§ 8256. Incentives for agencies

Footnotes

1. 1 See References in Text note below.

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 § 546 · 92 Stat. 3206

   Enacted · 42 U.S.C. § 8256

   Pub. L. 95–619, title V, § 546, Nov. 9, 1978, 92 Stat. 3278

   Source evidence

   Code source credit
   Pub. L. 95–619, title V, § 546, Nov. 9, 1978, 92 Stat. 3278

   Enacted provision · exact public law section
   SEC. 546. ENERGY PERFORMANCE TARGETS FOR FEDERAL BUILDINGS. 42 USC 8256. The Secretary, in consultation with the Administrator of the General Services Administration, the Director of the National Bureau of Standards, and the Director of the Office of Management and Budget, shall establish and publish energy performance targets for Federal buildings, and shall take such actions as may be necessary or appropriate to promote to the maximum extent practicable achievement of such targets by Federal buildings. The performance targets established under the preceding sentence shall be compatible with energy conservation performance standards adopted or developed by the Secretary of Housing and Urban Development for buildings.

2. 1988

   Federal Energy Management Improvement Act of 1988

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

   1. Amended · 42 U.S.C. § 8256

      Pub. L. 100–615 amended section generally

   2. Substituted · 42 U.S.C. § 8256

      Pub. L. 100–615 substituting statement of incentives for agencies for provisions relating to energy performance targets for Federal buildings

   Source evidence

   Code amendment note
   Pub. L. 100–615 amended section generally, substituting statement of incentives for agencies for provisions relating to energy performance targets for Federal buildings.

   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.”.

3. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 152(f)(1) · 106 Stat. 2776

   1. Substituted · 42 U.S.C. § 8256(a)

      Pub. L. 102–486, § 152(f)(1), (2), substituted “Contracts” for “In general” in heading

   2. Amended · 42 U.S.C. § 8256(a)

      Pub. L. 102–486, § 152(f)(1), (2), designated existing provisions as par. (1)

   3. Redesignated · 42 U.S.C. § 8256(a)

      Pub. L. 102–486, § 152(f)(1), (2), redesignated former subsec. (b) as subsec. (a)(2)

   4. Amended · 42 U.S.C. § 8256(a)

      Pub. L. 102–486, § 152(f)(1), (2), amended it generally. 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 entering into such contracts and for identifying, verifying, and utilizing, on a fiscal year basis, the cost savings resulting from such contracts.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–486, § 152(f)(1), (2), substituted “Contracts” for “In general” in heading, designated existing provisions as par. (1), and redesignated former subsec. (b) as subsec. (a)(2) and amended it generally. 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 entering into such contracts and for identifying, verifying, and utilizing, on a fiscal year basis, the cost savings resulting from such contracts.”

   Enacted provision · exact public law section
   (1) by striking “(a) In General.—” and inserting in lieu thereof “(a) Contracts.—(1)”;

4. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 152(f)(4) · 106 Stat. 2776

   Redesignated · 42 U.S.C. § 8256(b)

   Pub. L. 102–486, § 152(f)(4), added subsec. (b). Former subsec. (b) redesignated par. (2) of subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–486, § 152(f)(4), added subsec. (b). Former subsec. (b) redesignated par. (2) of subsec. (a).

   Enacted provision · exact public law section
   (4) by adding at the end the following new subsections: “(b) Federal Energy Efficiency Fund.— (1) The Secretary shall establish a Federal Energy Efficiency Fund to provide grants to agencies to assist them in meeting the requirements of section 543. “(2) Not later than June 30, 1993, the Secretary shall issue guidelines to be followed by agencies submitting proposals for such grants. All agencies shall be eligible to submit proposals for grants under the Fund. “(3) The Secretary shall award grants from the Fund after a competitive assessment of the technical and economic effectiveness of each agency proposal. The Secretary shall consider the following factors in determining whether to provide funding under this subsection: “(A) The cost-effectiveness of the project. “(B) The amount of energy and cost savings anticipated to the Federal Government. “(C) The amount of funding committed to the project by the agency requesting financial assistance. “(D) The extent that a proposal leverages financing from other non-Federal sources. “(E) Any other factor which the Secretary determines will result in the greatest amount of energy and cost savings to the Federal Government. “(4) There are authorized to be appropriated, to remain available to be expended, to carry out this subsection not more than $10,000,000 for fiscal year 1994, $50,000,000 for fiscal year 1995, and such sums as may be necessary for fiscal years thereafter. “(c) Utility Incentive Programs.— (1) Agencies are authorized and encouraged to participate in programs to increase energy efficiency and for water conservation or the management of electricity demand conducted by gas, water, or electric utilities and generally available to customers of such utilities. “(2) Each agency may accept any financial incentive, goods, or services generally available from any such utility, to increase energy efficiency or to conserve water or manage electricity demand. “(3) Each agency is encouraged to enter into negotiations with electric, water, and gas utilities to design cost-effective demand management and conservation incentive programs to address the unique needs of facilities utilized by such agency. “(4) If an agency satisfies the criteria which generally apply to other customers of a utility incentive program, such agency may not be denied collection of rebates or other incentives. “(5) (A) An amount equal to fifty percent of the energy 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 title VIII and utility energy efficiency 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 facilities at which energy savings were achieved. (B) Agencies shall establish a fund and maintain strict financial accounting and controls for savings realized and expenditures made under this subsection. Records maintained pursuant to this subparagraph shall be made available for public inspection upon request. “(d) Financial Incentive Program for Facility Energy Managers.— (1) The Secretary shall, in consultation with the Task Force established pursuant to section 547, establish a financial bonus program to reward, with funds made available for such purpose, outstanding Federal facility energy managers in agencies and the United States Postal Service. “(2) Not later than June 1, 1993, the Secretary shall issue procedures for implementing and conducting the award program, including the criteria to be used in selecting outstanding energy managers and contributors who have— “(A) improved energy performance through increased energy efficiency; “(B) implemented proven energy efficiency and energy conservation techniques, devices, equipment, or procedures; “(C) developed and implemented training programs for facility energy managers, operators, and maintenance personnel; “(D) developed and implemented employee awareness programs; “(E) succeeded in generating utility incentives, shared energy savings contracts, and other federally approved performance based energy savings contracts; “(F) made successful efforts to fulfill compliance with energy reduction mandates, including the provisions of section 543; and “(G) succeeded in the implementation of the guidelines established under section 159. “(3) There is authorized to be appropriated to carry out this subsection not more than $250,000 for each of the fiscal years 1993 1994 and 1995.

5. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 152(f)(3) · 106 Stat. 2776

   1. Added · 42 U.S.C. § 8256(c); 42 U.S.C. § 8256(d)

      Pub. L. 102–486, § 152(f)(3), (4), added subsecs. (c) and (d)

   2. Struck · 42 U.S.C. § 8256(c); 42 U.S.C. § 8256(d)

      Pub. L. 102–486, § 152(f)(3), (4), struck out former subsec. (c) which read as follows: “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 subchapter VII of this chapter shall remain available for obligation, without further appropriation, to undertake additional energy conservation measures.”

   Source evidence

   Code amendment note
   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 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 subchapter VII of this chapter shall remain available for obligation, without further appropriation, to undertake additional energy conservation measures.”

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

6. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 title I § 102(f) · 119 Stat. 594

   Added · 42 U.S.C. § 8256(e)

   Pub. L. 109–58 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 109–58 added subsec. (e).

   Enacted provision · exact public law section
   (f) Retention of Energy and Water Savings.— Section 546 of the National Energy Conservation Policy Act (42 U.S.C. 8256) is amended by adding at the end the following new subsection: “(e) Retention of Energy and Water Savings.— An agency may retain any funds appropriated to that agency for energy expenditures, water expenditures, or wastewater treatment expenditures, at buildings subject to the requirements of section 543(a) and (b), that are not made because of energy savings or water savings. Except as otherwise provided by law, such funds may be used only for energy efficiency, water conservation, or unconventional and renewable energy resources projects. Such projects shall be subject to the requirements of section 3307 of title 40, United States Code.” .

7. 2007

   Energy Independence and Security Act of 2007

   Pub. L. 110–140 title V § 516 · 121 Stat. 1492

   Struck · 42 U.S.C. § 8256(c)(5)

   Pub. L. 110–140 struck out par. (5) which read as follows:

   Source evidence

   Code amendment note
   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 energy 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 subchapter VII of this chapter and utility energy efficiency 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 facilities at which energy savings were achieved. “(B) Agencies shall establish a fund and maintain strict financial accounting and controls for savings realized and expenditures made under this subsection. Records maintained pursuant to this subparagraph shall be made available for public inspection upon request.”

   Enacted provision · exact public law section
   SEC. 516. RETENTION OF SAVINGS.   Section 546(c) of the National Energy Conservation Policy Act (42 U.S.C. 8256(c)) is amended by striking paragraph (5).

   Effective date note
   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 section 1824 of Title 2, The Congress.

12 of 12 references resolved to an enrolled provision