42 U.S.C. § 8257 — Interagency Energy Management Task

Page 7561 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8257 tion 8262e of this title, to reflect the probable intent of Congress. AMENDMENTS 2007—Subsec. (c)(5). Pub. L. 110–140 struck out par. (5) which read as follows: ‘‘(5)(A) An amount equal to fifty percent of the en- ergy and water cost savings realized by an agency (other than the Department of Defense) with respect to funds appropriated for any fiscal year beginning after fiscal year 1992 (including financial benefits resulting from energy savings performance contracts under sub- chapter VII of this chapter and utility energy effi- ciency rebates) shall, subject to appropriation, remain available for expenditure by such agency for additional energy efficiency measures which may include related employee incentive programs, particularly at those fa- cilities at which energy savings were achieved. ‘‘(B) Agencies shall establish a fund and maintain strict financial accounting and controls for savings re- alized and expenditures made under this subsection. Records maintained pursuant to this subparagraph shall be made available for public inspection upon re- quest.’’ 2005—Subsec. (e). Pub. L. 109–58 added subsec. (e). 1992—Subsec. (a). Pub. L. 102–486, § 152(f)(1), (2), sub- stituted ‘‘Contracts’’ for ‘‘In general’’ in heading, des- ignated existing provisions as par. (1), and redesignated former subsec. (b) as subsec. (a)(2) and amended it gen- erally. Prior to amendment, par. (2) read as follows: ‘‘The head of each agency shall, no later than 120 days after November 5, 1988, implement procedures for enter- ing into such contracts and for identifying, verifying, and utilizing, on a fiscal year basis, the cost savings re- sulting from such contracts.’’ Subsec. (b). Pub. L. 102–486, § 152(f)(4), added subsec. (b). Former subsec. (b) redesignated par. (2) of subsec. (a). Subsecs. (c), (d). Pub. L. 102–486, § 152(f)(3), (4), added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: ‘‘The portion of the funds appro- priated to an agency for energy expenses for a fiscal year that is equal to the amount of cost savings real- ized by such agency for such year from contracts en- tered into under subchapter VII of this chapter shall re- main available for obligation, without further appro- priation, to undertake additional energy conservation measures.’’ 1988—Pub. L. 100–615 amended section generally, sub- stituting statement of incentives for agencies for provi- sions relating to energy performance targets for Fed- eral buildings. 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. ENERGY EFFICIENCY AND WATER CONSERVATION MEASURES; USE OF REBATES AND SAVINGS Pub. L. 104–52, title VI, § 625, Nov. 19, 1995, 109 Stat. 502, provided that: ‘‘(a) Beginning in fiscal year 1996 and thereafter, for each Federal agency, except the Department of Defense (which has separate authority), and except as provided in Public Law 102–393, title IV, section 13 (40 U.S.C. 490g) [now 40 U.S.C. 592(f)] with respect to the Fund es- tablished pursuant to 40 U.S.C. 490(f) [now 40 U.S.C. 592(a)–(c)(1), (d), (e)], an amount equal to 50 percent of— ‘‘(1) the amount of each utility rebate received by the agency for energy efficiency and water conserva- tion measures, which the agency has implemented; and ‘‘(2) the amount of the agency’s share of the meas- ured energy savings resulting from energy-savings performance contracts, may be retained and credited to accounts that fund en- ergy and water conservation activities at the agency’s facilities, and shall remain available until expended for additional specific energy efficiency or water conserva- tion projects or activities, including improvements and retrofits, facility surveys, additional or improved util- ity metering, and employee training and awareness programs, as authorized by section 152(f) of the Energy Policy Act (Public Law 102–486) [amending this sec- tion]. ‘‘(b) The remaining 50 percent of each rebate, and the remaining 50 percent of the amount of the agency’s share of savings from energy-savings performance con- tracts, shall be transferred to the General Fund of the Treasury at the end of the fiscal year in which re- ceived.’’ § 8257. Interagency Energy Management Task Force (a) In general To assist the interagency committee orga- nized under section 7266 of this title to coordi- nate the activities of the Federal Government in promoting energy conservation and the efficient use of energy and in informing non-Federal enti- ties of the Federal experience in energy con- servation, the Secretary shall establish an Interagency Energy Management Task Force (hereafter in this section referred to as the ‘‘Task Force’’). (b) Members The Task Force shall be composed of the chief energy managers of agencies represented on the interagency committee organized under section 7266 of this title. (c) Duties The Task Force shall meet when the Secretary requests, but not less often than twice a year, to— (1) assess the progress of the various agen- cies in achieving energy savings; (2) collect and disseminate information to agencies, States, local governments, and the public on effective survey techniques, innova- tive approaches to the efficient use of energy, incentive programs developed under section 8256 of this title, innovative contracting meth- ods developed under subchapter VII of this chapter, the use of cogeneration facilities and renewable resources, and other technologies that promote the conservation and efficient use of energy; (3) coordinate energy surveys conducted by the agencies; (4) develop options for use in conserving en- ergy; (5) report to the committee organized under section 7266 of this title; and (6) review, from time to time as may be nec- essary, the regulations relating to building temperature settings to determine whether changes in such regulations would be appro- priate to assist in meeting the goals specified in section 8253 of this title. (Pub. L. 95–619, title V, § 547, Nov. 9, 1978, 92 Stat. 3279; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3187.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–615 amended section generally, sub- stituting provisions relating to creation of an Inter- Page 7562 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8258 1 See References in Text note below. agency Energy Management Task Force for provisions relating to energy audits and retrofitting of existing Federal buildings. § 8258. Reports (a) Reports to Secretary Each agency shall transmit a report to the Secretary, at times specified by the Secretary but at least annually, with complete informa- tion on its activities under this part, including information on— (1) the agency’s progress in achieving the goals established by section 8253 of this title; and (2) the procedures being used by the agency pursuant to section 8256(a)(2) of this title, the number of contracts entered into by such agency under subchapter VII of this chapter, the energy and cost savings that have resulted from such contracts and any termination pen- alty exposure, the use of such cost savings under section 8256(c) of this title, and any problem encountered in entering into such contracts and otherwise implementing section 8256 of this title. (b) Reports to the President and Congress The Secretary shall report, not later than April 2 of each year, with respect to each fiscal year beginning after November 5, 1988, to the President and Congress— (1) on all activities carried out under this part and on the progress made toward achieve- ment of the objectives of this part, including— (A) a copy of the list of the exclusions made under sections 8253(a)(2) and 8253(c)(3) of this title; (B) the information required under section 8253(b)(2) 1 of this title; and (C) a statement detailing the amount of funds awarded to each agency under section 8256(b) of this title, the energy and water conservation measures installed with such funds, the projected energy and water sav- ings to be realized from installed measures, and, for each installed measure for which the projected energy and water savings re- ported in the previous year were not real- ized, the percentage of such projected sav- ings that was not realized, the reasons such savings were not realized, and proposals for, and projected costs of, achieving such pro- jected savings in the future; (2) the number of contracts entered into by all agencies under subchapter VII of this chap- ter, the difficulties (if any) encountered in at- tempting to enter into such contracts, and proposed solutions to those difficulties; (3) the extent and nature of interagency ex- change of information concerning the con- servation and efficient utilization of energy; (4) the information required under section 8262g(d) of this title; and (5)(A) the status of the energy savings per- formance contracts and utility energy service contracts of each agency, to the extent that the information is not duplicative of informa- tion provided to the Secretary under a sepa- rate authority; (B) the quantity and investment value of the contracts for the previous year; (C) the guaranteed energy savings, or for contracts without a guarantee, the estimated energy savings, for the previous year, as com- pared to the measured energy savings for the previous year; (D) a forecast of the estimated quantity and investment value of contracts anticipated in the following year for each agency; and (E)(i) a comparison of the information de- scribed in subparagraph (B) and the forecast described in subparagraph (D) in the report of the previous year; and (ii) if applicable, the reasons for any dif- ferences in the data compared under clause (i). (c) Other report The Secretary, in consultation with the Ad- ministrator of General Services, shall— (1) conduct a study and evaluate legal, insti- tutional, and other constraints to connecting buildings owned or leased by the Federal Gov- ernment to district heating and district cool- ing systems; and (2) not later than 18 months after October 24, 1992, transmit to the Congress a report con- taining the findings and conclusions of such study, including recommendations for the de- velopment of streamlined processes for the consideration of connecting buildings owned or leased by the Federal Government to dis- trict heating and cooling systems. (Pub. L. 95–619, title V, § 548, Nov. 9, 1978, 92 Stat. 3279; Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3187; Pub. L. 102–486, title I, § 152(g), (i)(1), Oct. 24, 1992, 106 Stat. 2848, 2851; Pub. L. 104–66, title I, § 1052(d), Dec. 21, 1995, 109 Stat. 718; Pub. L. 109–58, title I, § 102(g), Aug. 8, 2005, 119 Stat. 608; Pub. L. 110–140, title V, § 511(b), Dec. 19, 2007, 121 Stat. 1658; Pub. L. 116–260, div. Z, title I, § 1002(a), Dec. 27, 2020, 134 Stat. 2422.) Editorial Notes REFERENCES IN TEXT Section 8253(b)(2) of this title, referred to in subsec. (b)(1)(B), was repealed, and a new section 8253(b)(2) was added which required the Secretary to report to Con- gress on any noncompliance by an agency with the re- quirements of section 8253(b)(1) of this title not later than January 1, 2022, and every 2 years thereafter, by Pub. L. 116–260, div. Z, title I, § 1002(g)(2)(B), Dec. 27, 2020, 134 Stat. 2423. AMENDMENTS 2020—Subsec. (b)(5). Pub. L. 116–260 added par. (5). 2007—Subsec. (a)(2). Pub. L. 110–140 inserted ‘‘and any termination penalty exposure’’ after ‘‘from such con- tracts’’. 2005—Subsec. (b). Pub. L. 109–58 inserted ‘‘the Presi- dent and’’ before ‘‘Congress’’ in heading and ‘‘President and’’ before ‘‘Congress’’ in introductory provisions. 1995—Subsec. (b)(1). Pub. L. 104–66, § 1052(d)(1), added subpar. (B) and redesignated former subpar. (B) as (C). Subsec. (b)(4). Pub. L. 104–66, § 1052(d)(2)–(4), added par. (4). 1992—Subsec. (a)(2). Pub. L. 102–486, § 152(i)(1)(A), sub- stituted ‘‘8256(a)(2)’’ for ‘‘8256(b)’’. Subsec. (b). Pub. L. 102–486, § 152(i)(1)(B), substituted ‘‘, not later than April 2 of each year,’’ for ‘‘annually,’’. Subsec. (b)(1). Pub. L. 102–486, § 152(g)(1), substituted ‘‘including—’’ and subpars. (A) and (B) for ‘‘including a copy of the list of the exclusions made under section 8253(a)(2) of this title;’’.