42 U.S.C. § 8258b — Survey of energy saving potential

Page 7564 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8258b § 8258b. Survey of energy saving potential (a) In general The Secretary shall, in consultation with the Interagency Energy Management Task Force es- tablished under section 8257 of this title, carry out an energy survey for the purposes of— (1) determining the maximum potential cost effective energy savings that may be achieved in a representative sample of buildings owned or leased by the Federal Government in dif- ferent areas of the country; (2) making recommendations for cost effec- tive energy efficiency and renewable energy improvements in those buildings and in other similar Federal buildings; and (3) identifying barriers which may prevent an agency’s ability to comply with section 8253 of this title and other energy management goals. (b) Implementation (1) The Secretary shall transmit to the Com- mittee on Energy and Natural Resources and the Committee on Governmental Affairs of the Sen- ate and the Committee on Energy and Com- merce, the Committee on Government Oper- ations, and the Committee on Public Works and Transportation of the House of Representatives, within 180 days after October 24, 1992, a plan for implementing this section. (2) The Secretary shall designate buildings to be surveyed in the project so as to obtain a sam- ple of the buildings of the types and in the cli- mates that is representative of buildings owned or leased by Federal agencies in the United States that consume the major portion of the energy consumed in Federal buildings. Such sample shall include, where appropriate, the fol- lowing types of Federal facility space: (A) Housing. (B) Storage. (C) Office. (D) Services. (E) Schools. (F) Research and Development. (G) Industrial. (H) Prisons. (I) Hospitals. (3) For purposes of this section, an improve- ment shall be considered cost effective if the cost of the energy saved or displaced by the im- provement exceeds the cost of the improvement over the remaining life of a Federal building or the remaining term of a lease of a building leased by the Federal Government as deter- mined by the life cycle costing methodology de- veloped under section 8254 of this title. (c) Personnel (1) In carrying out this section, the Secretary shall utilize personnel who are— (A) employees of the Department of Energy; or (B) selected by the agencies utilizing the buildings which are being surveyed under this section. (2) Such personnel shall be detailed for the purpose of carrying out this section without any reduction of salary or benefits. (d) Report As soon as practicable after the completion of the project carried out under this section, the Secretary shall transmit a report of the findings and conclusions of the project to the Committee on Energy and Natural Resources and the Com- mittee on Governmental Affairs of the Senate, the Committee on Energy and Commerce, the Committee on Government Operations, and the Committee on Public Works and Transportation of the House of Representatives, and the agen- cies who own the buildings involved in such project. Such report shall include an analysis of the probability of each agency achieving each of the energy reduction goals established under section 8253(a) of this title. (Pub. L. 95–619, title V, § 550, as added Pub. L. 102–486, title I, § 152(h)(2), Oct. 24, 1992, 106 Stat. 2850; amended Pub. L. 109–58, title I, § 102(h), Aug. 8, 2005, 119 Stat. 608.) Editorial Notes PRIOR PROVISIONS A prior section 550 of Pub. L. 95–619 was classified to section 8260 of this title prior to the general amend- ment of this part by Pub. L. 100–615. AMENDMENTS 2005—Subsec. (d). Pub. L. 109–58 substituted ‘‘each of the energy reduction goals’’ for ‘‘the 20 percent reduc- tion goal’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Rep- resentatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Committee on Government Reform and Oversight of House of Rep- resentatives changed to Committee on Government Re- form of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Com- mittee on Government Reform of House of Representa- tives changed to Committee on Oversight and Govern- ment Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. Committee on Public Works and Transportation of House of Representatives treated as referring to Com- mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Page 7565 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8259b § 8259. Definitions For the purposes of this part— (1) the term ‘‘agency’’ has the meaning given it in section 551(1) of title 5; (2) the term ‘‘construction’’ means new con- struction or substantial rehabilitation of ex- isting structures; (3) the term ‘‘cogeneration facilities’’ has the same meaning given such term in section 796(18)(A) of title 16; (4) the term ‘‘energy conservation meas- ures’’ means measures that are applied to a Federal building that improve energy effi- ciency and are life cycle cost effective and that involve energy conservation, cogenera- tion facilities, renewable energy sources, im- provements in operations and maintenance ef- ficiencies, retrofit activities, or energy con- suming devices and required support struc- tures; (5) the term ‘‘energy survey’’ means a proce- dure used to determine energy and cost sav- ings likely to result from the use of appro- priate energy related maintenance and oper- ating procedures and modifications, including the purchase and installation of particular en- ergy-related equipment and the use of renew- able energy sources; (6) the term ‘‘Federal building’’ means any building, structure, or facility, or part thereof, including the associated energy consuming support systems, which is constructed, ren- ovated, leased, or purchased in whole or in part for use by the Federal Government and which consumes energy; such term also means a collection of such buildings, structures, or facilities and the energy consuming support systems for such collection; (7) the term ‘‘life cycle cost’’ means the total costs of owning, operating, and main- taining a building over its useful life (includ- ing such costs as fuel, energy, labor, and re- placement components) determined on the basis of a systematic evaluation and compari- son of alternative building systems, except that in the case of leased buildings, the life cycle costs shall be calculated over the effec- tive remaining term of the lease; (8) the term ‘‘renewable energy sources’’ in- cludes, but is not limited to, sources such as agriculture and urban waste, geothermal en- ergy, solar energy, and wind energy; and (9) the term ‘‘Secretary’’ means the Sec- retary of Energy. (Pub. L. 95–619, title V, § 551, formerly § 549, Nov. 9, 1978, 92 Stat. 3280; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3188; renumbered § 551, Pub. L. 102–486, title I, § 152(h)(1), Oct. 24, 1992, 106 Stat. 2848; amended Pub. L. 105–388, § 5(c)(5), Nov. 13, 1998, 112 Stat. 3479; Pub. L. 116–260, div. Z, title I, § 1002(b), Dec. 27, 2020, 134 Stat. 2422.) Editorial Notes PRIOR PROVISIONS A prior section 551 of Pub. L. 95–619 was classified to section 8261 of this title prior to the general amend- ment of this part by Pub. L. 100–615. AMENDMENTS 2020—Par. (4). Pub. L. 116–260 substituted ‘‘retrofit ac- tivities, or energy consuming devices and required sup- port structures’’ for ‘‘or retrofit activities’’. 1998—Par. (8). Pub. L. 105–388 substituted ‘‘geo- thermal’’ for ‘‘goethermal’’. 1988—Pub. L. 100–615 amended section generally, sub- stituting provisions relating to definitions for Federal energy management for former provision relating to budget treatment of energy conserving improvements by Federal agencies. § 8259a. Energy and water savings measures in congressional buildings (a) In general The Architect of the Capitol— (1) shall develop, update, and implement a cost-effective energy conservation and man- agement plan (referred to in this section as the ‘‘plan’’) for all facilities administered by Congress (referred to in this section as ‘‘con- gressional buildings’’) to meet the energy per- formance requirements for Federal buildings established under section 8253(a)(1) of this title; and (2) shall submit the plan to Congress, not later than 180 days after August 8, 2005. (b) Plan requirements The plan shall include— (1) a description of the life cycle cost anal- ysis used to determine the cost-effectiveness of proposed energy efficiency projects; (2) a schedule of energy surveys to ensure complete surveys of all congressional build- ings every 5 years to determine the cost and payback period of energy and water conserva- tion measures; (3) a strategy for installation of life cycle cost-effective energy and water conservation measures; (4) the results of a study of the costs and benefits of installation of submetering in con- gressional buildings; and (5) information packages and ‘‘how-to’’ guides for each Member and employing au- thority of Congress that detail simple, cost-ef- fective methods to save energy and taxpayer dollars in the workplace. (c) Annual report The Architect of the Capitol shall submit to Congress annually a report on congressional en- ergy management and conservation programs required under this section that describes in de- tail— (1) energy expenditures and savings esti- mates for each facility; (2) energy management and conservation projects; and (3) future priorities to ensure compliance with this section. (Pub. L. 95–619, title V, § 552, as added Pub. L. 109–58, title I, § 101(a), Aug. 8, 2005, 119 Stat. 605.) § 8259b. Federal procurement of energy efficient products (a) Definitions In this section: (1) Agency The term ‘‘agency’’ has the meaning given that term in section 7902(a) of title 5. (2) Energy Star product The term ‘‘Energy Star product’’ means a product that is rated for energy efficiency under an Energy Star program.