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40 U.S.C. § 591 — Purchase of electricity
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Limitation on Use of Amounts.—** A department, agency, or instrumentality of the Federal Government may not use amounts appropriated or made available by any law to purchase electricity in a manner inconsistent with state law governing the provision of electric utility service, including—
(1) state utility commission rulings; and
(2) electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.
**(b) Exceptions.—**
(1) **Energy savings.—** — This section does not preclude the head of a federal agency from entering into a contract under section 801 of the National Energy Conservation Policy Act ([42 U.S.C. 8287](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8287&num=0&edition=prelim)).
(2) **Energy savings for military installations.—** — This section does not preclude the Secretary of a military department from—
(A) entering into a contract under section 2394 11 See References in Text note below. of title 10; or
(B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.
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Source location: Title 40, Chapter 5, § 591; chapter-005-property-management.md
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**(a) General Limitation on Use of Amounts.—** A department, agency, or instrumentality of the Federal Government may not use amounts appropriated or made available by any law to purchase electricity in a manner inconsistent with state law governing the provision of electric utility service, including—
(1) state utility commission rulings; and
(2) electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.
**(b) Exceptions.—**
(1) **Energy savings.—** — This section does not preclude the head of a federal agency from entering into a contract under section 801 of the National Energy Conservation Policy Act ([42 U.S.C. 8287](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section8287&num=0&edition=prelim)).
(2) **Energy savings for military installations.—** — This section does not preclude the Secretary of a military department from—
(A) entering into a contract under section 2394 11 See References in Text note below. of title 10; or
(B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Another section 2394 was renumbered [section 2395 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2395&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2394
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) The head of a Federal agency may enter into contracts under this subchapter solely for the purpose of achieving energy savings and benefits ancillary to that purpose. Each such contract may, notwithstanding any other provision of law, be for a period not to exceed 25 years. Such contract shall provide that the contractor shall incur costs of implementing energy savings measures, including at least the costs (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel, in exchange for a share of any energy savings directly resulting from implementation of such measures during the term of the contract.
(2)
(A) Contracts under this subchapter shall be energy savings performance contracts and shall require an annual energy audit and specify the terms and conditions of any Government payments and performance guarantees. Any such performance guarantee shall provide that the contractor is responsible for maintenance and repair services for any energy related equipment, including computer software systems.
(B) Aggregate annual payments by an agency to both utilities and energy savings performance contractors, under an energy savings performance contract, may not exceed the amount that the agency would have paid for utilities without an energy savings performance contract (as estimated through the procedures developed pursuant to this section) during contract years. The contract shall provide for a guarantee of savings to the agency, and shall establish payment schedules reflecting such guarantee, taking into account any capital costs under the contract.
(C) Federal agencies may incur obligations pursuant to such contracts to finance energy conservation measures provided guaranteed savings exceed the debt
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8287
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Federal law — U.S. Code and appendices · legal_authorities
Page 78
TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
§ 591
1 See References in Text note below.
with respect to the Senate, by the Majority
and Minority Leaders of the Senate, in ac-
cordance with regulations promulgated by
the Committee on Rules and Administration
of the Senate; and
(B) amounts may be made available to im-
plement this subsection with respect to the
Senate without advance notice to the Com-
mittee on Appropriations of the House of
Representatives.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116; Pub.
L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub.
L. 117–328, div. I, title I, § 117(a), Dec. 29, 2022, 136
Stat. 4924; Pub. L. 118–47, div. E, title I, § 103(a),
Mar. 23, 2024, 138 Stat. 712.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
590(a) .........
40:490b(c).
Pub.
L.
100–202,
§ 101(m)
[title VI, § 616(a)–(d)], Dec.
22, 1987, 101 Stat. 1329–423;
Pub. L. 102–393, title V,
§ 528, Oct. 6, 1992, 106 Stat.
1760.
590(b) .........
40:490b(a).
590(c) .........
40:490b(b)(1), (2), (4).
590(d) .........
40:490b(b)(3).
40:490b(d).
590(e) .........
40:490b note.
Pub.
L.
105–277,
div.
A,
§ 101(h) [title VI, § 603],
Oct. 21, 1998, 112 Stat.
2681–513.
590(f) ..........
40:490b(e).
Pub.
L.
100–202,
§ 101(m)
[title VI, § 616(e)], as added
Pub. L. 106–554, § 1[(]a)(3)
[title VI, § 643], Dec. 21,
2000, 114 Stat. 2763A–169.
590(g) .........
40:490b–1.
Pub. L. 107–67, title VI, § 630,
Nov. 12, 2001, 115 Stat. 552.
In subsection (a), the word ‘‘provide’’ is substituted
for ‘‘promote the provision of’’ to eliminate unneces-
sary words.
In subsection (f)(2), the word ‘‘workers’’ is sub-
stituted for ‘‘existing and newly hired workers’’ to
eliminate unnecessary words.
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 591
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
Page 7577
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 8287
for such training and certification and will be
used to increase the total amount of funds
available for such training and certification.
(c)(1) Before making any grant under sub-
section (a) the Secretary shall establish min-
imum standards for the training and certifi-
cation of individuals to conduct energy audits.
(2) The Secretary shall require each Governor
receiving any grant under this subchapter to
agree to meet the standards established pursu-
ant to paragraph (1) in any training and certifi-
cation conducted using funds provided under
this subchapter.
(Pub. L. 96–294, title V, § 583, June 30, 1980, 94
Stat. 761.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Energy Security
Act, and not as part of the National Energy Conserva-
tion Policy Act which comprises this chapter.
§ 8285c. Authorization of appropriations
(a) To carry out this subchapter there is au-
thorized to be appropriated the sum of $10,000,000
for the fiscal year ending on September 30, 1981,
and the sum of $15,000,000 for the fiscal year end-
ing on September 30, 1982.
(b) Any funds appropriated under the author-
ization contained in this section shall remain
available until expended.
(Pub. L. 96–294, title V, § 584, June 30, 1980, 94
Stat. 761.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Energy Security
Act, and not as part of the National Energy Conserva-
tion Policy Act which comprises this chapter.
SUBCHAPTER VI—COORDINATION OF FED-
ERAL ENERGY CONSERVATION FACTORS
AND DATA
Editorial Notes
CODIFICATION
This subchapter was enacted as part of the Energy
Security Act, and not as part of the National Energy
Conservation Policy Act which comprises this chapter.
§ 8286. Conse
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 8287
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