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

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those buildings, devise a plan for implementing such survey, and report its findings and conclusions to Congress, was repealed by Pub.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 or entering into a new lease. (c) Use in non-Federal structures The Secretary shall make available informa- tion to the public on the use of life cycle cost methods in the construction of buildings, struc- tures, and facilities in all segments of the econ- omy. (Pub. L. 95–619, title V, § 544, Nov. 9, 1978, 92 Stat. 3277; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3186; Pub. L. 102–486, title I, § 152(d), Oct. 24, 1992, 106 Stat. 2845; Pub. L. 110–140, title IV, § 441, Dec. 19, 2007, 121 Stat. 1623.) Editorial Notes AMENDMENTS 2007—Subsec. (a)(1). Pub. L. 110–140 substituted ‘‘40’’ for ‘‘25’’. 1992—Subsec. (a). Pub. L. 102–486, § 152(d)(1), sub- stituted ‘‘National Institute of Standards and Tech- nology’’ for ‘‘National Bureau of Standards’’. Subsec. (b)(2). Pub. L. 102–486, § 152(d)(2), substituted ‘‘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.’’ for ‘‘agency shall give appropriate preference to buildings which minimize life cycle costs.’’ 1988—Pub. L. 100–615 amended section generally, sub- stituting provisions relating to establishment and use of life cycle cost methods and procedures for provisions defining terms (1) Secretary, (2) life cycle cost, (3) pre- liminary energy audit, (4) energy survey, (5) Federal building, (6) construction, and (7) energy performance target. 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. § 8255. Budget treatment for energy conservation measures The President shall transmit to the Congress, along with each budget that is submitted to the Congress under section 1105 of title 31, a state- ment of the amount of appropriations requested in such budget, if any, on an individual agency basis, for— (1) electric and other energy costs to be in- curred in operating and maintaining agency facilities; and (2) compliance with the provisions of this part, the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), and all applicable Exec- utive orders, including Executive Order 12003 (42 U.S.C. 6201 note) and Executive Order 12759 (56 Fed. Reg. 16257). (Pub. L. 95–619, title V, § 545, Nov. 9, 1978, 92 Stat. 3278; Pub. L. 96–294, title IV, § 405, June 30, 1980, 94 Stat. 716; Pub. L. 99–509, title III, § 3301, Oct. 21, 1986, 100 Stat. 1890; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3186; Pub. L. 102–486, title I, § 152(e), Oct. 24, 1992, 106 Stat. 2846.) Editorial Notes REFERENCES IN TEXT The Energy Policy and Conservation Act, referred to in par. (2), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6201 of this title and Tables. Executive Order 12003, referred to in par. (2), is Ex. Ord. No. 12003, July 20, 1977, 42 F.R. 37523 which amend- ed Ex. Ord. No. 11912, April 13, 1976, 41 F.R. 15825, set out as a note under section 6201 of this title. 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 section 6201 of this title, prior to revocation by Ex. Ord. No. 13123, § 604, June 3, 1999, 64 F.R. 30859, formerly set out as a note under section 8251 of this title. AMENDMENTS 1992—Pub. L. 102–486 amended section generally. Prior to amendment, section read as follows: ‘‘Each agency, in support of the President’s annual budget request to the Congress, shall specifically set forth and identify funds requested for energy conservation measures.’’ 1988—Pub. L. 100–615 amended section generally, sub- stituting provision relating to budget treatment for en- ergy conservation measures for provisions relating to establishment and use of life cycle cost methods, use of life cycle costs, and use in non-Federal structures. 1986—Subsec. (a)(2). Pub. L. 99–509 substituted ‘‘aver- age’’ for ‘‘marginal’’. 1980—Subsec. (a)(1). Pub. L. 96–294, which directed amendment of par. (1) by inserting provisions setting forth criteria for establishing life-cycle costs for Fed- eral buildings before the period at end, was executed to par. (2) as the probable intent of Congress because par. (1) does not contain a period.