Title 42 — The Public Health and Welfare
Part B · Chapter 77 — Energy Conservation
§ 6321. Findings; purpose; definitions
Statutory text
Findings
Congress finds that—
the development and implementation by States of laws, policies, programs, and procedures to conserve and to improve efficiency in the use of energy will have an immediate and substantial effect in reducing the rate of growth of energy demand and in minimizing the adverse social, economic, political, and environmental impacts of increasing energy consumption;
the development and implementation of energy conservation programs by States will most efficiently and effectively minimize any adverse economic or employment impacts of changing patterns of energy use and meet local economic, climatic, geographic, and other unique conditions and requirements of each State; and
the Federal Government has a responsibility to foster and promote comprehensive energy conservation programs and practices by establishing guidelines for such programs and providing overall coordination, technical assistance, and financial support for specific State initiatives in energy conservation.
Purpose
It is the purpose of this part to promote the conservation of energy and reduce the rate of growth of energy demand by authorizing the Secretary to establish procedures and guidelines for the development and implementation of specific State energy conservation programs and to provide Federal financial and technical assistance to States in support of such programs.
Definitions
In this part:
Appliance
The term “appliance” means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Secretary classifies as an appliance for purposes of this part.
Building
The term “building” means any structure which includes provision for a heating or cooling system, or both, or for a hot water system.
Energy audit
The term “energy audit” means any process which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of particular energy conservation measures or renewable-resource energy measures and which—
is carried out in accordance with rules of the Secretary; and
imposes—
no direct costs, with respect to individuals who are occupants of dwelling units in any State having a supplemental State energy conservation plan; and
only reasonable costs, as determined by the Secretary, with respect to any person not described in clause (i).
Rules referred to in subparagraph (A) may include minimum qualifications for, and provisions with respect to conflicts of interest of, persons carrying out such energy audits.
Energy conservation measure
The term “energy conservation measure” means a measure which modifies any building, building system, energy consuming device associated with the building, or industrial plant, the construction of which has been completed prior to , if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title, to be likely to maintain or improve the efficiency of energy use and to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Secretary) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of—
the useful life of the modification involved, as determined by the Secretary, or
15 years after the purchase and installation of such measure,
whichever is less. Such term does not include (i) the purchase or installation of any appliance, (ii) any conversion from one fuel or source of energy to another which is of a type which the Secretary, by rule, determines is ineligible on the basis that such type of conversion is inconsistent with national policy with respect to energy conservation or reduction of imports of fuels, or (iii) any measure, or type of measure, which the Secretary determines does not have as its primary purpose an improvement in efficiency of energy use.
Industrial plant
The term “industrial plant” means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output.
Public building
The term “public building” means any building which is open to the public during normal business hours.
Renewable-resource energy measure
The term “renewable-resource energy measure” means a measure which modifies any building or industrial plant, the construction of which has been completed prior to , if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title, to—
involve changing, in whole or in part, the fuel or source of the energy used to meet the requirements of such building or plant from a depletable source of energy to a nondepletable source of energy; and
be likely to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Secretary) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of—
the useful life of the modification involved, as determined by the Secretary, or
25 years after the purchase and installation of such measure,
whichever is less.
Such term does not include the purchase or installation of any appliance.
Transportation controls
The term “transportation controls” means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, restrictions, and requirements, which is designed to reduce the amount of energy consumed in transportation, except that the term does not include rationing of gasoline or diesel fuel.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Energy Policy and Conservation Act
Pub. L. 94–163 title III § 361 · 89 Stat. 871
Enacted · 42 U.S.C. § 6321
Pub. L. 94–163, title III, § 361, Dec. 22, 1975, 89 Stat. 932
Source evidence
Code source credit
Pub. L. 94–163, title III, § 361, Dec. 22, 1975, 89 Stat. 932Enacted provision · exact public law section
Sec. 361. findings and purpose (a) The Congress finds that— (1) the development and implementation by States of laws, policies, programs, and procedures to conserve and to improve efficiency in the use of energy will have an immediate and substantial effect in reducing the rate of growth of energy demand and in minimizing the adverse social, economic, political, and environmental impacts of increasing energy consumption; (2) the development and implementation of energy conservation programs by States will most efficiently and effectively minimize any adverse economic or employment impacts of changing patterns of energy use and meet local economic, climatic, geographic, and other unique conditions and requirements of each State; and (3) the Federal Government has a responsibility to foster and promote comprehensive energy conservation programs and practices by establishing guidelines for such programs and providing overall coordination, technical assistance, and financial support for specific State initiatives in energy conservation. (b) It is the purpose of this part to promote the conservation of energy and reduce the rate of growth of energy demand by authorizing the Administrator to establish procedures and guidelines for the development and implementation of specific State energy conservation programs and to provide Federal financial and technical assistance to States in support of such programs.Pub. L. 95–619 title VI § 691(b)(2) · 92 Stat. 3206
Substituted · 42 U.S.C. § 6321(b)
Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.Enacted provision · exact public law section
(2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40108(a)(1)(A) · 135 Stat. 429
Substituted · 42 U.S.C. § 6321
Pub. L. 117–58, § 40108(a)(1)(A), substituted “Findings; purpose; definitions” for “Congressional findings and declaration of purpose” in section catchline and, in subsec. (a)
Inserted · 42 U.S.C. § 6321
Pub. L. 117–58, § 40108(a)(1)(A), inserted heading
Substituted · 42 U.S.C. § 6321
Pub. L. 117–58, § 40108(a)(1)(A), substituted “Congress” for “The Congress” in introductory provisions
Source evidence
Code amendment note
Pub. L. 117–58, § 40108(a)(1)(A), substituted “Findings; purpose; definitions” for “Congressional findings and declaration of purpose” in section catchline and, in subsec. (a), inserted heading and substituted “Congress” for “The Congress” in introductory provisions.Enacted provision · exact public law section
(A) by striking the section designation and heading and all that follows through “The Congress” and inserting the following: “SEC. 361. FINDINGS; PURPOSE; DEFINITIONS. “(a) Findings.— Congress” ;Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40108(a)(1)(B) · 135 Stat. 429
Inserted · 42 U.S.C. § 6321(b)
Pub. L. 117–58, § 40108(a)(1)(B), inserted heading
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–58, § 40108(a)(1)(B), inserted heading.Enacted provision · exact public law section
(B) in subsection (b), by striking “(b) It is” and inserting the following: “(b) Purpose.— It is” ; andInfrastructure Investment and Jobs Act
Pub. L. 117–58 § 40108(a)(1)(C) · 135 Stat. 429
Added · 42 U.S.C. § 6321(c)
Pub. L. 117–58, § 40108(a)(1)(C), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–58, § 40108(a)(1)(C), added subsec. (c).Enacted provision · exact public law section
(C) by adding at the end the following: “(c) Definitions.— In this part:” ;Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 40108(a)(3) · 135 Stat. 429
Changed · 42 U.S.C. § 6321(c)(1)(8)
Pub. L. 117–58, § 40108(a)(3), transferred pars. (1) to (8) of section 6326 of this title to subsec. (c) of this section. See Codification note above
Source evidence
Code amendment note
Subsec. (c)(1) to (8). Pub. L. 117–58, § 40108(a)(3), transferred pars. (1) to (8) of section 6326 of this title to subsec. (c) of this section. See Codification note above.Enacted provision · exact public law section
(3) by moving paragraphs (1) through (8) of section 366 (as so redesignated) so as to appear after subsection (c) of section 361 (as designated by paragraph (1)(C)); and
8 of 8 references resolved to an enrolled provision
Editorial Notes
Codification
Pars. (1) to (8) of section 6326 of this title, which were transferred to subsec. (c) of this section by Pub. L. 117–58, div. D, title I, § 40108(a)(3), , 135 Stat. 942, were based on Pub. L. 94–163, title III, § 366, , 89 Stat. 935; Pub. L. 94–385, title IV, § 431, , 90 Stat. 1158; Pub. L. 95–619, title VI, § 691(b)(2), , 92 Stat. 3288; Pub. L. 101–440, § 2(b), , 104 Stat. 1006; Pub. L. 117–58, div. D, title I, § 40108(a)(2), , 135 Stat. 941.
Amendments1978–2021 · 2 rounds
2021
Pub. L. 117–58, § 40108(a)(1)(A), substituted “Findings; purpose; definitions” for “Congressional findings and declaration of purpose” in section catchline and, in subsec. (a), inserted heading and substituted “Congress” for “The Congress” in introductory provisions.
Subsec. (b). Pub. L. 117–58, § 40108(a)(1)(B), inserted heading.
Subsec. (c). Pub. L. 117–58, § 40108(a)(1)(C), added subsec. (c).
Subsec. (c)(1) to (8). Pub. L. 117–58, § 40108(a)(3), transferred pars. (1) to (8) of section 6326 of this title to subsec. (c) of this section. See Codification note above.
1978
Subsec. (b). Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.
Statutory Notes and Related Subsidiaries
Wage Rate Requirements
For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
Report on Coordination of Energy Conservation Programs
Pub. L. 95–619, title VI, § 623, , 92 Stat. 3283, provided that not later than 6 months after , the Secretary of Energy submit a report on the coordination of Federal energy conservation programs involving State and local government.
Credits
1975–2021 · 3 acts
- 1975Pub. L. 94–163, title III, § 361, , 89 Stat. 932
- 1978Pub. L. 95–619, title VI, § 691(b)(2), , 92 Stat. 3288
- 2021Pub. L. 117–58, div. D, title I, § 40108(a)(1), (3), , 135 Stat. 941, 942.
Show as published
(Pub. L. 94–163, title III, § 361, , 89 Stat. 932; Pub. L. 95–619, title VI, § 691(b)(2), , 92 Stat. 3288; Pub. L. 117–58, div. D, title I, § 40108(a)(1), (3), , 135 Stat. 941, 942.)