
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8287c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 91--NATIONAL ENERGY CONSERVATION POLICY
 
          SUBCHAPTER VII--ENERGY SAVINGS PERFORMANCE CONTRACTS
 
Sec. 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 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.

        (3) 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
            (B) shall, with respect to an agency facility that is a 
        public building as such term is defined in section 612(1) of 
        title 40, be in compliance with the prospectus requirements and 
        procedures of section 606 of title 40.

        (4) The term ``energy conservation measures'' has the meaning 
    given such term in section 8259(4) of this title.

(Pub. L. 95-619, title VIII, Sec. 804, as added Pub. L. 99-272, title 
VII, Sec. 7201(a), Apr. 7, 1986, 100 Stat. 143; amended Pub. L. 102-486, 
title I, Sec. 155(b), Oct. 24, 1992, 106 Stat. 2855; Pub. L. 105-388, 
Sec. 4(b), Nov. 13, 1998, 112 Stat. 3477.)


                               Amendments

    1998--Par. (1). Pub. L. 105-388 amended par. (1) generally. Prior to 
amendment, par. (1) read as follows: ``The term `Federal agency' means 
an agency defined in section 551(1) of title 5.''
    1992--Pub. L. 102-486, Sec. 155(b)(1), substituted ``subchapter, the 
following definitions apply:'' for ``subchapter--'' in introductory 
provisions
    Par. (1). Pub. L. 102-486, Sec. 155(b)(2), substituted ``The'' for 
``the'' and a period for ``, and '' at end.
    Par. (2). Pub. L. 102-486, Sec. 155(b)(3), substituted ``The term'' 
for ``the term''.
    Pars. (3), (4). Pub. L. 102-486, Sec. 155(b)(4), added pars. (3) and 
(4).
