42 U.S.C. § 6371 — Definitions

Page 6801 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371 contract) as the Administrator or the head of the Federal agency, as the case may be, and the vendor may agree to. (2) Imposition of fees to cover costs (A) Fees The Administrator of General Services or the head of the Federal agency under para- graph (1)(B) shall charge fees to the individ- uals who use the battery recharging station in such amount as is necessary to ensure that the respective agency recovers all of the costs such agency incurs in installing, constructing, operating, and maintaining the station. (B) Deposit and availability of fees Any fees collected by the Administrator of General Services or the Federal agency, as the case may be, under this paragraph shall be— (i) deposited monthly in the Treasury to the credit of the respective agency’s appro- priations account for the operations of the building where the battery recharging sta- tion is located; and (ii) available for obligation without fur- ther appropriation during— (I) the fiscal year collected; and (II) the fiscal year following the fiscal year collected. (3) No effect on existing programs for House and Senate Nothing in this subsection affects the installa- tion, construction, operation, or maintenance of battery recharging stations by the Architect of the Capitol— (A) under section 2171 of title 2, relating to employees of the House of Representatives and individuals authorized to park in any parking area under the jurisdiction of the House of Representatives on the Capitol Grounds; or (B) under section 2170 of title 2, relating to employees of the Senate and individuals au- thorized to park in any parking area under the jurisdiction of the Senate on the Capitol Grounds. (4) No effect on similar authorities Nothing in this subsection— (A) repeals or limits any existing authorities of a Federal agency to install, construct, oper- ate, or maintain battery recharging stations; or (B) requires a Federal agency to seek reim- bursement for the costs of installing or con- structing a battery recharging station— (i) that has been installed or constructed prior to December 4, 2015; (ii) that is installed or constructed for Federal fleet vehicles, but that receives inci- dental use to recharge privately owned vehi- cles; or (iii) that is otherwise installed or con- structed pursuant to appropriations for that purpose. (5) Annual report to Congress Not later than 2 years after December 4, 2015, and annually thereafter for 10 years, the Admin- istrator of General Services shall submit to the Committee on Transportation and Infrastruc- ture of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing— (A) the number of battery recharging sta- tions installed by the Administrator on the Administrator’s own initiative under this sub- section; (B) requests from other Federal agencies to install battery recharging stations; and (C) the status and disposition of requests from other Federal agencies. (6) Federal agency defined In this subsection, the term ‘‘Federal agency’’ has the meaning given the term ‘‘Executive agency’’ in section 105 of title 5 and includes— (A) the United States Postal Service; (B) the Executive Office of the President; (C) the military departments (as defined in section 102 of title 5); and (D) the judicial branch. (7) Effective date This subsection shall apply with respect to fis- cal year 2016 and each succeeding fiscal year. (Pub. L. 114–94, div. A, title I, § 1413(c), Dec. 4, 2015, 129 Stat. 1418.) Editorial Notes CODIFICATION Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the Energy Policy and Conserva- tion Act which comprises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. PART E—ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOSPITALS Editorial Notes CODIFICATION This part was, in the original, designated part G and has been changed to part E for purposes of codification. § 6371. Definitions For the purposes of this part— (1) The term ‘‘building’’ means any structure the construction of which was completed on or before May 1, 1989, which includes a heating or cooling system, or both. (2) The term ‘‘energy conservation measure’’ means an installation or modification of an in- stallation in a building which is primarily in- tended to maintain or reduce energy consump- tion and reduce energy costs or allow the use of an alternative energy source, including, but not limited to— (A) insulation of the building structure and systems within the building; (B) storm windows and doors, multiglazed windows and doors, heat absorbing or heat re- flective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications; Page 6802 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371 (C) automatic energy control systems and load management systems; (D) equipment required to operate variable steam, hydraulic, and ventilating systems ad- justed by automatic energy control systems; (E) solar space heating or cooling systems, solar electric generating systems, or any com- bination thereof; (F) solar water heating systems; (G) furnace or utility plant and distribution system modifications including— (i) replacement burners, furnaces, boilers, or any combination thereof, which substan- tially increases the energy efficiency of the heating system, (ii) devices for modifying flue openings which will increase the energy efficiency of the heating system, (iii) electrical or mechanical furnace igni- tion systems which replace standing gas pilot lights, and (iv) utility plant system conversion meas- ures including conversion of existing oil- and gas-fired boiler installations to alternative energy sources, including coal; (H) caulking and weatherstripping; (I) replacement or modification of lighting fixtures which replacement or modification in- creases the energy efficiency of the lighting system without increasing the overall illu- mination of a facility (unless such increase in illumination is necessary to conform to any applicable State or local building code or, if no such code applies, the increase is considered appropriate by the Secretary); (J) energy recovery systems; (K) cogeneration systems which produce steam or forms of energy such as heat, as well as electricity for use primarily within a build- ing or a complex of buildings owned by a school or hospital and which meet such fuel ef- ficiency requirements as the Secretary may by rule prescribe; (L) such other measures as the Secretary identifies by rule for purposes of this part; and (M) such other measures as a grant applicant shows will save a substantial amount of en- ergy and as are identified in an energy audit prescribed pursuant to section 6325(e)(2) of this title. (3) The term ‘‘hospital’’ means a public or non- profit institution which is— (A) a general hospital, tuberculosis hospital, or any other type of hospital, other than a hospital furnishing primarily domiciliary care; and (B) duly authorized to provide hospital serv- ices under the laws of the State in which it is situated. (4) The term ‘‘hospital facilities’’ means build- ings housing a hospital and related facilities, in- cluding laboratories, outpatient departments, nurses’ home and training facilities and central service facilities operated in connection with a hospital, and also includes buildings housing education or training facilities for health profes- sions personnel operated as an integral part of a hospital. (5) The term ‘‘public or nonprofit institution’’ means an institution owned and operated by— (A) a State, a political subdivision of a State or an agency or instrumentality of either, or (B) an organization exempt from income tax under section 501(c)(3) of title 26. (6) The term ‘‘school’’ means a public or non- profit institution which— (A) provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis; (B)(i) provides, and is legally authorized to provide a program of education beyond sec- ondary education, on a day or residential basis; (ii) admits as students only persons having a certificate of graduation from a school pro- viding secondary education, or the recognized equivalent of such certificate; (iii) is accredited by a nationally recognized accrediting agency or association; and (iv) provides an educational program for which it awards a bachelor’s degree or higher degree or provides not less than a two-year program which is acceptable for full credit to- ward such a degree at any institution which meets the requirements of clauses (i), (ii), and (iii) and which provides such a program; (C) provides not less than a one-year pro- gram of training to prepare students for gain- ful employment in a recognized occupation and which meets the provisions of clauses (i), (ii), and (iii) of subparagraph (B); or (D) is a local educational agency. (7) The term ‘‘local education agency’’ means a public board of education or other public au- thority or a nonprofit institution legally con- stituted within, or otherwise recognized by, a State for either administrative control or direc- tion of, or to perform administrative services for, a group of schools within a State. (8) The term ‘‘school facilities’’ means build- ings housing classrooms, laboratories, dor- mitories, administrative facilities, athletic fa- cilities, or related facilities operated in connec- tion with a school. (9) The term ‘‘State’’ means, in addition to the several States of the Union, the District of Co- lumbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Is- lands. (10) The term ‘‘State energy agency’’ means the State agency responsible for developing State energy conservation plans pursuant to section 6322 of this title, or, if no such agency exists, a State agency designated by the Gov- ernor of such State to prepare and submit a State plan under section 6371c of this title. (11) The term ‘‘State school facilities agency’’ means an existing agency which is broadly rep- resentative of public institutions of higher edu- cation, nonprofit institutions of higher edu- cation, public elementary and secondary schools, nonprofit elementary and secondary schools, public vocational education institu- tions, nonprofit vocational education institu- tions, and the interests of handicapped persons, in a State or, if no such agency exists, an agency which is designated by the Governor of such State which conforms to the requirements of this paragraph. Page 6803 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6371 (12) The term ‘‘State hospital facilities agen- cy’’ means an existing agency which is broadly representative of the public hospitals and the nonprofit hospitals, or, if no such agency exists, an agency designated by the Governor of such State which conforms to the requirements of this paragraph. (13) The term ‘‘energy audit’’ means a deter- mination of the energy consumption character- istics of a building which— (A) identifies the type, size, and rate of en- ergy consumption of such building and the major energy using systems of such building; (B) determines appropriate energy conserva- tion maintenance and operating procedures; and (C) indicates the need, if any, for the acqui- sition and installation of energy conservation measures. (14) The term ‘‘preliminary energy audit’’ means a determination of the energy consump- tion characteristics of a building, including the size, type, rate of energy consumption and major energy-using systems of such building. (15) The term ‘‘energy conservation project’’ means— (A) an undertaking to acquire and to install one or more energy conservation measures in school or hospital facilities and (B) technical assistance in connection with any such undertaking and technical assistance as described in paragraph (17)(A). (16) The term ‘‘energy conservation project costs’’ includes only costs incurred in the de- sign, acquisition, construction, and installation of energy conservation measures and technical assistance costs. (17) The term ‘‘technical assistance’’ means assistance, under rules promulgated by the Sec- retary, to States, schools, and hospitals— (A) to conduct specialized studies identi- fying and specifying energy savings or energy cost savings that are likely to be realized as a result of (i) modification of maintenance and operating procedures in a building, or (ii) the acquisition and installation of one or more specified energy conservation measures in such building, or (iii) both, and (B) the planning or administration of spe- cific remodeling, renovation, repair, replace- ment, or insulation projects related to the in- stallation of energy conservation measures in such building. (18) The term ‘‘technical assistance costs’’ means costs incurred for the use of existing per- sonnel or the temporary employment of other qualified personnel (or both such types of per- sonnel) necessary for providing technical assist- ance. (19) The term ‘‘energy conservation mainte- nance and operating procedure’’ means modi- fication or modifications in the maintenance and operations of a building, and any installa- tions therein, which are designed to reduce en- ergy consumption in such building and which re- quire no significant expenditure of funds. (20) The term ‘‘Secretary’’ means the Sec- retary of Energy or his designee. (21) The term ‘‘Governor’’ means the chief ex- ecutive officer of a State or his designee. (Pub. L. 94–163, title III, § 391, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3239; amended Pub. L. 98–454, title VI, § 601(e), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–440, § 6(b), Oct. 18, 1990, 104 Stat. 1011; Pub. L. 105–388, § 5(a)(9), Nov. 13, 1998, 112 Stat. 3478.) Editorial Notes AMENDMENTS 1998—Par. (2)(B). Pub. L. 105–388 substituted a semi- colon for period at end. 1990—Par. (1). Pub. L. 101–440, § 6(b)(1), substituted ‘‘May 1, 1989’’ for ‘‘April 20, 1977’’. Par. (2). Pub. L. 101–440, § 6(b)(2), (3), in introductory provision substituted ‘‘maintain or reduce energy con- sumption and reduce energy costs’’ for ‘‘reduce energy consumption’’ and in subpar. (C) inserted ‘‘and load management systems’’ after ‘‘systems’’. Par. (8). Pub. L. 101–440, § 6(b)(4), inserted ‘‘adminis- trative facilities,’’ after ‘‘dormitories,’’. Par. (17)(A). Pub. L. 101–440, § 6(b)(5), substituted ‘‘or energy cost savings’’ for ‘‘and related cost savings’’. 1986—Par. (5)(B). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 1984—Par. (9). Pub. L. 98–454 which directed the amendment of subsec. (a) by inserting reference to the Northern Mariana Islands was executed to par. (9) of this section to reflect the probable intent of Congress, because this section does not contain a subsec. (a). Statutory Notes and Related Subsidiaries SEPARABILITY Pub. L. 95–619, title III, § 302(c), Nov. 9, 1978, 92 Stat. 3248, provided that: ‘‘If any provision of this title [en- acting sections 6371 to 6371j and section 6372 to 6372i of this title, amending sections 300k–2 and 300n–1 of this title, and enacting provisions set out as notes under this section and section 6372 of this title] or the appli- cation thereof to any person or circumstances be held invalid, the provisions of other sections of this title and their application to other persons or circumstances shall not be affected thereby.’’ CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSES Pub. L. 95–619, title III, § 301, Nov. 9, 1978, 92 Stat. 3238, provided: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) the Nation’s nonrenewable energy resources are being rapidly depleted; ‘‘(2) schools and hospitals are major consumers of energy, and have been especially burdened by rising energy prices and fuel shortages; ‘‘(3) substantial energy conservation can be achieved in schools and hospitals through the imple- mentation of energy conservation maintenance and operating procedures and the installation of energy conservation measures; and ‘‘(4) public and nonprofit schools and hospitals in many instances need financial assistance in order to make the necessary improvements to achieve energy conservation. ‘‘(b) PURPOSE.—It is the purpose of this part [part 1 (§§ 301–303) of title III of Pub. L. 95–619, enacting sec- tions 6371 to 6371i of this title, amending sections 300k–2 and 300n–1 of this title, and enacting provisions set out as notes under this section] to authorize grants to States and to public and nonprofit schools and hos- pitals to assist them in identifying and implementing energy conservation maintenance and operating proce- dures and in evaluating, acquiring, and installing en- ergy conservation measures to reduce the energy use and anticipated energy costs of schools and hospitals.’’ 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;