Collapse to view only § 6372g. Allocation of grants
- § 6372. Definitions
- § 6372a. Guidelines
- § 6372b. Preliminary energy audits and energy audits
- § 6372c. State plans
- § 6372d. Applications for grants for technical assistance
- § 6372e. Grants for technical assistance
- § 6372f. Authorization of appropriations
- § 6372g. Allocation of grants
- § 6372h. Administration; detailed description in annual report
- § 6372i. Records
§ 6372. DefinitionsFor purposes of this part—
(1) The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title.
(2) The term “unit of local government” means the government of a county, municipality, or township, which is a unit of general purpose government below the State (determined on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes) and the District of Columbia. Such term also means the recognized governing body of an Indian tribe (as defined in section 6862 of this title) which governing body performs substantial governmental functions.
(3) The term “building” has the meaning provided in section 6371 of this title except that for purposes of this part such term includes only buildings which are owned and primarily occupied by offices or agencies of a unit of local government or by a public care institution and does not include any building intended for seasonal use or any building utilized primarily by a school or hospital.
(4) The term “public care institution” means a public or nonprofit institution which owns—
(A) a facility for long term care, a rehabilitation facility, or a public health center, as described in section 300s–3 of this title, or
(B) a residential child care center.
(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) or 501(c)(4) of title 26.
(6) The term “technical assistance program costs” means the costs of carrying out a technical assistance program.
(7) The term “technical assistance” means assistance under rules, promulgated by the Secretary, to States, units of local government and public care institutions—
(A) to conduct specialized studies identifying and specifying energy savings and related cost savings that are likely to be realized as a result of (i) modification or maintenance and operating procedures in a building, (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.)
§ 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 preliminary 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 energy audits.
(b) Implementation of technical assistance programs
The Secretary shall, by rule, not later than 90 days after November 9, 1978, prescribe guidelines for State plans for the implementation of technical assistance programs for buildings owned by units of local government and public care institutions. The guidelines shall include—
(1) a description of the factors to be considered in determining which technical assistance programs will be given priority in making grants pursuant to this part, including such factors as cost, energy consumption, energy 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 technical assistance work; and
(3) a description of the types of energy conservation measures deemed appropriate for each region of the Nation.
(c) Revisions
(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
(b) Grants for conduct of preliminary energy audits
(c) Application by Governor, unit of local government or public care institution
(d) Grants for conduct of energy audits
(e) Audits conducted prior to grant of financial assistance
(f) Restriction on use of funds
(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 prescribed 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 include—
(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 savings 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 appropriate 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 qualified to carry out technical assistance programs;
(4) procedures for the coordination among technical assistance programs within any State and for coordination of programs authorized under this part with other State energy conservation programs,1
1 So in original. The comma probably should be a semicolon.
(5) a description of the policies and procedures to be followed in the allocation of funds among eligible applicants for technical assistance 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 competing proposals taking into account such factors 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 requirements of an approved State plan for such State and in compliance with the requirements of this part (including requirements contained in rules promulgated under this part); and
(7) policies and procedures designed to assure that financial assistance provided under this part in such State will be used to supplement, and not to supplant State, local, or other funds.
(b) Each State plan submitted under this section shall be reviewed and approved or disapproved 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 approved 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.)
§ 6372d. Applications for grants for technical assistance
(a) Limitation on number of applications by units of local government and public care institutions; submittal to State energy agency
(b) Required information
(c) Compliance required for approval; reasons for disapproval; resubmittal; amendment
(d) Suspension of further assistance for failure to comply
(Pub. L. 94–163, title III, § 400E, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3252.)
§ 6372e. Grants for technical assistance
(a) Authorization of Secretary
(b) Restriction on use of funds
(c) Allocation requirements
(d) Prescription of rules limiting allocations to States for administrative expenses
(Pub. L. 94–163, title III, § 400F, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3252.)
§ 6372f. Authorization of appropriations
(a) For the purpose of making grants to States to conduct preliminary energy audits and energy audits under this part there is authorized to be appropriated not to exceed $7,500,000 for the fiscal year ending September 30, 1978, and $7,500,000 for the fiscal year ending September 30, 1979, such funds to remain available until expended.
(b) For the purpose of making technical assistance grants under this part to States and to units of local government and public care institutions, there is hereby authorized to be appropriated not to exceed $17,500,000 for the fiscal year ending September 30, 1978, and $32,500,000 for the fiscal year ending September 30, 1979, such funds to remain available until expended.
(c) For the expenses of the Secretary in administering the provisions of this part, there are hereby authorized to be appropriated such sums as may be necessary for each fiscal year in the two consecutive fiscal year periods ending September 30, 1979, such funds to remain available until expended.
(Pub. L. 94–163, title III, § 400G, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253.)
§ 6372g. Allocation of grants
(a) Grants made under this part shall be allocated among the States in accordance with a formula to be prescribed, by rule, by the Secretary, taking into account population and climate of each State, and such other factors as the Secretary may deem appropriate.
(b) The total amount allocated to any State under subsection (a) in any year shall not exceed 10 percent of the total amount allocated to all the States in such year under such subsection (a). Except for the District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands, not less than 0.5 percent of such total allocation to all States for that year shall be allocated in such year for the total of grants in each State which has an approved State plan under this part.
(Pub. L. 94–163, title III, § 400H, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253.)
§ 6372h. Administration; detailed description in annual report
(a) The Secretary may prescribe such rules as may be necessary in order to carry out the provisions of this part.
(b) The Secretary shall include in his annual report a detailed description of the actions taken under this part in the preceding fiscal year and the actions planned to be taken in the subsequent fiscal year. Such description shall show the allocations made (including the allocations made to each State) and include information on the technical assistance carried out with funds allocated, and an estimate of the energy savings, if any, achieved.
(Pub. L. 94–163, title III, § 400I, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253; amended Pub. L. 96–470, title II, § 203(a), Oct. 19, 1980, 94 Stat. 2242; Pub. L. 105–388, § 5(a)(13), Nov. 13, 1998, 112 Stat. 3479.)
§ 6372i. Records
Each recipient of assistance under this part shall keep such records, provide such reports, and furnish such access to books and records as the Secretary may by rule prescribe.
(Pub. L. 94–163, title III, § 400J, as added Pub. L. 95–619, title III, § 311(a), Nov. 9, 1978, 92 Stat. 3253.)