42 U.S.C. § 8287c — Definitions

This section defines terms used throughout this subchapter: (1) "Federal agency" means every authority of the United States government, whether or not another agency reviews it. (2) "Energy savings" means several different things: (A) a drop in the cost of energy, water, or wastewater treatment for an existing Federal building, measured against a baseline set in the contract, resulting from leasing or buying equipment, changing operations and maintenance, using technical services, using cogeneration or heat recovery more efficiently, or using existing water sources more efficiently indoors or outdoors; (B) more efficient use of an existing energy source through cogeneration or heat recovery; (C) if allowed under other federal or state law, selling or transferring excess electrical or thermal energy generated on-site from renewable sources or cogeneration to utilities or non-federal users; (D) more efficient use of existing water sources indoors or outdoors; (E) using, selling, or transferring any energy or water incentive, rebate, grid services revenue, or credit; and (F) any revenue from reduced energy or water use, more efficient waste recycling, or more efficient equipment generating extra energy. (3) "Energy savings contract" and "energy savings performance contract" mean a contract covering the design, purchase, installation, testing, and — where appropriate — operation, maintenance, and repair of an identified energy or water conservation measure. If the contract covers a public building (as defined in section 3301 of title 40), it must follow the prospectus rules in section 3307 of title 40. (4) "Energy or water conservation measure" means either (A) an energy conservation measure as defined in section 8259 of this title, or (B) a water conservation measure that improves water-use efficiency, is cost-effective over its life cycle, and involves water conservation, recycling or reuse, more efficient wastewater or stormwater treatment, better operations or maintenance, retrofits, or related activities — but not at a federal hydroelectric facility.