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10 U.S.C. § 2915 — Facilities: use of renewable forms of energy and energy efficient products
Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of Renewable Forms of Energy Encouraged.—** The Secretary of Defense shall encourage the use of energy systems using solar energy or other renewable forms of energy as a source of energy for military construction projects (including military family housing projects) and facility repairs and renovations where use of such form of energy is consistent with the energy performance goals and energy performance master plan for the Department of Defense developed under [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim) and supported by the special considerations specified in subsection (e) of such section.
**(b) Consideration During Design Phase of Projects.—**
(1) The Secretary concerned shall require that the design for the construction, repair, or renovation of facilities (including family housing and back-up power generation facilities) requires consideration of energy systems using solar energy or other renewable forms of energy when use of a renewable form of energy—
(A) is consistent with the energy performance goals and energy performance master plan for the Department of Defense developed under [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim); and
(B) supported by the special considerations specified in subsection (e) of such section.
(2) The Secretary concerned shall require that contracts for construction resulting from such design include a requirement that energy systems using solar energy or other renewable forms of energy be installed if such systems can be shown to be cost effective.
**(c) Determination of Cost Effectiveness.—**
(1) For the purposes of this section, an energy syst
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Source file: Laws/federal/codes/united-states-code/title-10/section-2915-facilities-use-of-renewable-forms-of-energy-and-energy-efficient-product--350351d697.md
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Source location: Title 10, Chapter 173, § 2915; chapter-173-energy-security.md
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**(a) Use of Renewable Forms of Energy Encouraged.—** The Secretary of Defense shall encourage the use of energy systems using solar energy or other renewable forms of energy as a source of energy for military construction projects (including military family housing projects) and facility repairs and renovations where use of such form of energy is consistent with the energy performance goals and energy performance master plan for the Department of Defense developed under [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim) and supported by the special considerations specified in subsection (e) of such section.
**(b) Consideration During Design Phase of Projects.—**
(1) The Secretary concerned shall require that the design for the construction, repair, or renovation of facilities (including family housing and back-up power generation facilities) requires consideration of energy systems using solar energy or other renewable forms of energy when use of a renewable form of energy—
(A) is consistent with the energy performance goals and energy performance master plan for the Department of Defense developed under [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim); and
(B) supported by the special considerations specified in subsection (e) of such section.
(2) The Secretary concerned shall require that contracts for construction resulting from such design include a requirement that energy systems using solar energy or other renewable forms of energy be installed if such systems can be shown to be cost effective.
**(c) Determination of Cost Effectiveness.—**
(1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy for a facility shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system for the facility with such a system, and (B) the original investment cost of the energy system for the facility without such a system can be recovered over the expected life of the facility.
(2) A determination under paragraph (1) concerning whether a cost-differential can be recovered over the expected life of a facility shall be made using the life-cycle cost methods and procedures established pursuant to section 544(a) of the National Energy Conservation Policy Act ([42 U.S.C. 8254(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8254/a&num=0&edition=prelim)).
**(d) Exception to Square Feet and Cost Per Square Foot Limitations.—** In order to equip a military construction project (including a military family housing project) with heating equipment, cooling equipment, or both heating and cooling equipment using solar energy or other renewable forms of energy or with a passive energy system using solar energy or other renewable forms of energy, the Secretary concerned may authorize an increase in any otherwise applicable limitation with respect to the number of square feet or the cost per square foot of the project by such amount as may be necessary for such purpose. Any such increase under this subsection shall be in addition to any other administrative increase in cost per square foot or variation in floor area authorized by law.
**(e) Use of Energy Efficient Products in Facilities.—**
(1) The Secretary of Defense shall ensure, to the maximum extent practicable, that energy efficient products meeting the requirements of the Department of Defense are used in construction, repair, or renovation of facilities by or for the Department carried out under chapter 169 of this title if such products are readily available and their use is consistent with the energy performance goals and energy performance master plan for the Department developed under [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim) and supported by the special considerations specified in subsection (e) of such section.
(2)
(A) The Secretary of Defense shall prescribe a definition of the term “energy-efficient product” for purposes of this subsection and establish and maintain a list of products satisfying the definition. The definition and list shall be developed in consultation with the Secretary of Energy to ensure, to the maximum extent practicable, consistency with definitions of the term used by other Federal agencies.
(B) The Secretary shall modify the definition and list of energy-efficient products as necessary to account for emerging or changing technologies.
(C) The list of energy-efficient products shall be included as part of the energy performance master plan developed pursuant to [section 2911(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911/d/2&num=0&edition=prelim).
(3) In determining the energy efficiency of products, the Secretary shall consider products that—
(A) meet or exceed Energy Star specifications; or
(B) are listed on the Federal Energy Management Program Product Energy Efficiency Recommendations product list of the Department of Energy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Energy Policy.—** The Secretary of Defense shall ensure the readiness of the armed forces for their military missions by pursuing energy security and energy resilience.
**(b) Authorities.—** In order to achieve the policy set forth in subsection (a), the Secretary of Defense may—
(1) establish metrics and standards for the assessment of energy resilience;
(2) require the Secretary of a military department to perform mission assurance and readiness assessments of energy power systems for mission critical assets and supporting infrastructure, applying uniform mission standards established by the Secretary of Defense;
(3) require the Secretary of a military department to establish and maintain an energy resilience master plan for an installation;
(4) authorize the use of energy security and energy resilience, including the benefits of on-site generation resources that reduce or avoid the cost of backup power, as factors in the cost-benefit analysis for procurement of energy; and
(5) in selecting facility energy projects that will use renewable energy sources, pursue energy security and energy resilience by giving favorable consideration to projects that provide power directly to a military facility or into the installation electrical distribution network.
**(c) Energy Performance Goals.—**
(1) The Secretary of Defense shall submit to the congressional defense committees the energy performance goals for the Department of Defense regarding transportation systems, support systems, utilities, and infrastructure and facilities.
(2) The energy performance goals shall be submitted annually not later than the date on which the President submits to Congress the budget for the next fiscal year under [section 1105 of title 31](https://uscode.house.gov/view.xhtm
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2911
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requiring Use of Devices on Certain Windows.—**
(1) **Requirement.—** — The Secretary concerned shall ensure that if a window in any military family housing unit is described in subsection (c), including a window designed for emergency escape or rescue, the window is equipped with fall prevention devices described in paragraph (3).
(2) **Effective date.—** — Paragraph (1) shall apply with respect to the following military family housing units:
(A) A unit for which the contract for the construction of the unit is first entered into after October 1, 2019.
(B) Any other unit which is subject to a whole-house renovation project for which the contract is entered into on or after October 1, 2019.
(3) **Fall prevention device described.—** — A fall prevention device is a window screen or guard that complies with applicable standards in ASTM standard F2090–13 (or any successor standard).
**(b) Retrofitting or Replacing Existing Windows.—**
(1) **Program to retrofit existing windows.—** — The Secretary concerned shall carry out a program under which, in military family housing units which are not subject to the requirements of subsection (a), windows which are described in subsection (c), including windows designed for emergency escape or rescue, are retrofitted to be equipped with fall prevention devices described in paragraph (3) of subsection (a) or are replaced with windows which are equipped with fall prevention devices described in such paragraph.
(2) **Grants.—** — The Secretary concerned may carry out the program under this subsection by making grants to private entities to retrofit or replace existing windows, in accordance with such criteria as the Secretary may establish by regulation.
(3) **Use of operations funding.—** — The Secretary may carry ou
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2857
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conveyance Authority.—** The Secretary of a military department may convey a utility system, or part of a utility system, under the jurisdiction of the Secretary to a municipal, private, regional, district, or cooperative utility company or other entity. The conveyance may consist of all right, title, and interest of the United States in the utility system or such lesser estate as the Secretary considers appropriate to serve the interests of the United States.
**(b) Selection of Conveyee.—**
(1) If more than one utility or entity referred to in subsection (a) notifies the Secretary concerned of an interest in a conveyance under such subsection, the Secretary shall carry out the conveyance through the use of competitive procedures.
(2) Notwithstanding paragraph (1), the Secretary concerned may use procedures other than competitive procedures, but only in accordance with subsections (a), (b), (d), and (e) of [section 3204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim), to select the conveyee of a utility system (or part of a utility system) under subsection (a).
(3) With respect to the solicitation process used in connection with the conveyance of a utility system (or part of a utility system) under subsection (a), the Secretary concerned shall ensure that the process is conducted in a manner consistent with the laws and regulations of the State in which the utility system is located to the extent necessary to ensure that all interested regulated and unregulated utility companies and other interested entities receive an opportunity to acquire and operate the utility system to be conveyed.
**(c) Consideration.—**
(1) The Secretary concerned may require as consideration for a conveyance under
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2688
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In procuring energy systems the Secretary of a military department shall procure systems that use solar energy or other renewable forms of energy whenever the Secretary determines that such procurement is possible, suited to supplying the energy needs of the military department under the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance plan for the Department of Defense developed under [section 2911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2911&num=0&edition=prelim), and supported by the special considerations specified in subsection (e) of such section.
**(b)** The Secretary of Defense shall from time to time study uses for solar energy and other renewable forms of energy to determine what uses of such forms of energy may be reliable in supplying the energy needs of the Department of Defense. The Secretary of Defense, based upon the results of such studies, shall from time to time issue policy guidelines to be followed by the Secretaries of the military departments in carrying out subsection (a) and [section 2915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2915&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2922b
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Federal law — U.S. Code and appendices · legal_authorities
Page 2346
TITLE 10—ARMED FORCES
§ 2915
quest of the President submitted pursuant to
section 1105 of title 31.
(3) In this subsection, the term ‘‘covered
project’’ means a project connected to a Depart-
ment of Defense Information Network for which
funds are made available under this section.
(f) APPLICATION
TO
MILITARY
CONSTRUCTION
PROJECTS.—This section shall apply to military
construction projects covered by subsection (a)
for which a Department of Defense Form 1391 is
submitted to the appropriate committees of
Congress in connection with the budget of the
Department of Defense for fiscal year 2023 and
thereafter.
(Added Pub. L. 109–364, div. B, title XXVIII,
§ 2851(a)(1), Oct. 17, 2006, 120 Stat. 2493; amended
Pub. L. 114–328, div. B, title XXVIII, § 2805(a)(1),
(b)(1)(A), (2), Dec. 23, 2016, 130 Stat. 2713, 2714;
Pub. L. 115–91, div. B, title XXVIII, §§ 2801(e)(1),
2831(c)(1), Dec. 12, 2017, 131 Stat. 1845, 1857; Pub.
L. 115–232, div. A, title X, § 1081(a)(29), Aug. 13,
2018, 132 Stat. 1985; Pub. L. 116–283, div. B, title
XXVIII, §§ 2805(a), 2823(b), Jan. 1, 2021, 134 Stat.
4321, 4333; Pub. L. 117–81, div. B, title XXVIII,
§ 2804, Dec. 27, 2021, 135 Stat. 2188; Pub. L. 118–31,
div. B, title XXVIII, § 2809, Dec. 22, 2023, 137 Stat.
746.)
Editorial Notes
AMENDMENTS
2023—Subsecs. (e), (f). Pub. L. 118–31 added subsec. (e)
and redesignated former subsec. (e) as (f).
2021—Pub. L. 116–283, § 2805(a), amended section gen-
erally. Prior to amendment, section related to energy
resilience and conservation construction projects.
Subsecs. (c), (d). Pub. L. 117–81 added subsec. (c) and
redesignated former subsec. (c) as (d). Former subsec.
(d) redesignated (e).
Pub. L. 116–283, § 2823(b), added subsec. (c) and redesig-
nated former subsec. (c) as
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2915
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8254
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Federal law — U.S. Code and appendices · legal_authorities
Page 7559
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8255
energy savings in federally used buildings and rec-
ommend cost effective energy efficiency and renewable
energy improvements in those buildings, devise a plan
for implementing such survey, and report its findings
and conclusions to Congress, was repealed by Pub. L.
102–486, title I, § 152(i)(3), Oct. 24, 1992, 106 Stat. 2851.
§ 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 Direc-
tor of the Office of Management and Budget, the
Secretary of Defense, the Director of the Na-
tional 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 asso-
ciated 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 dis-
count 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 es-
tablished under subsection (a).
(2) In leasing buildings for its own use or that
of another agency, each agency shall, after Jan-
uary 1, 1994, fully consider the efficiency of all
potential building space at the time of renewing
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8254
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 8254. This identifies an authority to review, not proof of applicability.