
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: 42USC6371e]

 
                 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. 6371e. Grants for project costs and technical assistance


(a) Authorization of Secretary; project costs

    The Secretary may make grants to schools and hospitals for carrying 
out energy conservation projects the applications for which have been 
approved under section 6371d of this title.

(b) Restrictions on use of funds

    (1) Except as provided in paragraph (2), amounts made available for 
purposes of this section (together with any amounts available for such 
purposes from other Federal sources) may not be used to pay more than 50 
percent of the costs of any energy conservation project. The non-Federal 
share of the costs of any such energy conservation project may be 
provided by using programs of innovative financing for energy 
conservation projects (including, but not limited to, loan programs and 
performance contracting), even if, pursuant to such financing, clear 
title to the equipment does not pass to the school or hospital until 
after the grant is completed.
    (2) Amounts made available for purposes of this section (together 
with any amounts available for such purposes from other Federal sources) 
may be used to pay not to exceed 90 percent of the costs of an energy 
conservation project if the Secretary determines that a project meets 
the hardship criteria of section 6371a(d) of this title. Grants made 
under this paragraph shall be from the funds provided under section 
6371g(a)(2) of this title.

(c) Allocation requirements

    Grants made under this section in any State in any year shall be 
made in accordance with the requirements contained in section 6371g of 
this title.

(d) Technical assistance costs

    (1) The Secretary may make grants to States for paying technical 
assistance costs. Schools in any State shall not be allocated less than 
30 percent of the funds for energy conservation projects within such 
State and hospitals in any State shall not be allocated less than 30 
percent of such funds.
    (2) A State may utilize up to 100 percent of the funds provided by 
the Secretary under this part for any fiscal year for program and 
technical assistance and up to 50 percent of such funds for marketing 
and other costs associated with leveraging of non-Federal funds for 
carrying out this part and may administer a continuous and consecutive 
application and award procedure for providing program and technical 
assistance under this part in accordance with regulations that the 
Secretary shall establish, if the State--
        (A) has adopted a State plan in accordance with section 6371c of 
    this title, the administration of which is in accordance with 
    applicable regulations; and
        (B) certifies to the Secretary that not more than 15 percent of 
    the aggregate amount of Federal and non-Federal funds used by the 
    State to provide program and technical assistance, implement energy 
    conservation measures, and otherwise carry out a program pursuant to 
    this part for the fiscal year concerned will be expended for program 
    and technical assistance and for marketing and other costs 
    associated with leveraging of non-Federal funds for such program.

(Pub. L. 94-163, title III, Sec. 396, as added Pub. L. 95-619, title 
III, Sec. 302(a), Nov. 9, 1978, 92 Stat. 3245; amended Pub. L. 101-440, 
Sec. 6(a), (c), (d), Oct. 18, 1990, 104 Stat. 1011.)


                               Amendments

    1990--Subsec. (b)(1). Pub. L. 101-440, Sec. 6(a), inserted at end 
``The non-Federal share of the costs of any such energy conservation 
project may be provided by using programs of innovative financing for 
energy conservation projects (including, but not limited to, loan 
programs and performance contracting), even if, pursuant to such 
financing, clear title to the equipment does not pass to the school or 
hospital until after the grant is completed.''
    Subsec. (d). Pub. L. 101-440, Sec. 6(d), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (e). Pub. L. 101-440, Sec. 6(c), struck out subsec. (e) 
which prohibited funds for buildings used principally for 
administration.

                  Section Referred to in Other Sections

    This section is referred to in sections 6371f, 6371g of this title.
