42 U.S.C. § 8258a — Demonstration of new technology

Page 7563 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8258a Subsec. (c). Pub. L. 102–486, § 152(g)(2), added subsec. (c). 1988—Pub. L. 100–615 amended section generally, sub- stituting provisions relating to reports to Secretary and Congress for former requirement that in leasing Federal buildings for its own use or that of another Federal agency, each Federal agency should give appro- priate preference to buildings which used solar heating and cooling equipment or other renewable energy sources or which otherwise minimized life cycle costs. 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 16th item on page 89 identifies a reporting provision which, as subse- quently amended, is contained in subsec. (b) of this sec- tion), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 8258a. Demonstration of new technology (a) Demonstration program Not later than January 1, 1994, the Secretary, in cooperation with the Administrator of Gen- eral Services, shall establish a demonstration program to install, in federally owned facilities or federally assisted housing, energy conserva- tion measures for which the Secretary has de- termined that such installation would accel- erate commercial viability. In those cases where technologies are determined to be equivalent, priority shall be given to those technologies that have received or are receiving Federal fi- nancial assistance. (b) Selection criteria In addition to the determination under sub- section (a), the Secretary shall select, in co- operation with the Administrator of General Services, proposals to be funded under this sec- tion on the basis of— (1) cost-effectiveness; (2) technical feasibility and system reli- ability in a working environment; (3) lack of market penetration in the Federal sector; (4) the potential needs of the proposing Fed- eral agency for the technology, projected over 5 to 10 years; (5) the potential Federal sector market, pro- jected over 5 to 10 years; (6) energy efficiency; and (7) other environmental benefits, including the projected reduction of greenhouse gas emissions and indoor air pollution. (c) Proposals Federal agencies may submit to the Secretary, for each fiscal year, proposals for projects to be funded by the Secretary under this section. Each such proposal shall include— (1) a description of the proposed project em- phasizing the innovative use of technology in the Federal sector; (2) a description of the technical reliability and cost-effectiveness data expected to be ac- quired; (3) an identification of the potential needs of the Federal agency for the technology; (4) a commitment to adopt the technology, if the project establishes its technical reliability and life cycle cost-effectiveness, to supply at least 10 percent of the Federal agency’s poten- tial needs identified under paragraph (3); (5) schedules and milestones for installing additional units; and (6) a technology transfer plan to publicize the results of the project. (d) Participation by GSA The Secretary may only select a project for funding under this section which is proposed to be carried out in a building under the jurisdic- tion of the General Services Administration if the project will be carried out by the Adminis- trator of General Services. If such project in- volves a total expenditure in excess of $1,600,000, no appropriation shall be made for such project unless such project has been approved by a reso- lution adopted by the Committee on Public Works and Transportation of the House of Rep- resentatives and the Committee on Environ- ment and Public Works of the Senate. (e) Study The Secretary shall conduct a study to evalu- ate the potential use of the purchasing power of the Federal Government to promote the devel- opment and commercialization of energy effi- cient products. The study shall identify prod- ucts for which there is a high potential for Fed- eral purchasing power to substantially promote their development and commercialization, and shall include a plan to develop such potential. The study shall be conducted in consultation with utilities, manufacturers, and appropriate nonprofit organizations concerned with energy efficiency. The Secretary shall report to the Congress on the results of the study not later than two years after October 24, 1992. (f) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section $5,000,000 for each of the fiscal years 1993, 1994, and 1995. (Pub. L. 95–619, title V, § 549, as added Pub. L. 102–486, title I, § 152(h)(2), Oct. 24, 1992, 106 Stat. 2848.) Editorial Notes PRIOR PROVISIONS A prior section 549 of Pub. L. 95–619 was renumbered section 551 and is classified to section 8259 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME 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, The Con- gress. 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.