42 U.S.C. § 15852: Federal purchase requirement

Summary

The President, through the Secretary, must try to make sure that, when it is economically feasible and technically practical, a growing share of the electric energy the federal government uses comes from renewable sources: at least 3% in fiscal years 2007–2009, at least 5% in fiscal years 2010–2012, and at least 7.5% in fiscal year 2013 and every year after. Renewable energy that is made and used at a federal site, or made on Federal lands or on Indian land (as defined in the Energy Policy Act of 1992) and used at a federal site, counts double for meeting these targets. Energy saved by using geothermal systems counts as renewable energy, but that saved energy cannot also be counted as energy efficiency for other federal efficiency goals. The Secretary must report to Congress on progress by April 15, 2007, and every two years after that. Biomass: nonhazardous plant- and wood-based materials such as certain forest residues, many kinds of wood waste (not treated or painted), agricultural residues and livestock waste nutrients, or plants grown just for fuel. Renewable energy: marine energy or electricity from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric capacity added or made more efficient at existing hydro projects.

Title 42, §15852

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Requirement

The President, acting through the Secretary, shall seek to ensure that, to the extent economically feasible and technically practicable, of the total amount of electric energy the Federal Government consumes during any fiscal year, the following amounts shall be renewable energy:

(1)Not less than 3 percent in fiscal years 2007 through 2009.

(2)Not less than 5 percent in fiscal years 2010 through 2012.

(3)Not less than 7.5 percent in fiscal year 2013 and each fiscal year thereafter.

(b)Definitions

In this section: (1) Biomass

(2)Renewable energy

The term “renewable energy” means marine energy (as defined in section 17211 of this title), or electric energy produced from solar, wind, biomass, landfill gas, geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project.

(c)Calculation

(1)In general

For purposes of determining compliance with the requirement of this section, the amount of renewable energy shall be doubled if—

(A)the renewable energy is produced and used on-site at a Federal facility;

(B)the renewable energy is produced on Federal lands and used at a Federal facility; or

(C)the renewable energy is produced on Indian land as defined in title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) and used at a Federal facility.

(2)Separate calculation

(A)In general

For purposes of determining compliance with the requirement of this section, any energy consumption that is avoided through the use of geothermal energy shall be considered to be renewable energy produced.

(B)Efficiency accounting

Energy consumption that is avoided through the use of geothermal energy that is considered to be renewable energy under this section shall not be considered energy efficiency for the purpose of compliance with Federal energy efficiency goals, targets, and incentives.

(d)Report

Not later than April 15, 2007, and every 2 years thereafter, the Secretary shall provide a report to Congress on the progress of the Federal Government in meeting the goals established by this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Energy Policy Act of 1992, referred to in subsec. (c)(1)(C), is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776. Title XXVI of the Act is classified generally to chapter 37 (§ 3501 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see

Short Title

note set out under section 13201 of this title and Tables.

Amendments

2020—Subsec. (b)(2). Pub. L. 116–260, § 3006(b)(2), inserted “marine energy (as defined in section 17202 of this title), or” before “electric energy” and struck out “ocean (including tidal, wave, current, and thermal),” before “geothermal”. Pub. L. 116–260, § 3002(o)(1), substituted “produced” for “generated”. Subsec. (c). Pub. L. 116–260, § 3002(o)(2), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), and added par. (2).

Executive Documents

Federal Leadership on Energy Management Memorandum of President of the United States, Dec. 5, 2013, 78 F.R. 75209, which set a renewable energy target and building performance and energy management requirements for Federal agencies, was revoked by Ex. Ord. No. 13693, § 16(b), Mar. 19, 2015, 80 F.R. 15880, formerly set out in a note under section 4321 of this title.

§15852 Federal Purchase Requirement