40 U.S.C. § 3313 — Procurement of life-cycle cost effective

Page 137 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3313 through loan or mortgage insurance premiums, of a newly constructed building or of an alteration of an ex- isting building above 5,000 gross square feet within the wildland-urban interface at moderate or greater wild- fire risk shall consider updating its procedures for pro- viding the assistance to be consistent with sections 2(a) and 2(b) of this order, to ensure appropriate consider- ation of wildfire-resistant design and construction. (g) To the extent permitted by law, the heads of all agencies may: (i) require higher performance levels than exist in the codes described in section 2(a) of this order; (ii) apply the requirements within section 2(a) of this order to new buildings less than 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk; and (iii) apply the requirements within section 2(b) of this order to existing buildings less than 5,000 gross square feet on Federal land within the wildland-urban inter- face at moderate or greater wildfire risk. (h) When calculating whether a building is at mod- erate or greater wildfire risk, agencies should act in ac- cordance with the methods described in the 2015 edition of the IWUIC, or any subsequent version that is deter- mined to be a nationally recognized code for the pur- poses of 40 U.S.C. 3312(b), or an equivalent code, or in accordance with an equivalent method. (i) Each building constructed or altered in accordance with section 2(a) or (b) of this order shall comply with the IWUIC, or an equivalent code, only to the max- imum extent feasible as determined by the head of an agency. SEC. 3. Agency Responsibilities. (a) The heads of all agencies that own Federal buildings above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk shall de- termine the appropriate process within their respective agencies to ensure compliance with this order. (b) The Mitigation Framework Leadership Group (MitFLG) shall: (i) create implementing guidelines to advise and as- sist agency compliance with the code requirements within 240 days of the date of this order; (ii) provide assistance to the agencies in interpreting the implementing guidelines. (c) When determining whether buildings are located within the wildland-urban interface, agencies shall use the U.S. Department of Agriculture Forest Service’s, ‘‘The 2010 Wildland-Urban Interface of the Conterminous United States,’’ or an equivalent tool. The Secretary of Agriculture shall provide assistance to the agencies in determining whether buildings are located within the wildland-urban interface. (d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall submit a re- port once every 2 years to the Chair of the MitFLG on their progress in implementing the order, commencing 2 years from the date of this order. SEC. 4. Definition. As used in this order, ‘‘building’’ means a constructed asset that is enclosed with walls and a roof that provides space for agencies to perform activities or store materials as well as provides spaces for people to live or work. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law, including the National Historic Preser- vation Act of 1966, and subject to the availability of ap- propriations. (c) This order applies only to buildings within the United States and its territories and possessions. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 3313. Procurement of life-cycle cost effective and energy efficient lighting systems (a) DEFINITIONS.—In this section: (1) ADMINISTRATOR.—The term ‘‘Adminis- trator’’ means the Administrator of General Services. (2) LIGHTING SYSTEM.—The term ‘‘lighting system’’ means the elements required to main- tain a desired light level, including lamps, light fixtures, fixture distribution, sensors and control technologies, interior design elements, and daylighting sources. (b) PROCUREMENT.— (1) IN GENERAL.—To the maximum extent practicable, the Administrator shall— (A) procure the most life-cycle cost effec- tive and energy efficient lighting systems; and (B) ensure that procurements after the date of enactment of the BRIGHT Act of lighting systems or the individual compo- nents of lighting systems maximize life- cycle cost effectiveness and energy effi- ciency. (2) USE.—Each public building constructed, altered, acquired, or leased by the Adminis- trator shall be equipped, to the maximum ex- tent practicable as determined by the Admin- istrator, with the most life-cycle cost effective and energy efficient lighting systems for each application. (c) MAINTENANCE OF PUBLIC BUILDINGS.—Each individual component of a lighting system, in- cluding a lamp or fixture, that is replaced by the Administrator in the normal course of mainte- nance of public buildings shall be replaced, to the maximum extent practicable, with the most life-cycle cost effective and energy efficient lighting system possible for the application. (d) CONSIDERATIONS.— (1) CONTRACTING OPTIONS.—In carrying out this section, the Administrator shall consider appropriate contracting options for the pro- curement of the most life-cycle cost effective and energy efficient lighting systems. (2) PROCUREMENT AND USE.—In making a de- termination under this section concerning the practicability of procuring and installing the most life-cycle cost effective and energy effi- cient lighting system, the Administrator shall consider— (A) the compatibility of the lighting sys- tem with existing equipment, including con- sideration of a cost effective retrofit; (B) whether procurement and use of the lighting system could result in interference with productivity; (C) the aesthetics relating to the use of the lighting system; and (D) such other factors as the Adminis- trator determines to be appropriate. (e) LIFE-CYCLE COST EFFECTIVE.—The Admin- istrator shall use the procedures and methods established under section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)) in determining whether a lighting sys- tem is life-cycle cost effective. (f) ENERGY STAR.—A lighting system shall be treated as being energy efficient for purposes of this section if— Page 138 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3314 1 See References in Text note below. (1) the lighting system or the individual components of the lighting system are cer- tified under the Energy Star program estab- lished by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); (2) in the case of all light-emitting diode (LED) luminaires, lamps, and systems whose efficacy (lumens per watt) and Color Ren- dering Index (CRI) meet the Department of Energy requirements for minimum luminaire efficacy and CRI for the Energy Star certifi- cation, as verified by an independent third- party testing laboratory that the Adminis- trator and the Secretary of Energy determine conducts its tests according to the procedures and recommendations of the Illuminating En- gineering Society of North America, even if the luminaires, lamps, and systems have not received such certification; or (3) the Administrator and the Secretary of Energy have otherwise determined that the lighting system is energy efficient. (g) ADDITIONAL ENERGY EFFICIENT LIGHTING DESIGNATIONS.—The Administrator of the Envi- ronmental Protection Agency and the Secretary of Energy shall give priority to establishing En- ergy Star performance criteria or Federal En- ergy Management Program designations for ad- ditional lighting product categories that are ap- propriate for procurement and use in public buildings. (h) GUIDELINES.—The Administrator shall de- velop guidelines for the procurement and use of energy efficient lighting technologies that con- tain mercury in child care centers in public buildings. (i) APPLICABILITY OF BUY AMERICAN ACT.—Ac- quisitions carried out pursuant to this section shall be subject to the requirements of the Buy American Act 1 (41 U.S.C. 10c et seq.). (Added Pub. L. 110–140, title III, § 323(c)(1)(B), Dec. 19, 2007, 121 Stat. 1590; amended Pub. L. 117–202, § 3(a), Oct. 17, 2022, 136 Stat. 2224.) Editorial Notes REFERENCES IN TEXT The date of enactment of the BRIGHT Act, referred to in subsec. (b)(1)(B), is the date of enactment of Pub. L. 117–202, which was approved Oct. 17, 2022. The Buy American Act, referred to in subsec. (i), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substan- tially repealed and restated in chapter 83 (§ 8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete clas- sification of this Act to the Code, see Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41. PRIOR PROVISIONS A prior section 3313 was renumbered section 3315 of this title. AMENDMENTS 2022—Pub. L. 117–202, § 3(a)(3), substituted ‘‘Procure- ment of life-cycle cost effective and energy efficient lighting systems’’ for ‘‘Use of energy efficient lighting fixtures and bulbs’’ in section catchline. Subsecs. (a) to (c). Pub. L. 117–202, § 3(a)(3), added sub- secs. (a) to (c) and struck out former subsecs. (a) to (c) which related to use of energy efficient lighting fix- tures and bulbs in new and existing public buildings. Subsecs. (d), (e). Pub. L. 117–202, § 3(a)(3), added sub- secs. (d) and (e). Former subsecs. (d) and (e) redesig- nated (f) and (g), respectively. Subsec. (f). Pub. L. 117–202, § 3(a)(2), (4)(A), redesig- nated subsec. (d) as (f) and substituted ‘‘lighting sys- tem’’ for ‘‘lighting fixture or bulb’’ in introductory pro- visions. Former subsec. (f) redesignated (h). Subsec. (f)(1). Pub. L. 117–202, § 3(a)(4)(B), substituted ‘‘the lighting system or the individual components of the lighting system are’’ for ‘‘the fixture or bulb is’’. Subsec. (f)(3). Pub. L. 117–202, § 3(a)(4)(C), substituted ‘‘lighting system’’ for ‘‘fixture or bulb’’. Subsec. (g). Pub. L. 117–202, § 3(a)(2), (5), redesignated subsec. (e) as (g) and inserted ‘‘procurement and’’ be- fore ‘‘use in public buildings’’. Former subsec. (g) redes- ignated (i). Subsec. (h). Pub. L. 117–202, § 3(a)(2), (6), redesignated subsec. (f) as (h) and inserted ‘‘procurement and’’ before ‘‘use of energy efficient’’. Former subsec. (h) struck out. Pub. L. 117–202, § 3(a)(1), struck out subsec. (h). Text read as follows: ‘‘The requirements of subsections (a) and (b) shall take effect 1 year after the date of enact- ment of this subsection.’’ Subsec. (i). Pub. L. 117–202, § 3(a)(2), redesignated sub- sec. (g) as (i). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. GUIDANCE Pub. L. 117–202, § 2, Oct. 17, 2022, 136 Stat. 2224, pro- vided that: ‘‘Not later than 1 year after the date of en- actment of this Act [Oct. 17, 2022], the Administrator of General Services shall— ‘‘(1) issue guidance to Federal agencies for the pro- curement and use of the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code) to increase the efficiency, effectiveness, and economy of the Federal Government; and ‘‘(2) publish on the internet or otherwise make available to State, local, and Tribal entities informa- tion on ways to improve efficiency, effectiveness, and economy by procuring and using the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code).’’ § 3314. Baby changing facilities in restrooms (a) ADDITIONAL REQUIREMENT FOR THE CON- STRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC BUILDINGS.—Except as provided in sub- section (b) and subject to any reasonable accom- modations that may be made for individuals in accordance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) restrooms in a public building shall be equipped with baby changing facilities that the Administrator determines are physically safe, sanitary, and appropriate. (b) EXCEPTIONS.—The requirement under sub- section (a) shall not apply— (1) to a restroom in a public building that is not available or accessible for public use; (2) to a restroom in a public building that contains clear and conspicuous signage indi- cating where a restroom with a baby changing table is located on the same floor of such pub- lic building;