42 U.S.C. § 8259b — Federal procurement of energy efficient products

(a) Definitions — "Agency" has the meaning given in section 7902(a) of title 5. An "Energy Star product" is a product rated for energy efficiency under an Energy Star program, which is the program set up under section 6294a. A "FEMP designated product" is a product the Department of Energy's Federal Energy Management Program has named as one of the top 25% most energy-efficient products in its category. "Product" does not include any energy-using product or system built or bought for combat or combat-related missions. (b) Procurement of energy efficient products — (1) When buying an energy-using product in a category covered by the Energy Star program or the FEMP designated-products program, an agency head must — with the exceptions in (2) — buy either (A) an Energy Star product, or (B) a FEMP designated product. (2) An agency head doesn't have to buy one of these if, in writing, they find that (A) it isn't cost-effective over the product's life once energy savings are counted, or (B) no such product reasonably available meets the agency's needs. (3) Agencies must build energy-efficiency criteria — matching how Energy Star and FEMP products are rated — into the specifications and evaluation factors for all contracts involving energy-using products, including guide specs, project specs, and construction, renovation, and service contracts. (c) Listing of energy efficient products in Federal catalogs — GSA and the Defense Logistics Agency must clearly mark and prominently display Energy Star and FEMP products in their catalogs. They must list, claim as available, and actually supply only these products for covered categories — unless the ordering agency head states in writing that no such product meets their functional needs, or that none is cost-effective over its life once energy savings are counted. (d) Specific products — (1) For electric motors from 1 to 500 horsepower, agencies must choose only premium-efficient motors meeting a standard the Secretary sets. The Secretary had to set that standard within 120 days of August 8, 2005, after hearing from motor manufacturers and efficiency groups. (2) Agencies are encouraged to maximize air conditioning and refrigeration efficiency, including through cleaning, maintenance, and any efficiency-boosting treatment or additive — but any such treatment or additive must be (A) found by the Secretary to boost efficiency without hurting cooling performance or equipment life, (B) found by the EPA to be environmentally safe, and (C) shown by NIST testing, under DOE procedures, to raise the SEER or EER rating without harming the system, its parts, the refrigerant, lubricant, or other materials. Test results under (C) must be published in the Federal Register for public comment. A hardware device or primary refrigerant doesn't count as an "additive" here. (e) Federally-procured appliances with standby power — (1) An "eligible product" is a commercially available off-the-shelf product that (A) uses external standby power devices or has a built-in standby power function, and (B) is on the list made under paragraph (4). (2) If an agency buys an eligible product, it must buy (A) one that uses 1 watt or less in standby mode, or (B) if none like that exists, the lowest-wattage one available. (3) This rule only applies if (A) the lower-wattage product is life cycle cost-effective and practical, and (B) picking it doesn't hurt the product's usefulness or performance. (4) The Secretary, with the Department of Defense, EPA, and GSA, must keep a public list of cost-effective eligible products subject to this rule. (f) Regulations — Within 180 days of August 8, 2005, the Secretary had to issue guidelines to carry out this section.