Part B—Federal Energy Management
§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.
(
Editorial Notes
Amendments
1988—
Executive Documents
Executive Order No. 13123
Ex. Ord. No. 13123, June 3, 1999, 64 F.R. 30851, which directed the Federal Government to reduce greenhouse gas emissions, energy consumption, and water usage and required agencies to develop an annual implementation plan, to request funding necessary to achieve the goals of this order, and to make annual progress reports to the President, was revoked by Ex. Ord. No. 13423, §11(a)(ii), Jan. 24, 2007, 72 F.R. 3923, formerly set out in a note under
Ex. Ord. No. 13221. Energy Efficient Standby Power Devices
Ex. Ord. No. 13221, July 31, 2001, 66 F.R. 40571, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Energy Conservation Policy Act (
George W. Bush.
§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.
(
Editorial Notes
Amendments
1992—
1988—
§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 Year | Percentage Reduction |
|---|---|
| 2006 | 2 |
| 2007 | 4 |
| 2008 | 9 |
| 2009 | 12 |
| 2010 | 15 |
| 2011 | 18 |
| 2012 | 21 |
| 2013 | 24 |
| 2014 | 27 |
| 2015 | 30. |
(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
(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)
(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)
(A)
(B)
(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
(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 steps
The Secretary shall consult with the Secretary of Defense and the Administrator of General Services in developing guidelines for the implementation of this part. To meet the requirements of this section, each agency shall—
(1) prepare and submit to the Secretary, not later than December 31, 1993, a plan describing how the agency intends to meet such requirements, including how it will—
(A) designate personnel primarily responsible for achieving such requirements;
(B) identify high priority projects through calculation of payback periods;
(C) take maximum advantage of contracts authorized under subchapter VII of this chapter, of financial incentives and other services provided by utilities for efficiency investment, and of other forms of financing to reduce the direct costs to the Government; and
(D) otherwise implement this part;
(2) perform energy 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
(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
(5) ensure that the operation and maintenance procedures applied under this section are continued.
(e) Metering of energy and water use
(1) Deadline
By 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 general
Not 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 guidelines
The 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) Update
Not 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) Plan
Not later than 180 days after the date on which guidelines are updated under paragraph (2)(C), in a report submitted by the agency under
(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 general
Not 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) Components
The 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) Definitions
In this subsection:
(A) Commissioning
The 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 general
The 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) Inclusions
The 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 general
The 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) Inclusions
The 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) Exclusions
The 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-effective
The 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
(E) Ongoing commissioning
The 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 general
Subject 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 exceptions
The 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) Recommissioning
The 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) Retrocommissioning
The 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 general
Each 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 facilities
The 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 system
An 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) Evaluations
Except 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) Exceptions
An 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 general
Not 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 contracting
Each 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 measures
For 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 general
The 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 source
The 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 1 project size, and other criteria the Secretary determines are relevant.
(7) Web-based certification
(A) In general
For 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 general
Not 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 compliance
The 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 general
Subject 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) Exemptions
At 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 general
The 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 guidance
Not 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 disclosure
Each 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 general
The 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) Availability
The 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 appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection.
(B) Funding options
(i) In general
To 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 measure
A 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) Implementation
Each 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 construction
This subsection shall not be construed to require or to obviate any contractor savings guarantees.
(g) Large capital energy investments
(1) In general
Each 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 decisions
Not 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 report
Not 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) Definitions
In this subsection:
(A) Director
The term "Director" means the Director of the Office of Management and Budget.
(B) Information technology
The term "information technology" has the meaning given that term in
(2) Development of implementation strategy
Not 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) Administration
In 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 general
Not 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 practices
The Chief Information Officers Council established under
(i) energy savings performance contracting; and
(ii) utility energy services contracting.
(5) Reports
(A) Agency reports
Each Federal agency shall include in the report of the agency under
(B) OMB government efficiency reports and scorecards
Effective beginning not later than October 1, 2022, the Director shall include in the annual report and scorecard of the Director required under
(C) Use of existing reporting structures
The 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 general
The 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 Director
The 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 assistance
In 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
(iii) carry out the responsibilities of the Secretary under
(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 reporting
In 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
(II)
(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
(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
(C) Federal interagency coordination
In 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
(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 optimization
In 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 council
The 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 appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $36,000,000 for each of fiscal years 2021 through 2025.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (c)(1)(A)(iii), (f)(1)(F)(ii), and (i)(3)(A)(i), (B)(iii)(II), was in the original "this Act", meaning
The Energy Policy Act of 1992, referred to in subsec. (c)(1)(A)(iii), is
Amendments
2021—Subsec. (i)(1)(C).
Subsec. (i)(3)(A)(vii).
2020—
Subsec. (b).
Subsec. (b)(1), (2).
"(1) Not later than January 1, 2005, each agency shall, to the maximum extent practicable, install in Federal buildings owned by the United States all energy and water conservation measures with payback periods of less than 10 years, as determined by using the methods and procedures developed pursuant to
"(2) The Secretary may waive the requirements of this subsection for any agency for such periods as the Secretary may determine if the Secretary finds that the agency is taking all practicable steps to meet the requirements and that the requirements of this subsection will pose an unacceptable burden upon the agency. If the Secretary waives the requirements of this subsection, the Secretary shall, as part of the report required under
Subsec. (c)(1)(A).
Subsec. (c)(1)(A)(ii), (iii).
Subsec. (c)(1)(B)(i).
Subsec. (d)(2).
Subsec. (e).
Subsec. (e)(1).
Subsec. (e)(2)(A).
Subsec. (e)(2)(B).
Subsec. (e)(2)(C).
Subsec. (e)(3).
Subsec. (e)(4)(A).
Subsec. (e)(4)(B)(ii).
Subsec. (f)(1)(E) to (H).
Subsec. (f)(2)(A).
Subsec. (f)(2)(B).
Subsec. (f)(2)(C).
Subsec. (f)(3), (4).
Subsec. (f)(7)(B)(ii)(II).
Subsec. (f)(9)(A).
Subsec. (h).
Subsec. (i).
2012—Subsec. (e)(3), (4).
Subsec. (f).
Subsec. (f)(7)(A).
"(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)."
Subsec. (g).
2007—Subsec. (a)(1).
Subsec. (e)(1).
Subsec. (f).
2005—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (e).
1995—Subsec. (b)(2).
1992—
Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3) to (5).
1988—
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of
Reporting Baseline
Survey of Energy Saving Potential
1 So in original. A comma probably should appear.
§8254. Establishment and use of life cycle cost methods and procedures
(a) Establishment of life cycle cost methods and procedures
The Secretary, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, the Director of the National Institute of Standards and Technology, and the Administrator of the General Services Administration, shall—
(1) establish practical and effective present value methods for estimating and comparing life cycle costs for Federal buildings, using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of such system or during a period of 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 structures
The Secretary shall make available information to the public on the use of life cycle cost methods in the construction of buildings, structures, and facilities in all segments of the economy.
(
Editorial Notes
Amendments
2007—Subsec. (a)(1).
1992—Subsec. (a).
Subsec. (b)(2).
1988—
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
§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
(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 (
(
Editorial Notes
References in Text
The Energy Policy and Conservation Act, referred to in par. (2), is
Executive Order 12003, referred to in par. (2), is Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523 which amended Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, set out as a note under
Executive Order 12759, referred to in par. (2), is Ex. Ord. No. 12759, April 17, 1991, 56 F.R. 16257, which was set out as a note under
Amendments
1992—
1988—
1986—Subsec. (a)(2).
1980—Subsec. (a)(1).
§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
(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
(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
(G) succeeded in the implementation of the guidelines established under section 8262e 1 of this title.
(3) There is authorized to be appropriated to carry out this subsection not more than $250,000 for each of the fiscal years 1993, 1994, and 1995.
(e) Retention of energy and water savings
An 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
(
Editorial Notes
References in Text
Amendments
2007—Subsec. (c)(5).
"(5)(A) An amount equal to fifty percent of the energy and water cost savings realized by an agency (other than the Department of Defense) with respect to funds appropriated for any fiscal year beginning after fiscal year 1992 (including financial benefits resulting from energy savings performance contracts under subchapter VII of this chapter and utility energy efficiency rebates) shall, subject to appropriation, remain available for expenditure by such agency for additional energy efficiency measures which may include related employee incentive programs, particularly at those facilities at which energy savings were achieved.
"(B) Agencies shall establish a fund and maintain strict financial accounting and controls for savings realized and expenditures made under this subsection. Records maintained pursuant to this subparagraph shall be made available for public inspection upon request."
2005—Subsec. (e).
1992—Subsec. (a).
Subsec. (b).
Subsecs. (c), (d).
1988—
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
Energy Efficiency and Water Conservation Measures; Use of Rebates and Savings
"(a) Beginning in fiscal year 1996 and thereafter, for each Federal agency, except the Department of Defense (which has separate authority), and except as provided in
"(1) the amount of each utility rebate received by the agency for energy efficiency and water conservation measures, which the agency has implemented; and
"(2) the amount of the agency's share of the measured energy savings resulting from energy-savings performance contracts,
may be retained and credited to accounts that fund energy and water conservation activities at the agency's facilities, and shall remain available until expended for additional specific energy efficiency or water conservation projects or activities, including improvements and retrofits, facility surveys, additional or improved utility metering, and employee training and awareness programs, as authorized by section 152(f) of the Energy Policy Act (
"(b) The remaining 50 percent of each rebate, and the remaining 50 percent of the amount of the agency's share of savings from energy-savings performance contracts, shall be transferred to the General Fund of the Treasury at the end of the fiscal year in which received."
1 See References in Text note below.
§8257. Interagency Energy Management Task Force
(a) In general
To assist the interagency committee organized under
(b) Members
The Task Force shall be composed of the chief energy managers of agencies represented on the interagency committee organized under
(c) Duties
The Task Force shall meet when the Secretary requests, but not less often than twice a year, to—
(1) assess the progress of the various agencies in achieving energy savings;
(2) collect and disseminate information to agencies, States, local governments, and the public on effective survey techniques, innovative approaches to the efficient use of energy, incentive programs developed under
(3) coordinate energy surveys conducted by the agencies;
(4) develop options for use in conserving energy;
(5) report to the committee organized under
(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
(
Editorial Notes
Amendments
1988—
§8258. Reports
(a) Reports to Secretary
Each agency shall transmit a report to the Secretary, at times specified by the Secretary but at least annually, with complete information on its activities under this part, including information on—
(1) the agency's progress in achieving the goals established by
(2) the procedures being used by the agency pursuant to
(b) Reports to the President and Congress
The Secretary shall report, not later than April 2 of each year, with respect to each fiscal year beginning after November 5, 1988, to the 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
(B) the information required under section 8253(b)(2) 1 of this title; and
(C) a statement detailing the amount of funds awarded to each agency under
(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
(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 report
The Secretary, in consultation with the Administrator of General Services, shall—
(1) conduct a study and evaluate legal, institutional, and other constraints to connecting buildings owned or leased by the Federal Government to district heating and district cooling systems; and
(2) not later than 18 months after October 24, 1992, transmit to the Congress a report containing the findings and conclusions of such study, including recommendations for the development of streamlined processes for the consideration of connecting buildings owned or leased by the Federal Government to district heating and cooling systems.
(
Editorial Notes
References in Text
Amendments
2020—Subsec. (b)(5).
2007—Subsec. (a)(2).
2005—Subsec. (b).
1995—Subsec. (b)(1).
Subsec. (b)(4).
1992—Subsec. (a)(2).
Subsec. (b).
Subsec. (b)(1).
Subsec. (c).
1988—
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 16th item on page 89 identifies a reporting provision which, as subsequently amended, is contained in subsec. (b) of this section), see section 3003 of
1 See References in Text note below.
§8258a. Demonstration of new technology
(a) Demonstration program
Not later than January 1, 1994, the Secretary, in cooperation with the Administrator of General Services, shall establish a demonstration program to install, in federally owned facilities or federally assisted housing, energy conservation measures for which the Secretary has determined that such installation would accelerate commercial viability. In those cases where technologies are determined to be equivalent, priority shall be given to those technologies that have received or are receiving Federal financial assistance.
(b) Selection criteria
In addition to the determination under subsection (a), the Secretary shall select, in cooperation with the Administrator of General Services, proposals to be funded under this section on the basis of—
(1) cost-effectiveness;
(2) technical feasibility and system reliability in a working environment;
(3) lack of market penetration in the Federal sector;
(4) the potential needs of the proposing Federal agency for the technology, projected over 5 to 10 years;
(5) the potential Federal sector market, projected over 5 to 10 years;
(6) energy efficiency; and
(7) other environmental benefits, including the projected reduction of greenhouse gas emissions and indoor air pollution.
(c) Proposals
Federal agencies may submit to the Secretary, for each fiscal year, proposals for projects to be funded by the Secretary under this section. Each such proposal shall include—
(1) a description of the proposed project emphasizing the innovative use of technology in the Federal sector;
(2) a description of the technical reliability and cost-effectiveness data expected to be acquired;
(3) an identification of the potential needs of the Federal agency for the technology;
(4) a commitment to adopt the technology, if the project establishes its technical reliability and life cycle cost-effectiveness, to supply at least 10 percent of the Federal agency's potential needs identified under paragraph (3);
(5) schedules and milestones for installing additional units; and
(6) a technology transfer plan to publicize the results of the project.
(d) Participation by GSA
The Secretary may only select a project for funding under this section which is proposed to be carried out in a building under the jurisdiction of the General Services Administration if the project will be carried out by the Administrator of General Services. If such project involves a total expenditure in excess of $1,600,000, no appropriation shall be made for such project unless such project has been approved by a resolution adopted by the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate.
(e) Study
The Secretary shall conduct a study to evaluate the potential use of the purchasing power of the Federal Government to promote the development and commercialization of energy efficient products. The study shall identify products for which there is a high potential for Federal purchasing power to substantially promote their development and commercialization, and shall include a plan to develop such potential. The study shall be conducted in consultation with utilities, manufacturers, and appropriate nonprofit organizations concerned with energy efficiency. The Secretary shall report to the Congress on the results of the study not later than two years after October 24, 1992.
(f) Authorization of appropriations
There are authorized to be appropriated to the Secretary for carrying out this section $5,000,000 for each of the fiscal years 1993, 1994, and 1995.
(
Editorial Notes
Prior Provisions
A prior section 549 of
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of
§8258b. Survey of energy saving potential
(a) In general
The Secretary shall, in consultation with the Interagency Energy Management Task Force established under
(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
(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
(c) Personnel
(1) In carrying out this section, the Secretary shall utilize personnel who are—
(A) employees of the Department of Energy; or
(B) selected by the agencies utilizing the buildings which are being surveyed under this section.
(2) Such personnel shall be detailed for the purpose of carrying out this section without any reduction of salary or benefits.
(d) Report
As soon as practicable after the completion of the project carried out under this section, the Secretary shall transmit a report of the findings and conclusions of the project to the Committee on Energy and Natural Resources and the Committee on Governmental Affairs of the Senate, the Committee on Energy and Commerce, the Committee on Government Operations, and the Committee on Public Works and Transportation of the House of Representatives, and the agencies who own the buildings involved in such project. Such report shall include an analysis of the probability of each agency achieving each of the energy reduction goals established under
(
Editorial Notes
Prior Provisions
A prior section 550 of
Amendments
2005—Subsec. (d).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of
§8259. Definitions
For the purposes of this part—
(1) the term "agency" has the meaning given it in
(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
(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.
(
Editorial Notes
Prior Provisions
A prior section 551 of
Amendments
2020—Par. (4).
1998—Par. (8).
1988—
§8259a. Energy and water savings measures in congressional buildings
(a) In general
The 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
(2) shall submit the plan to Congress, not later than 180 days after August 8, 2005.
(b) Plan requirements
The 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 report
The 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.
(
§8259b. Federal procurement of energy efficient products
(a) Definitions
In this section:
(1) Agency
The term "agency" has the meaning given that term in
(2) Energy Star product
The term "Energy Star product" means a product that is rated for energy efficiency under an Energy Star program.
(3) Energy Star program
The term "Energy Star program" means the program established by
(4) FEMP designated product
The 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) Product
The 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) Requirement
To 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) Exceptions
The 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 planning
The 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 catalogs
Energy 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 product
In 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 requirement
Subject 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) Limitation
The 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 products
The 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) Regulations
Not later than 180 days after August 8, 2005, the Secretary shall issue guidelines to carry out this section.
(
Editorial Notes
Amendments
2007—Subsec. (b)(1).
Subsec. (c).
Subsecs. (e), (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by
Catalogue Listing Deadline
§§8260, 8261. Omitted
Editorial Notes
Codification
Sections 8260 and 8261 were omitted in the general amendment of this part by
Section 8260,
Section 8261,
§8262. Definitions
For purposes of this subtitle— 1
(1) the term "agency" means 2 has the meaning given such term in
(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
(5) the term "energy conservation measures" has the meaning given such term in
(
Editorial Notes
References in Text
This subtitle, referred to in text, is subtitle F (§§151–168) of title I of
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
1 See References in Text note below.
2 So in original. The word "means" probably should not appear.
§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.1
(
Editorial Notes
References in Text
This subtitle, referred to in text, is subtitle F (§§151–168) of title I of
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of
1 See References in Text note below.
§8262b. Intergovernmental energy management planning and coordination
(a) Conference workshops
The Administrator of General Services, in consultation with the Secretary and the Task Force, shall hold regular, biennial conference workshops in each of the 10 standard Federal regions on energy management, conservation, efficiency, and planning strategy. The Administrator shall work and consult with the Department of Energy and other Federal agencies to plan for particular regional conferences. The Administrator shall invite Department of Energy, State, local, tribal, and county public officials who have responsibilities for energy management or may have an interest in such conferences and shall seek the input of, and be responsive to, the views of such officials in the planning and organization of such workshops.
(b) Focus of workshops
Such workshops and conferences shall focus on the following (but may include other topics):
(1) Developing strategies among Federal, State, tribal, and local governments to coordinate energy management policies and to maximize available intergovernmental energy management resources within the region regarding the use of governmental facilities and buildings.
(2) The design, construction, maintenance, and retrofitting of governmental facilities to incorporate energy efficient techniques.
(3) Procurement and use of energy efficient products.
(4) Dissemination of energy information on innovative programs, technologies, and methods which have proven successful in government.
(5) Technical assistance to design and incorporate effective energy management strategies.
(c) Establishment of workshop timetable
As a part of the first report to be submitted pursuant to
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
§8262c. Federal agency energy management training
(a) Energy management training
(1) Each executive department described under
(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
(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
(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 Congress
Each 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
(
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (b)(1)(B), is set out under
This Act, referred to in subsec. (c)(1)(C), is
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
§8262d. Energy audit teams
(a) Establishment
The Secretary shall assemble from existing personnel with appropriate expertise, and with particular utilization of the national laboratories, and make available to all Federal agencies, one or more energy audit teams which shall be equipped with instruments and other advanced equipment needed to perform energy audits of Federal facilities.
(b) Monitoring programs
The Secretary shall also assist in establishing, at each site that has utilized an energy audit team, a program for monitoring the implementation of energy efficiency improvements based upon energy audit team recommendations, and for recording the operating history of such improvements.
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
§8262e. Federal energy cost accounting and management
(a) Guidelines
Not later than 120 days after October 24, 1992, the Director of the Office of Management and Budget, in cooperation with the Secretary, the Administrator of General Services, and the Secretary of Defense, shall establish guidelines to be employed by each Federal agency to assess accurate energy consumption for all buildings or facilities which the agency owns, operates, manages or leases, where the Government pays utilities separate from the lease and the Government operates the leased space. Such guidelines are to be used in reports required under
(b) Contents of guidelines
Such guidelines shall include the establishment of a monitoring system to determine—
(1) which facilities are the most costly to operate when measured on an energy consumption per square foot basis or other relevant analytical basis;
(2) unusual or abnormal changes in energy consumption; and
(3) the accuracy of utility charges for electric and gas consumption.
(c) Federally leased space energy reporting requirement
The Administrator of General Services shall include, in each report submitted under
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
§8262f. Inspector General review and agency accountability
(a) Audit survey
Not later than 120 days after October 24, 1992, each Inspector General created to conduct and supervise audits and investigations relating to the programs and operations of the establishments listed in
(1) identify agency compliance activities to meet the requirements of section 543 of the National Energy Conservation Policy Act (
(2) determine if the agency has the internal accounting mechanisms necessary to assess the accuracy and reliability of energy consumption and energy cost figures required under such section.
(b) President's Council on Integrity and Efficiency report to Congress
Not later than 150 days after October 24, 1992, the President's Council on Integrity and Efficiency shall submit a report to the Committee on Energy and Natural Resources and the Committee on Governmental Affairs of the Senate, the Committee on Energy and Commerce, the Committee on Government Operations, and the Committee on Public Works and Transportation of the House of Representatives, on the review conducted by the Inspector General of each agency under this section.
(c) Inspector General review
Each Inspector General established under
(
Editorial Notes
References in Text
The National Energy Conservation Policy Act, referred to in subsecs. (a)(1) and (c), is
This subtitle, referred to in subsec. (c), is subtitle F (§§151–168) of title I of
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
Amendments
2022—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of
1 See References in Text note below.
§8262g. Procurement and identification of energy efficient products
(a) Procurement
The Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency, each shall undertake a program to include energy efficient products in carrying out their procurement and supply functions.
(b) Identification program
The Administrator of General Services, the Secretary of Defense, and the Director of the Defense Logistics Agency, in consultation with the Secretary of Energy, each shall implement, in conjunction with carrying out their procurement and supply functions, a program to identify and designate those energy efficient products that offer significant potential savings, using, to the extent practicable, the life cycle cost methods and procedures developed under
(c) Guidelines
The Administrator for Federal Procurement Policy, in consultation with the Administrator of General Services, the Secretary of Energy, the Secretary of Defense, and the Director of the Defense Logistics Agency, shall issue guidelines to encourage the acquisition and use by all Federal agencies of products identified pursuant to this section. The Secretary of Defense and the Director of the Defense Logistics Agency shall consider, and place emphasis on, the acquisition of such products as part of the Agency's ongoing review of military specifications.
(d) Report to Congress
Not later than December 31 of 1993 and thereafter as part of the report required under
(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
(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).
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
Amendments
1995—Subsec. (d).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 12th item on page 85 identifies a reporting provision which, as subsequently amended, is contained in subsec. (d) of this section), see section 3003 of
Executive Documents
Executive Order No. 12845
Ex. Ord. No. 12845, Apr. 21, 1993, 58 F.R. 21887, which required Federal agencies to procure computer equipment that met EPA Energy Star requirements for energy efficiency, was revoked by Ex. Ord. No. 13123, §604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under
§8262h. United States Postal Service energy regulations
(a) In general
The Postmaster General shall issue regulations to ensure the reliable and accurate accounting of energy consumption costs for all buildings or facilities which it owns, leases, operates, or manages. Such regulations shall—
(1) establish a monitoring system to determine which facilities are the most costly to operate on an energy consumption per square foot basis or other relevant analytical basis;
(2) identify unusual or abnormal changes in energy consumption; and
(3) check the accuracy of utility charges for electricity and gas consumption.
(b) Identification of energy efficiency products
The Postmaster General shall actively undertake a program to identify and procure energy efficiency products for use in its facilities. In carrying out this subsection, the Postmaster General shall, to the maximum extent practicable, incorporate energy efficient information available on Federal Supply Schedules maintained by the General Services Administration and the Defense Logistics Agency.
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
United States Postal Service Building Energy Survey and Report
§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
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Abolition of House Committee on Post Office and Civil Service
Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service treated as referring to Committee on Government Reform and Oversight of House of Representatives, see section 1(b) of
§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
(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
(b) Implementation steps
In carrying 1 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
(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
(4) ensure that the operation and maintenance procedures applied under this section are continued.
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
1 So in original. Probably should be followed by the word "out".
§8262k. Government contract incentives
(a) Establishment of criteria
Each agency, in consultation with the Federal Acquisition Regulatory Council, shall establish criteria for the improvement of energy efficiency in Federal facilities operated by Federal Government contractors or subcontractors.
(b) Purpose of criteria
The criteria established under subsection (a) 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.
(
Editorial Notes
Codification
Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.