Page:United States Statutes at Large Volume 121.djvu/1629

 121 STAT. 1608

PUBLIC LAW 110–140—DEC. 19, 2007

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‘‘(i) IN GENERAL.—The term ‘facility’ means any building, installation, structure, or other property (including any applicable fixtures) owned or operated by, or constructed or manufactured and leased to, the Federal Government. ‘‘(ii) INCLUSIONS.—The term ‘facility’ includes— ‘‘(I) a group of facilities at a single location or multiple locations managed as an integrated operation; and ‘‘(II) contractor-operated facilities owned by the Federal Government. ‘‘(iii) EXCLUSIONS.—The term ‘facility’ does not include any land or site for which the cost of utilities is not paid by the Federal Government. ‘‘(D) LIFE CYCLE COST-EFFECTIVE.—The term ‘life cycle cost-effective’, with respect to a measure, means a measure, the estimated savings of which exceed the estimated costs over the lifespan of the measure, as determined in accordance with section 544. ‘‘(E) PAYBACK PERIOD.— ‘‘(i) IN GENERAL.—Subject to clause (ii), the term ‘payback period’, with respect to a measure, means a value equal to the quotient obtained by dividing— ‘‘(I) the estimated initial implementation cost of the measure (other than financing costs); by ‘‘(II) the annual cost savings resulting from the measure, including— ‘‘(aa) net savings in estimated energy and water costs; and ‘‘(bb) operations, maintenance, repair, replacement, and other direct costs. ‘‘(ii) MODIFICATIONS AND EXCEPTIONS.—The Secretary, in guidelines issued pursuant to paragraph (6), may make such modifications and provide such exceptions to the calculation of the payback period of a measure as the Secretary determines to be appropriate to achieve the purposes of this Act. ‘‘(F) RECOMMISSIONING.—The term ‘recommissioning’ means a process— ‘‘(i) of commissioning a facility or system beyond the project development and warranty phases of the facility or system; and ‘‘(ii) the primary goal of which is to ensure optimum performance of a facility, in accordance with design or current operating needs, over the useful life of the facility, while meeting building occupancy requirements. ‘‘(G) RETROCOMMISSIONING.—The term ‘retrocommissioning’ means a process of commissioning a facility or system that was not commissioned at the time of construction of the facility or system. ‘‘(2) FACILITY ENERGY MANAGERS.— ‘‘(A) IN GENERAL.—Each Federal agency shall designate an energy manager responsible for implementing this subsection and reducing energy use at each facility that meets criteria under subparagraph (B).

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