42 U.S.C. § 8253 — Energy and water management require-

Page 7550 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 water, and the use of renewable energy sources, by the Federal Government. (Pub. L. 95–619, title V, § 542, Nov. 9, 1978, 92 Stat. 3277; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185; Pub. L. 102–486, title I, § 152(a), Oct. 24, 1992, 106 Stat. 2844.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–486 inserted ‘‘and water, and the use of renewable energy sources,’’ after ‘‘use of energy’’. 1988—Pub. L. 100–615 amended section generally, sub- stituting statement of purpose for policy statement de- claring it to be United States policy for Federal Gov- ernment to have the opportunity and responsibility, with participation of industry, to further develop, dem- onstrate, and promote use of energy conservation, solar heating and cooling, and other renewable energy sources in Federal buildings. § 8253. Energy and water management require- ments (a) Energy performance requirement for Federal buildings (1) Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, the Federal buildings of the agency (including each industrial or laboratory facility) so that the energy consumption per gross square foot of the Federal buildings of the agency in fiscal years 2006 through 2015 is reduced, as compared with the energy consumption per gross square foot of the Federal buildings of the agency in fiscal year 2003, by the percentage specified in the following table: Fiscal Year Percentage Reduction 2006 ....................................................... 2 2007 ....................................................... 4 2008 ....................................................... 9 2009 ....................................................... 12 2010 ....................................................... 15 2011 ....................................................... 18 2012 ....................................................... 21 2013 ....................................................... 24 2014 ....................................................... 27 2015 ....................................................... 30. (2) An agency may exclude from the require- ments of paragraph (1) any building, and the as- sociated energy consumption and gross square footage, in which energy intensive activities are carried out. Each agency shall identify and list in each report made under section 8258(a) of this title the buildings designated by it for such ex- clusion. (3) Not later than December 31, 2014, the Sec- retary shall review the results of the implemen- tation of the energy performance requirement established under paragraph (1) and submit to Congress recommendations concerning energy performance requirements for fiscal years 2016 through 2025. (b) Energy and water management requirement for Federal agencies (1) IN GENERAL.—Each agency shall— (A) not later than October 1, 2022, to the maximum extent practicable, begin installing in Federal buildings owned by the United States all energy and water conservation measures determined by the Secretary to be life cycle cost-effective (as defined in sub- section (f)(1)); and (B) complete the installation described in subparagraph (A) as soon as practicable after the date referred to in that subparagraph. (2) EXPLANATION OF NONCOMPLIANCE.— (A) IN GENERAL.—If an agency fails to com- ply with paragraph (1), the agency shall sub- mit to the Secretary, using guidelines devel- oped by the Secretary, an explanation of the reasons for the failure. (B) REPORT TO CONGRESS.—Not later than January 1, 2022, and every 2 years thereafter, the Secretary shall submit to Congress a re- port that describes any noncompliance by an agency with the requirements of paragraph (1). (3) This subsection shall not apply to an agen- cy’s facilities that generate or transmit electric energy or to the uranium enrichment facilities operated by the Department of Energy. (4) An agency may participate in the Environ- mental Protection Agency’s ‘‘Green Lights’’ program for purposes of receiving technical as- sistance in complying with the requirements of this section. (c) Exclusions (1)(A) The head of each agency may exclude, from the energy or water performance require- ment for a fiscal year established under sub- section (a) and the energy or water management requirement established under subsection (b), any Federal building or collection of Federal buildings, if the head of the agency finds that— (i) compliance with those requirements would be impracticable; (ii) the agency has completed and submitted all federally required energy or water manage- ment reports; (iii) the agency has achieved compliance with the energy or water efficiency require- ments of this chapter, the Energy Policy Act of 1992, Executive orders, and other Federal law; and (iv) the agency has implemented all prac- ticable, life cycle cost-effective projects with respect to the Federal building or collection of Federal buildings to be excluded. (B) A finding of impracticability under sub- paragraph (A)(i) shall be based on— (i) the energy or water intensiveness of ac- tivities carried out in the Federal building or collection of Federal buildings; or (ii) the fact that the Federal building or col- lection of Federal buildings is used in the per- formance of a national security function. (2) Each agency shall identify and list, in each report made under section 8258(a) of this title, the Federal buildings designated by it for such exclusion. The Secretary shall review such find- ings for consistency with the standards for ex- clusion set forth in paragraph (1), and may with- in 90 days after receipt of the findings, reverse the exclusion. In the case of any such reversal, the agency shall comply with the requirements of subsections (a) and (b)(1) for the building con- cerned. Page 7551 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 (3) Not later than 180 days after August 8, 2005, the Secretary shall issue guidelines that estab- lish criteria for exclusions under paragraph (1). (d) Implementation steps The Secretary shall consult with the Sec- retary of Defense and the Administrator of Gen- eral Services in developing guidelines for the implementation of this part. To meet the re- quirements of this section, each agency shall— (1) prepare and submit to the Secretary, not later than December 31, 1993, a plan describing how the agency intends to meet such require- ments, including how it will— (A) designate personnel primarily respon- sible for achieving such requirements; (B) identify high priority projects through calculation of payback periods; (C) take maximum advantage of contracts authorized under subchapter VII of this chapter, of financial incentives and other services provided by utilities for efficiency investment, and of other forms of financing to reduce the direct costs to the Govern- ment; and (D) otherwise implement this part; (2) perform energy and water surveys of its Federal buildings to the extent necessary and update such surveys as needed, incorporating any relevant information obtained from the survey conducted pursuant to section 8258b of this title; (3) using such surveys, determine the cost and payback period of energy and water con- servation measures likely to achieve the re- quirements of this section; (4) install energy and water conservation measures that will achieve the requirements of this section through the methods and proce- dures established pursuant to section 8254 of this title; and (5) ensure that the operation and mainte- nance procedures applied under this section are continued. (e) Metering of energy and water use (1) Deadline By October 1, 2022, in accordance with guide- lines established by the Secretary under para- graph (2), all Federal buildings shall, for the purposes of efficient use of energy and water and reduction in the cost of electricity and water used in such buildings, be metered. Each agency shall use, to the maximum extent practicable, advanced meters or advanced me- tering devices that provide data at least daily and that measure at least hourly consumption of electricity and water in the Federal build- ings of the agency. Not later than October 1, 2016, each agency shall provide for equivalent metering of natural gas and steam, in accord- ance with guidelines established by the Sec- retary under paragraph (2). Such data shall be incorporated into existing Federal energy and water tracking systems and made available to Federal facility managers. (2) Guidelines (A) In general Not later than 180 days after August 8, 2005, the Secretary, in consultation with the Department of Defense, the General Services Administration, representatives from the metering industry, utility industry, energy services industry, energy efficiency indus- try, energy efficiency advocacy organiza- tions, national laboratories, universities, Federal facility managers, and any other person the Secretary deems necessary, shall establish guidelines for agencies to carry out paragraph (1). (B) Requirements for guidelines The guidelines shall— (i) take into consideration— (I) the cost of metering and the re- duced cost of operation and maintenance expected to result from metering; (II) the extent to which metering is ex- pected to result in increased potential for energy and water management, in- creased potential for energy and water savings and energy and water efficiency improvement, and cost and energy and water savings due to utility contract ag- gregation; and (III) the measurement and verification protocols of the Department of Energy; (ii) include recommendations concerning the amount of funds and the number of trained personnel necessary to gather and use the metering information to track and reduce energy and water use; (iii) establish priorities for types and lo- cations of buildings to be metered based on cost-effectiveness and a schedule of one or more dates, not later than 1 year after the date of issuance of the guidelines, on which the requirements specified in para- graph (1) shall take effect; and (iv) establish exclusions from the re- quirements specified in paragraph (1) based on the de minimis quantity of energy and water use of a Federal building, industrial process, or structure. (C) Update Not later than 180 days after December 27, 2020, the Secretary shall update the guide- lines established under subparagraph (A) to take into account water efficiency require- ments under this section. (3) Plan Not later than 180 days after the date on which guidelines are updated under paragraph (2)(C), in a report submitted by the agency under section 8258(a) of this title, each agency shall submit to the Secretary a plan describ- ing the manner in which the agency will im- plement the requirements of paragraph (1), in- cluding— (A) how the agency will designate per- sonnel primarily responsible for achieving the requirements; and (B) a demonstration by the agency, com- plete with documentation, of any finding that advanced meters or advanced metering devices (as those terms are used in para- graph (1)), are not practicable. (4) Best practices report (A) In general Not later than 180 days after December 27, 2020, the Secretary of Energy, in consulta- Page 7552 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 tion with the Secretary of Defense and the Administrator of General Services, shall de- velop, and issue a report on, best practices for the use of advanced metering of energy and water use in Federal facilities, build- ings, and equipment by Federal agencies. (B) Components The report shall include, at a minimum— (i) summaries and analysis of the reports by agencies under paragraph (3); (ii) recommendations on standard re- quirements or guidelines for automated energy and water management systems, including— (I) potential common communications standards to allow data sharing and re- porting; (II) means of facilitating continuous commissioning of buildings and evi- dence-based maintenance of buildings and building systems; and (III) standards for sufficient levels of security and protection against cyber threats to ensure systems cannot be con- trolled by unauthorized persons; and (iii) an analysis of— (I) the types of advanced metering and monitoring systems being piloted, test- ed, or installed in Federal buildings; and (II) existing techniques used within the private sector or other non-Federal gov- ernment buildings. (f) Use of energy and water efficiency measures in Federal buildings (1) Definitions In this subsection: (A) Commissioning The term ‘‘commissioning’’, with respect to a facility, means a systematic process— (i) of ensuring, using appropriate verification and documentation, during the period beginning on the initial day of the design phase of the facility and ending not earlier than 1 year after the date of completion of construction of the facility, that all facility systems perform inter- actively in accordance with— (I) the design documentation and in- tent of the facility; and (II) the operational needs of the owner of the facility, including preparation of operation personnel; and (ii) the primary goal of which is to en- sure fully functional systems that can be properly operated and maintained during the useful life of the facility. (B) Energy manager (i) In general The term ‘‘energy manager’’, with re- spect to a facility, means the individual who is responsible for— (I) ensuring compliance with this sub- section by the facility; and (II) reducing energy use at the facility. (ii) Inclusions The term ‘‘energy manager’’ may in- clude— (I) a contractor of a facility; (II) a part-time employee of a facility; and (III) an individual who is responsible for multiple facilities. (C) Facility (i) In general The term ‘‘facility’’ means any building, installation, structure, or other property (including any applicable fixtures) owned or operated by, or constructed or manufac- tured and leased to, the Federal Govern- ment. (ii) Inclusions The term ‘‘facility’’ includes— (I) a group of facilities at a single loca- tion or multiple locations managed as an integrated operation; and (II) contractor-operated facilities owned by the Federal Government. (iii) Exclusions The term ‘‘facility’’ does not include any land or site for which the cost of utilities is not paid by the Federal Government. (D) Life cycle cost-effective The term ‘‘life cycle cost-effective’’, with respect to a measure, means a measure, the estimated savings of which exceed the esti- mated costs over the lifespan of the meas- ure, as determined in accordance with sec- tion 8254 of this title. (E) Ongoing commissioning The term ‘‘ongoing commissioning’’ means an ongoing process of commissioning using monitored data, the primary goal of which is to ensure continuous optimum performance of a facility, in accordance with design or operating needs, over the useful life of the facility, while meeting facility occupancy requirements. (F) Payback period (i) In general Subject to clause (ii), the term ‘‘payback period’’, with respect to a measure, means a value equal to the quotient obtained by dividing— (I) the estimated initial implementa- tion cost of the measure (other than fi- nancing costs); by (II) the annual cost savings resulting from the measure, including— (aa) net savings in estimated energy and water costs; and (bb) operations, maintenance, repair, replacement, and other direct costs. (ii) Modifications and exceptions The Secretary, in guidelines issued pur- suant to paragraph (6), may make such modifications and provide such exceptions to the calculation of the payback period of a measure as the Secretary determines to be appropriate to achieve the purposes of this chapter. (G) Recommissioning The term ‘‘recommissioning’’ means a process— Page 7553 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 (i) of commissioning a facility or system beyond the project development and war- ranty phases of the facility or system; and (ii) the primary goal of which is to en- sure optimum performance of a facility, in accordance with design or current oper- ating needs, over the useful life of the fa- cility, while meeting building occupancy requirements. (H) Retrocommissioning The term ‘‘retrocommissioning’’ means a process of commissioning a facility or sys- tem that was not commissioned at the time of construction of the facility or system. (2) Facility energy managers (A) In general Each Federal agency shall designate an en- ergy manager responsible for implementing this subsection and reducing energy and water use at each facility that meets cri- teria under subparagraph (B). (B) Covered facilities The Secretary shall develop criteria, after consultation with affected agencies, effi- ciency advocates, and energy and utility service providers, that cover, at a minimum, Federal facilities, including central utility plants and distribution systems and other energy intensive operations, that constitute at least 75 percent of facility energy or water use at each agency. (C) Energy management system An energy manager designated for a facil- ity under subparagraph (A) shall take into consideration— (i) the use of a system to manage energy and water use at the facility; and (ii) the applicability of the certification of the facility in accordance with the International Organization for Standard- ization standard numbered 50001 and enti- tled ‘‘Energy Management Systems’’. (3) Energy and water evaluations and commis- sioning (A) Evaluations Except as provided in subparagraph (B), not later than the date that is 180 days after December 27, 2020, and annually thereafter, each energy manager shall complete, for the preceding calendar year, a comprehensive energy and water evaluation and recommis- sioning or retrocommissioning for approxi- mately 25 percent of the facilities of the ap- plicable agency that meet the criteria under paragraph (2)(B) in a manner that ensures that an evaluation of each facility is com- pleted not less frequently than once every 4 years. (B) Exceptions An evaluation and recommissioning or retrocommissioning shall not be required under subparagraph (A) with respect to a fa- cility that, as of the date on which the eval- uation and recommissioning or retrocommissioning would occur— (i) has had a comprehensive energy and water evaluation during the preceding 8- year period; (ii)(I) has been commissioned, recommis- sioned, or retrocommissioned during the preceding 10-year period; or (II) is under ongoing commissioning, re- commissioning, or retrocomissioning; (iii) has not had a major change in func- tion or use since the previous evaluation and recommissioning or retrocommissioning; (iv) has been benchmarked with public disclosure under paragraph (8) during the preceding calendar year; and (v)(I) based on the benchmarking de- scribed in clause (iv), has achieved at a fa- cility level the most recent cumulative en- ergy savings target under subsection (a) compared to the earlier of— (aa) the date of the most recent eval- uation; or (bb) the date— (AA) of the most recent commis- sioning, recommissioning, or retrocommissioning; or (BB) on which ongoing commis- sioning began; or (II) has a long-term contract in place guaranteeing energy savings at least as great as the energy savings target under subclause (I). (4) Implementation of identified energy and water efficiency measures (A) In general Not later than 2 years after the date of completion of each evaluation under para- graph (3), each energy manager shall imple- ment any energy- or water-saving measure that— (i) the Federal agency identified in the evaluation; and (ii) is life cycle cost-effective, as deter- mined by evaluating an individual meas- ure or a bundle of measures with varying paybacks. (B) Performance contracting Each Federal agency shall use perform- ance contracting to address at least 50 per- cent of the measures identified under sub- paragraph (A)(i). (5) Follow-up on implemented measures For each measure implemented under para- graph (4), each energy manager shall ensure that— (A) equipment, including building and equipment controls, is fully commissioned at acceptance to be operating at design spec- ifications; (B) a plan for appropriate operations, maintenance, and repair of the equipment is in place at acceptance and is followed; (C) equipment and system performance is measured during its entire life to ensure proper operations, maintenance, and repair; and (D) energy and water savings are measured and verified. (6) Guidelines (A) In general The Secretary shall issue guidelines and necessary criteria that each Federal agency shall follow for implementation of— Page 7554 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 1 So in original. A comma probably should appear. (i) paragraphs (2) and (3) not later than 180 days after December 19, 2007; and (ii) paragraphs (4) and (5) not later than 1 year after December 19, 2007. (B) Relationship to funding source The guidelines issued by the Secretary under subparagraph (A) shall be appropriate and uniform for measures funded with each type of funding made available under para- graph (10), but may distinguish between dif- ferent types of measures 1 project size, and other criteria the Secretary determines are relevant. (7) Web-based certification (A) In general For each facility that meets the criteria established by the Secretary under para- graph (2)(B), the energy manager shall use the web-based tracking system under sub- paragraph (B)— (i) to certify compliance with the re- quirements for— (I) energy and water evaluations under paragraph (3); (II) implementation of identified en- ergy and water measures under para- graph (4); and (III) follow-up on implemented meas- ures under paragraph (5); and (ii) to publish energy and water con- sumption data on an individual facility basis. (B) Deployment (i) In general Not later than 1 year after December 19, 2007, the Secretary shall develop and de- ploy a web-based tracking system required under this paragraph in a manner that tracks, at a minimum— (I) the covered facilities; (II) the status of meeting the require- ments specified in subparagraph (A); (III) the estimated cost and savings for measures required to be implemented in a facility; (IV) the measured savings and persist- ence of savings for implemented meas- ures; and (V) the benchmarking information dis- closed under paragraph (8)(C). (ii) Ease of compliance The Secretary shall ensure that energy manager compliance with the require- ments in this paragraph, to the maximum extent practicable— (I) can be accomplished with the use of streamlined procedures and templates that minimize the time demands on Fed- eral employees; and (II) is coordinated with other applica- ble energy and water reporting require- ments. (C) Availability (i) In general Subject to clause (ii), the Secretary shall make the web-based tracking system re- quired under this paragraph available to Congress, other Federal agencies, and the public through the Internet. (ii) Exemptions At the request of a Federal agency, the Secretary may exempt specific data for specific facilities from disclosure under clause (i) for national security purposes. (8) Benchmarking of Federal facilities (A) In general The energy manager shall enter energy use data for each metered building that is (or is a part of) a facility that meets the criteria established by the Secretary under para- graph (2)(B) into a building energy use benchmarking system, such as the Energy Star Portfolio Manager. (B) System and guidance Not later than 1 year after December 19, 2007, the Secretary shall— (i) select or develop the building energy use benchmarking system required under this paragraph for each type of building; and (ii) issue guidance for use of the system. (C) Public disclosure Each energy manager shall post the infor- mation entered into, or generated by, a benchmarking system under this subsection, on the web-based tracking system under paragraph (7)(B). The energy manager shall update such information each year, and shall include in such reporting previous years’ information to allow changes in build- ing performance to be tracked over time. (9) Federal agency scorecards (A) In general The Director of the Office of Management and Budget shall issue semiannual score- cards for energy and water management ac- tivities carried out by each Federal agency that includes— (i) summaries of the status of imple- menting the various requirements of the agency and its energy managers under this subsection; and (ii) any other means of measuring per- formance that the Director considers ap- propriate. (B) Availability The Director shall make the scorecards re- quired under this paragraph available to Congress, other Federal agencies, and the public through the Internet. (10) Funding and implementation (A) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this subsection. (B) Funding options (i) In general To carry out this subsection, a Federal agency may use any combination of— (I) appropriated funds made available under subparagraph (A); and Page 7555 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 (II) private financing otherwise au- thorized under Federal law, including fi- nancing available through energy sav- ings performance contracts or utility en- ergy service contracts. (ii) Combined funding for same measure A Federal agency may use any combina- tion of appropriated funds and private fi- nancing described in clause (i) to carry out the same measure under this subsection. (C) Implementation Each Federal agency may implement the requirements under this subsection itself or may contract out performance of some or all of the requirements. (11) Rule of construction This subsection shall not be construed to re- quire or to obviate any contractor savings guarantees. (g) Large capital energy investments (1) In general Each Federal agency shall ensure that any large capital energy investment in an existing building that is not a major renovation but in- volves replacement of installed equipment (such as heating and cooling systems), or in- volves renovation, rehabilitation, expansion, or remodeling of existing space, employs the most energy efficient designs, systems, equip- ment, and controls that are life-cycle cost ef- fective. (2) Process for review of investment decisions Not later than 180 days after December 19, 2007, each Federal agency shall— (A) develop a process for reviewing each decision made on a large capital energy in- vestment described in paragraph (1) to en- sure that the requirements of this sub- section are met; and (B) report to the Director of the Office of Management and Budget on the process es- tablished. (3) Compliance report Not later than 1 year after December 19, 2007, the Director of the Office of Management and Budget shall evaluate and report to Con- gress on the compliance of each agency with this subsection. (h) Federal implementation strategy for energy- efficient and energy-saving information tech- nologies (1) Definitions In this subsection: (A) Director The term ‘‘Director’’ means the Director of the Office of Management and Budget. (B) Information technology The term ‘‘information technology’’ has the meaning given that term in section 11101 of title 40. (2) Development of implementation strategy Not later than 1 year after December 27, 2020, each Federal agency shall coordinate with the Director, the Secretary, and the Ad- ministrator of the Environmental Protection Agency to develop an implementation strat- egy (including best-practices and measure- ment and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies at or for facilities owned and operated by the Federal agency, taking into consideration the performance goals established under paragraph (4). (3) Administration In developing an implementation strategy under paragraph (2), each Federal agency shall consider— (A) advanced metering infrastructure; (B) energy efficient data center strategies and methods of increasing asset and infra- structure utilization; (C) advanced power management tools; (D) building information modeling, includ- ing building energy management; (E) secure telework and travel substi- tution tools; and (F) mechanisms to ensure that the agency realizes the energy cost savings of increased efficiency and utilization. (4) Performance goals (A) In general Not later than 180 days after December 27, 2020, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-sav- ing information technology at or for facili- ties owned and operated by the Federal agencies. (B) Best practices The Chief Information Officers Council es- tablished under section 3603 of title 44, shall recommend best practices for the attain- ment of the performance goals established under subparagraph (A), which shall include, to the extent applicable by law, consider- ation by a Federal agency of the use of— (i) energy savings performance con- tracting; and (ii) utility energy services contracting. (5) Reports (A) Agency reports Each Federal agency shall include in the report of the agency under section 17143 of this title a description of the efforts and re- sults of the agency under this subsection. (B) OMB government efficiency reports and scorecards Effective beginning not later than October 1, 2022, the Director shall include in the an- nual report and scorecard of the Director re- quired under section 17144 of this title a de- scription of the efforts and results of Federal agencies under this subsection. (C) Use of existing reporting structures The Director may require Federal agencies to submit any information required to be submitted under this subsection though re- Page 7556 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 porting structures in use as of December 27, 2020. (i) Federal Energy Management Program (1) In general The Secretary shall carry out a program, to be known as the ‘‘Federal Energy Management Program’’ (referred to in this subsection as the ‘‘Program’’), to facilitate the implementation by the Federal Government of cost-effective energy and water management and energy-re- lated investment practices— (A) to coordinate and strengthen Federal energy and water resilience; (B) to promote environmental stewardship; and (C) to reduce energy consumption during periods of unusually high electricity or nat- ural gas demand. (2) Federal Director The Secretary shall appoint an individual to serve as the director of the Program (referred to in this subsection as the ‘‘Federal Direc- tor’’), which shall be a career position in the Senior Executive service, to administer the Program. (3) Program activities (A) Strategic planning and technical assist- ance In administering the Program, the Federal Director shall— (i) provide technical assistance and project implementation support and guid- ance to agencies to identify, implement, procure, and track energy and water con- servation measures required under this chapter and under other provisions of law; (ii) in coordination with the Adminis- trator of the General Services Administra- tion, establish appropriate procedures, methods, and best practices for use by agencies to select, monitor, and terminate contracts entered into pursuant to a util- ity incentive program under section 8256(c) of this title with utilities; (iii) carry out the responsibilities of the Secretary under section 8287 of this title, as determined appropriate by the Sec- retary; (iv) establish and maintain internet- based information resources and project tracking systems and tools for energy and water management; (v) coordinate comprehensive and stra- tegic approaches to energy and water resil- ience planning for agencies; (vi) establish a recognition program for Federal achievement in energy and water management, energy-related investment practices, environmental stewardship, and other relevant areas, through events such as individual recognition award cere- monies and public announcements; and (vii) promote the installation of demand- response technology and the use of de- mand-response practices in Federal build- ings. (B) Energy and water management and re- porting In administering the Program, the Federal Director shall— (i) track and report on the progress of agencies in meeting the requirements of the agency under this section; (ii) make publicly available agency per- formance data required under— (I) this section and sections 8254, 8256, 8257, and 8258 of this title; and (II) section 15852 of this title; (iii)(I) collect energy and water use and consumption data from each agency; and (II) based on that data, submit to each agency a report that will facilitate the en- ergy and water management, energy-re- lated investment practices, and environ- mental stewardship of the agency in sup- port of Federal goals under this chapter and under other provisions of law; (iv) carry out the responsibilities of the Secretary under section 6834 of this title; (v) in consultation with the Adminis- trator of the General Services Administra- tion, acting through the head of the Office of High-Performance Green Buildings, es- tablish and implement sustainable design principles for Federal facilities; and (vi) designate products that meet the highest energy conservation standards for categories not covered under the Energy Star program established under section 6294a of this title. (C) Federal interagency coordination In administering the Program, the Federal Director shall— (i) develop and implement accredited training consistent with existing Federal programs and activities— (I) relating to energy and water use, management, and resilience in Federal facilities, energy-related investment practices, and environmental steward- ship; and (II) that includes in-person training, internet-based programs, and national in-person training events; (ii) carry out the functions of the Sec- retary with respect to the Interagency En- ergy Management Task Force under sec- tion 8257 of this title; and (iii) report on the implementation of the priorities of the President, including Exec- utive orders, relating to energy and water use in Federal facilities, in coordination with— (I) the Office of Management and Budg- et; (II) the Council on Environmental Quality; and (III) any other entity, as considered necessary by the Federal Director. (D) Facility and fleet optimization In administering the Program, the Federal Director shall develop guidance, supply as- sistance to, and track the progress of agen- cies— (i) in conducting portfolio-wide facility energy and water resilience planning and project integration; (ii) in building new construction and major renovations to meet the sustainable Page 7557 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 design and energy and water performance standards required under this section; (iii) in developing guidelines for— (I) facility commissioning; and (II) facility operations and mainte- nance; and (iv) in coordination with the Adminis- trator of the General Services Administra- tion, in meeting statutory and agency goals for Federal fleet vehicles. (4) Management council The Federal Director shall establish a man- agement council to advise the Federal Direc- tor that shall— (A) convene not less frequently than once every quarter; and (B) consist of representatives from— (i) the Council on Environmental Qual- ity; (ii) the Office of Management and Budg- et; and (iii) the Office of Federal High-Perform- ance Green Buildings in the General Serv- ices Administration. (5) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $36,000,000 for each of fiscal years 2021 through 2025. (Pub. L. 95–619, title V, § 543, Nov. 9, 1978, 92 Stat. 3277; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185; Pub. L. 102–486, title I, § 152(b), (c), Oct. 24, 1992, 106 Stat. 2844, 2845; Pub. L. 104–66, title I, § 1052(b), Dec. 21, 1995, 109 Stat. 718; Pub. L. 109–58, title I, §§ 102(a)(1), (b)–(e), 103, Aug. 8, 2005, 119 Stat. 606–608; Pub. L. 110–140, title IV, §§ 431, 432, 434, Dec. 19, 2007, 121 Stat. 1607, 1614; Pub. L. 112–210, §§ 8, 9, Dec. 18, 2012, 126 Stat. 1521, 1522; Pub. L. 116–260, div. Z, title I, §§ 1002(g), 1004, 1012, Dec. 27, 2020, 134 Stat. 2423, 2428, 2447; Pub. L. 117–58, div. D, title I, § 40104(c), Nov. 15, 2021, 135 Stat. 932.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c)(1)(A)(iii), (f)(1)(F)(ii), and (i)(3)(A)(i), (B)(iii)(II), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3206, known as the National Energy Conservation Policy Act. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of this title and Tables. The Energy Policy Act of 1992, referred to in subsec. (c)(1)(A)(iii), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables. AMENDMENTS 2021—Subsec. (i)(1)(C). Pub. L. 117–58, § 40104(c)(1), added subpar. (C). Subsec. (i)(3)(A)(vii). Pub. L. 117–58, § 40104(c)(2), added cl. (vii). 2020—Pub. L. 116–260, § 1002(g)(1), inserted ‘‘and water’’ after ‘‘Energy’’ in section catchline. Subsec. (b). Pub. L. 116–260, § 1002(g)(2)(A), inserted ‘‘and water’’ after ‘‘Energy’’ in heading. Subsec. (b)(1), (2). Pub. L. 116–260, § 1002(g)(2)(B), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) Not later than January 1, 2005, each agency shall, to the maximum extent practicable, install in Federal buildings owned by the United States all energy and water conservation measures with payback periods of less than 10 years, as determined by using the methods and procedures developed pursuant to section 8254 of this title. ‘‘(2) The Secretary may waive the requirements of this subsection for any agency for such periods as the Secretary may determine if the Secretary finds that the agency is taking all practicable steps to meet the requirements and that the requirements of this sub- section will pose an unacceptable burden upon the agency. If the Secretary waives the requirements of this subsection, the Secretary shall, as part of the re- port required under section 8258(b) of this title, notify the Congress in writing with an explanation and a jus- tification of the reasons for such waiver.’’ Subsec. (c)(1)(A). Pub. L. 116–260, § 1002(g)(3)(A), in in- troductory provisions, substituted ‘‘The head of each agency’’ for ‘‘An agency’’ and inserted ‘‘or water’’ after ‘‘energy’’ in two places. Subsec. (c)(1)(A)(ii), (iii). Pub. L. 116–260, § 1002(g)(3)(A)(ii), inserted ‘‘or water’’ after ‘‘energy’’. Subsec. (c)(1)(B)(i). Pub. L. 116–260, § 1002(g)(3)(B), in- serted ‘‘or water’’ after ‘‘energy’’. Subsec. (d)(2). Pub. L. 116–260, § 1002(g)(4), inserted ‘‘and water’’ after ‘‘energy’’. Subsec. (e). Pub. L. 116–260, § 1002(g)(5)(A), inserted ‘‘and water’’ after ‘‘energy’’ in heading. Subsec. (e)(1). Pub. L. 116–260, § 1002(g)(5)(B), sub- stituted ‘‘October 1, 2022’’ for ‘‘October 1, 2012’’ and in- serted ‘‘and water’’ after ‘‘energy’’ in two places and after ‘‘electricity’’ in two places. Subsec. (e)(2)(A). Pub. L. 116–260, § 1002(g)(5)(C)(i), struck out ‘‘and’’ before ‘‘Federal’’ and inserted ‘‘and any other person the Secretary deems necessary,’’ be- fore ‘‘shall’’. Subsec. (e)(2)(B). Pub. L. 116–260, § 1002(g)(5)(C)(ii), in- serted ‘‘and water’’ after ‘‘energy’’ wherever appearing. Subsec. (e)(2)(C). Pub. L. 116–260, § 1002(g)(5)(C)(iii), added subpar. (C). Subsec. (e)(3). Pub. L. 116–260, §1002(g)(5)(D), sub- stituted ‘‘updated under paragraph (2)(C)’’ for ‘‘estab- lished under paragraph (2)’’ in introductory provisions. Subsec. (e)(4)(A). Pub. L. 116–260, § 1002(g)(5)(E)(i), sub- stituted ‘‘December 27, 2020’’ for ‘‘December 18, 2012’’ and inserted ‘‘and water’’ before ‘‘use in’’. Subsec. (e)(4)(B)(ii). Pub. L. 116–260, § 1002(g)(5)(E)(ii), inserted ‘‘and water’’ after ‘‘energy’’ in introductory provisions. Subsec. (f)(1)(E) to (H). Pub. L. 116–260, § 1002(g)(6)(A), added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively. Subsec. (f)(2)(A). Pub. L. 116–260, § 1002(g)(6)(B)(i), in- serted ‘‘and water’’ before ‘‘use’’. Subsec. (f)(2)(B). Pub. L. 116–260, § 1002(g)(6)(B)(ii), struck out ‘‘energy’’ before ‘‘efficiency’’ and inserted ‘‘or water’’ before ‘‘use’’. Subsec. (f)(2)(C). Pub. L. 116–260, § 1002(g)(6)(B)(iii), added subpar. (C). Subsec. (f)(3), (4). Pub. L. 116–260, § 1002(g)(6)(C), added pars. (3) and (4) and struck out former pars. (3) and (4) which related to energy and water evaluations and im- plementation of identified energy and water efficiency measures. Subsec. (f)(7)(B)(ii)(II). Pub. L. 116–260, § 1002(g)(6)(D), inserted ‘‘and water’’ after ‘‘energy’’. Subsec. (f)(9)(A). Pub. L. 116–260, § 1002(g)(6)(E), in- serted ‘‘and water’’ after ‘‘energy’’ in introductory pro- visions. Subsec. (h). Pub. L. 116–260, § 1004, added subsec. (h). Subsec. (i). Pub. L. 116–260, § 1012, added subsec. (i). 2012—Subsec. (e)(3), (4). Pub. L. 112–210, § 8, added pars. (3) and (4) and struck out former par. (3). Prior to amendment, text read as follows: ‘‘Not later than 6 months after the date guidelines are established under paragraph (2), in a report submitted by the agency under section 8258(a) of this title, each agency shall submit to the Secretary a plan describing how the Page 7558 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8253 agency will implement the requirements of paragraph (1), including (A) how the agency will designate per- sonnel primarily responsible for achieving the require- ments and (B) demonstration by the agency, complete with documentation, of any finding that advanced me- ters or advanced metering devices, as defined in para- graph (1), are not practicable.’’ Subsec. (f). Pub. L. 112–210, § 9(1), redesignated subsec. (f) relating to large capital energy investments as (g). Subsec. (f)(7)(A). Pub. L. 112–210, § 9(2), added subpar. (A) and struck out former subpar. (A). Prior to amend- ment, text read as follows: ‘‘For each facility that meets the criteria established by the Secretary under paragraph (2)(B), the energy manager shall use the web- based tracking system under subparagraph (B) to cer- tify compliance with the requirements for— ‘‘(i) energy and water evaluations under paragraph (3); ‘‘(ii) implementation of identified energy and water measures under paragraph (4); and ‘‘(iii) follow-up on implemented measures under paragraph (5).’’ Subsec. (g). Pub. L. 112–210, § 9(1), redesignated subsec. (f) relating to large capital energy investments as (g). 2007—Subsec. (a)(1). Pub. L. 110–140, § 431, added table and struck out former table which listed percentage re- ductions for fiscal years as follows: 2 percent for fiscal year 2006, 4 percent for fiscal year 2007, 6 percent for fis- cal year 2008, 8 percent for fiscal year 2009, 10 percent for fiscal year 2010, 12 percent for fiscal year 2011, 14 percent for fiscal year 2012, 16 percent for fiscal year 2013, 18 percent for fiscal year 2014, and 20 percent for fiscal year 2015. Subsec. (e)(1). Pub. L. 110–140, § 434(b), inserted after second sentence ‘‘Not later than October 1, 2016, each agency shall provide for equivalent metering of natural gas and steam, in accordance with guidelines estab- lished by the Secretary under paragraph (2).’’ Subsec. (f). Pub. L. 110–140, § 434(a), added subsec. (f) relating to large capital energy investments. Pub. L. 110–140, § 432, added subsec. (f) relating to use of energy and water efficiency measures in Federal buildings. 2005—Subsec. (a)(1). Pub. L. 109–58, § 102(a)(1), sub- stituted provisions relating to reduction of energy con- sumption in fiscal years 2006 to 2015 as compared to consumption in fiscal year 2003 and table of percentages specifying amount of reduction in each fiscal year for provisions relating to energy consumption during fiscal year 1995 at least 10 percent less than consumption dur- ing fiscal year 1985 and energy consumption during fis- cal year 2000 at least 20 percent less than consumption during fiscal year 1985. Subsec. (a)(3). Pub. L. 109–58, § 102(b), added par. (3). Subsec. (c)(1). Pub. L. 109–58, § 102(c), added par. (1) and struck out former par. (1) which read as follows: ‘‘An agency may exclude, from the energy consumption requirements for the year 2000 established under sub- section (a) and the requirements of subsection (b)(1), any Federal building or collection of Federal buildings, and the associated energy consumption and gross square footage, if the head of such agency finds that compliance with such requirements would be imprac- tical. A finding of impracticability shall be based on the energy intensiveness of activities carried out in such Federal buildings or collection of Federal build- ings, the type and amount of energy consumed, the technical feasibility of making the desired changes, and, in the cases of the Departments of Defense and En- ergy, the unique character of certain facilities operated by such Departments.’’ Subsec. (c)(2). Pub. L. 109–58, § 102(d), substituted ‘‘standards for exclusion’’ for ‘‘impracticability stand- ards’’, ‘‘the exclusion’’ for ‘‘a finding of imprac- ticability’’, and ‘‘requirements of subsections (a) and (b)(1)’’ for ‘‘energy consumption requirements’’. Subsec. (c)(3). Pub. L. 109–58, § 102(e), added par. (3). Subsec. (e). Pub. L. 109–58, § 103, added subsec. (e). 1995—Subsec. (b)(2). Pub. L. 104–66 in last sentence in- serted ‘‘, as part of the report required under section 8258(b) of this title,’’ after ‘‘the Secretary shall’’ and struck out ‘‘promptly’’ after ‘‘Congress’’. 1992—Pub. L. 102–486, § 152(b)(1), substituted ‘‘require- ments’’ for ‘‘goals’’ in section catchline. Subsec. (a). Pub. L. 102–486, § 152(b)(2), (3), in heading substituted ‘‘requirement’’ for ‘‘goal’’ and in par. (1) in- serted before period at end ‘‘and so that the energy con- sumption per gross square foot of its Federal buildings in use during the fiscal year 2000 is at least 20 percent less than the energy consumption per gross square foot of its Federal buildings in use during fiscal year 1985’’. Subsecs. (b), (c). Pub. L. 102–486, § 152(b)(4), added sub- secs. (b) and (c). Former subsec. (b) redesignated (d). Subsec. (d). Pub. L. 102–486, § 152(b)(4), (c)(1), redesig- nated subsec. (b) as (d) and in introductory provisions substituted ‘‘The Secretary shall consult with the Sec- retary of Defense and the Administrator of General Services in developing guidelines for the implementa- tion of this part. To meet the requirements of this sec- tion,’’ for ‘‘To achieve the goal established in sub- section (a),’’. Subsec. (d)(1). Pub. L. 102–486, § 152(c)(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘prepare or update, within 6 months after November 5, 1988, a plan describing how the agency intends to meet such goal, including how it will implement this part, designate personnel primarily responsible for achieving such goal, and identify high priority projects;’’. Subsec. (d)(2). Pub. L. 102–486, § 152(c)(3), inserted be- fore semicolon at end ‘‘and update such surveys as needed, incorporating any relevant information ob- tained from the survey conducted pursuant to section 8258b of this title’’. Subsec. (d)(3) to (5). Pub. L. 102–486, § 152(c)(4), (5), added pars. (3) and (4), redesignated former par. (4) as (5), and struck out former par. (3) which read as fol- lows: ‘‘using such surveys, apply energy conservation measures in a manner which will attain the goal estab- lished in subsection (a) in the most cost-effective man- ner practicable; and’’. 1988—Pub. L. 100–615 amended section generally, sub- stituting energy management goals statement for statement of purpose to promote (1) use of commonly accepted methods to establish and compare life cycle costs of operating Federal buildings, and life cycle fuel and energy requirements of such buildings, with and without special features for energy conservation and (2) use of solar heating and cooling and other renewable energy sources in Federal 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. WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. REPORTING BASELINE Pub. L. 109–58, title I, § 102(a)(2), Aug. 8, 2005, 119 Stat. 606, provided that: ‘‘The energy reduction goals and baseline established in paragraph (1) of section 543(a) of the National Energy Conservation Policy Act (42 U.S.C. 8253(a)(1)), as amended by this subsection, supersede all previous goals and baselines under such paragraph, and related reporting requirements.’’ SURVEY OF ENERGY SAVING POTENTIAL Pub. L. 100–615, § 3, Nov. 5, 1988, 102 Stat. 3189, which authorized Secretary of Energy to carry out an energy survey to determine maximum potential cost effective 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.