§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, §804, as added Pub. L. 99–272, title VII, §7201(a), Apr. 7, 1986, 100 Stat. 143 ; amended Pub. L. 102–486, title I, §155(b), Oct. 24, 1992, 106 Stat. 2855 ; Pub. L. 105–388, §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, §155(b)(1), substituted "subchapter, the following definitions apply:" for "subchapter-" in introductory provisions

Par. (1). Pub. L. 102–486, §155(b)(2), substituted "The" for "the" and a period for ", and " at end.

Par. (2). Pub. L. 102–486, §155(b)(3), substituted "The term" for "the term".

Pars. (3), (4). Pub. L. 102–486, §155(b)(4), added pars. (3) and (4).