42 U.S.C. § 8287c — Definitions

Page 7581 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8287c 1 See References in Text note below. National Energy Conservation Policy Act (42 U.S.C. 8287) after October 1, 2003, and before the date of enact- ment of this Act [Oct. 28, 2004], shall be deemed to have been entered into pursuant to such section 801 as amended by subsection (a) of this section.’’ ENERGY EFFICIENCY INCENTIVE Pub. L. 100–456, div. A, title VII, § 736, Sept. 29, 1988, 102 Stat. 2006, as amended by Pub. L. 101–189, div. A, title III, § 331, Nov. 29, 1989, 103 Stat. 1417, provided that: ‘‘(a) ENERGY CONSERVATION INCENTIVE.—In order to provide additional incentive for the Secretary of a mili- tary department to enter into contracts under title VIII of the National Energy Conservation Policy Act (42 U.S.C. 8287 et seq.), the Secretary may use the en- ergy cost savings realized by the United States during the first five years under any such contract in the man- ner provided in subsection (b). The amount of savings available for use under subsection (b) shall be deter- mined as provided in subsection (c) and shall remain available for obligation until expended. ‘‘(b) AUTHORIZED USES OF SAVINGS.—The energy cost savings realized by the United States in each of the first five years under a contract may be used as follows: ‘‘(1) One-half of the amount of such savings may be used for the acquisition of energy conserving meas- ures for military installations, and such measures may be in addition to any such energy conserving measures acquired for military installations under contracts entered into under title VIII of the Na- tional Energy Conservation Policy Act. ‘‘(2) One-half of the amount of such savings may be used for any morale, welfare, or recreation facility or service that is normally provided with appropriated funds, or for any minor military construction project (as defined in section 2805(a) of title 10, United States Code), that will enhance the quality of life of mem- bers of the Armed Forces at the military installation at which the energy cost savings were realized. ‘‘(c) DETERMINATION OF AMOUNT OF SAVINGS.—Not more than 90 days after the end of each of the first five years during which energy savings measures have been in operation under a contract entered into by the Sec- retary of a military department under title VIII of the National Energy Conservation Policy Act, the Sec- retary of the military department concerned shall de- termine the amount of energy cost savings realized by the United States under the terms of the contract dur- ing that year by reason of the energy savings measures acquired and installed at that installation pursuant to that contract.’’ § 8287a. Payment of costs Any amount paid by a Federal agency pursu- ant to any contract entered into under this sub- chapter may be paid only from funds appro- priated or otherwise made available to the agen- cy for fiscal year 1986 or any fiscal year there- after for the payment of energy, water, or waste- water treatment expenses, including related op- erations and maintenance expense. (Pub. L. 95–619, title VIII, § 802, as added Pub. L. 99–272, title VII, § 7201(a), Apr. 7, 1986, 100 Stat. 142; amended Pub. L. 108–375, div. A, title X, § 1090(b), Oct. 28, 2004, 118 Stat. 2067; Pub. L. 116–260, div. Z, title I, § 1002(e), Dec. 27, 2020, 134 Stat. 2423.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘, including related operations and maintenance expenses’’ for ‘‘(and re- lated operation and maintenance expenses)’’. 2004—Pub. L. 108–375 inserted ‘‘, water, or wastewater treatment’’ after ‘‘payment of energy’’. § 8287b. Reports Each Federal agency shall periodically furnish the Secretary of Energy with full and complete information on its activities under this sub- chapter, and the Secretary shall include in the report submitted to Congress under section 8260 1 of this title a description of the progress made by each Federal agency in— (1) including the authority provided by this subchapter in its contracting practices; and (2) achieving energy savings under contracts entered into under this subchapter. (Pub. L. 95–619, title VIII, § 803, as added Pub. L. 99–272, title VII, § 7201(a), Apr. 7, 1986, 100 Stat. 142.) Editorial Notes REFERENCES IN TEXT Section 8260 of this title, referred to in text, was omitted in the general revision of part B (§ 8251 et seq.) of subchapter III of this chapter by Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185. § 8287c. Definitions For purposes of this subchapter, the following definitions apply: (1) The term ‘‘Federal agency’’ means each authority of the Government of the United States, whether or not it is within or subject to review by another agency. (2) The term ‘‘energy savings’’ means— (A) a reduction in the cost of energy, water, or wastewater treatment, from a base cost established through a methodology set forth in the contract, used in an existing Federal building (as defined in section 8259 of this title) as a result of— (i) the lease or purchase of operating equipment, improvements, altered oper- ation and maintenance, or technical serv- ices; (ii) the increased efficient use of existing energy sources by cogeneration or heat re- covery, excluding any cogeneration proc- ess for other than a Federal building (as defined in section 8259 of this title); or (iii) the increased efficient use of exist- ing water sources in either interior or ex- terior applications; (B) the increased efficient use of an exist- ing energy source by cogeneration or heat recovery; (C) if otherwise authorized by Federal or State law (including regulations), the sale or transfer of electrical or thermal energy gen- erated on-site from renewable energy sources or cogeneration, but in excess of Federal needs, to utilities or non-Federal en- ergy users; (D) the increased efficient use of existing water sources in interior or exterior applica- tions; (E) the use, sale, or transfer of any energy and water incentive, rebate, grid services revenue, or credit (including a renewable en- ergy certificate); and (F) any revenue generated from a reduc- tion in energy or water use, more efficient Page 7582 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8287d waste recycling, or additional energy gen- erated from more efficient equipment. (3) The terms ‘‘energy savings contract’’ and ‘‘energy savings performance contract’’ mean a contract that provides for the performance of services for the design, acquisition, installa- tion, testing, and, where appropriate, oper- ation, maintenance, and repair, of an identi- fied energy or water conservation measure or series of measures at 1 or more locations. Such contracts shall, with respect to an agency fa- cility that is a public building (as such term is defined in section 3301 of title 40), be in com- pliance with the prospectus requirements and procedures of section 3307 of title 40. (4) The term ‘‘energy or water conservation measure’’ means— (A) an energy conservation measure, as de- fined in section 8259 of this title; or (B) a water conservation measure that im- proves the efficiency of water use, is life- cycle cost-effective, and involves water con- servation, water recycling or reuse, more ef- ficient treatment of wastewater or stormwater, improvements in operation or maintenance efficiencies, retrofit activities, or other related activities, not at a Federal hydroelectric facility. (Pub. L. 95–619, title VIII, § 804, as added Pub. L. 99–272, title VII, § 7201(a), Apr. 7, 1986, 100 Stat. 143; amended Pub. L. 102–486, title I, § 155(b), Oct. 24, 1992, 106 Stat. 2855; Pub. L. 105–388, § 4(b), Nov. 13, 1998, 112 Stat. 3477; Pub. L. 108–375, div. A, title X, § 1090(c)–(e), Oct. 28, 2004, 118 Stat. 2067; Pub. L. 110–140, title V, § 515, Dec. 19, 2007, 121 Stat. 1659; Pub. L. 116–260, div. Z, title I, § 1002(f), Dec. 27, 2020, 134 Stat. 2423.) Editorial Notes AMENDMENTS 2020—Par. (2)(A). Pub. L. 116–260, § 1002(f)(1), sub- stituted ‘‘Federal building (as defined in section 8259 of this title)’’ for ‘‘federally owned building or buildings or other federally owned facilities’’ in introductory provisions and in cl. (ii). Par. (2)(E), (F). Pub. L. 116–260, § 1002(f)(2)–(4), added subpars. (E) and (F). 2007—Par. (2). Pub. L. 110–140 substituted ‘‘means—’’ for ‘‘means’’ in introductory provisions, inserted sub- par. (A) designation before ‘‘a reduction’’, redesignated former subpars. (A) to (C) as cls. (i) to (iii) of subpar. (A), respectively, and added subpars. (B) to (D). 2004—Par. (2). Pub. L. 108–375, § 1090(c), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The term ‘energy savings’ means a reduction in the cost of energy, from a base cost established through a methodology set forth in the contract, utilized in an existing federally owned building or buildings or other federally owned facilities as a result of— ‘‘(A) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; or ‘‘(B) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities.’’ Par. (3). Pub. L. 108–375, § 1090(d), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The terms ‘energy savings contract’ and ‘energy sav- ings performance contract’ mean a contract which pro- vides for the performance of services for the design, ac- quisition, installation, testing, operation, and, where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations. Such contracts— ‘‘(A) may provide for appropriate software licensing agreements; and ‘‘(B) shall, with respect to an agency facility that is a public building as such term is defined in section 13(1) of the Public Buildings Act of 1959 (40 U.S.C. 612(1)), be in compliance with the prospectus require- ments and procedures of section 7 of the Public Build- ings Act of 1959 (40 U.S.C. 606).’’ Par. (4). Pub. L. 108–375, § 1090(e), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘The term ‘energy conservation measures’ has the meaning given such term in section 8259(4) of this title.’’ 1998—Par. (1). Pub. L. 105–388 amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘The term ‘Federal agency’ means an agency defined in section 551(1) of title 5.’’ 1992—Pub. L. 102–486, § 155(b)(1), substituted ‘‘sub- chapter, the following definitions apply:’’ for ‘‘sub- chapter—’’ in introductory provisions. Par. (1). Pub. L. 102–486, § 155(b)(2), substituted ‘‘The’’ for ‘‘the’’ and a period for ‘‘, and’’ at end. Par. (2). Pub. L. 102–486, § 155(b)(3), substituted ‘‘The term’’ for ‘‘the term’’. Pars. (3), (4). Pub. L. 102–486, § 155(b)(4), added pars. (3) and (4). 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. § 8287d. Assistance to Federal agencies in achiev- ing energy efficiency in Federal facilities and operations The Secretary in fiscal year 1999 and there- after, shall continue the process begun in fiscal year 1998 of accepting funds from other Federal agencies in return for assisting agencies in achieving energy efficiency in Federal facilities and operations by the use of privately financed, energy savings performance contracts and other private financing mechanisms. The funds may be provided after agencies begin to realize en- ergy cost savings; may be retained by the Sec- retary until expended; and may be used only for the purpose of assisting Federal agencies in achieving greater efficiency, water conservation and use of renewable energy by means of pri- vately financed mechanisms, including energy savings performance contracts and utility incen- tive programs. These recovered funds will con- tinue to be used to administer even greater en- ergy efficiency, water conservation and use of renewable energy by means of privately financed mechanisms such as utility efficiency service contracts and energy savings performance con- tracts. The recoverable funds will be used for all necessary program expenses, including con- tractor support and resources needed, to achieve overall Federal energy management program objectives for greater energy savings. Any such privately financed contracts shall meet the pro- visions of the Energy Policy Act of 1992, Public Law 102–486 regarding energy savings perform- ance contracts and utility incentive programs. (Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–278.)