42 U.S.C. § 6371g — Allocation of grants

Page 6807 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371g 1 See References in Text note below. Editorial Notes AMENDMENTS 1990—Subsec. (b)(1). Pub. L. 101–440, § 6(a), inserted at end ‘‘The non-Federal share of the costs of any such en- ergy conservation project may be provided by using programs of innovative financing for energy conserva- tion projects (including, but not limited to, loan pro- grams 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.’’ Subsec. (d). Pub. L. 101–440, § 6(d), designated existing provisions as par. (1) and added par. (2). Subsec. (e). Pub. L. 101–440, § 6(c), struck out subsec. (e) which prohibited funds for buildings used prin- cipally for administration. § 6371f. Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated for fiscal years 1999 through 2003 such sums as may be necessary. (Pub. L. 94–163, title III, § 397, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3246; amended Pub. L. 101–440, § 8(b), Oct. 18, 1990, 104 Stat. 1015; Pub. L. 105–388, § 2(b), Nov. 13, 1998, 112 Stat. 3477.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–388 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 1999 through 2003 for provisions authorizing appropriations for fiscal years 1991 through 1993. 1990—Pub. L. 101–440 amended section generally, sub- stituting provisions authorizing appropriations for fis- cal years 1991 through 1993 for provisions authorizing appropriations for fiscal years ending Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980. § 6371g. Allocation of grants (a) Section 6371e grants (1) Except as otherwise provided in subsection (b), the Secretary shall allocate 90 percent of the amounts made available under section 6371f(b) 1 of this title in any year for purposes of making energy conservation project grants pursuant to section 6371e of this title as follows: (A) Eighty percent of amounts made avail- able under section 6371f(b) 1 of this title shall be allocated among the States in accordance with a formula to be prescribed, by rule, by the Secretary, taking into account population and climate of each State, and such other fac- tors as the Secretary may deem appropriate. (B) Ten percent of amounts made available under section 6371f(b) 1 of this title shall be al- located among the States in such manner as the Secretary determines by rule after taking into account the availability and cost of fuel or other energy used in, and the amount of fuel or other energy consumed by, schools and hospitals in the States, and such other factors as he deems appropriate. (2) The Secretary shall allocate 10 percent of the amounts made available under section 6371f(b) 1 of this title in any year for purposes of making grants as provided under section 6371e(b)(2) of this title in excess of the 50 percent limitation contained in section 6371e(b)(1) of this title. (3) In the case of any State which received for any fiscal year an amount which exceeded 50 percent of the cost of any energy audit as pro- vided in section 6371b(e)(2) of this title, the ag- gregate amount allocated to such State under this subsection for such fiscal year (determined after applying paragraphs (1) and (2)) shall be re- duced by an amount equal to such excess. The amount of such reduction shall be reallocated to the States for such fiscal year as provided in this subsection except that for purposes of such reallocation, the State which received such ex- cess shall not be eligible for any portion of such reallocation. (b) Restrictions on allocations to States The total amount allocated to any State under subsection (a) in any year shall not exceed 10 percent of the total amount allocated to all the States in such year under such subsection (a). Except for the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands, not less than 0.5 percent of such total allocation to all States for that year shall be allocated in such year for the total of grants to States and to schools and hospitals in each State which has an approved State plan under this part. (c) Prescription of rules governing allocations among States with regard to energy audits Not later than 60 days after November 9, 1978, the Secretary shall prescribe rules governing the allocation among the States of funds for grants for preliminary energy audits and energy audits. Such rules shall take into account the population and climate of such States and such other factors as he may deem appropriate. (d) Prescription of rules limiting allocations to States for administrative expenses The Secretary shall prescribe rules limiting the amount of funds allocated to a State which may be expended for administrative expenses by such State. (e) Reallocations Funds allocated for projects in any States for a fiscal year under this section but not obligated in such fiscal year shall be available for re- allocation under subsection (a) of this section in the subsequent fiscal year. (Pub. L. 94–163, title III, § 398, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3246; amended Pub. L. 98–454, title VI, § 601(e), Oct. 5, 1984, 98 Stat. 1736.) Editorial Notes REFERENCES IN TEXT Section 6371f of this title, referred to in subsec. (a)(1), (2), was amended by Pub. L. 101–440, § 8(b), Oct. 18, 1990, 104 Stat. 1015, and, as so amended, no longer contains a subsec. (b). AMENDMENTS 1984—Subsec. (b). Pub. L. 98–454 inserted reference to Northern Mariana Islands. Page 6808 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371h § 6371h. Administration; detailed description in annual report (a) The Secretary may prescribe such rules as may be necessary in order to carry out the pro- visions of this part. (b) The Secretary shall include in his annual report a detailed description of the actions taken under this part in the preceding fiscal year and the actions planned to be taken in the subsequent fiscal year. Such description shall show the allocations made (including the alloca- tions made to each State) and include informa- tion on the types of conservation measures im- plemented, with funds allocated, and an esti- mate of the energy savings achieved. (Pub. L. 94–163, title III, § 399, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3247; amended Pub. L. 96–470, title II, § 203(b), Oct. 19, 1980, 94 Stat. 2242.) Editorial Notes AMENDMENTS 1980—Subsec. (b). Pub. L. 96–470 substituted ‘‘include in his annual report a detailed description’’ for ‘‘, with- in one year after November 9, 1978, and annually there- after while funds are available under this part, submit to Congress a detailed report’’ and ‘‘Such description’’ for ‘‘Such report’’. § 6371h–1. Energy sustainability and efficiency grants and loans for institutions (a) Definitions In this section: (1) Combined heat and power The term ‘‘combined heat and power’’ means the generation of electric energy and heat in a single, integrated system, with an overall thermal efficiency of 60 percent or greater on a higher-heating-value basis. (2) District energy systems The term ‘‘district energy systems’’ means systems providing thermal energy from a re- newable energy source, thermal energy source, or highly efficient technology to more than 1 building or fixed energy-consuming use from 1 or more thermal-energy production facilities through pipes or other means to provide space heating, space conditioning, hot water, steam, compression, process energy, or other end uses for that energy. (3) Energy sustainability The term ‘‘energy sustainability’’ includes using a renewable energy source, thermal en- ergy source, or a highly efficient technology for transportation, electricity generation, heating, cooling, lighting, or other energy services in fixed installations. (4) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 15801 of this title. (5) Institutional entity The term ‘‘institutional entity’’ means an institution of higher education, a public school district, a local government, a munic- ipal utility, or a designee of 1 of those entities. (6) Renewable energy source The term ‘‘renewable energy source’’ has the meaning given the term in section 918c of title 7. (7) Sustainable energy infrastructure The term ‘‘sustainable energy infrastruc- ture’’ means— (A) facilities for production of energy from renewable energy sources, thermal energy sources, or highly efficient technologies, in- cluding combined heat and power or other waste heat use; and (B) district energy systems. (8) Thermal energy source The term ‘‘thermal energy source’’ means— (A) a natural source of cooling or heating from lake or ocean water; and (B) recovery of useful energy that would otherwise be wasted from ongoing energy uses. (b) Technical assistance grants (1) In general Subject to the availability of appropriated funds, the Secretary shall implement a pro- gram of information dissemination and tech- nical assistance to institutional entities to as- sist the institutional entities in identifying, evaluating, designing, and implementing sus- tainable energy infrastructure projects in en- ergy sustainability. (2) Assistance The Secretary shall support institutional entities in— (A) identification of opportunities for sus- tainable energy infrastructure; (B) understanding the technical and eco- nomic characteristics of sustainable energy infrastructure; (C) utility interconnection and negotiation of power and fuel contracts; (D) understanding financing alternatives; (E) permitting and siting issues; (F) obtaining case studies of similar and successful sustainable energy infrastructure systems; and (G) reviewing and obtaining computer soft- ware for assessment, design, and operation and maintenance of sustainable energy in- frastructure systems. (3) Eligible costs for technical assistance grants On receipt of an application of an institu- tional entity, the Secretary may make grants to the institutional entity to fund a portion of the cost of— (A) feasibility studies to assess the poten- tial for implementation or improvement of sustainable energy infrastructure; (B) analysis and implementation of strate- gies to overcome barriers to project imple- mentation, including financial, contracting, siting, and permitting barriers; and (C) detailed engineering of sustainable en- ergy infrastructure.