42 U.S.C. § 8255 — Budget treatment for energy conservation

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those buildings, devise a plan for implementing such survey, and report its findings and conclusions to Congress, was repealed by Pub.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. Page 7560 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8256 1 See References in Text note below. § 8256. Incentives for agencies (a) Contracts (1) Each agency shall establish a program of incentives for conserving, and otherwise making more efficient use of, energy as a result of enter- ing into contracts under subchapter VII of this chapter. (2) The Secretary shall, not later than 18 months after October 24, 1992, and after con- sultation with the Director of the Office of Man- agement and Budget, the Secretary of Defense, and the Administrator of General Services, de- velop appropriate procedures and methods for use by agencies to implement the incentives re- ferred to in paragraph (1). (b) Federal Energy Efficiency Fund (1) The Secretary shall establish a Federal En- ergy Efficiency Fund to provide grants to agen- cies to assist them in meeting the requirements of section 8253 of this title. (2) Not later than June 30, 1993, the Secretary shall issue guidelines to be followed by agencies submitting proposals for such grants. All agen- cies shall be eligible to submit proposals for grants under the Fund. (3) The Secretary shall award grants from the Fund after a competitive assessment of the technical and economic effectiveness of each agency proposal. The Secretary shall consider the following factors in determining whether to provide funding under this subsection: (A) The cost-effectiveness of the project. (B) The amount of energy and cost savings anticipated to the Federal Government. (C) The amount of funding committed to the project by the agency requesting financial as- sistance. (D) The extent that a proposal leverages fi- nancing from other non-Federal sources. (E) Any other factor which the Secretary de- termines will result in the greatest amount of energy and cost savings to the Federal Gov- ernment. (4) There are authorized to be appropriated, to remain available to be expended, to carry out this subsection not more than $10,000,000 for fis- cal year 1994, $50,000,000 for fiscal year 1995, and such sums as may be necessary for fiscal years thereafter. (c) Utility incentive programs (1) Agencies are authorized and encouraged to participate in programs to increase energy effi- ciency and for water conservation or the man- agement of electricity demand conducted by gas, water, or electric utilities and generally available to customers of such utilities. (2) Each agency may accept any financial in- centive, goods, or services generally available from any such utility, to increase energy effi- ciency or to conserve water or manage elec- tricity demand. (3) Each agency is encouraged to enter into ne- gotiations with electric, water, and gas utilities to design cost-effective demand management and conservation incentive programs to address the unique needs of facilities utilized by such agency. (4) If an agency satisfies the criteria which generally apply to other customers of a utility incentive program, such agency may not be de- nied collection of rebates or other incentives. (d) Financial incentive program for facility en- ergy managers (1) The Secretary shall, in consultation with the Task Force established pursuant to section 8257 of this title, establish a financial bonus pro- gram to reward, with funds made available for such purpose, outstanding Federal facility en- ergy managers in agencies and the United States Postal Service. (2) Not later than June 1, 1993, the Secretary shall issue procedures for implementing and conducting the award program, including the criteria to be used in selecting outstanding en- ergy managers and contributors who have— (A) improved energy performance through increased energy efficiency; (B) implemented proven energy efficiency and energy conservation techniques, devices, equipment, or procedures; (C) developed and implemented training pro- grams for facility energy managers, operators, and maintenance personnel; (D) developed and implemented employee awareness programs; (E) succeeded in generating utility incen- tives, shared energy savings contracts, and other federally approved performance based energy savings contracts; (F) made successful efforts to fulfill compli- ance with energy reduction mandates, includ- ing the provisions of section 8253 of this title; and (G) succeeded in the implementation of the guidelines established under section 8262e 1 of this title. (3) There is authorized to be appropriated to carry out this subsection not more than $250,000 for each of the fiscal years 1993, 1994, and 1995. (e) Retention of energy and water savings An agency may retain any funds appropriated to that agency for energy expenditures, water expenditures, or wastewater treatment expendi- tures, at buildings subject to the requirements of section 8253(a) and (b) of this title, that are not made because of energy savings or water savings. Except as otherwise provided by law, such funds may be used only for energy effi- ciency, water conservation, or unconventional and renewable energy resources projects. Such projects shall be subject to the requirements of section 3307 of title 40. (Pub. L. 95–619, title V, § 546, Nov. 9, 1978, 92 Stat. 3278; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3187; Pub. L. 102–486, title I, § 152(f), Oct. 24, 1992, 106 Stat. 2846; Pub. L. 109–58, title I, § 102(f), Aug. 8, 2005, 119 Stat. 607; Pub. L. 110–140, title V, § 516, Dec. 19, 2007, 121 Stat. 1659.) Editorial Notes REFERENCES IN TEXT Section 8262e of this title, referred to in subsec. (d)(2)(G), was in the original ‘‘section 159’’ and was translated as meaning section 159 of Pub. L. 102–486, title I, Oct. 24, 1992, 106 Stat. 2857, which enacted sec-