42 U.S.C. § 6372b — Preliminary energy audits and energy

Page 6813 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6372b (A) a State, a political subdivision of a State or an agency or instrumentality of ei- ther, or (B) an organization exempt from income tax under section 501(c)(3) or 501(c)(4) of title 26. (6) The term ‘‘technical assistance program costs’’ means the costs of carrying out a tech- nical assistance program. (7) The term ‘‘technical assistance’’ means assistance under rules, promulgated by the Secretary, to States, units of local govern- ment and public care institutions— (A) to conduct specialized studies identi- fying and specifying energy savings and re- lated cost savings that are likely to be real- ized as a result of (i) modification or mainte- nance and operating procedures in a build- ing, (ii) the acquisition and installation of one or more specified energy conservation measures in such building or (iii) both, or (B) the planning or administration of such specialized studies. (Pub. L. 94–163, title III, § 400A, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3248; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes AMENDMENTS 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. Statutory Notes and Related Subsidiaries SEPARABILITY For separability of provisions of title III of Pub. L. 95–619, see section 302(c) of Pub. L. 95–619, set out as a note under section 6371 of this title. CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSES Pub. L. 95–619, title III, § 310, Nov. 9, 1978, 92 Stat. 3248, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) the Nation’s nonrenewable energy resources are being rapidly depleted; ‘‘(2) buildings owned by units of local government and public care institutions are major consumers of energy, and such units and institutions have been es- pecially burdened by rising energy prices and fuel shortages; ‘‘(3) substantial energy conservation can be achieved in buildings owned by units of local govern- ment and public care institutions through the imple- mentation of energy conservation maintenance and operating procedures; and ‘‘(4) units of local government and public care insti- tutions in many instances need financial assistance in order to conduct energy audits and to identify en- ergy conservation maintenance and operating proce- dures and to evaluate the potential benefits of acquir- ing and installing energy conservation measures. ‘‘(b) PURPOSE.—It is the purpose of this part [part 2 (§§ 310–312) of title III of Pub. L. 95–619, enacting sec- tions 6371j and 6372 to 6372i of this title] to authorize grants to States and units of local government and public care institutions to assist them in conducting preliminary energy audits and energy audits in identi- fying and implementing energy conservation mainte- nance and operating procedures and in evaluating en- ergy conservation measures to reduce the energy use and anticipated energy costs of buildings owned by units of local government and public care institu- tions.’’ APPLICATION OF SECTIONS 3141–3144, 3146, AND 3147 OF TITLE 40 For application of sections 3141–3144, 3146, and 3147 of title 40 to grants made by the Secretary under this part, see section 6371j of this title. § 6372a. Guidelines (a) Energy audits The Secretary shall, by rule, not later than sixty days after November 9, 1978— (1) prescribe guidelines for the conduct of the preliminary energy audits for buildings owned by units of local government and public care institutions, including a description of the type, number and distribution of prelimi- nary energy audits of such buildings that will provide a reasonably accurate evaluation of the energy conservation needs of all such buildings in each State, and (2) prescribe guidelines for the conduct of en- ergy audits. (b) Implementation of technical assistance pro- grams The Secretary shall, by rule, not later than 90 days after November 9, 1978, prescribe guidelines for State plans for the implementation of tech- nical assistance programs for buildings owned by units of local government and public care in- stitutions. The guidelines shall include— (1) a description of the factors to be consid- ered in determining which technical assist- ance programs will be given priority in mak- ing grants pursuant to this part, including such factors as cost, energy consumption, en- ergy savings, and energy conservation goals; (2) a description of the suggested criteria to be used in establishing a State program to identify persons qualified to undertake tech- nical assistance work; 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 part may be revised from time to time after notice and op- portunity for comment. (Pub. L. 94–163, title III, § 400B, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3249.) § 6372b. 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 the guidelines under section 6372a(a) of this title for grants to conduct preliminary energy audits of buildings owned by units of local government and public care institutions in such State under this part. (b) Grants for conduct of preliminary energy au- dits Upon application under subsection (a), the Secretary may make grants to States to assist Page 6814 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6372c 1 So in original. The comma probably should be a semicolon. in conducting preliminary energy audits under this part for buildings owned by units of local government and public care institutions. Such audits shall be conducted in accordance with the guidelines prescribed under section 6372a(a)(1) of this title. (c) Application by Governor, unit of local govern- ment or public care institution The Governor of any State, unit of local gov- ernment or public care institution may apply to the Secretary at such time as the Secretary may specify after promulgation of the guidelines under section 6372a(a) of this title for grants to conduct energy audits of buildings owned by units of local government and public care insti- tutions in such State under this part. (d) Grants for conduct of energy audits Upon application under subsection (c) the Sec- retary may make grants to States, units of local government, and public care institutions for purposes of conducting energy audits of facili- ties under this part in accordance with the guidelines prescribed under section 6372a(a)(2) of this title. (e) Audits conducted prior to grant of financial assistance If a State, unit of local government, or public care institution, without the use of financial as- sistance under this section, conducts prelimi- nary energy audits or energy audits which com- ply with the guidelines prescribed by the Sec- retary or which are approved by the Secretary, the funds allocated for purposes of this section shall be added to the funds available for tech- nical assistance programs for such State, and shall be in addition to amounts otherwise avail- able for such purpose. (f) Restriction on use of funds Amounts made available under this section (together with any other amounts made avail- able from other Federal sources) may not be used to pay more than 50 percent of the costs of any preliminary energy audit or energy audit. (Pub. L. 94–163, title III, § 400C, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3250.) § 6372c. State plans (a) 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 6372a of this title, or such longer period as the Secretary may, for good cause, allow, a proposed State plan under this section for such State. Such plan shall in- clude— (1) the results of preliminary energy audits conducted in accordance with the guidelines prescribed pursuant to section 6372a(a)(1) of this title, and an estimate of the energy sav- ings that may result from the modification of maintenance and operating procedures in buildings owned by units of local government and public care institutions; (2) a recommendation as to the types of technical assistance programs considered ap- propriate for buildings owned by units of local government and public care institutions in such State, together with an estimate of the costs of carrying out such programs; (3) a program for identifying persons quali- fied to carry out technical assistance pro- grams; (4) procedures for the coordination among technical assistance programs within any State and for coordination of programs au- thorized under this part with other State en- ergy conservation programs,1 (5) a description of the policies and proce- dures to be followed in the allocation of funds among eligible applicants for technical assist- ance within such State, including procedures to insure that funds will be allocated among eligible applicants on the basis of relative need and including recommendations as to how priorities should be established between buildings owned by units of local government and public care institutions, and among com- peting proposals taking into account such fac- tors as cost, energy consumption, and energy savings; (6) procedures to assure that all grants for technical assistance provided under this part are expended in compliance with the require- ments of an approved State plan for such State and in compliance with the require- ments of this part (including requirements contained in rules promulgated under this part); and (7) 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) Each State plan submitted under this sec- tion shall be reviewed and approved or dis- approved by the Secretary 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. (Pub. L. 94–163, title III, § 400D, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3251; amended Pub. L. 105–388, § 5(a)(12), Nov. 13, 1998, 112 Stat. 3479.) Editorial Notes AMENDMENTS 1998—Subsec. (a)(1). Pub. L. 105–388 substituted semi- colon for comma at end. Subsec. (a)(2). Pub. L. 105–388, which directed substi- tution of semicolon for comma at end, could not be exe- cuted because comma does not appear at end. Subsec. (a)(3). Pub. L. 105–388 substituted semicolon for comma at end.