42 U.S.C. § 17061 — Definitions

Page 8953 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17061 1 See References in Text note below. 2 So in original. Does not fit with cl. (ii) introductory provi- sion. § 17054. Biofuels distribution and advanced biofuels infrastructure (a) In general The Secretary, in coordination with the Sec- retary of Transportation and in consultation with the Administrator of the Environmental Protection Agency, shall carry out a program of research, development, and demonstration relat- ing to existing transportation fuel distribution infrastructure and new alternative distribution infrastructure. (b) Focus The program described in subsection (a) shall focus on the physical and chemical properties of biofuels and efforts to prevent or mitigate against adverse impacts of those properties in the areas of— (1) corrosion of metal, plastic, rubber, cork, fiberglass, glues, or any other material used in pipes and storage tanks; (2) dissolving of storage tank sediments; (3) clogging of filters; (4) contamination from water or other adulterants or pollutants; (5) poor flow properties related to low tem- peratures; (6) oxidative and thermal instability in long- term storage and uses; (7) microbial contamination; (8) problems associated with electrical con- ductivity; and (9) such other areas as the Secretary con- siders appropriate. (Pub. L. 110–140, title II, § 248, Dec. 19, 2007, 121 Stat. 1548.) 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. SUBCHAPTER III—ENERGY SAVINGS IN BUILDINGS AND INDUSTRY § 17061. Definitions In this title: 1 (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of General Services. (2) Advisory Committee The term ‘‘Advisory Committee’’ means the Green Building Advisory Committee estab- lished under section 484.1 (3) Commercial Director The term ‘‘Commercial Director’’ means the individual appointed to the position estab- lished under section 17081 of this title. (4) Consortium The term ‘‘Consortium’’ means the High- Performance Green Building Partnership Con- sortium created in response to section 17092(c)(1) of this title to represent the private sector in a public-private partnership to pro- mote high-performance green buildings and zero-net-energy commercial buildings. (5) Cost-effective lighting technology (A) In general The term ‘‘cost-effective lighting tech- nology’’ means a lighting technology that— (i) will result in substantial operational cost savings by ensuring an installed con- sumption of not more than 1 watt per square foot; or (ii) is contained in a list under— (I) section 8259b of this title; (II) Federal acquisition regulation 23–203; and (III) is at least as energy-conserving as required by other provisions of this Act, including the requirements of this title 1 and title III 1 which shall be applicable to the extent that they would achieve greater energy savings than provided under clause (i) or this clause.2 (B) Inclusions The term ‘‘cost-effective lighting tech- nology’’ includes— (i) lamps; (ii) ballasts; (iii) luminaires; (iv) lighting controls; (v) daylighting; and (vi) early use of other highly cost-effec- tive lighting technologies. (6) Cost-effective technologies and practices The term ‘‘cost-effective technologies and practices’’ means a technology or practice that— (A) will result in substantial operational cost savings by reducing electricity or fossil fuel consumption, water, or other utility costs, including use of geothermal heat pumps; (B) complies with the provisions of section 8259b of this title and Federal acquisition regulation 23–203; and (C) is at least as energy and water con- serving as required under this title,1 includ- ing sections 431 through 435, and title V,1 in- cluding sections 511 through 525, which shall be applicable to the extent that they are more stringent or require greater energy or water savings than required by this section. (7) Federal Director The term ‘‘Federal Director’’ means the in- dividual appointed to the position established under section 17092(a) of this title. (8) Federal facility The term ‘‘Federal facility’’ means any building that is constructed, renovated, leased, or purchased in part or in whole for use by the Federal Government. (9) Operational cost savings (A) In general The term ‘‘operational cost savings’’ means a reduction in end-use operational Page 8954 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17061 costs through the application of cost-effec- tive technologies and practices or geo- thermal heat pumps, including a reduction in electricity consumption relative to con- sumption by the same customer or at the same facility in a given year, as defined in guidelines promulgated by the Adminis- trator pursuant to section 7628(b) of this title, that achieves cost savings sufficient to pay the incremental additional costs of using cost-effective technologies and prac- tices including geothermal heat pumps by not later than the later of the date estab- lished under sections 431 through 434,1 or— (i) for cost-effective technologies and practices, the date that is 5 years after the date of installation; and (ii) for geothermal heat pumps, as soon as practical after the date of installation of the applicable geothermal heat pump. (B) Inclusions The term ‘‘operational cost savings’’ in- cludes savings achieved at a facility as a re- sult of— (i) the installation or use of cost-effec- tive technologies and practices; or (ii) the planting of vegetation that shades the facility and reduces the heat- ing, cooling, or lighting needs of the facil- ity. (C) Exclusion The term ‘‘operational cost savings’’ does not include savings from measures that would likely be adopted in the absence of cost-effective technology and practices pro- grams, as determined by the Administrator. (10) Geothermal heat pump The term ‘‘geothermal heat pump’’ means any heating or air conditioning technology that— (A) uses the ground or ground water as a thermal energy source to heat, or as a ther- mal energy sink to cool, a building; and (B) meets the requirements of the Energy Star program of the Environmental Protec- tion Agency applicable to geothermal heat pumps on the date of purchase of the tech- nology. (11) GSA facility (A) In general The term ‘‘GSA facility’’ means any build- ing, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility) that— (i) is constructed (including facilities constructed for lease), renovated, or pur- chased, in whole or in part, by the Admin- istrator for use by the Federal Govern- ment; or (ii) is leased, in whole or in part, by the Administrator for use by the Federal Gov- ernment— (I) except as provided in subclause (II), for a term of not less than 5 years; or (II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and prac- tices would result in the payback of ex- penses. (B) Inclusion The term ‘‘GSA facility’’ includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support sys- tems of the buildings, structures, and facili- ties). (C) Exemption The Administrator may exempt from the definition of ‘‘GSA facility’’ under this para- graph a building, structure, or facility that meets the requirements of section 8253(c) of this title. (12) High-performance building The term ‘‘high-performance building’’ means a building that integrates and opti- mizes on a life cycle basis all major high per- formance attributes, including energy con- servation, environment, safety, security, dura- bility, accessibility, cost-benefit, produc- tivity, sustainability, functionality, and oper- ational considerations. (13) High-performance green building The term ‘‘high-performance green building’’ means a high-performance building that, dur- ing its life-cycle, as compared with similar buildings (as measured by Commercial Build- ings Energy Consumption Survey or Residen- tial Energy Consumption Survey data from the Energy Information Agency)— (A) reduces energy, water, and material re- source use; (B) improves indoor environmental qual- ity, including reducing indoor pollution, im- proving thermal comfort, and improving lighting and acoustic environments that af- fect occupant health and productivity; (C) reduces negative impacts on the envi- ronment throughout the life-cycle of the building, including air and water pollution and waste generation; (D) increases the use of environmentally preferable products, including biobased, re- cycled content, and nontoxic products with lower life-cycle impacts; (E) increases reuse and recycling opportu- nities; (F) integrates systems in the building; (G) reduces the environmental and energy impacts of transportation through building location and site design that support a full range of transportation choices for users of the building; and (H) considers indoor and outdoor effects of the building on human health and the envi- ronment, including— (i) improvements in worker productivity; (ii) the life-cycle impacts of building ma- terials and operations; and (iii) other factors that the Federal Direc- tor or the Commercial Director consider to be appropriate. (14) Life-cycle The term ‘‘life-cycle’’, with respect to a high-performance green building, means all stages of the useful life of the building (includ- ing components, equipment, systems, and con- trols of the building) beginning at conception Page 8955 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17062 of a high-performance green building project and continuing through site selection, design, construction, landscaping, commissioning, op- eration, maintenance, renovation, deconstruction or demolition, removal, and re- cycling of the high-performance green build- ing. (15) Life-cycle assessment The term ‘‘life-cycle assessment’’ means a comprehensive system approach for measuring the environmental performance of a product or service over the life of the product or serv- ice, beginning at raw materials acquisition and continuing through manufacturing, trans- portation, installation, use, reuse, and end-of- life waste management. (16) Life-cycle costing The term ‘‘life-cycle costing’’, with respect to a high-performance green building, means a technique of economic evaluation that— (A) sums, over a given study period, the costs of initial investment (less resale value), replacements, operations (including energy use), and maintenance and repair of an investment decision; and (B) is expressed— (i) in present value terms, in the case of a study period equivalent to the longest useful life of the building, determined by taking into consideration the typical life of such a building in the area in which the building is to be located; or (ii) in annual value terms, in the case of any other study period. (17) Office of Commercial High-Performance Green Buildings The term ‘‘Office of Commercial High-Per- formance Green Buildings’’ means the Office of Commercial High-Performance Green Build- ings established under section 17081(a) of this title. (18) Office of Federal High-Performance Green Buildings The term ‘‘Office of Federal High-Perform- ance Green Buildings’’ means the Office of Federal High-Performance Green Buildings es- tablished under section 17092(a) of this title. (19) Practices The term ‘‘practices’’ means design, financ- ing, permitting, construction, commissioning, operation and maintenance, and other prac- tices that contribute to achieving zero-net-en- ergy buildings or facilities. (20) Zero-net-energy commercial building The term ‘‘zero-net-energy commercial building’’ means a commercial building that is designed, constructed, and operated to— (A) require a greatly reduced quantity of energy to operate; (B) meet the balance of energy needs from sources of energy that do not produce green- house gases; (C) therefore result in no net emissions of greenhouse gases; and (D) be economically viable. (Pub. L. 110–140, title IV, § 401, Dec. 19, 2007, 121 Stat. 1596.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, is title IV of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1596, which enacted this subchapter, part C (§ 6341 et seq.) of subchapter III of chapter 77 of this title, sections 6371h–1 and 7628 of this title, and subchapter V (§ 2695 et seq.) of chapter 53 of Title 15, Commerce and Trade, amended sections 6832, 6834, 6862, 6872, 8253, 8254, and 12709 of this title, and en- acted provisions set out as notes under sections 6834 and 6872 of this title. For complete classification of title IV to the Code, see Tables. Section 484, referred to in par. (2), probably should be a reference to section 494 of Pub. L. 110–140, which is classified to section 17123 of this title. This Act, referred to in par. (5)(A)(ii)(III), is Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1492, known as the En- ergy Independence and Security Act of 2007, which en- acted this chapter and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 17001 of this title and Tables. Title III, referred to in par. (5)(A)(ii)(III), is title III of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1549, which en- acted section 3313 of Title 40, Public Buildings, Prop- erty, and Works, amended sections 6291 to 6295, 6297, 6302, 6304, 6311, 6313 to 6316, 15821, and 16191 of this title and sections 3307, 3310, and 3314 to 3316 of Title 40, and enacted provisions set out as notes under sections 6291, 6294, 6295, and 6313 of this title. For complete classifica- tion of title III to the Code, see Tables. Sections 431 through 435, referred to in pars. (6)(C) and 9(A), are sections 431 to 435 of Pub. L. 110–140. Sec- tions 431 to 434 amended sections 6832, 6834, and 8253 of this title and enacted provisions set out as a note under section 6834 of this title. Section 435 enacted section 17091 of this title. Title V, referred to in par. (6)(C), is title V of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1655, which enacted sub- chapter IV (§ 17131 et seq.) of this chapter, part D (§ 8279) of subchapter III of chapter 91 of this title, and sections 1824, 2162a, and 2169 of Title 2, The Congress, amended sections 6325, 6834, 8256, 8258, 8259b, 8287, and 8287c of this title, section 2162 of Title 2, section 2913 of Title 10, Armed Forces, section 3203 of Title 15, Commerce and Trade, and section 2621 of Title 16, Conservation, and enacted provisions set out as a note under section 8259b of this title. For complete classification of title V to the Code, see Tables. Sections 511 through 525, referred to in par. (6)(C), are sections 511 to 525 of Pub. L. 110–140, which enacted part A (§ 17131) of subchapter IV of this chapter and section 17141 of this title, amended sections 6834, 8256, 8258, 8259b, 8287, and 8287c of this title and section 2913 of Title 10, Armed Forces, and enacted provisions set out as a note under section 8259b of this title. 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. § 17062. Energy efficiency in Federal and other buildings (a) Definitions In this section: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of General Services. (2) Cost-effective energy efficiency measure The term ‘‘cost-effective energy efficiency measure’’ means any building product, mate-