
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: 42USC6371]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
      Part E--Energy Conservation Program for Schools and Hospitals
 
Sec. 6371. Definitions

    For the purposes of this part--
    (1) The term ``building'' means any structure the construction of 
which was completed on or before May 1, 1989, which includes a heating 
or cooling system, or both.
    (2) The term ``energy conservation measure'' means an installation 
or modification of an installation in a building which is primarily 
intended to maintain or reduce energy consumption and reduce energy 
costs or allow the use of an alternative energy source, including, but 
not limited to--
        (A) insulation of the building structure and systems within the 
    building;
        (B) storm windows and doors, multiglazed windows and doors, heat 
    absorbing or heat reflective glazed and coated windows and door 
    systems, additional glazing, reductions in glass area, and other 
    window and door system modifications;
        (C) automatic energy control systems and load management 
    systems;
        (D) equipment required to operate variable steam, hydraulic, and 
    ventilating systems adjusted by automatic energy control systems;
        (E) solar space heating or cooling systems, solar electric 
    generating systems, or any combination thereof;
        (F) solar water heating systems;
        (G) furnace or utility plant and distribution system 
    modifications including--
            (i) replacement burners, furnaces, boilers, or any 
        combination thereof, which substantially increases the energy 
        efficiency of the heating system,
            (ii) devices for modifying flue openings which will increase 
        the energy efficiency of the heating system,
            (iii) electrical or mechanical furnace ignition systems 
        which replace standing gas pilot lights, and
            (iv) utility plant system conversion measures including 
        conversion of existing oil- and gas-fired boiler installations 
        to alternative energy sources, including coal;

        (H) caulking and weatherstripping;
        (I) replacement or modification of lighting fixtures which 
    replacement or modification increases the energy efficiency of the 
    lighting system without increasing the overall illumination of a 
    facility (unless such increase in illumination is necessary to 
    conform to any applicable State or local building code or, if no 
    such code applies, the increase is considered appropriate by the 
    Secretary);
        (J) energy recovery systems;
        (K) cogeneration systems which produce steam or forms of energy 
    such as heat, as well as electricity for use primarily within a 
    building or a complex of buildings owned by a school or hospital and 
    which meet such fuel efficiency requirements as the Secretary may by 
    rule prescribe;
        (L) such other measures as the Secretary identifies by rule for 
    purposes of this part; and
        (M) such other measures as a grant applicant shows will save a 
    substantial amount of energy and as are identified in an energy 
    audit prescribed pursuant to section 6325(e)(2) of this title.

    (3) The term ``hospital'' means a public or nonprofit institution 
which is--
        (A) a general hospital, tuberculosis hospital, or any other type 
    of hospital, other than a hospital furnishing primarily domiciliary 
    care; and
        (B) duly authorized to provide hospital services under the laws 
    of the State in which it is situated.

    (4) The term ``hospital facilities'' means buildings housing a 
hospital and related facilities, including laboratories, outpatient 
departments, nurses' home and training facilities and central service 
facilities operated in connection with a hospital, and also includes 
buildings housing education or training facilities for health 
professions personnel operated as an integral part of a hospital.
    (5) The term ``public or nonprofit institution'' means an 
institution owned and operated by--
        (A) a State, a political subdivision of a State or an agency or 
    instrumentality of either, or
        (B) an organization exempt from income tax under section 
    501(c)(3) of title 26.

    (6) The term ``school'' means a public or nonprofit institution 
which--
        (A) provides, and is legally authorized to provide, elementary 
    education or secondary education, or both, on a day or residential 
    basis;
        (B)(i) provides, and is legally authorized to provide a program 
    of education beyond secondary education, on a day or residential 
    basis;
        (ii) admits as students only persons having a certificate of 
    graduation from a school providing secondary education, or the 
    recognized equivalent of such certificate;
        (iii) is accredited by a nationally recognized accrediting 
    agency or association; and
        (iv) provides an educational program for which it awards a 
    bachelor's degree or higher degree or provides not less than a two-
    year program which is acceptable for full credit toward such a 
    degree at any institution which meets the requirements of clauses 
    (i), (ii), and (iii) and which provides such a program;
        (C) provides not less than a one-year program of training to 
    prepare students for gainful employment in a recognized occupation 
    and which meets the provisions of clauses (i), (ii), and (iii) of 
    subparagraph (B); or
        (D) is a local educational agency.

    (7) The term ``local education agency'' means a public board of 
education or other public authority or a nonprofit institution legally 
constituted within, or otherwise recognized by, a State for either 
administrative control or direction of, or to perform administrative 
services for, a group of schools within a State.
    (8) The term ``school facilities'' means buildings housing 
classrooms, laboratories, dormitories, administrative facilities, 
athletic facilities, or related facilities operated in connection with a 
school.
    (9) The term ``State'' means, in addition to the several States of 
the Union, the District of Columbia, Puerto Rico, Guam, American Samoa, 
the Northern Mariana Islands, and the Virgin Islands.
    (10) The term ``State energy agency'' means the State agency 
responsible for developing State energy conservation plans pursuant to 
section 6322 of this title, or, if no such agency exists, a State agency 
designated by the Governor of such State to prepare and submit a State 
plan under section 6371c of this title.
    (11) The term ``State school facilities agency'' means an existing 
agency which is broadly representative of public institutions of higher 
education, nonprofit institutions of higher education, public elementary 
and secondary schools, nonprofit elementary and secondary schools, 
public vocational education institutions, nonprofit vocational education 
institutions, and the interests of handicapped persons, in a State or, 
if no such agency exists, an agency which is designated by the Governor 
of such State which conforms to the requirements of this paragraph.
    (12) The term ``State hospital facilities agency'' means an existing 
agency which is broadly representative of the public hospitals and the 
nonprofit hospitals, or, if no such agency exists, an agency designated 
by the Governor of such State which conforms to the requirements of this 
paragraph.
    (13) The term ``energy audit'' means a determination of the energy 
consumption characteristics of a building which--
        (A) identifies the type, size, and rate of energy consumption of 
    such building and the major energy using systems of such building;
        (B) determines appropriate energy conservation maintenance and 
    operating procedures; and
        (C) indicates the need, if any, for the acquisition and 
    installation of energy conservation measures.

    (14) The term ``preliminary energy audit'' means a determination of 
the energy consumption characteristics of a building, including the 
size, type, rate of energy consumption and major energy-using systems of 
such building.
    (15) The term ``energy conservation project'' means--
        (A) an undertaking to acquire and to install one or more energy 
    conservation measures in school or hospital facilities and
        (B) technical assistance in connection with any such undertaking 
    and technical assistance as described in paragraph (17)(A).

    (16) The term ``energy conservation project costs'' includes only 
costs incurred in the design, acquisition, construction, and 
installation of energy conservation measures and technical assistance 
costs.
    (17) The term ``technical assistance'' means assistance, under rules 
promulgated by the Secretary, to States, schools, and hospitals--
        (A) to conduct specialized studies identifying and specifying 
    energy savings or energy cost savings that are likely to be realized 
    as a result of (i) modification of maintenance and operating 
    procedures in a building, or (ii) the acquisition and installation 
    of one or more specified energy conservation measures in such 
    building, or (iii) both, and
        (B) the planning or administration of specific remodeling, 
    renovation, repair, replacement, or insulation projects related to 
    the installation of energy conservation measures in such building.

    (18) The term ``technical assistance costs'' means costs incurred 
for the use of existing personnel or the temporary employment of other 
qualified personnel (or both such types of personnel) necessary for 
providing technical assistance.
    (19) The term ``energy conservation maintenance and operating 
procedure'' means modification or modifications in the maintenance and 
operations of a building, and any installations therein, which are 
designed to reduce energy consumption in such building and which require 
no significant expenditure of funds.
    (20) The term ``Secretary'' means the Secretary of Energy or his 
designee.
    (21) The term ``Governor'' means the chief executive officer of a 
State or his designee.

(Pub. L. 94-163, title III, Sec. 391, as added Pub. L. 95-619, title 
III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3239; amended Pub. L. 98-454, 
title VI, Sec. 601(e), Oct. 5, 1984, 98 Stat. 1736; Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-440, Sec. 6(b), Oct. 
18, 1990, 104 Stat. 1011; Pub. L. 105-388, Sec. 5(a)(9), Nov. 13, 1998, 
112 Stat. 3478.)


                               Amendments

    1998--Par. (2)(B). Pub. L. 105-388 substituted a semicolon for 
period at end.
    1990--Par. (1). Pub. L. 101-440, Sec. 6(b)(1), substituted ``May 1, 
1989'' for ``April 20, 1977''.
    Par. (2). Pub. L. 101-440, Sec. 6(b)(2), (3), in introductory 
provision substituted ``maintain or reduce energy consumption and reduce 
energy costs'' for ``reduce energy consumption'' and in subpar. (C) 
inserted ``and load management systems'' after ``systems''.
    Par. (8). Pub. L. 101-440, Sec. 6(b)(4), inserted ``administrative 
facilities,'' after ``dormitories,''.
    Par. (17)(A). Pub. L. 101-440, Sec. 6(b)(5), substituted ``or energy 
cost savings'' for ``and related cost savings''.
    1986--Par. (5)(B). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes 
of codification was translated as ``title 26'' thus requiring no change 
in text.
    1984--Par. (9). Pub. L. 98-454 which directed the amendment of 
subsec. (a) by inserting reference to the Northern Mariana Islands was 
executed to par. (9) of this section to reflect the probable intent of 
Congress, because this section does not contain a subsec. (a).


                              Separability

    Section 302(c) of title III of Pub. L. 95-619 provided that: ``If 
any provision of this title [enacting sections 6371 to 6371j and section 
6372 to 6372i of this title, amending sections 300k-2 and 300n-1 of this 
title, and enacting provisions set out as notes under this section and 
section 6372 of this title] or the application thereof to any person or 
circumstances be held invalid, the provisions of other sections of this 
title and their application to other persons or circumstances shall not 
be affected thereby.''


            Congressional Statement of Findings and Purposes

    Section 301 of part 1 of title III of Pub. L. 95-619 provided:
    ``(a) Findings.--The Congress finds that--
        ``(1) the Nation's nonrenewable energy resources are being 
    rapidly depleted;
        ``(2) schools and hospitals are major consumers of energy, and 
    have been especially burdened by rising energy prices and fuel 
    shortages;
        ``(3) substantial energy conservation can be achieved in schools 
    and hospitals through the implementation of energy conservation 
    maintenance and operating procedures and the installation of energy 
    conservation measures; and
        ``(4) public and nonprofit schools and hospitals in many 
    instances need financial assistance in order to make the necessary 
    improvements to achieve energy conservation.
    ``(b) Purpose.--It is the purpose of this part [enacting sections 
6371 to 6371i of this title, amending sections 300k-2 and 300n-1 of this 
title, and enacting provisions set out as notes under this section] to 
authorize grants to States and to public and nonprofit schools and 
hospitals to assist them in identifying and implementing energy 
conservation maintenance and operating procedures and in evaluating, 
acquiring, and installing energy conservation measures to reduce the 
energy use and anticipated energy costs of schools and hospitals.''

                  Section Referred to in Other Sections

    This section is referred to in section 6372 of this title.
