
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: 42USC6371c]

 
                 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. 6371c. State plans


(a) 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--
        (1) 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;
        (2) 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;
        (3) a program for identifying persons qualified to carry out 
    energy conservation projects;
        (4) procedures to insure that funds will be allocated among 
    eligible applicants for energy conservation projects within such 
    State, including procedures--
            (A) 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
            (B) to insure that equitable consideration is given to all 
        eligible public or nonprofit institutions regardless of size and 
        type of ownership;

        (5) 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;
        (6) 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;
        (7) procedures to insure implementation of energy conserving 
    maintenance and operating procedures in those facilities for which 
    projects are proposed; and
        (8) 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.

(b) 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) of this section, the Secretary 
shall approve the plan. If a State plan submitted within the 90-day 
period specified in subsection (a) of this section 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.

(c) Development and implementation of approved plans; submission of 
        proposed State plan

    (1) 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.
    (2) 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) of this section 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.

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


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-388, Sec. 5(a)(10)(A), substituted 
semicolon for comma at end.
    Subsec. (a)(2). Pub. L. 105-388, Sec. 5(a)(10)(B), substituted 
semicolon for period at end.
    Subsec. (a)(3), (5). Pub. L. 105-388, Sec. 5(a)(10)(A), substituted 
semicolon for comma at end.
    Subsec. (a)(6). Pub. L. 105-388, Sec. 5(a)(10)(C), substituted 
semicolon for colon at end.

                  Section Referred to in Other Sections

    This section is referred to in sections 6371, 6371d, 6371e of this 
title.
