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(4) An agency may participate in the Environmental Protection Agency's "Green Lights" program for purposes of receiving technical assistance in complying with the requirements of this section.
(c) EXCLUSIONS.-(1) An agency may exclude, from the energy consumption requirements for the year 2000 established under subsection (a) and the requirements of subsection (b)(1), any Federal building or collection of Federal buildings, and the associated energy consumption and gross square footage, if the head of such agency finds that compliance with such requirements would be impractical. A finding of impracticability shall be based on the energy intensiveness of activities carried out in such Federal buildings or collection of Federal buildings, the type and amount of energy consumed, the technical feasibility of making the desired changes, and, in the cases of the Departments of Defense and Energy, the unique character of certain facilities operated by such Depart
(2) Each agency shall identify and list, in each report made under section 548(a), the Federal buildings designated by it for such exclusion. The Secretary shall review such findings for consistency with the impracticability standards set forth in paragraph (1), and may within 90 days after receipt of the findings, reverse a finding of impracticability. In the case of any such reversal, the agency shall comply with the energy consumption requirements for the building concerned.
(d) IMPLEMENTATION STEPS.-The Secretary shall consult with the Secretary of Defense and the Administrator of General Services in developing guidelines for the implementation of this part. To meet the requirements of this section, each agency shall
(1) prepare and submit to the Secretary, not later than December 31, 1993, a plan describing how the agency intends to meet such requirements, including how it will
(A) designate personnel primarily responsible for achieving such requirements;
(B) identify high priority projects through calculation of payback periods;
(C) take maximum advantage of contracts authorized under title VIII of this Act, of financial incentives and other services provided by utilities for efficiency investment, and of other forms of financing to reduce the direct costs to the Government; and
(D) otherwise implement this part;
(2) perform energy surveys of its Federal buildings to the extent necessary and update such surveys as needed, incorporating any relevant information obtained from the survey conducted pursuant to section 550;
(3) using such surveys, determine the cost and payback period of energy and water conservation measures likely to achieve the requirements of this section;
(4) install energy and water conservation measures that will achieve the requirements of this section through the methods and procedures established pursuant to section 544; and
(5) ensure that the operation and maintenance procedures applied under this section are continued.
[42 U.S.C. 8253]
SEC. 544. ESTABLISHMENT AND USE OF LIFE CYCLE COST METHODS
(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 Institute of Standards and Technology, 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, after January 1, 1994, fully consider the efficiency of all potential building space at the time of renewing or entering into a new lease.
(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.
[42 U.S.C. 8254]
BUDGET TREATMENT FOR ENERGY CONSERVATION MEAS-
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).
[42 U.S.C. 8255]
SEC. 546. INCENTIVES FOR AGENCIES.
(a) CONTRACTS.-(1) 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.
(2) The Secretary shall, not later than 18 months after the date of the enactment of the Energy Policy Act of 1992 and after consultation with the Director of the Office of Management and Budg
et, the Secretary of Defense, and the Administrator of General Services, develop appropriate procedures and methods for use by agencies to implement the incentives referred to in paragraph (1).
(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 in
centive 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.
[42 U.S.C. 8256]
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, 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 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.
[42 U.S.C. 8257]
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(a)(2), 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, not later than April 2 of each year, 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) a copy of the list of the exclusions made under sections 543(a)(2) and 543(c)(3); and
(B) a statement detailing the amount of funds awarded to each agency under section 546(b), the energy and water conservation measures installed with such funds, the projected energy and water savings to be realized from installed measures, and, for each installed measure for which the projected energy and water savings reported in the previous year were not realized, the percentage of such projected savings that was not realized, the reasons such savings were not realized, and proposals for, and projected costs of, achieving such projected savings in the future;