2011 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part IV - SERVICE, SUPPLY, AND PROCUREMENT (§§ 2201 - 2925)
Chapter 173 - ENERGY SECURITY (§§ 2911 - 2925)
Subchapter I - ENERGY SECURITY ACTIVITIES (§§ 2911 - 2919)
Section 2911 - Energy performance goals and master plan for the Department of Defense
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 173 - ENERGY SECURITY SUBCHAPTER I - ENERGY SECURITY ACTIVITIES Sec. 2911 - Energy performance goals and master plan for the Department of Defense |
Contains | section 2911 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added and amended Pub. L. 109-364, div. B, title XXVIII, §§2851(a)(1), 2852, Oct. 17, 2006, 120 Stat. 2489, 2496; Pub. L. 111-84, div. B, title XXVIII, §2842, Oct. 28, 2009, 123 Stat. 2680; Pub. L. 111-383, div. B, title XXVIII, §§2831, 2832(a), Jan. 7, 2011, 124 Stat. 4467, 4468; Pub. L. 112-81, div. B, title XXVIII, §§2821(b)(1), 2822(b), 2823(a), 2824(a), 2825(b), Dec. 31, 2011, 125 Stat. 1691, 1692, 1694. |
Presidential Document Number References | Executive Order 13123 |
Statutes at Large References | 115 Stat. 1054 120 Stat. 2489, 2164 122 Stat. 560, 561, 4420, 4422 123 Stat. 2680, 2259 124 Stat. 4467, 4176, 4374 125 Stat. 1691, 1357, 1692, 1694 |
Public Law References | Public Law 107-107, Public Law 109-364, Public Law 110-181, Public Law 110-417, Public Law 111-84, Public Law 111-383, Public Law 112-81 |
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(a)
(2) The energy performance goals shall be submitted annually not later than the date on which the President submits to Congress the budget for the next fiscal year under section 1105 of title 31 and cover that fiscal year as well as the next five, l0, and 20 years. The Secretary shall identify changes to the energy performance goals since the previous submission.
(b)
(2) The master plan shall include the following:
(A) A separate master plan, developed by each military department and Defense Agency, for the achievement of energy performance goals.
(B) The use of a baseline standard for the measurement of energy consumption by transportation systems, support systems, utilities, and facilities and infrastructure that is consistent for all of the military departments.
(C) A method of measurement of reductions or conservation in energy consumption that provides for the taking into account of changes in the current size of fleets, number of facilities, and overall square footage of facility plants.
(D) Metrics to track annual progress in meeting energy performance goals.
(E) A description of specific requirements, and proposed investments, in connection with the achievement of energy performance goals reflected in the budget of the President for each fiscal year (as submitted to Congress under section 1105(a) of title 31).
(F) The up-to date list of energy-efficient products maintained under section 2915(e)(2) of this title.
(3) Not later than 30 days after the date on which the budget of the President is submitted to Congress for a fiscal year under section 1105(a) of title 31, the Secretary shall submit the current version of the master plan to Congress.
(c)
(1) Opportunities to reduce the current rate of consumption of energy.
(2) Opportunities to reduce the future demand and the requirements for the use of energy.
(3) Opportunities to implement conservation measures to improve the efficient use of energy.
(4) Opportunities to pursue alternative energy initiatives, including the use of alternative fuels and hybrid-electric drive in military vehicles and equipment.
(5) Opportunities for the high-performance construction, lease, operation, and maintenance of buildings.
(6) Cost effectiveness, cost savings, and net present value of alternatives.
(7) The value of diversification of types and sources of energy used.
(8) The value of economies-of-scale associated with fewer energy types used.
(9) The value of the use of renewable energy sources.
(10) The value of incorporating electric, hybrid-electric, and high efficiency vehicles into vehicle fleets.
(11) The potential for an action to serve as an incentive for members of the armed forces and civilian personnel to reduce energy consumption or adopt an improved energy performance measure.
(12) Opportunities for improving energy security for facility energy projects that will use renewable energy sources.
(d)
(1) are readily available;
(2) demonstrate an economic return on the investment;
(3) are consistent with the energy performance goals and energy performance master plan for the Department; and
(4) are supported by the special considerations specified in subsection (c).
(e)
(A) to produce or procure not less than 25 percent of the total quantity of facility energy it consumes within its facilities during fiscal year 2025 and each fiscal year thereafter from renewable energy sources; and
(B) to produce or procure facility energy from renewable energy sources whenever the use of such renewable energy sources is consistent with the energy performance goals and energy performance master plan for the Department and supported by the special considerations specified in subsection (c).
(2) To help ensure that the goal specified in paragraph (1)(A) regarding the use of renewable energy by the Department of Defense is achieved, the Secretary of Defense shall establish an interim goal for fiscal year 2018 for the production or procurement of facility energy from renewable energy sources.
(3)(A) The Secretary of Defense shall establish a policy to maximize savings for the bulk purchase of replacement renewable energy certificates in connection with the development of facility energy projects using renewable energy sources.
(B) Under the policy required by subparagraph (A), the Secretary of a military department shall submit requests for the purchase of replacement renewable energy certificates to a centralized purchasing authority maintained by such department or the Defense Logistics Agency with expertise regarding—
(i) the market for renewable energy certificates;
(ii) the procurement of renewable energy certificates; and
(iii) obtaining the best value for the military department by maximizing the purchase of renewable energy certificates from projects placed into service before January 1, 1999.
(C) The centralized purchasing authority shall solicit industry for the most competitive offer for replacement renewable energy certificates, to include a combination of renewable energy certificates from new projects and projects placed into service before January 1, 1999.
(D) Subparagraph (B) does not prohibit the Secretary of a military department from entering into an agreement outside of the centralized purchasing authority if the Secretary will obtain the best value by bundling the renewable energy certificates with the facility energy project through a power purchase agreement or other contractual mechanism at the installation.
(E) Nothing in this paragraph shall be construed to authorize the purchase of renewable energy certificates to meet Federal goals or mandates in the absence of the development of a facility energy project using renewable energy sources.
(F) This policy does not make the purchase of renewable energy certificates mandatory, but the policy shall apply whenever original renewable energy certificates are proposed to be swapped for replacement renewable energy certificates.
(Added and amended Pub. L. 109–364, div. B, title XXVIII, §§2851(a)(1), 2852, Oct. 17, 2006, 120 Stat. 2489, 2496; Pub. L. 111–84, div. B, title XXVIII, §2842, Oct. 28, 2009, 123 Stat. 2680; Pub. L. 111–383, div. B, title XXVIII, §§2831, 2832(a), Jan. 7, 2011, 124 Stat. 4467, 4468; Pub. L. 112–81, div. B, title XXVIII, §§2821(b)(1), 2822(b), 2823(a), 2824(a), 2825(b), Dec. 31, 2011, 125 Stat. 1691, 1692, 1694.)
Amendments2011—Pub. L. 111–383, §2832(a)(3), substituted “Energy performance goals and master plan for the Department of Defense” for “Energy performance goals and plan for Department of Defense” in section catchline.
Pub. L. 111–383, §2832(a)(2), substituted “master plan” for “plan” wherever appearing in subsecs. (c) to (e).
Subsec. (b). Pub. L. 111–383, §2832(a)(1), amended subsec. (b) generally. Prior to amendment, text read as follows: “The Secretary of Defense shall develop, and update as necessary, a comprehensive plan to help achieve the energy performance goals for the Department of Defense.”
Subsec. (b)(2)(F). Pub. L. 112–81, §2825(b), added subpar. (F).
Subsec. (c)(4). Pub. L. 111–383, §2831(1), inserted “and hybrid-electric drive” after “alternative fuels”.
Subsec. (c)(5) to (11). Pub. L. 111–383, §2831(2)–(5), added pars. (5) and (10) and redesignated former pars. (5) to (8) and (9) as (6) to (9) and (11), respectively.
Subsec. (c)(12). Pub. L. 112–81, §2822(b), added par. (12).
Subsec. (d). Pub. L. 112–81, §2821(b)(1)(A), struck out par. (1) designation, redesignated subpars. (A) to (D) as pars. (1) to (4), respectively, and struck out former par. (2), which defined “energy efficient maintenance”.
Subsec. (e)(2). Pub. L. 112–81, §2823(a), added par. (2).
Pub. L. 112–81, §2821(b)(1)(B), struck out par. (2), which defined “renewable energy source”.
Subsec. (e)(3). Pub. L. 112–81, §2824(a), added par. (3).
2009—Subsec. (e). Pub. L. 111–84, §2842(c), substituted “Facility Energy Needs” for “Electricity Needs” in heading.
Pub. L. 111–84, §2842(a), (b), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), in par. (1)(A), substituted “facility energy” for “electric energy” and struck out “and in its activities” after “facilities” and “(as defined in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)))” after “sources”, in par. (1)(B), substituted “facility energy” for “electric energy”, and added par. (2).
2006—Subsec. (e). Pub. L. 109–364, §2852, added subsec. (e).
Energy-Efficient Technologies in Contracts for Logistics Support of Contingency OperationsPub. L. 112–81, div. A, title III, §315, Dec. 31, 2011, 125 Stat. 1357, provided that:
“(a)
“(b)
“(1) The technology or process achieves long-term savings for the Government by reducing overall demand for fuel and other sources of energy in contingency operations.
“(2) The technology or process does not disrupt the mission, the logistics, or the core requirements in the contingency operation concerned.
“(3) The technology or process is able to integrate seamlessly into the existing infrastructure in the contingency operation concerned.
“(d) [So in original. No subsec. (c) has been enacted.]
“(e)
“(f)
“(1) The term ‘defense logistics support contract’ means a contract for services, or a task order under such a contract, awarded by the Department of Defense to provide logistics support during times of military mobilizations, including contingency operations, in any amount greater than the simplified acquisition threshold.
“(2) The term ‘contingency operation’ has the meaning provided in section 101(a)(13) of title 10, United States Code.”
Policy of Pursuing Energy SecurityPub. L. 112–81, div. B, title XXVIII, §2822(a), Dec. 31, 2011, 125 Stat. 1691, provided that:
“(1)
“(A) Favorable consideration for energy security in the design and development of energy projects on the military installation that will use renewable energy sources.
“(B) Guidance for commanders of military installations inside the United States on planning measures to minimize the effects of a disruption of services by a utility that sells natural gas, water, or electric energy to those installations in the event that a disruption occurs.
“(2)
“(3)
Pub. L. 112–81, div. B, title XXVIII, §2823(b), Dec. 31, 2011, 125 Stat. 1692, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011], the Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the interim renewable energy goal established pursuant to the amendment made by subsection (a) [amending this section].”
Department of Defense To Capture and Track Data Generated in Metering Department FacilitiesPub. L. 112–81, div. B, title XXVIII, §2827, Dec. 31, 2011, 125 Stat. 1694, provided that: “The Secretary of Defense shall require that the information generated by the installation energy meters be captured and tracked to determine baseline energy consumption and facilitate efforts to reduce energy consumption.”
Training Policy for Department of Defense Energy ManagersPub. L. 112–81, div. B, title XXVIII, §2829, Dec. 31, 2011, 125 Stat. 1694, provided that:
“(a)
“(1) improve the knowledge, skills, and abilities of energy managers by ensuring understanding of existing energy laws, regulations, mandates, contracting options, local renewable portfolio standards, current renewable energy technology options, energy auditing, and options to reduce energy consumption;
“(2) improve consistency among energy managers throughout the Department in the performance of their responsibilities;
“(3) create opportunities and forums for energy managers to exchange ideas and lessons learned within each military department, as well as across the Department of Defense; and
“(4) collaborate with the Department of Energy regarding energy manager training.
“(b)
“(c)
Pub. L. 111–383, div. A, title II, §242, Jan. 7, 2011, 124 Stat. 4176, provided that:
“(a)
“(b)
“(1) A commitment to participate made by a military installation being considered for selection.
“(2) The findings and recommendations of relevant energy security assessments of military installations being considered for selection.
“(3) The availability of renewable energy sources at a military installation being considered for selection.
“(4) Potential synergies between the expertise and capabilities of a national laboratory being considered for selection and the infrastructure, interests, or other energy security needs of a military installation being considered for selection.
“(5) The effects of any utility tariffs, surcharges, or other considerations on the feasibility of enabling any excess electricity generated on a military installation being considered for selection to be sold or otherwise made available to the local community near the installation.
“(c)
“(1) Under the pilot program, the Secretaries shall evaluate and validate the performance of new energy technologies that may be incorporated into operating environments.
“(2) The pilot program shall involve collaboration with the Office of Electricity Delivery and Energy Reliability of the Department of Energy and other offices and agencies within the Department of Energy, as appropriate, and the Environmental Security Technical Certification Program of the Department of Defense.
“(3) Under the pilot program, the Secretary of Defense shall investigate opportunities for any excess electricity created for the military installation to be sold or otherwise made available to the local community near the installation.
“(4) The Secretary of Defense shall use the results of the pilot program as the basis for informing key performance parameters and validating energy components and designs that could be implemented in various military installations across the country and at forward operating bases.
“(5) The pilot program shall support the effort of the Secretary of Defense to use the military as a test bed to demonstrate innovative energy technologies.
“(d)
“(e)
“(1)
“(2)
“(f)
“(1) The term ‘appropriate congressional committees’ means—
“(A) the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives; and
“(B) the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate.
“(2) The term ‘microgrid’ means an integrated energy system consisting of interconnected loads and distributed energy resources (including generators, energy storage devices, and smart controls) that can operate with the utility grid or in an intentional islanding mode.
“(3) The term ‘national laboratory’ means—
“(A) a national laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
“(B) a national security laboratory (as defined in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)).”
Energy Security on Department of Defense InstallationsPub. L. 111–84, div. A, title III, §335, Oct. 28, 2009, 123 Stat. 2259, provided that:
“(a)
“(1)
“(2)
“(A) An identification of the areas of vulnerability as described in paragraph (1), and an identification of priorities in addressing such areas of vulnerability.
“(B) A schedule for the actions to be taken by the Department to address such areas of vulnerability.
“(C) A strategy for working with other public or private sector entities to address such areas of vulnerability that are beyond the control of the Department.
“(D) An estimate of and consideration for the costs to the Department associated with implementation of the strategy.
“(b)
Pub. L. 110–417, [div. A], title III, §332, Oct. 14, 2008, 122 Stat. 4420, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(5), Jan. 7, 2011, 124 Stat. 4374, provided that:
“(a)
“(b)
“(c)
“(d)
“(e)
“(f)
“(1) an explanation of the reasons why the requirements, or portions of the requirements, have not been implemented; and
“(2) a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented.
“(g)
Pub. L. 110–417, [div. A], title III, §335, Oct. 14, 2008, 122 Stat. 4422, provided that:
“(a)
“(b)
“(1)
“(2)
“(A) prioritize the mission critical installations, facilities, and activities that are subject to the greatest and most urgent risks; and
“(B) consider the cost effectiveness of risk mitigation options.
“(c)
“(1)
“(2)
Pub. L. 110–181, div. B, title XXVIII, §2863, Jan. 28, 2008, 122 Stat. 560, provided that:
“(a)
“(b)
“(c)
“(1) the life cycle cost effectiveness of the fixture or bulb;
“(2) the compatibility of the fixture or bulb with existing equipment;
“(3) whether use of the fixture or bulb could result in interference with productivity;
“(4) the aesthetics relating to use of the fixture or bulb; and
“(5) such other factors as the Secretary concerned determines appropriate.
“(d)
“(1) the fixture or bulb is certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or
“(2) the Secretary of Defense or the Secretary of a military department has otherwise determined that the fixture or bulb is energy efficient.
“(e)
“(f)
“(g)
Pub. L. 110–181, div. B, title XXVIII, §2864, Jan. 28, 2008, 122 Stat. 561, provided that:
“(a)
“(1) The extent to which energy from renewable energy sources is used to meet the electricity needs of the Department of Defense, to be stated as a percentage of total facility electricity use for the previous fiscal year.
“(2) The extent to which energy from renewable energy sources was procured through alternative financing methods, to be stated as a percentage of total renewable energy procurement and as a dollar amount for the previous fiscal year.
“(3) The extent to which energy from renewable energy sources was procured through the use of appropriated funds, to be stated as a percentage of total renewable energy procurement and as a dollar amount for the previous fiscal year.
“(4) A graphical illustration of energy use from renewable energy sources by the Department as a percentage of total facility electricity use over time, starting no later than fiscal year 2000 and running through fiscal year 2025, including projected future trends in renewable energy consumption through fiscal year 2025 in order to meet the goals for renewable energy set forth in section 2911(e) of title 10, United States Code, or other goals, as appropriate.
“(b)
“(c)
Pub. L. 109–364, div. A, title III, §358, Oct. 17, 2006, 120 Stat. 2164, provided that: “The Secretary of Defense shall consider the utilization of fuel cells as replacements for current back-up power systems in a variety of Department of Defense operations and activities, including in telecommunications networks, perimeter security, individual equipment items, and remote facilities, in order to increase the operational longevity of back-up power systems and stand-by power systems in such operations and activities.”
Energy Efficiency in Weapons PlatformsPub. L. 109–364, div. A, title III, §360(a), Oct. 17, 2006, 120 Stat. 2164, provided that: “It shall be the policy of the Department of Defense to improve the fuel efficiency of weapons platforms, consistent with mission requirements, in order to—
“(1) enhance platform performance;
“(2) reduce the size of the fuel logistics systems;
“(3) reduce the burden high fuel consumption places on agility;
“(4) reduce operating costs; and
“(5) dampen the financial impact of volatile oil prices.”
Department of Defense Energy Efficiency ProgramPub. L. 107–107, div. A, title III, §317, Dec. 28, 2001, 115 Stat. 1054, provided that:
“(a)
“(b)
“(c)
“(1) In the case of industrial and laboratory facilities, reductions in the average energy consumption per square foot of such facilities, per unit of production or other applicable unit, relative to energy consumption in 1990—
“(A) by 20 percent by 2005; and
“(B) by 25 percent by 2010.
“(2) In the case of other facilities, reductions in average energy consumption per gross square foot of such facilities, relative to energy consumption per gross square foot in 1985—
“(A) by 30 percent by 2005; and
“(B) by 35 percent by 2010.
“(d)
“(1) purchase energy-efficient products, as so designated by the Environmental Protection Agency and the Department of Energy, and other products that are energy-efficient;
“(2) utilize energy savings performance contracts, utility energy-efficiency service contracts, and other contracts designed to achieve energy conservation;
“(3) use life-cycle cost analysis, including assessment of life-cycle energy costs, in making decisions about investments in products, services, construction, and other projects;
“(4) conduct energy efficiency audits for approximately 10 percent of all Department of Defense facilities each year;
“(5) explore opportunities for energy efficiency in industrial facilities for steam systems, boiler operation, air compressor systems, industrial processes, and fuel switching; and
“(6) retire inefficient equipment on an accelerated basis where replacement results in lower life-cycle costs.
“(e)
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