§ 8255. Budget treatment for energy conservation measures

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. 1978

   Pub. L. 95–619 title V § 545 · 92 Stat. 3206

   Enacted · 42 U.S.C. § 8255

   Pub. L. 95–619, title V, § 545, Nov. 9, 1978, 92 Stat. 3278

   Source evidence

   Code source credit
   Pub. L. 95–619, title V, § 545, Nov. 9, 1978, 92 Stat. 3278

   Enacted provision · exact public law section
   SEC. 545. ESTABLISHMENT AND USE OF LIFE CYCLE COST METHODS. (a) 42 USC 8255. Establishment of Life Cycle Cost Methods.— The Secretary, in consultation with the Director of the Office of Management and Budget, the Director of the National Bureau of Standards, and the Administrator of the General Services Administration, shall— (1) establish practical and effective methods for estimating and comparing life cycle costs for Federal buildings; and (2) develop and prescribe the procedures to be followed in applying and implementing the methods so established and in conducting preliminary energy audits required by section 547. (b) Use of Life Cycle Costs.— All new Federal buildings shall be life cycle cost effective as determined in accordance with the methods established under subsection (a). In the design of new Federal buildings, cost evaluation shall be made on the basis of life cycle cost rather than initial cost. (c) Use in Non-Federal Structures.— The Secretary shall make available to the public information on the use of life cycle cost methods in the construction of buildings, structures, and facilities in all segments of the economy.

2. 1980

   Energy Security Act

   Pub. L. 96–294 title IV § 405 · 94 Stat. 611

   Inserted · 42 U.S.C. § 8255(a)(1)

   Pub. L. 96–294, which directed amendment of par. (1) by inserting provisions setting forth criteria for establishing life-cycle costs for Federal buildings before the period at end, was executed to par. (2) as the probable intent of Congress because par. (1) does not contain a period

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 96–294, which directed amendment of par. (1) by inserting provisions setting forth criteria for establishing life-cycle costs for Federal buildings before the period at end, was executed to par. (2) as the probable intent of Congress because par. (1) does not contain a period.

   Enacted provision · exact public law section
   Sec. 405. establishment of life-cycle energy costs for federal buildings Section 545(a)(1) of the National Energy Conservation Policy Act is amended by inserting before the period at the end thereof the following: “, using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of such system or during a period of 25 years, whichever is shorter, and using marginal fuel costs as determined by the Secretary and a discount rate of 7 per centum per year”

3. 1986

   Omnibus Budget Reconciliation Act of 1986

   Pub. L. 99–509 title III § 3301 · 100 Stat. 1874

   Substituted · 42 U.S.C. § 8255(a)(2)

   Pub. L. 99–509 substituted “average” for “marginal”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 99–509 substituted “average” for “marginal”.

   Enacted provision · exact public law section
   SEC. 3301. FEDERAL ENERGY MANAGEMENT. Section 545(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8255(a)(2)) is amended by striking out “marginal” and inserting in lieu thereof “average”.

4. 1988

   Federal Energy Management Improvement Act of 1988

   Pub. L. 100–615 § 2(a) · 102 Stat. 3185

   1. Amended · 42 U.S.C. § 8255

      Pub. L. 100–615 amended section generally

   2. Substituted · 42 U.S.C. § 8255

      Pub. L. 100–615 substituting provision relating to budget treatment for energy conservation measures for provisions relating to establishment and use of life cycle cost methods, use of life cycle costs, and use in non-Federal structures

   Source evidence

   Code amendment note
   Pub. L. 100–615 amended section generally, substituting provision relating to budget treatment for energy conservation measures for provisions relating to establishment and use of life cycle cost methods, use of life cycle costs, and use in non-Federal structures.

   Enacted provision · exact public law section
   (a) In General.— Part 3 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8251–8261) is amended to read as follows: “PART 3— FEDERAL ENERGY MANAGEMENT “SEC. 541. FINDINGS. “The Congress finds that— “(1) the Federal Government is the largest single energy consumer in the Nation; “(2) the cost of meeting the Federal Government’s energy requirement is substantial; “(3) there are significant opportunities in the Federal Government to conserve and make more efficient use of energy through improved operations and maintenance, the use of new energy efficient technologies, and the application and achievement of energy efficient design and construction; “(4) Federal energy conservation measures can be financed at little or no cost to the Federal Government by using private investment capital made available through contracts authorized by title VIII of this Act; and “(5) an increase in energy efficiency by the Federal Government would benefit the Nation by reducing the cost of government, reducing national dependence on foreign energy resources, and demonstrating the benefits of greater energy efficiency to the Nation. “SEC. 542. PURPOSE. “It is the purpose of this part to promote the conservation and the efficient use of energy by the Federal Government. “SEC. 543. ENERGY MANAGEMENT GOALS. “(a) Energy Performance Goal for Federal Buildings.— (1) Subject to paragraph (2), each agency shall apply energy conservation measures to, and shall improve the design for the construction of, its Federal buildings so that the energy consumption per gross square foot of its Federal buildings in use during the fiscal year 1995 is at least 10 percent less than the energy consumption per gross square foot of its Federal buildings in use during the fiscal year 1985. “(2) An agency may exclude from the requirements of paragraph (1) any building, and the associated energy consumption and gross square footage, in which energy intensive activities are carried out. Each agency shall identify and list in each report made under section 548(a) the buildings designated by it for such exclusion. “(b) Implementation Steps.— To achieve the goal established in subsection (a), each agency shall— “(1) prepare or update, within 6 months after the date of the enactment of the Federal Energy Management Improvement Act of 1988, a plan describing how the agency intends to meet such goal, including how it will implement this part, designate personnel primarily responsible for achieving such goal, and identify high priority projects; “(2) perform energy surveys of its Federal buildings to the extent necessary; “(3) using such surveys, apply energy conservation measures in a manner which will attain the goal established in subsection (a) in the most cost-effective manner practicable; and “(4) ensure that the operation and maintenance procedures applied under this section are continued. “SEC. 544. ESTABLISHMENT AND USE OF LIFE CYCLE COST METHODS AND PROCEDURES. “(a) Establishment of Life Cycle Cost Methods and Procedures.— The Secretary, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, the Director of the National Bureau of Standards, and the Administrator of the General Services Administration, shall— “(1) establish practical and effective present value methods for estimating and comparing life cycle costs for Federal buildings, using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of such system or during a period of 25 years, whichever is shorter, and using average fuel costs and a discount rate determined by the Secretary; and “(2) develop and prescribe the procedures to be followed in applying and implementing the methods so established. “(b) Use of Life Cycle Cost Methods and Procedures.— (1) The design of new Federal buildings, and the application of energy conservation measures to existing Federal buildings, shall be made using life cycle cost methods and procedures established under subsection (a). “(2) In leasing buildings for its own use or that of another agency, each agency shall give appropriate preference to buildings which minimize life cycle costs. “(c) Use in Non-Federal Structures.— The Secretary shall make available information to the public on the use of life cycle cost methods in the construction of buildings, structures, and facilities in all segments of the economy. “SEC. 545. BUDGET TREATMENT FOR ENERGY CONSERVATION MEASURES. “Each agency, in support of the President’s annual budget request to the Congress, shall specifically set forth and identify funds requested for energy conservation measures. “SEC. 546. INCENTIVES FOR AGENCIES. “(a) In General.— Each agency shall establish a program of incentives for conserving, and otherwise making more efficient use of, energy as a result of entering into contracts under title VIII of this Act. “(b) Implementation.— The head of each agency shall, no later than 120 days after the date of the enactment of the Federal Energy Management Improvement Act of 1988, implement procedures for entering into such contracts and for identifying, verifying, and utilizing, on a fiscal year basis, the cost savings resulting from such contracts. “(c) Use of Savings.— The portion of the funds appropriated to an agency for energy expenses for a fiscal year that is equal to the amount of cost savings realized by such agency for such year from contracts entered into under title VIII shall remain available for obligation, without further appropriation, to undertake additional energy conservation measures. “SEC. 547. INTERAGENCY ENERGY MANAGEMENT TASK FORCE. “(a) In General.— To assist the interagency committee organized under section 656 of the Department of Energy Organization Act (42 U.S.C. 7266) 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 656 of the Department of Energy Organization Act. “(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, State and local governments. Public information. local governments, and the public on effective survey techniques, innovative approaches to the efficient use of energy, incentive programs developed under section 546, innovative contracting methods developed under title VIII of this Act, 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 656 of Reports. the Department of Energy Organization Act; 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 543. “SEC. 548. REPORTS. “(a) Reports to the Secretary.— Each agency shall transmit a report to the Secretary, at times specified by the Secretary but at least annually, with complete information on its activities under this part, including information on— “(1) the agency’s progress in achieving the goals established by section 543; and “(2) the procedures being used by the agency pursuant to section 546(b), the number of contracts entered into by such agency under title VIII of this Act, the energy and cost savings that have resulted from such contracts, the use of such cost savings under section 546(c), and any problem encountered in entering into such contracts and otherwise implementing section 546. “(b) Reports to Congress.— The Secretary shall report annually, with respect to each fiscal year beginning after the date of the enactment of this subsection, to the Congress— “(1) on all activities carried out under this part and on the progress made toward achievement of the objectives of this part, including a copy of the list of the exclusions made under section 543(a)(2); “(2) the number of contracts entered into by all agencies under title VIII of this Act, the difficulties (if any) encountered in attempting to enter into such contracts, and proposed solutions to those difficulties; and “(3) the extent and nature of interagency exchange of information concerning the conservation and efficient utilization of energy. “SEC. 549. DEFINITIONS. “For the purposes of this part— “(1) the term ‘agency’ has the meaning given it in section 551(1) of title 5, United States Code; “(2) the term ‘construction’ means new construction or substantial rehabilitation of existing structures; “(3) the term ‘cogeneration facilities’ has the same meaning given such term in section 3(18)(A) of the Federal Power Act (16 U.S.C. 796(18)(A)); “(4) the term ‘energy conservation measures’ means measures that are applied to a Federal building that improve energy efficiency and are life cycle cost effective and that involve energy conservation, cogeneration facilities, renewable energy sources, improvements in operations and maintenance efficiencies, or retrofit activities; “(5) the term ‘energy survey’ means a procedure used to determine energy and cost savings likely to result from the use of appropriate energy related maintenance and operating procedures and modifications, including the purchase and installation of particular energy-related equipment and the use of renewable energy sources; “(6) the term ‘Federal building’ means any building, structure, or facility, or part thereof, including the associated energy consuming support systems, which is constructed, renovated, leased, or purchased in whole or in part for use by the Federal Government and which consumes energy; such term also means a collection of such buildings, structures, or facilities and the energy consuming support systems for such collection; “(7) the term ‘life cycle cost’ means the total costs of owning, operating, and maintaining a building over its useful life (including such costs as fuel, energy, labor, and replacement components) determined on the basis of a systematic evaluation and comparison of alternative building systems, except that in the case of leased buildings, the life cycle costs shall be calculated over the effective remaining term of the lease; “(8) the term ‘renewable energy sources’ includes, but is not limited to, sources such as agriculture and urban waste, goethermal energy, solar energy, and wind energy; and “(9) the term ‘Secretary’ means the Secretary of Energy.”.

5. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 title I § 152(e) · 106 Stat. 2776

   Amended · 42 U.S.C. § 8255

   Pub. L. 102–486 amended section generally. Prior to amendment, section read as follows: “Each agency, in support of the President’s annual budget request to the Congress, shall specifically set forth and identify funds requested for energy conservation measures.”

   Source evidence

   Code amendment note
   Pub. L. 102–486 amended section generally. Prior to amendment, section read as follows: “Each agency, in support of the President’s annual budget request to the Congress, shall specifically set forth and identify funds requested for energy conservation measures.”

   Enacted provision · exact public law section
   (e) Identification of Funds.— Section 545 of such Act (42 U.S.C. 8255) is amended to read as follows: “SEC. 545. BUDGET TREATMENT FOR ENERGY CONSERVATION MEASURES. “The President shall transmit to the Congress, along with each budget that is submitted to the Congress under section 1105 of title 31, United States Code, a statement of the amount of appropriations requested in such budget, if any, on an individual agency basis, for— “(1) electric and other energy costs to be incurred in operating and maintaining agency facilities; and “(2) compliance with the provisions of this part, the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), and all applicable Executive orders, including Executive Order 12003 (42 U.S.C. 6201 note) and Executive Order 12759 (56 Fed. Reg. 16257).”.

6 of 6 references resolved to an enrolled provision