42 U.S.C. § 6371c — State plans

Page 6804 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371a § 6371a. Guidelines (a) Energy audits The Secretary shall, by rule, not later than 60 days after November 9, 1978— (1) prescribe guidelines for the conduct of preliminary energy audits, including a de- scription of the type, number, and distribution of preliminary energy audits of school and hospital facilities that will provide a reason- ably accurate evaluation of the energy con- servation needs of all such facilities in each State, and (2) prescribe guidelines for the conduct of en- ergy audits. (b) State plans for implementation of energy con- servation projects in schools and hospitals The Secretary shall, by rule, not later than 90 days after November 9, 1978, prescribe guidelines for State plans for the implementation of energy conservation projects in schools and hospitals. The guidelines shall include— (1) a description of the factors which the State energy agency may consider in deter- mining which energy conservation projects will be given priority in making grants pursu- ant to this part, including such factors as cost, energy consumption, energy savings, and en- ergy conservation goals, (2) a description of the suggested criteria to be used in establishing a State program to identify persons qualified to implement en- ergy conservation projects, and (3) a description of the types of energy con- servation measures deemed appropriate for each region of the Nation. (c) Revisions Guidelines prescribed under this section may be revised from time to time after notice and op- portunity for comment. (d) Determination of severe hardship class for schools and hospitals The Secretary shall, by rule prescribe criteria for determining schools and hospitals which are in a class of severe hardship. Such criteria shall take into account climate, fuel costs, fuel avail- ability, ability to provide the non-Federal share of the costs, and such other factors that he deems appropriate. (Pub. L. 94–163, title III, § 392, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3242.) § 6371b. Preliminary energy audits and energy audits (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 for grants to con- duct preliminary energy audits and energy au- dits of school facilities and hospital facilities in such State under this part. (b) Grants for conduct of preliminary energy au- dits Upon application under subsection (a) the Sec- retary 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 pre- scribed under section 6371a(a)(1) of this title. If a State does not conduct preliminary energy au- dits 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 Sec- retary may make grants to States for purposes of conducting energy audits of school facilities and hospital facilities under this part in accord- ance with the guidelines prescribed under sec- tion 6371a(a)(2) of this title. (d) Audits conducted prior to grant of financial assistance If a State without the use of financial assist- ance 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 con- servation 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 (to- gether 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 pre- liminary energy audit or any energy audit. (2) Upon the request of the Governor, the Sec- retary 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 require- ments of section 6371g(a)(3) of this title. (Pub. L. 94–163, title III, § 393, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3242.) § 6371c. State plans (a) Invitation to State energy agency to submit plan; contents The Secretary shall invite the State energy agency of each State to submit, within 90 days after the effective date of the guidelines pre- scribed pursuant to section 6371a of this title, or such longer period as the Secretary may, for good cause, allow, a State plan under this sec- tion for such State. Such plan shall include— (1) the results of preliminary energy audits conducted in accordance with the guidelines prescribed under section 6371a(a)(1) of this title, and an estimate of the energy savings that may result from the modification of maintenance and operating procedures and in- stallation of energy conservation measures in the schools and hospitals in such State; (2) a recommendation as to the types of en- ergy conservation projects considered appro- priate for schools and hospitals in such State, together with an estimate of the costs of car- rying out such projects in each year for which funds are appropriated; 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