
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: 42USC6326]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
                 Part B--State Energy Conservation Plans
 
Sec. 6326. Definitions

    As used in this part--
        (1) 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.
        (2) The term ``building'' means any structure which includes 
    provision for a heating or cooling system, or both, or for a hot 
    water system.
        (3) 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--
            (A) is carried out in accordance with rules of the 
        Secretary; and
            (B) imposes--
                (i) no direct costs, with respect to individuals who are 
            occupants of dwelling units in any State having a 
            supplemental State energy conservation plan approved under 
            section 6327 \1\ of this title, and
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    \1\ See References in Text note below.
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                (ii) 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.
        (4) 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 May 1, 1989, 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--
            (A) the useful life of the modification involved, as 
        determined by the Secretary, or
            (B) 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.
        (5) 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.
        (6) 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 August 14, 1976, 
    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--
            (A) 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
            (B) 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--
                (i) the useful life of the modification involved, as 
            determined by the Secretary, or
                (ii) 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.
        (7) The term ``public building'' means any building which is 
    open to the public during normal business hours.
        (8) 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.

(Pub. L. 94-163, title III, Sec. 366, Dec. 22, 1975, 89 Stat. 935; Pub. 
L. 94-385, title IV, Sec. 431, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95-
619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101-
440, Sec. 2(b), Oct. 18, 1990, 104 Stat. 1006.)

                       References in Text

    Section 6327 of this title, referred to in par. (3)(B)(i), was 
repealed by Pub. L. 101-440, Sec. 4(c)(1), Oct. 18, 1990, 104 Stat. 
1009.


                               Amendments

    1990--Par. (4). Pub. L. 101-440 substituted ``building, building 
system, energy consuming device associated with the building, or 
industrial'' for ``building or industrial'', ``May 1, 1989'' for 
``August 14, 1976'', and ``maintain or improve the efficiency'' for 
``improve the efficiency''.
    1978--Pars. (1), (3)(A), (B)(ii), (4), (A), (6), (B), (B)(i). Pub. 
L. 95-619 substituted ``Secretary'' for ``Administrator'', meaning 
Administrator of the Federal Energy Administration, wherever appearing.
    1976--Pub. L. 94-385 redesignated former pars. (1) and (2) as (7) 
and (8), respectively, and added pars. (1) to (6).

                  Section Referred to in Other Sections

    This section is referred to in sections 6323a, 6881 of this title; 
title 12 section 1701z-8.
