
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6323]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
                 Part B--State Energy Conservation Plans
 
Sec. 6323. Federal assistance to States


(a) Information, technical assistance, and assistance in preparation of 
        reports and development, implementation, or modification of 
        energy conservation plan

    Upon request of the Governor of any State, the Secretary shall 
provide, subject to the availability of personnel and funds, information 
and technical assistance, including model State laws and proposed 
regulations relating to energy conservation, and other assistance in--
        (1) the preparation of the reports described in section 6322 of 
    this title, and
        (2) the development, implementation, or modification of an 
    energy conservation plan of such State submitted under section 
    6322(b) or (e) of this title.

(b) Financial assistance to assist State in development, implementation, 
        or modification of energy conservation plan; submission of plan 
        to and approval of Secretary; considerations governing approval; 
        amount of assistance

    (1) The Secretary may grant Federal financial assistance pursuant to 
this section for the purpose of assisting such State in the development 
of any such energy conservation plan or in the implementation or 
modification of a State energy conservation plan or part thereof which 
has been submitted to and approved by the Secretary pursuant to this 
part.
    (2) In determining whether to approve a State energy conservation 
plan submitted under section 6322(b) or (e) of this title, the 
Secretary--
        (A) shall take into account the impact of local economic, 
    climatic, geographic, and other unique conditions and requirements 
    of such State on the opportunity to conserve and to improve 
    efficiency in the use of energy in such State; and
        (B) may extend the period of time during which a State energy 
    conservation feasibility report or State energy conservation plan 
    may be submitted if the Secretary determines that participation by 
    the State submitting such report or plan is likely to result in 
    significant progress toward achieving the purposes of this chapter.

No such plan shall be disapproved without notice and an opportunity to 
present views.
    (3) In determining the amount of Federal financial assistance to be 
provided to any State under this subsection, the Secretary shall 
consider--
        (A) the contribution to energy conservation which can reasonably 
    be expected,
        (B) the number of people affected by such plan, and
        (C) the consistency of such plan with the purposes of this 
    chapter, and such other factors as the Secretary deems appropriate.

(c) Records

    Each recipient of Federal financial assistance under subsection (b) 
of this section shall keep such records as the Secretary shall require, 
including records which fully disclose the amount and disposition by 
each recipient of the proceeds of such assistance, the total cost of the 
plan, program, projects, measures, or systems for which such assistance 
was given or used, the source and amount of funds for such plan, 
program, projects, measures, or systems not supplied by the Secretary, 
and such other records as the Secretary determines necessary to 
facilitate an effective audit and performance evaluation. The Secretary 
and Comptroller General of the United States, or any of their duly 
authorized representatives, shall have access for the purpose of audit 
and examination, at reasonable times and under reasonable conditions, to 
any pertinent books, documents, papers, and records of any recipient of 
Federal assistance under this part.

(d) Assistance as supplementing and not supplanting State and local 
        funds

    Each State receiving Federal financial assistance pursuant to this 
section shall provide reasonable assurance to the Secretary that it has 
established policies and procedures designed to assure that Federal 
financial assistance under this part and under part E of this subchapter 
will be used to supplement, and not to supplant, State and local funds, 
and to the extent practicable, to increase the amount of such funds that 
otherwise would be available, in the absence of such Federal financial 
assistance, for those programs set forth in the State energy 
conservation plan approved pursuant to subsection (b) of this section.

(e) Energy emergency planning program as prerequisite to assistance

    (1) Effective October 1, 1991, to be eligible for Federal financial 
assistance pursuant to this section, a State shall submit to the 
Secretary, as a supplement to its energy conservation plan, an energy 
emergency planning program for an energy supply disruption, as designed 
by the State consistent with applicable Federal and State law. The 
contingency plan provided for by the program shall include an 
implementation strategy or strategies (including regional coordination) 
for dealing with energy emergencies. The submission of such plan shall 
be for informational purposes only and without any requirement of 
approval by the Secretary.
    (2) Federal financial assistance made available under this part to a 
State may be used to develop and conduct the energy emergency planning 
program requirement referred to in paragraph (1).

(f) State buildings energy efficiency improvements incentive fund

    If the Secretary determines that a State has demonstrated a 
commitment to improving the energy efficiency of buildings within such 
State, the Secretary may, beginning in fiscal year 1994, provide up to 
$1,000,000 to such State for deposit into a revolving fund established 
by such State for the purpose of financing energy efficiency 
improvements in State and local government buildings. In making such 
determination the Secretary shall consider whether--
        (1) such State, or a majority of the units of local government 
    with jurisdiction over building energy codes within such State, has 
    adopted codes for energy efficiency in new buildings that are at 
    least as stringent as American Society of Heating, Refrigerating, 
    and Air-Conditioning Engineers Standard 90.1-1989 (with respect to 
    commercial buildings) and Council of American Building Officials 
    Model Energy Code, 1992 (with respect to residential buildings);
        (2) such State has established a program, including a revolving 
    fund, to finance energy efficiency improvement projects in State and 
    local government facilities and buildings; and
        (3) such State has obtained funding from non-Federal sources, 
    including but not limited to, oil overcharge funds, State or local 
    government appropriations, or utility contributions (including 
    rebates) equal to or greater than three times the amount provided by 
    the Secretary under this subsection for deposit into such revolving 
    fund.

(Pub. L. 94-163, title III, Sec. 363, Dec. 22, 1975, 89 Stat. 934; Pub. 
L. 94-385, title IV, Sec. 432(b), (c), Aug. 14, 1976, 90 Stat. 1162; 
Pub. L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; 
Pub. L. 101-440, Sec. 3(b), Oct. 18, 1990, 104 Stat. 1007; Pub. L. 102-
486, title I, Sec. 141(a)(1), Oct. 24, 1992, 106 Stat. 2840.)

                       References in Text

    This chapter, referred to in subsec. (b)(2)(B), (3)(C), was in the 
original ``this Act'', meaning Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 
871, as amended, known as the Energy Policy and Conservation Act. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 6201 of this title and Tables.


                               Amendments

    1992--Subsec. (f). Pub. L. 102-486 added subsec. (f).
    1990--Subsecs. (d), (e). Pub. L. 101-440 added subsecs. (d) and (e).
    1978--Pub. L. 95-619 substituted ``Secretary'' for 
``Administrator'', meaning Administrator of the Federal Energy 
Administration, wherever appearing.
    1976--Subsec. (b)(2). Pub. L. 94-385, Sec. 432(b), inserted 
provision requiring notice and opportunity to present views prior to 
disapproval of plans.
    Subsec. (c). Pub. L. 94-385, Sec. 432(c), inserted references to 
plan, measures, or systems wherever appearing and required that 
examinations be at reasonable times and under reasonable conditions.

                  Section Referred to in Other Sections

    This section is referred to in sections 6323a, 6325 of this title.
