42 U.S.C. § 6371d — Applications for financial assistance

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 following its receipt by the Secretary, such plan shall be treated as ap- proved by the Secretary. A State energy agency may submit a new or amended plan at any time after the submission of the original plan if the agency obtains the consent of the Secretary. (c) Development and implementation of ap- proved plans; submission of proposed State plan (1) If a State plan has not been approved under this section within 2 years and 90 days after No- vember 9, 1978, or within 90 days after the com- pletion of the preliminary audits under section 6371b(a) of this title, whichever is later, the Sec- retary may take such action as necessary to de- velop and implement such a State plan and to carry out the functions which would otherwise be carried out under this part by the State en- ergy agency, State school facilities agency, and State hospital facilities agency, in order that the energy conservation program for schools and hospitals may be implemented in such State. (2) Notwithstanding any other provision con- tained in this section, a State may, at any time, submit a proposed State plan for such State under this section. The Secretary shall approve or disapprove such plan not later than 60 days after receipt by the Secretary. If such plan meets the requirements of subsection (a) and is not inconsistent with any plan developed and implemented by the Secretary under paragraph (1), the Secretary shall approve the plan and withdraw any such plan developed and imple- mented by the Secretary. (Pub. L. 94–163, title III, § 394, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3243; amended Pub. L. 105–388, § 5(a)(10), Nov. 13, 1998, 112 Stat. 3478.) Editorial Notes AMENDMENTS 1998—Subsec. (a)(1). Pub. L. 105–388, § 5(a)(10)(A), sub- stituted semicolon for comma at end. Subsec. (a)(2). Pub. L. 105–388, § 5(a)(10)(B), substituted semicolon for period at end. Subsec. (a)(3), (5). Pub. L. 105–388, § 5(a)(10)(A), sub- stituted semicolon for comma at end. Subsec. (a)(6). Pub. L. 105–388, § 5(a)(10)(C), substituted semicolon for colon at end. § 6371d. Applications for financial assistance (a) Limitation on number of applications by States, schools, and hospitals; submittal to State energy agency Applications of States, schools, and hospitals for financial assistance under this part for en- ergy conservation projects shall be made not more than once for any fiscal year. Schools and hospitals applying for such financial assistance shall submit their applications to the State en- ergy agency and the State energy agency shall make a single submittal to the Secretary, con- taining all applications which comply with the State plan. (b) Required information Applications for financial assistance under this part for energy conservation projects shall contain, or shall be accompanied by, such infor- mation as the Secretary may reasonably re- quire, including the results of energy audits which comply with guidelines under this part. The annual submittal to the Secretary by the State energy agency under subsection (a) shall include a listing and description of energy con- servation projects proposed to be funded within the State during the fiscal year for which such application is made, and such information con- cerning expected expenditures as the Secretary may, by rule, require. (c) Conditions for financial assistance; applica- tions consistent with related State programs and health plans (1) The Secretary may not provide financial assistance to States, schools, or hospitals for en- ergy conservation projects unless the applica- tion for a grant for such project is submitted through, or approved by the appropriate State hospital facilities agency or State school facili- ties agency, respectively, and determined by the State energy agency to comply with the State plan. (2) Applications of States, schools, and hos- pitals and State plans pursuant to this part shall be consistent with— (A) related State programs for educational facilities in such State, and Page 6806 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371e 1 See References in Text note below. (B) State health plans under section 300m–3(c)(2) 1 and 300o–2 1 of this title, and shall be coordinated through the review mecha- nisms required under section 300m–2 1 of this title and section 1320a–1 of this title. (d) Compliance required for approval; reasons for disapproval; resubmittal; amendment The Secretary shall approve such applications submitted by a State energy agency as he deter- mines to be in compliance with this section and with the requirements of the applicable State plan approved under section 6371c of this title. The Secretary shall state the reasons for his dis- approval in the case of any application which he disapproves. Any application not approved by the Secretary may be resubmitted by the appli- cant at any time in the same manner as the original application and the Secretary shall ap- prove such resubmitted application as he deter- mines to be in compliance with this section and the requirements of the State plan. Amend- ments of an application shall, except as the Sec- retary may otherwise provide, be subject to ap- proval in the same manner as the original appli- cation. All or any portion of an application under this section may be disapproved to the ex- tent that funds are not available under this part to carry out such application or portion. (e) Suspension of further assistance for failure to comply Whenever the Secretary, after reasonable no- tice and opportunity for hearing to any State, school, or hospital receiving assistance under this part, finds that there has been a failure to comply substantially with the provisions set forth in the application approved under this sec- tion, the Secretary shall notify the State, school, or hospital that further assistance will not be made available to such State, school or hospital under this part until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied no further assistance shall be made to such State, school, or hospital under this part. (Pub. L. 94–163, title III, § 395, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3244.) Editorial Notes REFERENCES IN TEXT Sections 300m–2 and 300m–3 of this title, referred to in subsec. (c)(2)(B), were repealed effective Jan. 1, 1987, by Pub. L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799. Section 300o–2 of this title, referred to in subsec. (c)(2)(B), was repealed by Pub. L. 96–79, title II, § 202(a), Oct. 4, 1979, 93 Stat. 632. § 6371e. Grants for project costs and technical as- sistance (a) Authorization of Secretary; project costs The Secretary may make grants to schools and hospitals for carrying out energy conserva- tion projects the applications for which have been approved under section 6371d of this title. (b) Restrictions on use of funds (1) Except as provided in paragraph (2), amounts made available for purposes of this sec- tion (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 en- ergy conservation project may be provided by using programs of innovative financing for en- ergy conservation projects (including, but not limited to, loan programs and performance con- tracting), even if, pursuant to such financing, clear title to the equipment does not pass to the school or hospital until after the grant is com- pleted. (2) Amounts made available for purposes of this section (together with any amounts avail- able for such purposes from other Federal sources) may be used to pay not to exceed 90 per- cent of the costs of an energy conservation project if the Secretary determines that a proj- ect meets the hardship criteria of section 6371a(d) of this title. Grants made under this paragraph shall be from the funds provided under section 6371g(a)(2) of this title. (c) Allocation requirements Grants made under this section in any State in any year shall be made in accordance with the requirements contained in section 6371g of this title. (d) Technical assistance costs (1) The Secretary may make grants to States for paying technical assistance costs. Schools in any State shall not be allocated less than 30 per- cent of the funds for energy conservation projects within such State and hospitals in any State shall not be allocated less than 30 percent of such funds. (2) A State may utilize up to 100 percent of the funds provided by the Secretary under this part for any fiscal year for program and technical as- sistance and up to 50 percent of such funds for marketing and other costs associated with leveraging of non-Federal funds for carrying out this part and may administer a continuous and consecutive application and award procedure for providing program and technical assistance under this part in accordance with regulations that the Secretary shall establish, if the State— (A) has adopted a State plan in accordance with section 6371c of this title, the administra- tion of which is in accordance with applicable regulations; and (B) certifies to the Secretary that not more than 15 percent of the aggregate amount of Federal and non-Federal funds used by the State to provide program and technical assist- ance, implement energy conservation meas- ures, and otherwise carry out a program pur- suant to this part for the fiscal year concerned will be expended for program and technical as- sistance and for marketing and other costs as- sociated with leveraging of non-Federal funds for such program. (Pub. L. 94–163, title III, § 396, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3245; amended Pub. L. 101–440, § 6(a), (c), (d), Oct. 18, 1990, 104 Stat. 1011.)