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42 U.S.C. § 6371d — Preliminary energy audits and energy audits
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application by Governor** The Governor of any State may apply to the Secretary at such time as the Secretary may specify after promulgation of guidelines under [section 6371a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371a/a&num=0&edition=prelim) for grants to conduct preliminary energy audits and energy audits of school facilities and hospital facilities in such State under this part.
**(b) Grants for conduct of preliminary energy audits** Upon application under subsection (a) the Secretary may make grants to States for purposes of conducting preliminary energy audits of school facilities and hospital facilities under this part in accordance with the guidelines prescribed under [section 6371a(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371a/a/1&num=0&edition=prelim). If a State does not conduct preliminary energy audits within two years after November 9, 1978, the Secretary may conduct such audits within such State.
**(c) Grants for conduct of energy audits** Upon application under subsection (a) the Secretary may make grants to States for purposes of conducting energy audits of school facilities and hospital facilities under this part in accordance with the guidelines prescribed under [section 6371a(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371a/a/2&num=0&edition=prelim).
**(d) Audits conducted prior to grant of financial assistance** If a State without the use of financial assistance under this section, conducts preliminary energy audits or energy audits which comply with the guidelines prescribed by the Secretary or which are approved by the Secretary the funds allocated for purposes of this sectio
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Source file: Laws/federal/codes/united-states-code/title-42/section-6371d-preliminary-energy-audits-and-energy-audits--0fb447449b.md
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Source location: Title 42, Chapter 77, § 6371d; chapter-077-energy-conservation.md
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**(a) Application by Governor** The Governor of any State may apply to the Secretary at such time as the Secretary may specify after promulgation of guidelines under [section 6371a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371a/a&num=0&edition=prelim) for grants to conduct preliminary energy audits and energy audits of school facilities and hospital facilities in such State under this part.
**(b) Grants for conduct of preliminary energy audits** Upon application under subsection (a) the Secretary may make grants to States for purposes of conducting preliminary energy audits of school facilities and hospital facilities under this part in accordance with the guidelines prescribed under [section 6371a(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371a/a/1&num=0&edition=prelim). If a State does not conduct preliminary energy audits within two years after November 9, 1978, the Secretary may conduct such audits within such State.
**(c) Grants for conduct of energy audits** Upon application under subsection (a) the Secretary may make grants to States for purposes of conducting energy audits of school facilities and hospital facilities under this part in accordance with the guidelines prescribed under [section 6371a(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371a/a/2&num=0&edition=prelim).
**(d) Audits conducted prior to grant of financial assistance** If a State without the use of financial assistance under this section, conducts preliminary energy audits or energy audits which comply with the guidelines prescribed by the Secretary or which are approved by the Secretary the funds allocated for purposes of this section shall be added to the funds available for energy conservation projects for such State and shall be in addition to amounts otherwise available for such purposes.
**(e) Restriction on use of funds; grant covering total cost of energy audits**
(1) Except as provided in paragraph (2), amounts made available under this section (together with any other amounts made available from other Federal sources) may not be used to pay more than 50 percent of the costs of any preliminary energy audit or any energy audit.
(2) Upon the request of the Governor, the Secretary may make grants to a State for up to 100 percent of the costs of any preliminary energy audits and energy audits, subject to the requirements of [section 6371g(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371g/a/3&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of Secretary; project costs** The Secretary may make grants to schools and hospitals for carrying out energy conservation projects the applications for which have been approved under [section 6371d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371d&num=0&edition=prelim).
**(b) Restrictions on use of funds**
(1) Except as provided in paragraph (2), amounts made available for purposes of this section (together with any amounts available for such purposes from other Federal sources) may not be used to pay more than 50 percent of the costs of any energy conservation project. The non-Federal share of the costs of any such energy conservation project may be provided by using programs of innovative financing for energy conservation projects (including, but not limited to, loan programs and performance contracting), even if, pursuant to such financing, clear title to the equipment does not pass to the school or hospital until after the grant is completed.
(2) Amounts made available for purposes of this section (together with any amounts available for such purposes from other Federal sources) may be used to pay not to exceed 90 percent of the costs of an energy conservation project if the Secretary determines that a project meets the hardship criteria of [section 6371a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371a/d&num=0&edition=prelim). Grants made under this paragraph shall be from the funds provided under [section 6371g(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6371g/a/2&num=0&edition=prelim).
**(c) Allocation requirements** Grants made under this section in any State in any year shall be made in a
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Federal law — U.S. Code and appendices · legal_authorities
Page 6805
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6371d
(3) a program for identifying persons quali-
fied to carry out energy conservation projects;
(4) procedures to insure that funds will be al-
located among eligible applicants for energy
conservation projects within such State, in-
cluding procedures—
(A) to insure that funds will be allocated
on the basis of relative need taking into ac-
count such factors as cost, energy consump-
tion and energy savings, and
(B) to insure that equitable consideration
is given to all eligible public or nonprofit in-
stitutions regardless of size and type of own-
ership;
(5) a statement of the extent to which, and
by which methods, such State will encourage
utilization of solar space heating, cooling, and
electric systems and solar water heating sys-
tems where appropriate;
(6) procedures to assure that all assistance
under this part in such State will be expended
in compliance with the requirements of an ap-
proved State plan for such State, and in com-
pliance with the requirements of this part;
(7) procedures to insure implementation of
energy conserving maintenance and operating
procedures in those facilities for which proj-
ects are proposed; and
(8) policies and procedures designed to as-
sure that financial assistance provided under
this part in such State will be used to supple-
ment, and not to supplant, State, local, or
other funds.
(b) Approval of plans
The Secretary shall review and approve or dis-
approve each State plan not later than 60 days
after receipt by the Secretary. If such plan
meets the requirements of subsection (a), the
Secretary shall approve the plan. If a State plan
submitted within the 90-day period specified in
subsection (a) has not been disapproved within
the 60-day period
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