42 U.S.C. § 8259b — Federal procurement of energy efficient

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. Page 7566 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8259b (3) Energy Star program The term ‘‘Energy Star program’’ means the program established by section 6294a of this title. (4) FEMP designated product The term ‘‘FEMP designated product’’ means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for energy efficiency. (5) Product The term ‘‘product’’ does not include any en- ergy consuming product or system designed or procured for combat or combat-related mis- sions. (b) Procurement of energy efficient products (1) Requirement To meet the requirements of an agency for an energy consuming product in a product cat- egory covered by the Energy Star program or the Federal Energy Management Program for designated products, the head of the agency shall, except as provided in paragraph (2), pro- cure— (A) an Energy Star product; or (B) a FEMP designated product. (2) Exceptions The head of an agency is not required to pro- cure an Energy Star product or FEMP des- ignated product under paragraph (1) if the head of the agency finds in writing that— (A) an Energy Star product or FEMP des- ignated product is not cost-effective over the life of the product taking energy cost sav- ings into account; or (B) no Energy Star product or FEMP des- ignated product is reasonably available that meets the functional requirements of the agency. (3) Procurement planning The head of an agency shall incorporate into the specifications for all procurements involv- ing energy consuming products and systems, including guide specifications, project speci- fications, and construction, renovation, and services contracts that include provision of energy consuming products and systems, and into the factors for the evaluation of offers re- ceived for the procurement, criteria for energy efficiency that are consistent with the criteria used for rating Energy Star products and for rating FEMP designated products. (c) Listing of energy efficient products in Fed- eral catalogs Energy Star products and FEMP designated products shall be clearly identified and promi- nently displayed in any inventory or listing of products by the General Services Administra- tion or the Defense Logistics Agency. The Gen- eral Services Administration or the Defense Lo- gistics Agency shall list in their catalogues, rep- resent as available, and supply only Energy Star products or FEMP designated products for all product categories covered by the Energy Star program or the Federal Energy Management Program, except in cases in which the head of the agency ordering a product specifies in writ- ing that no Energy Star product or FEMP des- ignated product is available to meet the buyer’s functional requirements, or that no Energy Star product or FEMP designated product is cost-ef- fective for the intended application over the life of the product, taking energy cost savings into account. (d) Specific products (1) In the case of electric motors of 1 to 500 horsepower, agencies shall select only premium efficient motors that meet a standard des- ignated by the Secretary. The Secretary shall designate such a standard not later than 120 days after August 8, 2005, after considering the recommendations of associated electric motor manufacturers and energy efficiency groups. (2) All Federal agencies are encouraged to take actions to maximize the efficiency of air conditioning and refrigeration equipment, in- cluding appropriate cleaning and maintenance, including the use of any system treatment or additive that will reduce the electricity con- sumed by air conditioning and refrigeration equipment. Any such treatment or additive must be— (A) determined by the Secretary to be effec- tive in increasing the efficiency of air condi- tioning and refrigeration equipment without having an adverse impact on air conditioning performance (including cooling capacity) or equipment useful life; (B) determined by the Administrator of the Environmental Protection Agency to be envi- ronmentally safe; and (C) shown to increase seasonal energy effi- ciency ratio (SEER) or energy efficiency ratio (EER) when tested by the National Institute of Standards and Technology according to De- partment of Energy test procedures without causing any adverse impact on the system, system components, the refrigerant or lubri- cant, or other materials in the system. Results of testing described in subparagraph (C) shall be published in the Federal Register for public review and comment. For purposes of this section, a hardware device or primary refrigerant shall not be considered an additive. (e) Federally-procured appliances with standby power (1) Definition of eligible product In this subsection, the term ‘‘eligible prod- uct’’ means a commercially available, off-the- shelf product that— (A)(i) uses external standby power devices; or (ii) contains an internal standby power function; and (B) is included on the list compiled under paragraph (4). (2) Federal purchasing requirement Subject to paragraph (3), if an agency pur- chases an eligible product, the agency shall purchase— (A) an eligible product that uses not more than 1 watt in the standby power consuming mode of the eligible product; or Page 7567 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8262a 1 See References in Text note below. 2 So in original. The word ‘‘means’’ probably should not appear. (B) if an eligible product described in sub- paragraph (A) is not available, the eligible product with the lowest available standby power wattage in the standby power con- suming mode of the eligible product. (3) Limitation The requirements of paragraph (2) shall apply to a purchase by an agency only if— (A) the lower-wattage eligible product is— (i) lifecycle cost-effective; and (ii) practicable; and (B) the utility and performance of the eli- gible product is not compromised by the lower wattage requirement. (4) Eligible products The Secretary, in consultation with the Sec- retary of Defense, the Administrator of the Environmental Protection Agency, and the Administrator of General Services, shall com- pile a publicly accessible list of cost-effective eligible products that shall be subject to the purchasing requirements of paragraph (2). (f) Regulations Not later than 180 days after August 8, 2005, the Secretary shall issue guidelines to carry out this section. (Pub. L. 95–619, title V, § 553, as added Pub. L. 109–58, title I, § 104(a), Aug. 8, 2005, 119 Stat. 609; amended Pub. L. 110–140, title V, §§ 524, 525(a), Dec. 19, 2007, 121 Stat. 1662, 1663.) Editorial Notes AMENDMENTS 2007—Subsec. (b)(1). Pub. L. 110–140, § 525(a)(1), in- serted ‘‘in a product category covered by the Energy Star program or the Federal Energy Management Pro- gram for designated products’’ after ‘‘energy con- suming product’’ in introductory provisions. Subsec. (c). Pub. L. 110–140, § 525(a)(2), in second sen- tence, inserted ‘‘list in their catalogues, represent as available, and’’ after ‘‘shall’’ and substituted ‘‘in which the head of the agency’’ for ‘‘where the agency’’. Subsecs. (e), (f). Pub. L. 110–140, § 524, added subsec. (e) and redesignated former subsec. (e) as (f). 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. CATALOGUE LISTING DEADLINE Pub. L. 110–140, title V, § 525(b), Dec. 19, 2007, 121 Stat. 1663, provided that: ‘‘Not later than 9 months after the date of enactment of this Act [Dec. 19, 2007], the Gen- eral Services Administration and the Defense Logistics Agency shall ensure that the requirement established by the amendment made by subsection (a)(2)(A) [amending this section] has been fully complied with.’’ §§ 8260, 8261. Omitted Editorial Notes CODIFICATION Sections 8260 and 8261 were omitted in the general amendment of this part by Pub. L 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185. Section 8260, Pub. L. 95–619, title V, § 550, Nov. 9, 1978, 92 Stat. 3280, directed each Federal agency to periodi- cally furnish Secretary with full and complete informa- tion on its activities under this part, and directed Sec- retary to annually submit to Congress a comprehensive report on all activities under this part and on progress made toward achievement of objectives of this part. Section 8261, Pub. L. 95–619, title V, § 551, Nov. 9, 1978, 92 Stat. 3280, authorized to be appropriated to Sec- retary not to exceed $2,000,000 for fiscal year ending Sept. 30, 1979, to enable Secretary to perform analytical and administrative functions under this part. § 8262. Definitions For purposes of this subtitle— 1 (1) the term ‘‘agency’’ means 2 has the mean- ing given such term in section 551(1) of title 5, except that such term does not include the United States Postal Service; (2) the term ‘‘facility energy supervisor’’ means the employee with responsibility for the daily operations of a Federal facility, in- cluding the management, installation, oper- ation, and maintenance of energy systems in Federal facilities which may include more than one building; (3) the term ‘‘trained energy manager’’ means a person who has demonstrated pro- ficiency, or who has completed a course of study in the areas of fundamentals of building energy systems, building energy codes and ap- plicable professional standards, energy ac- counting and analysis, life-cycle cost method- ology, fuel supply and pricing, and instrumen- tation for energy surveys and audits; (4) the term ‘‘Task Force’’ means the Inter- agency Energy Management Task Force estab- lished under section 8257 of this title; and (5) the term ‘‘energy conservation meas- ures’’ has the meaning given such term in sec- tion 8259(4) of this title. (Pub. L. 102–486, title I, § 151, Oct. 24, 1992, 106 Stat. 2843.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle F (§§ 151–168) of title I of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2843, which enacted this section and sections 8258a, 8258b, 8262a to 8262k of this title, amended sec- tions 8252 to 8256, 8258, 8259, 8287, and 8287c of this title and section 490 of former Title 40, Public Buildings, Property, and Works, enacted provisions set out as notes under section 8262h of this title and former sec- tion 1815 of Title 2, The Congress, and repealed provi- sions set out as a note under section 8253 of this title. For complete classification of subtitle F to the Code, see Tables. CODIFICATION Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Con- servation Policy Act which comprises this chapter. § 8262a. Report by General Services Administra- tion Not later than one year after October 24, 1992, and annually thereafter, the Administrator of General Services shall report to the Committee