§ 2922b. Procurement of energy systems using renewable forms of energy

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   Military Construction Authorization Act, 1983

   Pub. L. 97–321 title VIII § 801(a)(1) · 96 Stat. 1549

   Enacted · 10 U.S.C. § 2922b

   Added Pub. L. 97–321, title VIII, § 801(a)(1), Oct. 15, 1982, 96 Stat. 1569, § 2394a

   Source evidence

   Code source credit
   Added Pub. L. 97–321, title VIII, § 801(a)(1), Oct. 15, 1982, 96 Stat. 1569, § 2394a

   Enacted provision · exact public law section
   (1) Chapter 141 of title 10, United States Code, is amended by adding after section 2394, as added by section 6(a)(1) of the Military Construction Codification Act (Public Law 97–214; 96 Stat. 171), the following new section: “§ 2394a. Procurement of energy systems powered by renewable forms of energy “(a) In procuring energy systems the Secretary of a military department shall procure systems that use solar energy or other renewable forms of energy whenever the Secretary determines that such procurement is possible and will be cost effective, reliable, and otherwise suited to supplying the energy needs of the military department under his jurisdiction. “(b) (1) The Secretary of Defense shall from time to time study uses for solar energy and other renewable forms of energy to determine what uses of such forms of energy may be cost effective and reliable in supplying the energy needs of the Department of Defense. The Secretary of Defense, based upon the results of such studies, shall from time to time issue policy guidelines to be followed by the Secretaries of the military departments in carrying out subsection Ante, p. 166. Report to congressional committees. (a) and section 2857 of this title. “(2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives not less often than every two years a report on the studies conducted pursuant to paragraph (1). Each such report shall include any findings of the Secretary with respect to the use of solar energy and other renewable forms of energy in supplying the energy needs of the Department of Defense and any recommendations of the Secretary for changes in law that may be appropriate in light of such studies. “(c) (1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system using such a form of energy, and (B) the original investment cost of the energy system not using such a form of energy can be recovered over the expected life of the system. “(2) A determination under paragraph (1) of whether a cost-differential can be recovered over the expected life of a system shall be made using accepted life-cycle costing procedures and shall include— “(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system using solar energy or other renewable forms of energy, and not using such a form of energy, over the expected life of the system or during a period of 25 years, whichever is shorter; “(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and “(C) the use of a discount rate of 7 percent per year for all expenses of the energy system. “(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the energy system using solar energy or other renewable forms of energy shall be reduced by 10 percent to reflect an allowance for an investment cost credit.”.

2. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 title XIV § 1405(36) · 98 Stat. 2492

   Substituted · 10 U.S.C. § 2922b

   Pub. L. 98–525 substituted “using” for “powered by” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 98–525 substituted “using” for “powered by” in section catchline.

   Enacted provision · exact public law section
   (36) The heading of section 2394a is amended to read as follows: “§ 2394a. Procurement of energy systems using renewable forms of energy”.

3. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 1322(a)(7) · 104 Stat. 1485

   1. Struck · 10 U.S.C. § 2922b(b)

      Pub. L. 101–510, § 1322(a)(7), struck out “(1)” after “(b)”

   2. Struck · 10 U.S.C. § 2922b(b)

      Pub. L. 101–510, § 1322(a)(7), struck out par. (2) which read as follows: “The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives not less often than every two years a report on the studies conducted pursuant to paragraph (1). Each such report shall include any findings of the Secretary with respect to the use of solar energy and other renewable forms of energy in supplying the energy needs of the Department of Defense and any recommendations of the Secretary for changes in law that may be appropriate in light of such studies.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–510, § 1322(a)(7), struck out “(1)” after “(b)” and struck out par. (2) which read as follows: “The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives not less often than every two years a report on the studies conducted pursuant to paragraph (1). Each such report shall include any findings of the Secretary with respect to the use of solar energy and other renewable forms of energy in supplying the energy needs of the Department of Defense and any recommendations of the Secretary for changes in law that may be appropriate in light of such studies.”

   Enacted provision · exact public law section
   (7) Section 2394a(b) is amended— (A) by striking out “(1)” after “(b)”; and (B) by striking out paragraph (2).

4. 1990

   Military Construction Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 § 2852(a) · 104 Stat. 1485

   1. Added · 10 U.S.C. § 2922b(c)(2); 10 U.S.C. § 2922b(c)(3)

      Pub. L. 101–510, § 2852(a), added par. (2)

   2. Struck · 10 U.S.C. § 2922b(c)(2); 10 U.S.C. § 2922b(c)(3)

      Pub. L. 101–510, § 2852(a), struck out former pars. (2) and (3) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (c)(2), (3). Pub. L. 101–510, § 2852(a), added par. (2) and struck out former pars. (2) and (3) which read as follows:

   “(2) A determination under paragraph (1) of whether a cost-differential can be recovered over the expected life of a system shall be made using accepted life-cycle costing procedures and shall include— “(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system using solar energy or other renewable forms of energy, and not using such a form of energy, over the expected life of the system or during a period of 25 years, whichever is shorter; “(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and “(C) the use of a discount rate of 7 percent per year for all expenses of the energy system. “(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the energy system using solar energy or other renewable forms of energy shall be reduced by 10 percent to reflect an allowance for an investment cost credit.”

   Enacted provision · exact public law section
   (a) Section 2394a(c) of title 10, United States Code, is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) A determination under paragraph (1) concerning whether a cost-differential can be recovered over the expected life of a system shall be made using the life-cycle cost methods and procedures established pursuant to section 544(a) of the National Energy Conservation Policy Act.”.

5. 1991

   Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

   Pub. L. 102–25 title VII § 701(g)(2) · 105 Stat. 75

   Inserted · 10 U.S.C. § 2922b(c)(2)

   Pub. L. 102–25 inserted “(42 U.S.C. 8254(a))” after “Policy Act”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 102–25 inserted “(42 U.S.C. 8254(a))” after “Policy Act”.

   Enacted provision · exact public law section
   (2) Sections 2394a(c)(2) and 2857(c)(2) are amended by inserting “(42 U.S.C. 8254(a))” after “section 544(a) of the National Energy Conservation Policy Act”.

6. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2851(b)(2) · 120 Stat. 2083

   Changed · 10 U.S.C. § 2922b

   Pub. L. 109–364, § 2851(b)(2), renumbered section 2394a of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 109–364, § 2851(b)(2), renumbered section 2394a of this title as this section.

   Enacted provision · exact public law section
   (2) Transfer and redesignation of chapter 141 provisions.— Sections 2388, 2394, 2394a, 2398, 2398a, 2404, and 2410c of such title are— (A) transferred to chapter 173 of such title, as added by subsection (a)(1); (B) inserted after the table of sections of subchapter II of such chapter; and (C) redesignated as sections 2922, 2922a, 2922b, 2922c, 2922d, 2922e, and 2922f, respectively.

7. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2851(b)(3)(D)(i) · 120 Stat. 2083

   1. Substituted · 10 U.S.C. § 2922b(a)

      Pub. L. 109–364, § 2851(b)(3)(D)(i), substituted “possible, suited” for “possible and will be cost effective, reliable, and otherwise suited”

   2. Substituted · 10 U.S.C. § 2922b(a)

      Pub. L. 109–364, § 2851(b)(3)(D)(i), substituted “the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title, and supported by the special considerations specified in subsection (c) of such section” for “his jurisdiction”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–364, § 2851(b)(3)(D)(i), substituted “possible, suited” for “possible and will be cost effective, reliable, and otherwise suited” and “the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title, and supported by the special considerations specified in subsection (c) of such section” for “his jurisdiction”.

   Enacted provision · exact public law section
   (i) in subsection (a)— (I) by striking “possible and will be cost effective, reliable, and otherwise suited” and inserting “possible, suited”; and (II) by striking “his jurisdiction” and inserting “the jurisdiction of the Secretary, consistent with the energy performance goals and energy performance plan for the Department of Defense developed under section 2911 of this title, and supported by the special considerations specified in subsection (c) of such section”;

8. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2851(b)(3)(D)(ii) · 120 Stat. 2083

   1. Struck · 10 U.S.C. § 2922b(b)

      Pub. L. 109–364, § 2851(b)(3)(D)(ii), struck out “cost effective and” before “reliable”

   2. Substituted · 10 U.S.C. § 2922b(b)

      Pub. L. 109–364, § 2851(b)(3)(D)(ii), substituted “2915” for “2857”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–364, § 2851(b)(3)(D)(ii), struck out “cost effective and” before “reliable” and substituted “2915” for “2857”.

   Enacted provision · exact public law section
   (ii) in subsection (b)— (I) by striking “cost effective and”; and (II) by striking “section 2857 of this title” and inserting “section 2915 of this title”; and

9. 2006

   Military Construction Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 § 2851(b)(3)(D)(iii) · 120 Stat. 2083

   Struck · 10 U.S.C. § 2922b(c)

   Pub. L. 109–364, § 2851(b)(3)(D)(iii), struck out subsec. (c) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–364, § 2851(b)(3)(D)(iii), struck out subsec. (c) which read as follows:

   “(c)(1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system using such a form of energy, and (B) the original investment cost of the energy system not using such a form of energy can be recovered over the expected life of the system. “(2) A determination under paragraph (1) concerning whether a cost-differential can be recovered over the expected life of a system shall be made using the life-cycle cost methods and procedures established pursuant to section 544(a) of the National Energy Conservation Policy Act (42 U.S.C. 8254(a)).”

   Enacted provision · exact public law section
   (iii) by striking subsection (c); and

10. 2017

    Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. B title XXVIII § 2831(c)(4) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2922b(a)

    Pub. L. 115–91 substituted “subsection (e)” for “subsection (c)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–91 substituted “subsection (e)” for “subsection (c)”.

    Enacted provision · exact public law section
    (4) in section 2922b(a), by striking “subsection (c)” and inserting “subsection (e)”;

14 of 14 references resolved to an enrolled provision