy efficiency. (5) ProductThe term “product” does not include any energy consuming product or system designed or procured for combat or combat-related missions. (b) Procurement of energy efficient products(1) RequirementTo meet the requirements of an agency for an energy consuming product in a product category covered by the Energy Star program or the Federal Energy Management Program for designated products, the head of the agency shall, except as provided in paragraph (2), procure—(A) an Energy Star product; or (B) a FEMP designated product. (2) ExceptionsThe head of an agency is not required to procure an Energy Star product or FEMP designated product under paragraph (1) if the head of the agency finds in writing that—(A) an Energy Star product or FEMP designated product is not cost-effective over the life of the product taking energy cost savings into account; or (B) no Energy Star product or FEMP designated product is reasonably available that meets the functional requirements of the agency. (3) Procurement planningThe head of an agency shall incorporate into the specifications for all procurements involving energy consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria for energy efficiency that are consistent with the criteria used for rating Energy Star products and for rating FEMP designated products. (c) Listing of energy efficient products in Federal catalogsEnergy Star products and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration or the Defense Logistics Agency shall list in their catalogues, represent as available, and supply only Energy Star products or FEMP designated products for all product categories covered by the Energy Star program or the Federal Energy Management Program, except in cases in which the head of the agency ordering a product specifies in writing that no Energy Star product or FEMP designated product is available to meet the buyer’s functional requirements, or that no Energy Star product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy cost savings into account. (d) Specific products(1) In the case of electric motors of 1 to 500 horsepower, agencies shall select only premium efficient motors that meet a standard designated by the Secretary. The Secretary shall designate such a standard not later than 120 days after August 8, 2005, after considering the recommendations of associated electric motor manufacturers and energy efficiency groups. (2) All Federal agencies are encouraged to take actions to maximize the efficiency of air conditioning and refrigeration equipment, including appropriate cleaning and maintenance, including the use of any system treatment or additive that will reduce the electricity consumed by air conditioning and refrigeration equipment. Any such treatment or additive must be—(A) determined by the Secretary to be effective in increasing the efficiency of air conditioning and refrigeration equipment without having an adverse impact on air conditioning performance (including cooling capacity) or equipment useful life; (B) determined by the Administrator of the Environmental Protection Agency to be environmentally safe; and (C) shown to increase seasonal energy efficiency ratio (SEER) or energy efficiency ratio (EER) when tested by the National Institute of Standards and Technology according to Department of Energy test procedures without causing any adverse impact on the system, system components, the refrigerant or lubricant, or other materials in the system.Results of testing described in subparagraph (C) shall be published in the Federal Register for public review and comment. For purposes of this section, a hardware device or primary refrigerant shall not be considered an additive. (e) Federally-procured appliances with standby power(1) Definition of eligible productIn this subsection, the term “eligible product” means a commercially available, off-the-shelf product that—(A)(i) uses external standby power devices; or (ii) contains an internal standby power function; and (B) is included on the list compiled under paragraph (4). (2) Federal purchasing requirementSubject to paragraph (3), if an agency purchases an eligible product, the agency shall purchase—(A) an eligible product that uses not more than 1 watt in the standby power consuming mode of the eligible product; or (B) if an eligible product described in subparagraph (A) is not available, the eligible product with the lowest available standby power wattage in the standby power consuming mode of the eligible product. (3) LimitationThe requirements of paragraph (2) shall apply to a purchase by an agency only if—(A) the lower-wattage eligible product is—(i) lifecycle cost-effective; and (ii) practicable; and (B) the utility and performance of the eligible product is not compromised by the lower wattage requirement. (4) Eligible productsThe Secretary, in consultation with the Secretary of Defense, the Administrator of the Environmental Protection Agency, and the Administrator of General Services, shall compile a publicly accessible list of cost-effective eligible products that shall be subject to the purchasing requirements of paragraph (2). (f) RegulationsNot later than 180 days after August 8, 2005, the Secretary shall issue guidelines to carry out this section.

42 U.S.C. § 8262 Definitions

For purposes of this subtitle— 11 See References in Text note below. (1) the term “agency” means 22 So in original. The word “means” probably should not appear. 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.

42 U.S.C. § 8262a Report by General Services Administration

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.11 See References in Text note below.

42 U.S.C. § 8262b Intergovernmental energy management planning and coordination

(a) Conference workshopsThe 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 workshopsSuch 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 timetableAs 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.

42 U.S.C. § 8262c Federal agency energy management training

(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) 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) 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) 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 CongressEach department and agency listed in subsection (a)(1) 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.

42 U.S.C. § 8262d Energy audit teams

(a) EstablishmentThe 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 programsThe 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.

42 U.S.C. § 8262e Federal energy cost accounting and management

(a) GuidelinesNot 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 guidelinesSuch 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 requirementThe 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.

42 U.S.C. § 8262f Inspector General review and agency accountability

(a) Audit surveyNot 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 401(1) of title 5, and the Chief Postal Inspector of the United States Postal Service, in accordance with section 415(f) of title 5 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 CongressNot 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 reviewEach Inspector General established under section 402 of title 5 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,11 See References in Text note below. 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.

42 U.S.C. § 8262g Procurement and identification of energy efficient products

(a) ProcurementThe 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 programThe 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) GuidelinesThe 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 CongressNot 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). The report shall include—(1) the types and functions of each product identified under subsection (b), 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), 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); (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); (5) an estimate of the potential cost savings to the Federal Government from acquiring products identified under subsection (b) 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).

42 U.S.C. § 8262h United States Postal Service energy regulations

(a) In generalThe 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 productsThe 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.

42 U.S.C. § 8262i United States Postal Service energy management report

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.

42 U.S.C. § 8262j Energy management requirements for United States Postal Service

(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 stepsIn carrying 11 So in original. Probably should be followed by the word “out”. subsection (a), 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.

42 U.S.C. § 8262k Government contract incentives

(a) Establishment of criteriaEach 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 criteriaThe criteria established under subsection (a) 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.

42 U.S.C. § 8271 “Federal facility” and “Secretary” defined

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.

42 U.S.C. § 8272 Photovoltaic energy program

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.

42 U.S.C. § 8273 Purpose of program

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.

42 U.S.C. § 8274 Acquisition of systems

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.

42 U.S.C. § 8275 Administration

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.

42 U.S.C. § 8276 System evaluation and purchase program

(a) ProgramThe 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 procurementNothing 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)), except that any such Federal agency shall consult with the Secretary before procuring such a system.

42 U.S.C. § 8277 Advisory committee

(a) EstablishmentThere is hereby established an advisory committee to assist the Secretary in the establishment and conduct of the programs established under this part. (b) MembershipSuch 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) TerminationThe advisory committee shall terminate October 1, 1981.

42 U.S.C. § 8278 Authorization of appropriations

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.

42 U.S.C. § 8279 National Action Plan for Demand Response

(a) National Assessment and reportThe Federal Energy Regulatory Commission (“Commission”) shall conduct a National Assessment of Demand Response. The Commission shall, within 18 months of December 19, 2007, submit a report to Congress that includes each of the following:(1) Estimation of nationwide demand response potential in 5 and 10 year horizons, including data on a State-by-State basis, and a methodology for updates of such estimates on an annual basis. (2) Estimation of how much of this potential can be achieved within 5 and 10 years after December 19, 2007, accompanied by specific policy recommendations that if implemented can achieve the estimated potential. Such recommendations shall include options for funding and/or incentives for the development of demand response resources. (3) The Commission shall further note any barriers to demand response programs offering flexible, non-discriminatory, and fairly compensatory terms for the services and benefits made available, and shall provide recommendations for overcoming such barriers. (4) The Commission shall seek to take advantage of preexisting research and ongoing work, and shall insure that there is no duplication of effort. (b) National Action Plan on Demand ResponseThe Commission shall further develop a National Action Plan on Demand Response, soliciting and accepting input and participation from a broad range of industry stakeholders, State regulatory utility commissioners, and non-governmental groups. The Commission shall seek consensus where possible, and decide on optimum solutions to issues that defy consensus. Such Plan shall be completed within 1 year after the completion of the National Assessment of Demand Response, and shall meet each of the following objectives:(1) Identification of requirements for technical assistance to States to allow them to maximize the amount of demand response resources that can be developed and deployed. (2) Design and identification of requirements for implementation of a national communications program that includes broad-based customer education and support. (3) Development or identification of analytical tools, information, model regulatory provisions, model contracts, and other support materials for use by customers, States, utilities and demand response providers. (c) Implementation of PlanUpon completion, the National Action Plan on Demand Response shall be published, together with any favorable and dissenting comments submitted by participants in its preparation. Six months after publication, the Commission, together with the Secretary of Energy, shall submit to Congress a proposal to implement the Action Plan, including specific proposed assignments of responsibility, proposed budget amounts, and any agreements secured for participation from State and other participants. (d) AuthorizationThere are authorized to be appropriated to the Commission to carry out this section not more than $10,000,000 for each of the fiscal years 2008, 2009, and 2010.