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42 U.S.C. § 8257 (THE PUBLIC HEALTH AND WELFARE)
§ 8257. Interagency Energy Management Task Force
(a) In general
To assist the interagency committee organized under section 7266 of this title to coordinate the activities of the Federal Government in promoting energy conservation and the efficient use of energy and in informing non-Federal entities of the Federal experience in energy conservation, 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 agencies in achieving energy savings;
(2) collect and disseminate information to agencies, States, local governments, and the public on effective survey techniques, innovative approaches to the efficient use of energy, incentive programs developed under section 8256 of this title, innovative contracting methods 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 energy;
(5) report to the committee organized under section 7266 of this title; and
(6) review, from time to time as may be necessary, the regulations relating to building temperature settings to determine whether changes in such regulations would be appropriate 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.)
heading: Editorial Notes
heading: Amendments
text: 1988—Pub. L. 100–615 amended section generally, substituting provisions relating to creation of an Interagency Energy Management Task Force for provisions relating to energy audits and retrofitting of existing Federal buildings.
(THE PUBLIC HEALTH AND WELFARE)
§§ 8260, 8261. Omitted
heading: Editorial Notes
heading: Codification
text: Sections 8260 and 8261 were omitted in the general amendment of this part by Pub. L 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185.
Section 8260, Pub. L. 95–619, title V, § 550, Nov. 9, 1978, 92 Stat. 3280, directed each Federal agency to periodically furnish Secretary with full and complete information on its activities under this part, and directed Secretary to annually submit to Congress a comprehensive report on all activities under this part and on progress made toward achievement of objectives of this part.
Section 8261, Pub. L. 95–619, title V, § 551, Nov. 9, 1978, 92 Stat. 3280, authorized to be appropriated to Secretary not to exceed $2,000,000 for fiscal year ending Sept. 30, 1979, to enable Secretary to perform analytical and administrative functions under this part.
42 U.S.C. § 8262 (THE PUBLIC HEALTH AND WELFARE)
§ 8262. Definitions
For purposes of this subtitle— 1
(1) the term “agency” means 2 has the meaning given such term in section 551(1) of title 5, except that such term does not include the United States Postal Service;
(2) the term “facility energy supervisor” means the employee with responsibility for the daily operations of a Federal facility, including the management, installation, operation, and maintenance of energy systems in Federal facilities which may include more than one building;
(3) the term “trained energy manager” means a person who has demonstrated proficiency, or who has completed a course of study in the areas of fundamentals of building energy systems, building energy codes and applicable professional standards, energy accounting and analysis, life-cycle cost methodology, fuel supply and pricing, and instrumentation for energy surveys and audits;
(4) the term “Task Force” means the Interagency Energy Management Task Force established under section 8257 of this title; and
(5) the term “energy conservation measures” has the meaning given such term in section 8259(4) of this title.
(Pub. L. 102–486, title I, § 151, Oct. 24, 1992, 106 Stat. 2843.)
heading: Editorial Notes
heading: References in Text
text: This subtitle, referred to in text, is subtitle F (§§ 151–168) of title I of Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2843, which enacted this section and sections 8258a, 8258b, 8262a to 8262k of this title, amended sections 8252 to 8256, 8258, 8259, 8287, and 8287c of this title and section 490 of former Title 40, Public Buildings, Property, and Works, enacted provisions set out as notes under section 8262h of this title and former section 1815 of Title 2, The Congress, and repealed provisions set out as a note under section 8253 of this title. For complete classification of subtitle F to the Code, see Tables.
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8262b (THE PUBLIC HEALTH AND WELFARE)
§ 8262b. Intergovernmental energy management planning and coordination
(a) Conference workshops
The Administrator of General Services, in consultation with the Secretary and the Task Force, shall hold regular, biennial conference workshops in each of the 10 standard Federal regions on energy management, conservation, efficiency, and planning strategy. The Administrator shall work and consult with the Department of Energy and other Federal agencies to plan for particular regional conferences. The Administrator shall invite Department of Energy, State, local, tribal, and county public officials who have responsibilities for energy management or may have an interest in such conferences and shall seek the input of, and be responsive to, the views of such officials in the planning and organization of such workshops.
(b) Focus of workshops
Such workshops and conferences shall focus on the following (but may include other topics):
(1) Developing strategies among Federal, State, tribal, and local governments to coordinate energy management policies and to maximize available intergovernmental energy management resources within the region regarding the use of governmental facilities and buildings.
(2) The design, construction, maintenance, and retrofitting of governmental facilities to incorporate energy efficient techniques.
(3) Procurement and use of energy efficient products.
(4) Dissemination of energy information on innovative programs, technologies, and methods which have proven successful in government.
(5) Technical assistance to design and incorporate effective energy management strategies.
(c) Establishment of workshop timetable
As a part of the first report to be submitted pursuant to section 8262a of this title, the Administrator shall set forth the schedule for the regional energy management workshops to be conducted under this section. Not less than five such workshops shall be held by September 30, 1993, and at least one such workshop shall be held in each of the 10 Federal regions every two years beginning on September 30, 1993.
(Pub. L. 102–486, title I, § 156, Oct. 24, 1992, 106 Stat. 2855.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8262d (THE PUBLIC HEALTH AND WELFARE)
§ 8262d. Energy audit teams
(a) Establishment
The Secretary shall assemble from existing personnel with appropriate expertise, and with particular utilization of the national laboratories, and make available to all Federal agencies, one or more energy audit teams which shall be equipped with instruments and other advanced equipment needed to perform energy audits of Federal facilities.
(b) Monitoring programs
The Secretary shall also assist in establishing, at each site that has utilized an energy audit team, a program for monitoring the implementation of energy efficiency improvements based upon energy audit team recommendations, and for recording the operating history of such improvements.
(Pub. L. 102–486, title I, § 158, Oct. 24, 1992, 106 Stat. 2857.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8262e (THE PUBLIC HEALTH AND WELFARE)
§ 8262e. Federal energy cost accounting and management
(a) Guidelines
Not later than 120 days after October 24, 1992, the Director of the Office of Management and Budget, in cooperation with the Secretary, the Administrator of General Services, and the Secretary of Defense, shall establish guidelines to be employed by each Federal agency to assess accurate energy consumption for all buildings or facilities which the agency owns, operates, manages or leases, where the Government pays utilities separate from the lease and the Government operates the leased space. Such guidelines are to be used in reports required under section 8258 of this title. Each agency shall implement such guidelines no later than 120 days after their establishment. Each facility energy manager shall maintain energy consumption and energy cost records for review by the Inspector General, the Congress, and the general public.
(b) Contents of guidelines
Such guidelines shall include the establishment of a monitoring system to determine—
(1) which facilities are the most costly to operate when measured on an energy consumption per square foot basis or other relevant analytical basis;
(2) unusual or abnormal changes in energy consumption; and
(3) the accuracy of utility charges for electric and gas consumption.
(c) Federally leased space energy reporting requirement
The Administrator of General Services shall include, in each report submitted under section 8262a of this title, the estimated energy cost of leased buildings or space in which the Federal Government does not directly pay the utility bills.
(Pub. L. 102–486, title I, § 159, Oct. 24, 1992, 106 Stat. 2857.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8262h (THE PUBLIC HEALTH AND WELFARE)
§ 8262h. United States Postal Service energy regulations
(a) In general
The Postmaster General shall issue regulations to ensure the reliable and accurate accounting of energy consumption costs for all buildings or facilities which it owns, leases, operates, or manages. Such regulations shall—
(1) establish a monitoring system to determine which facilities are the most costly to operate on an energy consumption per square foot basis or other relevant analytical basis;
(2) identify unusual or abnormal changes in energy consumption; and
(3) check the accuracy of utility charges for electricity and gas consumption.
(b) Identification of energy efficiency products
The Postmaster General shall actively undertake a program to identify and procure energy efficiency products for use in its facilities. In carrying out this subsection, the Postmaster General shall, to the maximum extent practicable, incorporate energy efficient information available on Federal Supply Schedules maintained by the General Services Administration and the Defense Logistics Agency.
(Pub. L. 102–486, title I, § 163, Oct. 24, 1992, 106 Stat. 2860.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: United States Postal Service Building Energy Survey and Report
text: Pub. L. 102–486, title I, § 164, Oct. 24, 1992, 106 Stat. 2860, directed Postmaster General to conduct an energy survey, as defined in 42 U.S.C. 8259(5), for purposes of determining maximum potential cost effective energy savings that may be achieved in a representative sample of buildings owned or leased by United States Postal Service in different areas of the country, making recommendations for cost effective energy efficiency and renewable energy improvements in those buildings and in other similar United States Postal Service buildings, and identifying barriers which may prevent the United States Postal Service from complying with energy management goals, and further directed Postmaster General to transmit to Congress within 180 days after Oct. 24, 1992, a plan for implementing this survey, and to report to Congress on the findings and conclusions of such survey as soon as practicable after its completion.
42 U.S.C. § 8262j (THE PUBLIC HEALTH AND WELFARE)
§ 8262j. Energy management requirements for United States Postal Service
(a) Energy management requirements for postal facilities
(1) The Postmaster General shall, to the maximum extent practicable, ensure that each United States Postal Service facility meets the energy management requirements for Federal buildings and agencies specified in section 8253 of this title.
(2) The Postmaster General may exclude from the requirements of such section any facility or collection of facilities, and the associated energy consumption and gross square footage if the Postmaster General finds that compliance with the requirements of such section would be impracticable. A finding of impracticability shall be based on the energy intensiveness of activities carried out in such facility or collection of facilities, the type and amount of energy consumed, or the technical feasibility of making the desired changes. The Postmaster General shall identify and list in the report required under section 8262i of this title the facilities designated by it for such exclusion.
(b) Implementation steps
In carrying 1 subsection (a), the Postmaster General shall—
(1) not later than 1 year after October 24, 1992, prepare or update, as appropriate, a plan (which may be submitted as part of the first report submitted under section 8262i of this title)—
(A) describing how this section will be implemented;
(B) designating personnel primarily responsible for achieving the requirements of this section; and
(C) identifying high priority projects;
(2) perform energy surveys of United States Postal Service facilities as necessary to achieve the requirements of this section;
(3) install those energy conservation measures that will attain the requirements of this section in a cost-effective manner as defined in section 8254 of this title; and
(4) ensure that the operation and maintenance procedures applied under this section are continued.
(Pub. L. 102–486, title I, § 166, Oct. 24, 1992, 106 Stat. 2861.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8262k (THE PUBLIC HEALTH AND WELFARE)
§ 8262k. Government contract incentives
(a) Establishment of criteria
Each agency, in consultation with the Federal Acquisition Regulatory Council, shall establish criteria for the improvement of energy efficiency in Federal facilities operated by Federal Government contractors or subcontractors.
(b) Purpose of criteria
The criteria established under subsection (a) shall be used to encourage Federal contractors, and their subcontractors, which manage and operate federally-owned facilities, to adopt and utilize energy conservation measures designed to reduce energy costs in Government-owned and contractor-operated facilities and which are ultimately borne by the Federal Government.
(Pub. L. 102–486, title I, § 167, Oct. 24, 1992, 106 Stat. 2862.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Policy Act of 1992, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8271 (THE PUBLIC HEALTH AND WELFARE)
§ 8271. “Federal facility” and “Secretary” defined
For purposes of this part—
(1) The term “Federal facility” means any building, structure, or fixture or part thereof which is owned by the United States or any Federal agency or which is held by the United States or any Federal agency under a lease-acquisition agreement under which the United States or a Federal agency will receive fee simple title under the terms of such agreement without further negotiation. Such term also applies to facilities related to programs administered by Federal agencies.
(2) The term “Secretary” means the Secretary of Energy.
(Pub. L. 95–619, title V, § 562, Nov. 9, 1978, 92 Stat. 3280; Pub. L. 96–294, title IV, § 407(1), June 30, 1980, 94 Stat. 717.)
heading: Editorial Notes
heading: Amendments
text: 1980—Par. (1). Pub. L. 96–294 inserted applicability to facilities related to programs administered by Federal agencies.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: For short title of this part as the “Federal Photovoltaic Utilization Act”, see section 561 of Pub. L. 95–619, set out as a note under section 8201 of this title.
42 U.S.C. § 8274 (THE PUBLIC HEALTH AND WELFARE)
§ 8274. Acquisition of systems
The program established by section 8272 of this title shall provide for the acquisition of photovoltaic solar electric systems and associated storage capability by the Secretary for their use by Federal agencies, and for the acquisition of such systems and associated capability by Federal agencies for their own use in cases where the authority to make such acquisition has been delegated to the agency involved by the Secretary. The acquisition of photovoltaic solar electric systems shall be at an annual level substantial enough to allow use of low-cost production techniques by suppliers of such systems. The Secretary (or other Federal agency acting under delegation from the Secretary) is authorized to make such acquisitions through the use of multiyear contracts. Authority under this part to enter into acquisition contracts shall be only to the extent as may be provided in advance in appropriation Acts.
(Pub. L. 95–619, title V, § 565, Nov. 9, 1978, 92 Stat. 3281; Pub. L. 96–294, title IV, § 407(2)(A), (B), June 30, 1980, 94 Stat. 717.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–294 inserted provisions relating to acquisition of systems and associated capability by Federal agencies and inserted “(or other Federal agency acting under delegation from the Secretary)”.
42 U.S.C. § 8275 (THE PUBLIC HEALTH AND WELFARE)
§ 8275. Administration
The Secretary shall administer the program established under section 8272 of this title and shall—
(1) consult with the Secretary of Defense to insure that the installation and purchase of photovoltaic solar electric systems pursuant to this part shall not interfere with defense-related activities;
(2) prescribe such requirements as may be appropriate to monitor and assess the performance and operation of photovoltaic electric systems installed pursuant to this part; and
(3) report annually to the Congress on the status of the program.
Notwithstanding any other provision of law, the Secretary shall not be subject to the requirements of section 553 of title 5, in the performance of his functions under this part.
(Pub. L. 95–619, title V, § 566, Nov. 9, 1978, 92 Stat. 3281; Pub. L. 96–294, title IV, § 407(3), (4), June 30, 1980, 94 Stat. 717, 718.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–294 inserted provisions relating to inapplicability of section 553 of title 5 and substituted “requirements” for “rules and regulations” in par. (2).
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of the reporting provision in par. (3) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 3rd item on page 87 of House Document No. 103–7.
42 U.S.C. § 8276 (THE PUBLIC HEALTH AND WELFARE)
§ 8276. System evaluation and purchase program
(a) Program
The Secretary shall establish, within 60 days after November 9, 1978, a photovoltaic systems evaluation and purchase program to provide such systems as are required by the Federal agencies to carry out this part. In acquiring photovoltaic solar electric systems under this part, the Secretary (or other Federal agency acting under delegation from the Secretary) shall insure that such systems reflect to the maximum extent practicable the most advanced and reliable technologies and shall schedule purchases in a manner which will stimulate the early development of a permanent low-cost private photovoltaic production capability in the United States, and to stimulate the private sector market for photovoltaic power systems. The Secretary and other Federal agencies acting under delegation from the Secretary shall, subject to the availability of appropriated funds, procure not more than 30 megawatts of photovoltaic solar electric systems during fiscal years ending September 30, 1979, September 30, 1980, and September 30, 1981.
(b) Other procurement
Nothing in this part shall preclude any Federal agency from directly procuring a photovoltaic solar electric system (in lieu of obtaining one under the program under subsection (a)), except that any such Federal agency shall consult with the Secretary before procuring such a system.
(Pub. L. 95–619, title V, § 567, Nov. 9, 1978, 92 Stat. 3281; Pub. L. 96–294, title IV, § 407(2)(C), (D), June 30, 1980, 94 Stat. 717.)
heading: Editorial Notes
heading: Amendments
text: 1980—Subsec. (a). Pub. L. 96–294 inserted provisions relating to Federal agencies acting under delegations from the Secretary.
42 U.S.C. § 8281...8281b (THE PUBLIC HEALTH AND WELFARE)
§§ 8281 to 8281b. Repealed. Pub. L. 99–412, title II, § 201(a), Aug. 28, 1986, 100 Stat. 943
text: Section 8281, Pub. L. 95–619, title VII, § 710, as added Pub. L. 96–294, title V, § 565, June 30, 1980, 94 Stat. 752, provided that definitions in section 8211 of this title apply to this subchapter and defined additional terms.
text: Section 8281a, Pub. L. 95–619, title VII, § 711, as added Pub. L. 96–294, title V, § 565, June 30, 1980, 94 Stat. 754, provided that this subchapter apply to any public utility for which coverage is provided under section 8212 of this title.
text: Section 8281b, Pub. L. 95–619, title VII, § 712, as added Pub. L. 96–294, title V, § 565, June 30, 1980, 94 Stat. 754, related to rules of the Secretary for submission and approval of plans.
heading: Statutory Notes and Related Subsidiaries
heading: Demonstration Projects for Energy Efficiency in Commercial Buildings
text: Pub. L. 99–412, title II, § 202, Aug. 28, 1986, 100 Stat. 943, provided that: “The Secretary of Energy shall, using funds appropriated for energy conservation activities of the Department of Energy, carry out demonstration projects by sharing the cost of the construction and development by nongovernmental entities of facilities which demonstrate innovative technologies for utility applications that increase energy efficiency in commercial buildings.”