42 U.S.C. § 8252 — Purpose

Page 7549 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8252 (b) Contents of proposals Proposals under paragraph (1)(A) of subsection (a) shall include a list of the specific Federal buildings proposed to be provided with solar en- ergy equipment, the funds necessary for the ac- quisition and installation of such equipment, the proposed implementation schedule, mainte- nance costs, the estimated savings in fossil fuels and electricity, the estimated payback time, and such other information as may be required by the Secretary. (c) Initial submission of proposals Under the requirements established under sub- section (a)(1)(A), initial proposals for the instal- lation of solar energy equipment in Federal buildings selected under subsection (a)(1)(A) shall be submitted not later than 180 days after the date of promulgation of the rule under sub- section (a)(1). (d) Program to disseminate information to Fed- eral procurement and loan officers In order to more widely disseminate informa- tion about the program under this part and under part B and the benefits of renewable en- ergy and energy efficiency technology, the Sec- retary shall establish a program which includes site visits and technical briefings, to dissemi- nate such information to Federal procurement officers and Federal loan officers. The Secretary shall utilize available funds for the program under this subsection. (Pub. L. 95–619, title V, § 523, Nov. 9, 1978, 92 Stat. 3276; Pub. L. 101–218, § 8(a), Dec. 11, 1989, 103 Stat. 1868.) Editorial Notes AMENDMENTS 1989—Subsec. (d). Pub. L. 101–218 added subsec. (d). § 8244. Authorization of appropriations There are authorized to be appropriated to the Secretary through fiscal year ending September 30, 1980, to carry out the purposes of this part not to exceed $100,000,000. Funds so appropriated may be transferred by the Secretary to any Fed- eral agency to the extent necessary to carry out the purposes of section 8243(a)(3) of this title. (Pub. L. 95–619, title V, § 524, Nov. 9, 1978, 92 Stat. 3277.) PART B—FEDERAL ENERGY MANAGEMENT § 8251. Findings The Congress finds that— (1) the Federal Government is the largest single energy consumer in the Nation; (2) the cost of meeting the Federal Govern- ment’s energy requirement is substantial; (3) there are significant opportunities in the Federal Government to conserve and make more efficient use of energy through improved operations and maintenance, the use of new energy efficient technologies, and the applica- tion and achievement of energy efficient de- sign and construction; (4) Federal energy conservation measures can be financed at little or no cost to the Fed- eral Government by using private investment capital made available through contracts au- thorized by subchapter VII of this chapter; and (5) an increase in energy efficiency by the Federal Government would benefit the Nation by reducing the cost of government, reducing national dependence on foreign energy re- sources, and demonstrating the benefits of greater energy efficiency to the Nation. (Pub. L. 95–619, title V, § 541, Nov. 9, 1978, 92 Stat. 3277; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–615 amended Congressional findings provisions generally. Executive Documents EXECUTIVE ORDER NO. 13123 Ex. Ord. No. 13123, June 3, 1999, 64 F.R. 30851, which di- rected the Federal Government to reduce greenhouse gas emissions, energy consumption, and water usage and required agencies to develop an annual implemen- tation plan, to request funding necessary to achieve the goals of this order, and to make annual progress re- ports to the President, was revoked by Ex. Ord. No. 13423, § 11(a)(ii), Jan. 24, 2007, 72 F.R. 3923, formerly set out in a note under section 4321 of this title. EX. ORD. NO. 13221. ENERGY EFFICIENT STANDBY POWER DEVICES Ex. Ord. No. 13221, July 31, 2001, 66 F.R. 40571, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Energy Conservation Policy Act (Public Law 95–619, 92 Stat. 3206, 42 U.S.C. 8252 et seq.), as amended by the Energy Policy Act of 1992 (EPACT) (Public Law 102–486, 106 Stat. 2776), and section 301 of title 3, United States Code, and in order to further encourage energy conservation by the Fed- eral Government, it is hereby ordered as follows: SECTION 1. Energy Efficient Standby Power Devices. Each agency, when it purchases commercially avail- able, off-the-shelf products that use external standby power devices, or that contain an internal standby power function, shall purchase products that use no more than one watt in their standby power consuming mode. If such products are not available, agencies shall purchase products with the lowest standby power watt- age while in their standby power consuming mode. Agencies shall adhere to these requirements, when life- cycle cost-effective and practicable and where the rel- evant product’s utility and performance are not com- promised as a result. By December 31, 2001, and on an annual basis thereafter, the Department of Energy, in consultation with the Department of Defense and the General Services Administration, shall compile a pre- liminary list of products to be subject to these require- ments. The Department of Energy shall finalize the list and may remove products deemed inappropriate for listing. SEC. 2. Independent Agencies. Independent agencies are encouraged to comply with the provisions of this order. SEC. 3. Definition. ‘‘Agency’’ means an executive agen- cy as defined in 5 U.S.C. 105. For the purpose of this order, military departments, as defined in 5 U.S.C. 102, are covered by the Department of Defense. GEORGE W. BUSH. § 8252. Purpose It is the purpose of this part to promote the conservation and the efficient use of energy and 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.