§ 6371c. State plans

Statutory text

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 prescribed pursuant to section 6371a of this title, or such longer period as the Secretary may, for good cause, allow, a State plan under this section for such State. Such plan shall include—

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 installation of energy conservation measures in the schools and hospitals in such State;

a recommendation as to the types of energy conservation projects considered appropriate for schools and hospitals in such State, together with an estimate of the costs of carrying out such projects in each year for which funds are appropriated;

a program for identifying persons qualified to carry out energy conservation projects;

procedures to insure that funds will be allocated among eligible applicants for energy conservation projects within such State, including procedures—

to insure that funds will be allocated on the basis of relative need taking into account such factors as cost, energy consumption and energy savings, and

to insure that equitable consideration is given to all eligible public or nonprofit institutions regardless of size and type of ownership;

a statement of the extent to which, and by which methods, such State will encourage utilization of solar space heating, cooling, and electric systems and solar water heating systems where appropriate;

procedures to assure that all assistance under this part in such State will be expended in compliance with the requirements of an approved State plan for such State, and in compliance with the requirements of this part;

procedures to insure implementation of energy conserving maintenance and operating procedures in those facilities for which projects are proposed; and

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.

Approval of plans

The Secretary shall review and approve or disapprove each State plan 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.

Development and implementation of approved plans; submission of proposed State plan

If a State plan has not been approved under this section within 2 years and 90 days after November 9, 1978, or within 90 days after the completion of the preliminary audits under section 6371b(a) of this title, whichever is later, the Secretary may take such action as necessary to develop and implement such a State plan and to carry out the functions which would otherwise be carried out under this part by the State energy agency, State school facilities agency, and State hospital facilities agency, in order that the energy conservation program for schools and hospitals may be implemented in such State.

Notwithstanding any other provision contained in this section, a State may, at any time, submit a proposed State plan for such State under this section. The Secretary shall approve or disapprove such plan not later than 60 days after receipt by the Secretary. If such plan meets the requirements of subsection (a) and is not inconsistent with any plan developed and implemented by the Secretary under paragraph (1), the Secretary shall approve the plan and withdraw any such plan developed and implemented by the Secretary.

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.

1978
Energy Policy and Conservation Act
Pub. L. 94–163 title III § 394 · 89 Stat. 871
Enacted · 42 U.S.C. § 6371c
Pub. L. 94–163, title III, § 394, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3243
Source evidence
Code source credit
Pub. L. 94–163, title III, § 394, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3243
1998
Energy Conservation Reauthorization Act of 1998
Pub. L. 105–388 § 5(a)(10)(A) · 112 Stat. 3477
Substituted · 42 U.S.C. § 6371c(a)(1)
Pub. L. 105–388, § 5(a)(10)(A), substituted semicolon for comma at end
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 105–388, § 5(a)(10)(A), substituted semicolon for comma at end.
Enacted provision · exact public law section
(A) by striking the commas at the end of paragraphs (1), (3), and (5) and inserting semicolons;
1998
Energy Conservation Reauthorization Act of 1998
Pub. L. 105–388 § 5(a)(10)(B) · 112 Stat. 3477
Substituted · 42 U.S.C. § 6371c(a)(2)
Pub. L. 105–388, § 5(a)(10)(B), substituted semicolon for period at end
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 105–388, § 5(a)(10)(B), substituted semicolon for period at end.
Enacted provision · exact public law section
(B) by striking the period at the end of paragraph(2) and inserting a semicolon; and
1998
Energy Conservation Reauthorization Act of 1998
Pub. L. 105–388 § 5(a)(10)(A) · 112 Stat. 3477
Substituted · 42 U.S.C. § 6371c(a)(3); 42 U.S.C. § 6371c(a)(5)
Pub. L. 105–388, § 5(a)(10)(A), substituted semicolon for comma at end
Source evidence
Code amendment note
Subsec. (a)(3), (5). Pub. L. 105–388, § 5(a)(10)(A), substituted semicolon for comma at end.
Enacted provision · exact public law section
(A) by striking the commas at the end of paragraphs (1), (3), and (5) and inserting semicolons;
1998
Energy Conservation Reauthorization Act of 1998
Pub. L. 105–388 § 5(a)(10)(C) · 112 Stat. 3477
Substituted · 42 U.S.C. § 6371c(a)(6)
Pub. L. 105–388, § 5(a)(10)(C), substituted semicolon for colon at end
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 105–388, § 5(a)(10)(C), substituted semicolon for colon at end.
Enacted provision · exact public law section
(C) by striking the colon at the end of paragraph (6) and inserting a semicolon;

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1998—Subsec. (a)(1). Pub. L. 105–388, § 5(a)(10)(A), substituted semicolon for comma at end.

Subsec. (a)(2). Pub. L. 105–388, § 5(a)(10)(B), substituted semicolon for period at end.

Subsec. (a)(3), (5). Pub. L. 105–388, § 5(a)(10)(A), substituted semicolon for comma at end.

Subsec. (a)(6). Pub. L. 105–388, § 5(a)(10)(C), substituted semicolon for colon at end.

Credits

1978–1998 · 2 acts

1978Pub. L. 94–163, title III, § 394, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3243
1998amended Pub. L. 105–388, § 5(a)(10), Nov. 13, 1998, 112 Stat. 3478.

Show as published

(Pub. L. 94–163, title III, § 394, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3243; amended Pub. L. 105–388, § 5(a)(10), Nov. 13, 1998, 112 Stat. 3478.)