
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2857]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2857. Use of renewable forms of energy in new facilities

    (a) The Secretary of Defense shall encourage the use of energy 
systems using solar energy or other renewable forms of energy as a 
source of energy for military construction projects (including military 
family housing projects) where use of such form of energy would be 
practical and economically feasible.
    (b)(1) The Secretary concerned shall require that the design of all 
new facilities (including family housing) shall include consideration of 
energy systems using solar energy or other renewable forms of energy in 
those cases in which use of such forms of energy has the potential for 
reduced energy costs.
    (2) The Secretary concerned shall require that contracts for 
construction resulting from such design include a requirement that 
energy systems using solar energy or other renewable forms of energy be 
installed if such systems can be shown to be cost effective.
    (c)(1) For the purposes of this section, an energy system using 
solar energy or other renewable forms of energy for a facility shall be 
considered to be cost effective if the difference between (A) the 
original investment cost of the energy system for the facility with such 
a system, and (B) the original investment cost of the energy system for 
the facility without such a system can be recovered over the expected 
life of the facility.
    (2) A determination under paragraph (1) concerning whether a cost-
differential can be recovered over the expected life of a facility shall 
be made using the life-cycle cost methods and procedures established 
pursuant to section 544(a) of the National Energy Conservation Policy 
Act (42 U.S.C. 8254(a)).
    (d) In order to equip a military construction project (including a 
military family housing project) with heating equipment, cooling 
equipment, or both heating and cooling equipment using solar energy or 
other renewable forms of energy or with a passive energy system using 
solar energy or other renewable forms of energy, the Secretary concerned 
may authorize an increase in any otherwise applicable limitation with 
respect to the number of square feet or the cost per square foot of the 
project by such amount as may be necessary for such purpose. Any such 
increase under this subsection shall be in addition to any other 
administrative increase in cost per square foot or variation in floor 
area authorized by law.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 166; amended 
Pub. L. 97-321, title VIII, Sec. 801(b)(1), (2), Oct. 15, 1982, 96 Stat. 
1571; Pub. L. 98-525, title XIV, Sec. 1405(45)(A), Oct. 19, 1984, 98 
Stat. 2625; Pub. L. 101-218, Sec. 8(b), Dec. 11, 1989, 103 Stat. 1868; 
Pub. L. 101-510, div. B, title XXVIII, Sec. 2852(b), Nov. 5, 1990, 104 
Stat. 1804; Pub. L. 102-25, title VII, Sec. 701(g)(2), Apr. 6, 1991, 105 
Stat. 115.)


                               Amendments

    1991--Subsec. (c)(2). Pub. L. 102-25 inserted ``(42 U.S.C. 
8254(a))'' after ``Policy Act''.
    1990--Subsec. (c)(2), (3). Pub. L. 101-510 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.''
    1989--Subsec. (b)(1). Pub. L. 101-218 substituted ``reduced energy 
costs'' for ``significant savings of fossil-fuel-derived energy''.
    1984--Subsec. (b)(1). Pub. L. 98-525 substituted ``use of such forms 
of energy has the potential for'' for ``use of solar energy has the 
potential for''.
    1982--Pub. L. 97-321, Sec. 801(b)(2), substituted ``renewable forms 
of energy in new facilities'' for ``solar energy systems'' in section 
catchline.
    Subsec. (a). Pub. L. 97-321, Sec. 801(b)(1)(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.
    Subsec. (b)(1). Pub. L. 97-321, Sec. 801(b)(1)(B), 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.
    Subsec. (b)(2). Pub. L. 97-321, Sec. 801(b)(1)(B)(i), substituted 
``energy systems using solar energy or other renewable forms of energy'' 
for ``solar energy systems''.
    Subsec. (c). Pub. L. 97-321, Sec. 801(b)(1)(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.
    Subsec. (d). Pub. L. 97-321, Sec. 801(b)(1)(F), 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''.


                    Effective Date of 1984 Amendment

    Section 1405(45)(B) of Pub. L. 98-525 provided that: ``The amendment 
made by subparagraph (A) [amending this section] shall take effect as if 
it had been included in the amendments made by section 801 of Public Law 
97-321.''


                             Effective Date

    For effective date and applicability of section, see section 12(a) 
of Pub. L. 97-214, set out as a note under section 2801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2394a of this title.
