42 U.S.C. § 6321 — Findings; purpose; definitions

Page 6777 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6321 tity for the replacement of a qualified energy ineffi- cient transformer with a qualified energy efficient transformer. ‘‘(c) REQUIREMENTS.—To be eligible to receive a re- bate under this section, an entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence— ‘‘(1) that the entity purchased a qualified energy ef- ficient transformer; ‘‘(2) of the core loss value of the qualified energy ef- ficient transformer; ‘‘(3) of the age of the qualified energy inefficient transformer being replaced; ‘‘(4) of the core loss value of the qualified energy in- efficient transformer being replaced— ‘‘(A) as measured by a qualified professional or verified by the equipment manufacturer, as applica- ble; or ‘‘(B) for transformers described in subsection (a)(2)(B)(i), as selected from a table of default val- ues as determined by the Secretary in consultation with applicable industry; and ‘‘(5) that the qualified energy inefficient trans- former has been permanently decommissioned and scrapped. ‘‘(d) AUTHORIZED AMOUNT OF REBATE.—The amount of a rebate provided under this section shall be— ‘‘(1) for a 3-phase or single-phase transformer with a capacity of not less than 10 and not greater than 2,500 kilovolt-amperes, twice the amount equal to the difference in Watts between the core loss value (as measured in accordance with paragraphs (2) and (4) of subsection (c)) of— ‘‘(A) the qualified energy inefficient transformer; and ‘‘(B) the qualified energy efficient transformer; or ‘‘(2) for a transformer described in subsection (a)(2)(B)(i), the amount determined using a table of default rebate values by rated transformer output, as measured in kilovolt-amperes, as determined by the Secretary in consultation with applicable industry. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 and 2023. ‘‘(f) TERMINATION OF EFFECTIVENESS.—The authority provided by this section terminates on December 31, 2023.’’ STUDY OF UTILITY DISTRIBUTION TRANSFORMERS; REPORT TO CONGRESS Pub. L. 102–486, title I, § 124(c), Oct. 24, 1992, 106 Stat. 2833, directed the Secretary to evaluate the practica- bility, cost-effectiveness, and potential energy savings of replacing or upgrading utility distribution trans- formers during routine maintenance and, not later than 18 months after Oct. 24, 1992, report the findings of the evaluation to Congress with recommendations. PART B—STATE ENERGY CONSERVATION PLANS Editorial Notes CODIFICATION This part, originally designated part C and subse- quently redesignated part D by Pub. L. 95–619, title IV, § 441(a), Nov. 9, 1978, 92 Stat. 3267, was changed to part B for purposes of codification. § 6321. Findings; purpose; definitions (a) Findings Congress finds that— (1) the development and implementation by States of laws, policies, programs, and proce- dures to conserve and to improve efficiency in the use of energy will have an immediate and substantial effect in reducing the rate of growth of energy demand and in minimizing the adverse social, economic, political, and en- vironmental impacts of increasing energy con- sumption; (2) the development and implementation of energy conservation programs by States will most efficiently and effectively minimize any adverse economic or employment impacts of changing patterns of energy use and meet local economic, climatic, geographic, and other unique conditions and requirements of each State; and (3) the Federal Government has a responsi- bility to foster and promote comprehensive energy conservation programs and practices by establishing guidelines for such programs and providing overall coordination, technical assistance, and financial support for specific State initiatives in energy conservation. (b) Purpose It is the purpose of this part to promote the conservation of energy and reduce the rate of growth of energy demand by authorizing the Secretary to establish procedures and guidelines for the development and implementation of spe- cific State energy conservation programs and to provide Federal financial and technical assist- ance to States in support of such programs. (c) Definitions In this part: (1) Appliance The term ‘‘appliance’’ means any article, such as a room air-conditioner, refrigerator- freezer, or dishwasher, which the Secretary classifies as an appliance for purposes of this part. (2) Building The term ‘‘building’’ means any structure which includes provision for a heating or cool- ing system, or both, or for a hot water system. (3) Energy audit The term ‘‘energy audit’’ means any process which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of par- ticular energy conservation measures or re- newable-resource energy measures and which— (A) is carried out in accordance with rules of the Secretary; and (B) imposes— (i) no direct costs, with respect to indi- viduals who are occupants of dwelling units in any State having a supplemental State energy conservation plan; and (ii) only reasonable costs, as determined by the Secretary, with respect to any per- son not described in clause (i). Rules referred to in subparagraph (A) may in- clude minimum qualifications for, and provi- sions with respect to conflicts of interest of, persons carrying out such energy audits. (4) Energy conservation measure The term ‘‘energy conservation measure’’ means a measure which modifies any building, building system, energy consuming device as- sociated with the building, or industrial plant, Page 6778 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6322 the construction of which has been completed prior to May 1, 1989, if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 6325(e)(1) of this title, to be likely to maintain or im- prove the efficiency of energy use and to re- duce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Secretary) in an amount sufficient to enable a person to re- cover the total cost of purchasing and install- ing such measure (without regard to any tax benefit or Federal financial assistance applica- ble thereto) within the period of— (A) the useful life of the modification in- volved, as determined by the Secretary, or (B) 15 years after the purchase and instal- lation of such measure, whichever is less. Such term does not include (i) the purchase or installation of any appli- ance, (ii) any conversion from one fuel or source of energy to another which is of a type which the Secretary, by rule, determines is in- eligible on the basis that such type of conver- sion is inconsistent with national policy with respect to energy conservation or reduction of imports of fuels, or (iii) any measure, or type of measure, which the Secretary determines does not have as its primary purpose an im- provement in efficiency of energy use. (5) Industrial plant The term ‘‘industrial plant’’ means any fixed equipment or facility which is used in connec- tion with, or as part of, any process or system for industrial production or output. (6) Public building The term ‘‘public building’’ means any building which is open to the public during normal business hours. (7) Renewable-resource energy measure The term ‘‘renewable-resource energy meas- ure’’ means a measure which modifies any building or industrial plant, the construction of which has been completed prior to August 14, 1976, if such measure has been determined by means of an energy audit or by the Sec- retary, by rule under section 6325(e)(1) of this title, to— (A) involve changing, in whole or in part, the fuel or source of the energy used to meet the requirements of such building or plant from a depletable source of energy to a non- depletable source of energy; and (B) be likely to reduce energy costs (as cal- culated on the basis of energy costs reason- ably projected over time, as determined by the Secretary) in an amount sufficient to en- able a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Fed- eral financial assistance applicable thereto) within the period of— (i) the useful life of the modification in- volved, as determined by the Secretary, or (ii) 25 years after the purchase and in- stallation of such measure, whichever is less. Such term does not include the purchase or in- stallation of any appliance. (8) Transportation controls The term ‘‘transportation controls’’ means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, re- strictions, and requirements, which is de- signed to reduce the amount of energy con- sumed in transportation, except that the term does not include rationing of gasoline or diesel fuel. (Pub. L. 94–163, title III, § 361, Dec. 22, 1975, 89 Stat. 932; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 117–58, div. D, title I, § 40108(a)(1), (3), Nov. 15, 2021, 135 Stat. 941, 942.) Editorial Notes CODIFICATION Pars. (1) to (8) of section 6326 of this title, which were transferred to subsec. (c) of this section by Pub. L. 117–58, div. D, title I, § 40108(a)(3), Nov. 15, 2021, 135 Stat. 942, were based on Pub. L. 94–163, title III, § 366, Dec. 22, 1975, 89 Stat. 935; Pub. L. 94–385, title IV, § 431, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101–440, § 2(b), Oct. 18, 1990, 104 Stat. 1006; Pub. L. 117–58, div. D, title I, § 40108(a)(2), Nov. 15, 2021, 135 Stat. 941. AMENDMENTS 2021—Pub. L. 117–58, § 40108(a)(1)(A), substituted ‘‘Findings; purpose; definitions’’ for ‘‘Congressional findings and declaration of purpose’’ in section catch- line and, in subsec. (a), inserted heading and sub- stituted ‘‘Congress’’ for ‘‘The Congress’’ in introduc- tory provisions. Subsec. (b). Pub. L. 117–58, § 40108(a)(1)(B), inserted heading. Subsec. (c). Pub. L. 117–58, § 40108(a)(1)(C), added sub- sec. (c). Subsec. (c)(1) to (8). Pub. L. 117–58, § 40108(a)(3), trans- ferred pars. (1) to (8) of section 6326 of this title to sub- sec. (c) of this section. See Codification note above. 1978—Subsec. (b). Pub. L. 95–619 substituted ‘‘Sec- retary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. REPORT ON COORDINATION OF ENERGY CONSERVATION PROGRAMS Pub. L. 95–619, title VI, § 623, Nov. 9, 1978, 92 Stat. 3283, provided that not later than 6 months after Nov. 9, 1978, the Secretary of Energy submit a report on the coordi- nation of Federal energy conservation programs involv- ing State and local government. § 6322. State energy conservation plans (a) Feasibility reports The Secretary shall, by rule, within 60 days after December 22, 1975, prescribe guidelines for the preparation of a State energy conservation feasibility report. The Secretary shall invite the Governor of each State to submit, within 3 months after the effective date of such guide- lines, such a report. Such report shall include— (1) an assessment of the feasibility of estab- lishing a State energy conservation goal,