
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6349]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
                 Part C--Industrial Energy Conservation
 
Sec. 6349. Process-oriented industrial energy efficiency


(a) Definitions

    For the purposes of this section--
        (1) the term ``covered industry'' means the food and food 
    products industry, lumber and wood products industry, petroleum and 
    coal products industry, and all other manufacturing industries 
    specified in Standard Industrial Classification Codes 20 through 39 
    (or successor classification codes);
        (2) the term ``process-oriented industrial assessment'' means--
            (A) the identification of opportunities in the production 
        process (from the introduction of materials to final packaging 
        of the product for shipping) for--
                (i) improving energy efficiency;
                (ii) reducing environmental impact; and
                (iii) designing technological improvements to increase 
            competitiveness and achieve cost-effective product quality 
            enhancement;

            (B) the identification of opportunities for improving the 
        energy efficiency of lighting, heating, ventilation, air 
        conditioning, and the associated building envelope; and
            (C) the identification of cost-effective opportunities for 
        using renewable energy technology in the production process and 
        in the systems described in subparagraph (B); and

        (3) the term ``utility'' means any person, State agency 
    (including any municipality), or Federal agency, which sells 
    electric or gas energy to retail customers.

(b) Grant program

                          (1) Use of funds

        The Secretary shall, to the extent funds are made available for 
    such purpose, make grants to States which, consistent with State 
    law, shall be used for the following purposes:
            (A) To promote, through appropriate institutions such as 
        universities, nonprofit organizations, State and local 
        government entities, technical centers, utilities, and trade 
        organizations, the use of energy-efficient technologies in 
        covered industries.
            (B) To establish programs to train individuals (on an 
        industry-by-industry basis) in conducting process-oriented 
        industrial assessments and to encourage the use of such trained 
        assessors.
            (C) To assist utilities in developing, testing, and 
        evaluating energy efficiency programs and technologies for 
        industrial customers in covered industries.

                          (2) Consultation

        States receiving grants under this subsection shall consult with 
    utilities and representatives of affected industries, as 
    appropriate, in determining the most effective use of such funds 
    consistent with the requirements of paragraph (1).

                      (3) Eligibility criteria

        Not later than 1 year after October 24, 1992, the Secretary 
    shall establish eligibility criteria for grants made pursuant to 
    this subsection. Such criteria shall require a State applying for a 
    grant to demonstrate that such State--
            (A) pursuant to section 2621(a) of title 16, has considered 
        and made a determination regarding the implementation of the 
        standards specified in paragraphs (7) and (8) of section 2621(d) 
        of title 16 (with respect to integrated resources planning and 
        investments in conservation and demand management); and
            (B) by legislation or regulation--
                (i) allows utilities to recover the costs prudently 
            incurred in providing process-oriented industrial 
            assessments; and
                (ii) encourages utilities to provide to covered 
            industries--
                    (I) process-oriented industrial assessments; and
                    (II) financial incentives for implementing energy 
                efficiency improvements.

                       (4) Allocation of funds

        Grants made pursuant to this subsection shall be allocated each 
    fiscal year among States meeting the criteria specified in paragraph 
    (3) who have submitted applications 60 days before the first day of 
    such fiscal year. Such allocation shall be made in accordance with a 
    formula to be prescribed by the Secretary based on each State's 
    share of value added in industry (as determined by the Census of 
    Manufacturers) as a percentage of the value added by all such 
    States.

                        (5) Renewal of grants

        A grant under this subsection may continue to be renewed after 2 
    consecutive fiscal years during which a State receives a grant under 
    this subsection, subject to the availability of funds, if--
            (A) the Secretary determines that the funds made available 
        to the State during the previous 2 years were used in a manner 
        required under paragraph (1); and
            (B) such State demonstrates, in a manner prescribed by the 
        Secretary, utility participation in programs established 
        pursuant to this subsection.

            (6) Coordination with other Federal programs

        In carrying out the functions described in paragraph (1), States 
    shall, to the extent practicable, coordinate such functions with 
    activities and programs conducted by the Energy Analysis and 
    Diagnostic Centers of the Department of Energy and the Manufacturing 
    Technology Centers of the National Institute of Standards and 
    Technology.

(c) Other Federal assistance

                       (1) Assessment criteria

        Not later than 2 years after October 24, 1992, the Secretary 
    shall, by contract with nonprofit organizations with expertise in 
    process-oriented industrial energy efficiency technologies, 
    establish and, as appropriate, update criteria for conducting 
    process-oriented industrial assessments on an industry-by-industry 
    basis. Such criteria shall be made available to State and local 
    government, public utility commissions, utilities, representatives 
    of affected process-oriented industries, and other interested 
    parties.

                            (2) Directory

        The Secretary shall establish a nationwide directory of 
    organizations offering industrial energy efficiency assessments, 
    technologies, and services consistent with the purposes of this 
    section. Such directory shall be made available to State 
    governments, public utility commissions, utilities, industry 
    representatives, and other interested parties.

                          (3) Award program

        The Secretary shall establish an annual award program to 
    recognize utilities operating outstanding or innovative industrial 
    energy efficiency technology assistance programs.

                            (4) Meetings

        In order to further the purposes of this section, the Secretary 
    shall convene annual meetings of parties interested in process-
    oriented industrial assessments, including representatives of State 
    government, public utility commissions, utilities, and affected 
    process-oriented industries.

(d) Authorization of appropriations

    There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this section.

(Pub. L. 102-486, title I, Sec. 132, Oct. 24, 1992, 106 Stat. 2837; Pub. 
L. 104-66, title I, Sec. 1052(a)(1), Dec. 21, 1995, 109 Stat. 717; Pub. 
L. 105-362, title IV, Sec. 401(d), Nov. 10, 1998, 112 Stat. 3282.)

                          Codification

    Section was enacted as part of the Energy Policy Act of 1992, and 
not as part of the Energy Policy and Conservation Act which comprises 
this chapter.


                               Amendments

    1998--Subsecs. (d), (e). Pub. L. 105-362 redesignated subsec. (e) as 
(d) and struck out heading and text of former subsec. (d) which related 
to reports to Congress.
    1995--Subsec. (d). Pub. L. 104-66 substituted ``Not later than 
October 24, 1995, and biennially thereafter'' for ``Not later than 2 
years after October 24, 1992, and annually thereafter'' in introductory 
provisions and added par. (6).
