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

Page 7560 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8256 1 See References in Text note below. § 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 enter- ing into contracts under subchapter VII of this chapter. (2) The Secretary shall, not later than 18 months after October 24, 1992, and after con- sultation with the Director of the Office of Man- agement and Budget, the Secretary of Defense, and the Administrator of General Services, de- velop appropriate procedures and methods for use by agencies to implement the incentives re- ferred to in paragraph (1). (b) Federal Energy Efficiency Fund (1) The Secretary shall establish a Federal En- ergy Efficiency Fund to provide grants to agen- cies to assist them in meeting the requirements of section 8253 of this title. (2) Not later than June 30, 1993, the Secretary shall issue guidelines to be followed by agencies submitting proposals for such grants. All agen- cies 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 as- sistance. (D) The extent that a proposal leverages fi- nancing from other non-Federal sources. (E) Any other factor which the Secretary de- termines will result in the greatest amount of energy and cost savings to the Federal Gov- ernment. (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 fis- cal 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 effi- ciency and for water conservation or the man- agement 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 in- centive, goods, or services generally available from any such utility, to increase energy effi- ciency or to conserve water or manage elec- tricity demand. (3) Each agency is encouraged to enter into ne- gotiations 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 de- nied collection of rebates or other incentives. (d) Financial incentive program for facility en- ergy managers (1) The Secretary shall, in consultation with the Task Force established pursuant to section 8257 of this title, establish a financial bonus pro- gram to reward, with funds made available for such purpose, outstanding Federal facility en- ergy managers in agencies and the United States Postal Service. (2) Not later than June 1, 1993, the Secretary shall issue procedures for implementing and conducting the award program, including the criteria to be used in selecting outstanding en- ergy 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 pro- grams for facility energy managers, operators, and maintenance personnel; (D) developed and implemented employee awareness programs; (E) succeeded in generating utility incen- tives, shared energy savings contracts, and other federally approved performance based energy savings contracts; (F) made successful efforts to fulfill compli- ance with energy reduction mandates, includ- ing the provisions of section 8253 of this title; and (G) succeeded in the implementation of the guidelines established under section 8262e 1 of this title. (3) There is authorized to be appropriated to carry out this subsection not more than $250,000 for each of the fiscal years 1993, 1994, and 1995. (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 expendi- tures, 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 effi- ciency, water conservation, or unconventional and renewable energy resources projects. Such projects shall be subject to the requirements of section 3307 of title 40. (Pub. L. 95–619, title V, § 546, Nov. 9, 1978, 92 Stat. 3278; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3187; Pub. L. 102–486, title I, § 152(f), Oct. 24, 1992, 106 Stat. 2846; Pub. L. 109–58, title I, § 102(f), Aug. 8, 2005, 119 Stat. 607; Pub. L. 110–140, title V, § 516, Dec. 19, 2007, 121 Stat. 1659.) Editorial Notes REFERENCES IN TEXT Section 8262e of this title, referred to in subsec. (d)(2)(G), was in the original ‘‘section 159’’ and was translated as meaning section 159 of Pub. L. 102–486, title I, Oct. 24, 1992, 106 Stat. 2857, which enacted sec- Page 7561 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8257 tion 8262e of this title, to reflect the probable intent of Congress. AMENDMENTS 2007—Subsec. (c)(5). Pub. L. 110–140 struck out par. (5) which read as follows: ‘‘(5)(A) An amount equal to fifty percent of the en- ergy 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 sub- chapter VII of this chapter and utility energy effi- ciency 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 fa- cilities at which energy savings were achieved. ‘‘(B) Agencies shall establish a fund and maintain strict financial accounting and controls for savings re- alized and expenditures made under this subsection. Records maintained pursuant to this subparagraph shall be made available for public inspection upon re- quest.’’ 2005—Subsec. (e). Pub. L. 109–58 added subsec. (e). 1992—Subsec. (a). Pub. L. 102–486, § 152(f)(1), (2), sub- stituted ‘‘Contracts’’ for ‘‘In general’’ in heading, des- ignated existing provisions as par. (1), and redesignated former subsec. (b) as subsec. (a)(2) and amended it gen- erally. Prior to amendment, par. (2) read as follows: ‘‘The head of each agency shall, no later than 120 days after November 5, 1988, implement procedures for enter- ing into such contracts and for identifying, verifying, and utilizing, on a fiscal year basis, the cost savings re- sulting from such contracts.’’ Subsec. (b). Pub. L. 102–486, § 152(f)(4), added subsec. (b). Former subsec. (b) redesignated par. (2) of subsec. (a). Subsecs. (c), (d). Pub. L. 102–486, § 152(f)(3), (4), added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: ‘‘The portion of the funds appro- priated to an agency for energy expenses for a fiscal year that is equal to the amount of cost savings real- ized by such agency for such year from contracts en- tered into under subchapter VII of this chapter shall re- main available for obligation, without further appro- priation, to undertake additional energy conservation measures.’’ 1988—Pub. L. 100–615 amended section generally, sub- stituting statement of incentives for agencies for provi- sions relating to energy performance targets for Fed- eral buildings. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. ENERGY EFFICIENCY AND WATER CONSERVATION MEASURES; USE OF REBATES AND SAVINGS Pub. L. 104–52, title VI, § 625, Nov. 19, 1995, 109 Stat. 502, provided that: ‘‘(a) Beginning in fiscal year 1996 and thereafter, for each Federal agency, except the Department of Defense (which has separate authority), and except as provided in Public Law 102–393, title IV, section 13 (40 U.S.C. 490g) [now 40 U.S.C. 592(f)] with respect to the Fund es- tablished pursuant to 40 U.S.C. 490(f) [now 40 U.S.C. 592(a)–(c)(1), (d), (e)], an amount equal to 50 percent of— ‘‘(1) the amount of each utility rebate received by the agency for energy efficiency and water conserva- tion measures, which the agency has implemented; and ‘‘(2) the amount of the agency’s share of the meas- ured energy savings resulting from energy-savings performance contracts, may be retained and credited to accounts that fund en- ergy and water conservation activities at the agency’s facilities, and shall remain available until expended for additional specific energy efficiency or water conserva- tion projects or activities, including improvements and retrofits, facility surveys, additional or improved util- ity metering, and employee training and awareness programs, as authorized by section 152(f) of the Energy Policy Act (Public Law 102–486) [amending this sec- tion]. ‘‘(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 con- tracts, shall be transferred to the General Fund of the Treasury at the end of the fiscal year in which re- ceived.’’ § 8257. Interagency Energy Management Task Force (a) In general To assist the interagency committee orga- nized under section 7266 of this title to coordi- nate the activities of the Federal Government in promoting energy conservation and the efficient use of energy and in informing non-Federal enti- ties of the Federal experience in energy con- servation, the Secretary shall establish an Interagency Energy Management Task Force (hereafter in this section referred to as the ‘‘Task Force’’). (b) Members The Task Force shall be composed of the chief energy managers of agencies represented on the interagency committee organized under section 7266 of this title. (c) Duties The Task Force shall meet when the Secretary requests, but not less often than twice a year, to— (1) assess the progress of the various agen- cies in achieving energy savings; (2) collect and disseminate information to agencies, States, local governments, and the public on effective survey techniques, innova- tive approaches to the efficient use of energy, incentive programs developed under section 8256 of this title, innovative contracting meth- ods developed under subchapter VII of this chapter, the use of cogeneration facilities and renewable resources, and other technologies that promote the conservation and efficient use of energy; (3) coordinate energy surveys conducted by the agencies; (4) develop options for use in conserving en- ergy; (5) report to the committee organized under section 7266 of this title; and (6) review, from time to time as may be nec- essary, the regulations relating to building temperature settings to determine whether changes in such regulations would be appro- priate to assist in meeting the goals specified in section 8253 of this title. (Pub. L. 95–619, title V, § 547, Nov. 9, 1978, 92 Stat. 3279; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3187.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–615 amended section generally, sub- stituting provisions relating to creation of an Inter-