42 U.S.C. § 8287c | Definitions

For purposes of this subchapter, the following definitions apply:

(1)

The term “Federal agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency.

(2)

The term “energy savings” means—

(A)

section 8259 of this title a reduction in the cost of energy, water, or wastewater treatment, from a base cost established through a methodology set forth in the contract, used in an existing Federal building (as defined in ) as a result of—

(i)

the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services;

(ii)

section 8259 of this title the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a Federal building (as defined in ); or

(iii)

the increased efficient use of existing water sources in either interior or exterior applications;

(B)

the increased efficient use of an existing energy source by cogeneration or heat recovery;

(C)

if otherwise authorized by Federal or State law (including regulations), the sale or transfer of electrical or thermal energy generated on-site from renewable energy sources or cogeneration, but in excess of Federal needs, to utilities or non-Federal energy users;

(D)

the increased efficient use of existing water sources in interior or exterior applications;

(E)

the use, sale, or transfer of any energy and water incentive, rebate, grid services revenue, or credit (including a renewable energy certificate); and

(F)

any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment.

(3)

section 3301 of title 40 section 3307 of title 40 The terms “energy savings contract” and “energy savings performance contract” mean a contract that provides for the performance of services for the design, acquisition, installation, testing, and, where appropriate, operation, maintenance, and repair, of an identified energy or water conservation measure or series of measures at 1 or more locations. Such contracts shall, with respect to an agency facility that is a public building (as such term is defined in ), be in compliance with the prospectus requirements and procedures of .

(4)

The term “energy or water conservation measure” means—

(A)

section 8259 of this title an energy conservation measure, as defined in ; or

(B)

a water conservation measure that improves the efficiency of water use, is life-cycle cost-effective, and involves water conservation, water recycling or reuse, more efficient treatment of wastewater or stormwater, improvements in operation or maintenance efficiencies, retrofit activities, or other related activities, not at a Federal hydroelectric facility.

Pub. L. 95–619, title VIII, § 804 Pub. L. 99–272, title VII, § 7201(a)Apr. 7, 1986100 Stat. 143 Pub. L. 102–486, title I, § 155(b)Oct. 24, 1992106 Stat. 2855 Pub. L. 105–388, § 4(b)Nov. 13, 1998112 Stat. 3477 Pub. L. 108–375, div. A, title X, § 1090(c)Oct. 28, 2004118 Stat. 2067 Pub. L. 110–140, title V, § 515Dec. 19, 2007121 Stat. 1659 Pub. L. 116–260, div. Z, title I, § 1002(f)Dec. 27, 2020134 Stat. 2423(, as added , , ; amended , , ; , , ; –(e), , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–260, § 1002(f)(1)section 8259 of this title2020—Par. (2)(A). , substituted “Federal building (as defined in )” for “federally owned building or buildings or other federally owned facilities” in introductory provisions and in cl. (ii).

Pub. L. 116–260, § 1002(f)(2)Par. (2)(E), (F). –(4), added subpars. (E) and (F).

Pub. L. 110–1402007—Par. (2). substituted “means—” for “means” in introductory provisions, inserted subpar. (A) designation before “a reduction”, redesignated former subpars. (A) to (C) as cls. (i) to (iii) of subpar. (A), respectively, and added subpars. (B) to (D).

Pub. L. 108–375, § 1090(c)2004—Par. (2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The term ‘energy savings’ means a reduction in the cost of energy, from a base cost established through a methodology set forth in the contract, utilized in an existing federally owned building or buildings or other federally owned facilities as a result of—

“(A) the lease or purchase of operating equipment, improvements, altered operation and maintenance, or technical services; or

“(B) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities.”

Pub. L. 108–375, § 1090(d)Par. (3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The terms ‘energy savings contract’ and ‘energy savings performance contract’ mean a contract which provides for the performance of services for the design, acquisition, installation, testing, operation, and, where appropriate, maintenance and repair, of an identified energy conservation measure or series of measures at one or more locations. Such contracts—

“(A) may provide for appropriate software licensing agreements; and

40 U.S.C. 612(1)40 U.S.C. 606“(B) shall, with respect to an agency facility that is a public building as such term is defined in section 13(1) of the Public Buildings Act of 1959 (), be in compliance with the prospectus requirements and procedures of section 7 of the Public Buildings Act of 1959 ().”

Pub. L. 108–375, § 1090(e)section 8259(4) of this titlePar. (4). , amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘energy conservation measures’ has the meaning given such term in .”

Pub. L. 105–388 section 551(1) of title 51998—Par. (1). amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘Federal agency’ means an agency defined in .”

Pub. L. 102–486, § 155(b)(1)1992—, substituted “subchapter, the following definitions apply:” for “subchapter—” in introductory provisions.

Pub. L. 102–486, § 155(b)(2)Par. (1). , substituted “The” for “the” and a period for “, and” at end.

Pub. L. 102–486, § 155(b)(3)Par. (2). , substituted “The term” for “the term”.

Pub. L. 102–486, § 155(b)(4)Pars. (3), (4). , added pars. (3) and (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Pub. L. 110–140Dec. 19, 2007section 1601 of Pub. L. 110–140 section 1824 of Title 2Amendment by effective on the date that is 1 day after , see , set out as an Effective Date note under , The Congress.