Use of Renewable Forms of Energy Encouraged .—
Consideration During Design Phase of Projects .—
Determination of Cost Effectiveness .—
Exception to Square Feet and Cost Per Square Foot Limitations .—
Use of Energy Efficient Products in Facilities .—
Pub. L. 97–214, § 2(a)96 Stat. 166Pub. L. 97–321, title VIII, § 801(b)(1)96 Stat. 1571Pub. L. 98–525, title XIV, § 1405(45)(A)98 Stat. 2625Pub. L. 101–218, § 8(b)103 Stat. 1868Pub. L. 101–510, div. B, title XXVIII, § 2852(b)104 Stat. 1804Pub. L. 102–25, title VII, § 701(g)(2)105 Stat. 115Pub. L. 109–364, div. B, title XXVIII120 Stat. 2494Pub. L. 111–383, div. B, title XXVIII, § 2832(b)124 Stat. 4468Pub. L. 112–81, div. B, title XXVIII, § 2825(a)125 Stat. 1693Pub. L. 115–91, div. B, title XXVIII, § 2831(c)(2)131 Stat. 1857(Added , , , § 2857; amended , (2), , ; , , ; , , ; , , ; , , ; renumbered § 2915 and amended , §§ 2851(b)(1), (3)(A), 2854, , , 2497; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 115–91, § 2831(c)(2)(A)2017—Subsecs. (a), (b)(1)(B), (e)(1). , substituted “subsection (e)” for “subsection (c)”.
Pub. L. 115–91, § 2831(c)(2)(B)Subsec. (e)(2)(C). , substituted “2911(d)(2)” for “2911(b)(2)”.
Pub. L. 111–383, § 2832(b)(4)2011—, substituted “Facilities: use of renewable forms of energy and energy efficient products” for “New construction: use of renewable forms of energy and energy efficient products” in section catchline.
Pub. L. 111–383, § 2832(b)(1)Subsec. (a). , inserted “and facility repairs and renovations” after “military family housing projects)” and substituted “energy performance master plan” for “energy performance plan”.
Pub. L. 111–383, § 2832(b)(2)Subsec. (b)(1). , substituted “the design for the construction, repair, or renovation of facilities (including family housing and back-up power generation facilities) requires consideration of energy systems using solar energy or other renewable forms of energy when use of a renewable form of energy—” for “the design of all new facilities (including family housing) shall include consideration of energy systems using solar energy or other renewable forms of energy.” and added subpars. (A) and (B).
Pub. L. 111–383, § 2832(b)(3)(A)Subsec. (e). , substituted “Use of Energy Efficient Products in Facilities” for “Use of Energy Efficiency Products in New Construction” in heading.
Pub. L. 111–383, § 2832(b)(3)(B)Subsec. (e)(1). , substituted “construction, repair, or renovation of facilities” for “new facility construction” and “energy performance master plan” for “energy performance plan”.
Pub. L. 112–81Subsec. (e)(2). added par. (2) and struck out former par. (2), which related to energy efficient products and provided examples of technologies, consistent with the products specified in paragraph (3).
Pub. L. 111–383, § 2832(b)(3)(D), added par. (2). Former par. (2) redesignated (3).
Pub. L. 111–383, § 2832(b)(3)(C)Subsec. (e)(3). , redesignated par. (2) as (3).
Pub. L. 109–364, § 2854(b)(1)2006—, substituted “New construction: use of renewable forms of energy and energy efficient products” for “Use of renewable forms of energy in new facilities” in section catchline.
Pub. L. 109–364, § 2851(b)(1)section 2857 of this title, renumbered as this section.
Pub. L. 109–364, § 2854(b)(2)section 2911 of this titleSubsec. (a). ,(3)(A)(i), inserted heading and substituted “is consistent with the energy performance goals and energy performance plan for the Department of Defense developed under and supported by the special considerations specified in subsection (c) of such section” for “would be practical and economically feasible”.
Pub. L. 109–364, § 2854(b)(3)Subsec. (b). , inserted heading.
Pub. L. 109–364, § 2851(b)(3)(A)(ii)Subsec. (b)(1). , struck out “in those cases in which use of such forms of energy has the potential for reduced energy costs” before period at end.
Pub. L. 109–364, § 2854(b)(4)Subsecs. (c), (d). , (5) inserted headings.
Pub. L. 109–364, § 2854(a)Subsec. (e). , added subsec. (e).
Pub. L. 102–2542 U.S.C. 8254(a)1991—Subsec. (c)(2). inserted “()” after “Policy Act”.
Pub. L. 101–5101990—Subsec. (c)(2), (3). 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 facility 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 with and without an energy system using solar energy or other renewable forms of energy over the expected life of the facility 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.”
Pub. L. 101–2181989—Subsec. (b)(1). substituted “reduced energy costs” for “significant savings of fossil-fuel-derived energy”.
Pub. L. 98–5251984—Subsec. (b)(1). substituted “use of such forms of energy has the potential for” for “use of solar energy has the potential for”.
Pub. L. 97–321, § 801(b)(2)1982—, substituted “renewable forms of energy in new facilities” for “solar energy systems” in section catchline.
Pub. L. 97–321, § 801(b)(1)(A)Subsec. (a). , substituted “energy systems using solar energy or other renewable forms of energy” and “such form of energy would” for “solar energy systems” and “solar energy would”, respectively.
Pub. L. 97–321, § 801(b)(1)(B)Subsec. (b)(1). , substituted “energy systems using solar energy or other renewable forms of energy” for “solar energy systems” and directed that “such form of energy has” be substituted for “a solar energy has”, but “a solar energy has” did not appear in par. (1). See 1984 Amendment note above.
Pub. L. 97–321, § 801(b)(1)(B)(i)Subsec. (b)(2). , substituted “energy systems using solar energy or other renewable forms of energy” for “solar energy systems”.
Pub. L. 97–321, § 801(b)(1)(C)Subsec. (c). –(E), substituted: in par. (1) “an energy system using solar energy or other renewable forms of energy” for “a solar energy system” before “for a facility” and in items (A) and (B) “such a system” for “a solar energy system”; in par. (2)(A) “an energy system using solar energy or other renewable forms of energy” for “a solar energy system”; and in par. (3) “energy system using solar energy or other renewable forms of energy” for “solar energy system”, respectively.
Pub. L. 97–321, § 801(b)(1)(F)Subsec. (d). , substituted “heating equipment, cooling equipment, or both heating and cooling equipment using solar energy or other renewable forms of energy or with a passive energy energy system using solar energy or other renewable forms of energy” for “solar heating equipment, solar cooling equipment, or both solar heating and solar cooling equipment, or with a passive solar energy system”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–525, title XIV, § 1405(45)(B)98 Stat. 2625
Effective Date
section 12(a) of Pub. L. 97–214section 2801 of this titleFor effective date and applicability of section, see , set out as a note under .