Page:United States Statutes at Large Volume 96 Part 2.djvu/208

 96 STAT. 1570

PUBLIC LAW 97-321—OCT. 15, 1982

the Military Construction Codification Act (Public Law 97-214; 96 Stat. 171), the following new section: 10 USC 2394a.

Solar energy uses, study.

Ante, p. 166. Report to congressional committees.

"§ 2394a. Procurement of energy systems powered by renewable forms of energy "(a) In procuring energy systems the Secretary of a military department shall procure systems that use solar energy or other renewable forms of energy whenever the Secretary determines that such procurement is possible and will be cost effective, reliable, and otherwise suited to supplying the energy needs of the military department under his jurisdiction. "(b)(1) The Secretary of Defense shall from time to time study uses for solar energy and other renewable forms of energy to determine what uses of such forms of energy may be cost effective and reliable in supplying the energy needs of the Department of Defense. The Secretary of Defense, based upon the results of such studies, shall from time to time issue policy guidelines to be followed by the Secretaries of the military departments in carrying out subsection (a) and section 2857 of this title. "(2) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives not less often than every two years a report on the studies conducted pursuant to paragraph (1). Each such report shall include any findings of the Secretary with respect to the use of solar energy and other renewable forms of energy in supplying the energy needs of the Department of Defense and any recommendations of the Secretary for changes in law that may be appropriate in light of such studies. "(c)(1) For the purposes of this section, an energy system using solar energy or other renewable forms of energy shall be considered to be cost effective if the difference between (A) the original investment cost of the energy system using such a form of energy, and (B) the original investment cost of the energy system not using such a form of energy can be recovered over the expected life of the system. "(2) A determination under paragraph (1) of whether a costdifferential can be recovered over the expected life of a system shall be made using accepted life-cycle costing procedures and shall include— "(A) the use of all capital expenses and all operating and maintenance expenses associated with the energy system using solar energy or other renewable forms of energy, and not using such a form of energy, over the expected life of the system or during a period of 25 years, whichever is shorter; "(B) the use of fossil fuel costs (and a rate of cost growth for fossil fuel costs) as determined by the Secretary of Defense; and "(C) the use of a discount rate of 7 percent per year for all expenses of the energy system. "(3) For the purpose of any life-cycle cost analysis under this subsection, the original investment cost of the energy system using solar energy or other renewable forms of energy shall be reduced by 10 percent to reflect an allowance for an investment cost credit.'. (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2394, as added by section 6(a)(2) of the Military Construction Codification Act (Public Law 97-214; 96 Stat. 172), the following new item: "2394a. Procurement of energy systems using renewable forms of energy.'

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