42 U.S.C. § 6371a — Guidelines

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;