42 USC 8259b - Federal procurement of energy efficient products

U.S Code last checked for updates: Nov 22, 2024

§ 8259b.

Federal procurement of energy efficient products

(a)

Definitions

In this section:

(1)

Agency

(2)

Energy Star product

(3)

Energy Star program

(4)

FEMP designated product

(5)

Product

(b)

Procurement of energy efficient products

(1)

Requirement

To meet the requirements of an agency for an energy consuming product in a product category covered by the Energy Star program or the Federal Energy Management Program for designated products, the head of the agency shall, except as provided in paragraph (2), procure—

(A)

an Energy Star product; or

(B)

a FEMP designated product.

(2)

Exceptions

The head of an agency is not required to procure an Energy Star product or FEMP designated product under paragraph (1) if the head of the agency finds in writing that—

(A)

an Energy Star product or FEMP designated product is not cost-effective over the life of the product taking energy cost savings into account; or

(B)

no Energy Star product or FEMP designated product is reasonably available that meets the functional requirements of the agency.

(3)

Procurement planning

(c)

Listing of energy efficient products in Federal catalogs

(d)

Specific products

(1)

In the case of electric motors of 1 to 500 horsepower, agencies shall select only premium efficient motors that meet a standard designated by the Secretary. The Secretary shall designate such a standard not later than 120 days after August 8, 2005, after considering the recommendations of associated electric motor manufacturers and energy efficiency groups.

(2)

All Federal agencies are encouraged to take actions to maximize the efficiency of air conditioning and refrigeration equipment, including appropriate cleaning and maintenance, including the use of any system treatment or additive that will reduce the electricity consumed by air conditioning and refrigeration equipment. Any such treatment or additive must be—

(A)

determined by the Secretary to be effective in increasing the efficiency of air conditioning and refrigeration equipment without having an adverse impact on air conditioning performance (including cooling capacity) or equipment useful life;

(B)

determined by the Administrator of the Environmental Protection Agency to be environmentally safe; and

(C)

shown to increase seasonal energy efficiency ratio (SEER) or energy efficiency ratio (EER) when tested by the National Institute of Standards and Technology according to Department of Energy test procedures without causing any adverse impact on the system, system components, the refrigerant or lubricant, or other materials in the system.

Results of testing described in subparagraph (C) shall be published in the Federal Register for public review and comment. For purposes of this section, a hardware device or primary refrigerant shall not be considered an additive.

(e)

Federally-procured appliances with standby power

(1)

Definition of eligible product

In this subsection, the term “eligible product” means a commercially available, off-the-shelf product that—

(A)

(i)

uses external standby power devices; or

(ii)

contains an internal standby power function; and

(B)

is included on the list compiled under paragraph (4).

(2)

Federal purchasing requirement

Subject to paragraph (3), if an agency purchases an eligible product, the agency shall purchase—

(A)

an eligible product that uses not more than 1 watt in the standby power consuming mode of the eligible product; or

(B)

if an eligible product described in subparagraph (A) is not available, the eligible product with the lowest available standby power wattage in the standby power consuming mode of the eligible product.

(3)

Limitation

The requirements of paragraph (2) shall apply to a purchase by an agency only if—

(A)

the lower-wattage eligible product is—

(i)

lifecycle cost-effective; and

(ii)

practicable; and

(B)

the utility and performance of the eligible product is not compromised by the lower wattage requirement.

(4)

Eligible products

(f)

Regulations

(Pub. L. 95–619, title V, § 553, as added Pub. L. 109–58, title I, § 104(a), Aug. 8, 2005, 119 Stat. 609; amended Pub. L. 110–140, title V, §§ 524, 525(a), Dec. 19, 2007, 121 Stat. 1662, 1663.)

cite as: 42 USC 8259b