U.S Code last checked for updates: Nov 22, 2024
§ 6323.
Federal assistance to States
(a)
Information, technical assistance, and assistance in preparation of reports and development, implementation, or modification of energy conservation plan
Upon request of the Governor of any State, the Secretary shall provide, subject to the availability of personnel and funds, information and technical assistance, including model State laws and proposed regulations relating to energy conservation, and other assistance in—
(1)
the preparation of the reports described in section 6322 of this title, and
(2)
the development, implementation, or modification of an energy conservation plan of such State submitted under section 6322(b) or (e) of this title.
(b)
Financial assistance to assist State in development, implementation, or modification of energy conservation plan; submission of plan to and approval of Secretary; considerations governing approval; amount of assistance
(1)
The Secretary may grant Federal financial assistance pursuant to this section for the purpose of assisting such State in the development of any such energy conservation plan or in the implementation or modification of a State energy conservation plan or part thereof which has been submitted to and approved by the Secretary pursuant to this part.
(2)
In determining whether to approve a State energy conservation plan submitted under section 6322(b) or (e) of this title, the Secretary—
(A)
shall take into account the impact of local economic, climatic, geographic, and other unique conditions and requirements of such State on the opportunity to conserve and to improve efficiency in the use of energy in such State; and
(B)
may extend the period of time during which a State energy conservation feasibility report or State energy conservation plan may be submitted if the Secretary determines that participation by the State submitting such report or plan is likely to result in significant progress toward achieving the purposes of this chapter.
No such plan shall be disapproved without notice and an opportunity to present views.
(3)
In determining the amount of Federal financial assistance to be provided to any State under this subsection, the Secretary shall consider—
(A)
the contribution to energy conservation which can reasonably be expected,
(B)
the number of people affected by such plan, and
(C)
the consistency of such plan with the purposes of this chapter, and such other factors as the Secretary deems appropriate.
(c)
Records
(d)
Assistance as supplementing and not supplanting State and local funds
(e)
State buildings energy efficiency improvements incentive fund
If the Secretary determines that a State has demonstrated a commitment to improving the energy efficiency of buildings within such State, the Secretary may, beginning in fiscal year 1994, provide up to $1,000,000 to such State for deposit into a revolving fund established by such State for the purpose of financing energy efficiency improvements in State and local government buildings. In making such determination the Secretary shall consider whether—
(1)
such State, or a majority of the units of local government with jurisdiction over building energy codes within such State, has adopted codes for energy efficiency in new buildings that are at least as stringent as American Society of Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1–1989 (with respect to commercial buildings) and Council of American Building Officials Model Energy Code, 1992 (with respect to residential buildings);
(2)
such State has established a program, including a revolving fund, to finance energy efficiency improvement projects in State and local government facilities and buildings; and
(3)
such State has obtained funding from non-Federal sources, including but not limited to, oil overcharge funds, State or local government appropriations, or utility contributions (including rebates) equal to or greater than three times the amount provided by the Secretary under this subsection for deposit into such revolving fund.
(Pub. L. 94–163, title III, § 363, Dec. 22, 1975, 89 Stat. 934; Pub. L. 94–385, title IV, § 432(b), (c), Aug. 14, 1976, 90 Stat. 1162; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101–440, § 3(b), Oct. 18, 1990, 104 Stat. 1007; Pub. L. 102–486, title I, § 141(a)(1), Oct. 24, 1992, 106 Stat. 2840; Pub. L. 117–58, div. D, title I, § 40108(c)(2), Nov. 15, 2021, 135 Stat. 944.)
cite as: 42 USC 6323