42 U.S.C. § 6364 — Operation of battery recharging stations

Page 6800 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6364 new oil distributed for a particular end use; and (ii) labeling standards applicable to con- tainers of recycled oil in order to carry out the purposes of this section. (B) Such labeling standards shall permit any container of recycled oil to bear a label indi- cating any particular end use for which a deter- mination of substantial equivalency has been made pursuant to subparagraph (A)(i). (2) Not later than the expiration of such 90-day period, the Administrator of the Environmental Protection Agency shall, by rule, prescribe la- beling standards applicable to containers of new oil, used oil, and recycled oil relating to the proper disposal of such oils after use. Such standards shall be designed to reduce, to the maximum extent practicable, environmental hazards and wasteful practices associated with the disposal of such oils after use. (e) Labeling standards Beginning on the effective date of the stand- ards prescribed pursuant to subsection (d)(1)(A)— (1) no rule or order of the Commission, other than the rules required to be prescribed pursu- ant to subsection (d)(1)(A), and no law, regula- tion, or order of any State or political subdivi- sion thereof may apply, or remain applicable, to any container of recycled oil, if such law, regulation, rule, or order requires any con- tainer of recycled oil, which container bears a label in accordance with the terms of the rules prescribed under subsection (d)(1)(A), to bear any label with respect to the comparative characteristics of such recycled oil with new oil which is not identical to that permitted by the rule respecting labeling standards pre- scribed under subsection (d)(1)(A)(ii); and (2) no rule or order of the Commission may require any container of recycled oil to also bear a label containing any term, phrase, or description which connotes less than substan- tial equivalency of such recycled oil with new oil. (f) Conformity of acts of Federal officials to Com- mission rules After the effective date of the rules required to be prescribed under subsection (d)(1)(A), all Federal officials shall act within their authority to carry out the purposes of this section, includ- ing— (1) revising procurement policies to encour- age procurement of recycled oil for military and nonmilitary Federal uses whenever such recycled oil is available at prices competitive with new oil procured for the same end use; and (2) educating persons employed by Federal and State governments and private sectors of the economy of the merits of recycled oil, the need for its use in order to reduce the drain on the Nation’s oil reserves, and proper disposal of used oil to avoid waste of such oil and to minimize environmental hazards associated with improper disposal. (Pub. L. 94–163, title III, § 383, Dec. 22, 1975, 89 Stat. 940; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes AMENDMENTS 1988—Subsec. (c). Pub. L. 100–418 substituted ‘‘Na- tional Institute of Standards and Technology’’ for ‘‘Na- tional Bureau of Standards’’ in two places. Statutory Notes and Related Subsidiaries APPLICABILITY OF LABELING STANDARDS Pub. L. 96–463, § 4(c), Oct. 15, 1980, 94 Stat. 2056, pro- vided: ‘‘Before the effective date of the labeling stand- ards required to be prescribed under section 383(d)(1)(A) of the Energy Policy and Conservation Act [subsec. (d)(1)(A) of this section], no requirement of any rule or order of the Federal Trade Commission may apply, or remain applicable, to any container of recycled oil (as defined in section 383(b) of such Act [subsec. (b) of this section]) if such requirement provides that the con- tainer must bear any label referring to the fact that it has been derived from previously used oil. Nothing in this subsection [this note] shall be construed to affect any labeling requirement applicable to recycled oil under any authority of law to the extent such require- ment relates to fitness for intended use or any other performance characteristic of such oil or to any char- acteristic of such oil other than that referred to in the preceding sentence.’’ § 6364. Operation of battery recharging stations in parking areas used by Federal employees (1) Authorization (A) In general The Administrator of General Services may install, construct, operate, and maintain on a reimbursable basis a battery recharging sta- tion (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdic- tion of the General Services Administration for the use of only privately owned vehicles of employees of the General Services Administra- tion, tenant Federal agencies, and others who are authorized to park in such area to the ex- tent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles. (B) Areas under other Federal agencies The Administrator of General Services (on the request of a Federal agency) or the head of a Federal agency may install, construct, oper- ate, and maintain on a reimbursable basis a battery recharging station (or allow, on a re- imbursable basis, the use of a 120-volt elec- trical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the requesting Federal agency, to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles. (C) Use of vendors The Administrator of General Services, with respect to subparagraph (A) or (B), or the head of a Federal agency, with respect to subpara- graph (B), may carry out such subparagraph through a contract with a vendor, under such terms and conditions (including terms relating to the allocation between the Federal agency and the vendor of the costs of carrying out the Page 6801 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371 contract) as the Administrator or the head of the Federal agency, as the case may be, and the vendor may agree to. (2) Imposition of fees to cover costs (A) Fees The Administrator of General Services or the head of the Federal agency under para- graph (1)(B) shall charge fees to the individ- uals who use the battery recharging station in such amount as is necessary to ensure that the respective agency recovers all of the costs such agency incurs in installing, constructing, operating, and maintaining the station. (B) Deposit and availability of fees Any fees collected by the Administrator of General Services or the Federal agency, as the case may be, under this paragraph shall be— (i) deposited monthly in the Treasury to the credit of the respective agency’s appro- priations account for the operations of the building where the battery recharging sta- tion is located; and (ii) available for obligation without fur- ther appropriation during— (I) the fiscal year collected; and (II) the fiscal year following the fiscal year collected. (3) No effect on existing programs for House and Senate Nothing in this subsection affects the installa- tion, construction, operation, or maintenance of battery recharging stations by the Architect of the Capitol— (A) under section 2171 of title 2, relating to employees of the House of Representatives and individuals authorized to park in any parking area under the jurisdiction of the House of Representatives on the Capitol Grounds; or (B) under section 2170 of title 2, relating to employees of the Senate and individuals au- thorized to park in any parking area under the jurisdiction of the Senate on the Capitol Grounds. (4) No effect on similar authorities Nothing in this subsection— (A) repeals or limits any existing authorities of a Federal agency to install, construct, oper- ate, or maintain battery recharging stations; or (B) requires a Federal agency to seek reim- bursement for the costs of installing or con- structing a battery recharging station— (i) that has been installed or constructed prior to December 4, 2015; (ii) that is installed or constructed for Federal fleet vehicles, but that receives inci- dental use to recharge privately owned vehi- cles; or (iii) that is otherwise installed or con- structed pursuant to appropriations for that purpose. (5) Annual report to Congress Not later than 2 years after December 4, 2015, and annually thereafter for 10 years, the Admin- istrator of General Services shall submit to the Committee on Transportation and Infrastruc- ture of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing— (A) the number of battery recharging sta- tions installed by the Administrator on the Administrator’s own initiative under this sub- section; (B) requests from other Federal agencies to install battery recharging stations; and (C) the status and disposition of requests from other Federal agencies. (6) Federal agency defined In this subsection, the term ‘‘Federal agency’’ has the meaning given the term ‘‘Executive agency’’ in section 105 of title 5 and includes— (A) the United States Postal Service; (B) the Executive Office of the President; (C) the military departments (as defined in section 102 of title 5); and (D) the judicial branch. (7) Effective date This subsection shall apply with respect to fis- cal year 2016 and each succeeding fiscal year. (Pub. L. 114–94, div. A, title I, § 1413(c), Dec. 4, 2015, 129 Stat. 1418.) Editorial Notes CODIFICATION Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the Energy Policy and Conserva- tion Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. PART E—ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS Editorial Notes CODIFICATION This part was, in the original, designated part G and has been changed to part E for purposes of codification. § 6371. Definitions For the purposes of this part— (1) The term ‘‘building’’ means any structure the construction of which was completed on or before May 1, 1989, which includes a heating or cooling system, or both. (2) The term ‘‘energy conservation measure’’ means an installation or modification of an in- stallation in a building which is primarily in- tended to maintain or reduce energy consump- tion and reduce energy costs or allow the use of an alternative energy source, including, but not limited to— (A) insulation of the building structure and systems within the building; (B) storm windows and doors, multiglazed windows and doors, heat absorbing or heat re- flective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications;