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§ 6323. Federal assistance to States | |
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(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—
(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. (c) Records
Each recipient of Federal financial assistance under
subsection (b) of this section shall keep such records as the Secretary
shall require, including records which fully disclose the amount and
disposition by each recipient of the proceeds of such assistance, the
total cost of the plan, program, projects, measures, or systems for which
such assistance was given or used, the source and amount of funds for such
plan, program, projects, measures, or systems not supplied by the
Secretary, and such other records as the Secretary determines necessary to
facilitate an effective audit and performance evaluation. The Secretary
and Comptroller General of the United States, or any of their duly
authorized representatives, shall have access for the purpose of audit and
examination, at reasonable times and under reasonable conditions, to any
pertinent books, documents, papers, and records of any recipient of
Federal assistance under this part. (d) Assistance as supplementing and not supplanting State
and local funds
Each State receiving Federal financial assistance
pursuant to this section shall provide reasonable assurance to the
Secretary that it has established policies and procedures designed to
assure that Federal financial assistance under this part and under part E
of this subchapter will be used to supplement, and not to supplant, State
and local funds, and to the extent practicable, to increase the amount of
such funds that otherwise would be available, in the absence of such
Federal financial assistance, for those programs set forth in the State
energy conservation plan approved pursuant to subsection (b) of this
section. (e) Energy emergency planning program as prerequisite to
assistance
(1)
Effective October 1, 1991, to be eligible for Federal
financial assistance pursuant to this section, a State shall submit to the
Secretary, as a supplement to its energy conservation plan, an energy
emergency planning program for an energy supply disruption, as designed by
the State consistent with applicable Federal and State law. The
contingency plan provided for by the program shall include an
implementation strategy or strategies (including regional coordination)
for dealing with energy emergencies. The submission of such plan shall be
for informational purposes only and without any requirement of approval by
the Secretary.
(f) 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.
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