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waste of such oil and to minimize environmental hazards associated with improper disposal.
[42 U.S.C. 6363]
PART G-ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND
SEC. 391. For the purposes of this part
(1) The term "building" means any structure the construction of which was completed on or before April 20, 1977, which includes a heating or cooling system, or both.
(2) The term "energy conservation measure" means an installation or modification of an installation in a building which is primarily intended to reduce energy consumption or allow the use of an alternative energy source, including, but not limited to
(A) insulation of the building structure and systems within the building;
(B) storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications.
(C) automatic energy control systems;
(D) equipment required to operate variable steam, hydraulic, and ventilating systems adjusted by automatic energy control systems;
(E) solar space heating or cooling systems, solar electric generating systems, or any combination thereof;
(F) solar water heating systems;
(G) furnace or utility plant and distribution system modifications including
(i) replacement burners, furnaces, boilers, or any combination thereof, which substantially increases the energy efficiency of the heating system,
(ii) devices for modifying flue openings which will increase the energy efficiency of the heating system,
(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights, and
(iv) utility plant system conversion measures including conversion of existing oil- and gas-fired boiler installations to alternative energy sources, including coal; (H) caulking and weatherstripping;
(I) replacement or modification of lighting fixtures which replacement or modification increases the energy efficiency of the lighting system without increasing the overall illumination of a facility (unless such increase in illumination is necessary to conform to any applicable State or local building code or, if no such code applies, the increase is considered appropriate by the Secretary);
(J) energy recovery systems;
(K) cogeneration systems which produce steam or forms of energy such as heat, as well as electricity for use primarily within a building or a complex of buildings owned by a school
or hospital and which meet such fuel efficiency requirements as the Secretary may by rule prescribe;
(L) such other measures as the Secretary identifies by rule for purposes of this part; and
(M) such other measures as a grant applicant shows will save a substantial amount of energy and as are identified in an energy audit prescribed pursuant to section 365(e)(2). (3) The term "hospital" means a public or nonprofit institution which is―
(A) a general hospital, tuberculosis hospital, or any other type of hospital, other than a hospital furnishing primarily domiciliary care; and
(B) duly authorized to provide hospital services under the laws of the State in which it is situated.
(4) The term "hospital facilities" means buildings housing a hospital and related facilities, including laboratories, outpatient departments, nurses' home and training facilities and central service facilities operated in connection with a hospital, and also includes buildings housing education or training facilities for health professions personnel operated as an integral part of a hospital.
(5) The term "public or nonprofit institution" means an institution owned and operated by
(A) a State, a political subdivision of a State or an agency or instrumentality of either, or
(B) an organization exempt from income tax under section 501(c)(3) of the Internal Revenue Code of 1954. (6) The term "school" means a public or nonprofit institution which
(A) provides, and is legally authorized to provide, elementary education or secondary education, or both, on a day or residential basis;
(B)(i) provides, and is legally authorized to provide a program of education beyond secondary education, on a day or residential basis;
(ii) admits as students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate;
(iii) is accredited by a nationally recognized accrediting agency or association; and
(iv) provides an educational program for which it awards a bachelor's degree or higher degree or provides not less than a two-year program which is acceptable for full credit toward such a degree at any institution which meets the requirements of clauses (i), (ii), and (iii) and which provides such a program;
(C) provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provisions of clauses (i), (ii), and (iii) of subparagraph (B); or
(D) is a local educational agency.
(7) The term "local education agency" means a public board of education or other public authority or a nonprofit institution legally constituted within, or otherwise recognized by, a State for either
administrative control or direction of, or to perform administrative services for, a group of schools within a State.
(8) The term "school facilities" means buildings housing classrooms, laboratories, dormitories, athletic facilities, or related facilities operated in connection with a school.
(9) The term "State" means, in addition to the several States of the Union, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
(10) The term "State energy agency" means the State agency responsible for developing State energy conservation plans pursuant to section 362 of this Act, or, if no such agency exists, a State agency designated by the Governor of such State to prepare and submit a State plan under section 394 of this part.
(11) The term "State school facilities agency" means an existing agency which is broadly representative of public institutions of higher education, nonprofit institutions of higher education, public elementary and secondary schools, nonprofit elementary and secondary schools, public vocational education institutions, nonprofit vocational education institutions, and the interests of handicapped persons, in a State or, if no such agency exists, an agency which is designated by the Governor of such State which conforms to the requirements of this paragraph.
(12) The term "State hospital facilities agency" means an existing agency which is broadly representative of the public hospitals and the nonprofit hospitals, or, if no such agency exists, an agency designated by the Governor of such State which conforms to the requirements of this paragraph.
(13) The term "energy audit" means a determination of the energy consumption characteristics of a building which
(A) identifies the type, size, and rate of energy consumption of such buidling and the major energy using systems of such building;
(B) determines appropriate energy conservation maintenance and operating procedures; and
(C) indicates the need, if any, for the acquisition and installation of energy conservation measures.
(14) The term "preliminary energy audit" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption and major energy-using systems of such building.
(15) The term "energy conservation project" means
(A) an undertaking to acquire and to install one or more energy conservation measures in school or hospital facilities and
(B) technical assistance in connection with any such undertaking and technical assistance as described in paragraph (17)(A).
(16) The term "energy conservation project costs" includes only costs incurred in the design, acquisition, construction, and installation of energy conservation measures and technical assistance costs.
(17) The term "technical assistance" means assistance, under rules promulgated by the Secretary, to States, schools, and hospitals
(A) to conduct specialized studies identifying and specifying energy savings and related cost savings that are likely to be realized as a result of (i) modification of maintenance and operating procedures in a building, or (ii) the acquisition and installation of one or more specified energy conservation measures in such building, or (iii) both, and
(B) the planning or administration of specific remodeling, renovation, repair, replacement, or insulation projects related to the installation of energy conservation measures in such building.
(18) The term "technical assistance costs" means costs incurred for the use of existing personnel or the temporary employment of other qualifed personnel (or both such types of personnel) necessary for providing technical assistance.
(19) The term "energy conservation maintenance and operating procedure" means modification or modifications in the maintenance and operations of a building, and any installations therein, which are designed to reduce energy consumption in such building and which require no significant expenditure of funds.
(20) The term "Secretary" means the Secretary of Energy or his designee.
(21) The term "Governor" means the chief executive officer of a State or his designee.
[42 U.S.C. 6371]
Sec. 392. (a) the Secretary shall, by rule, not later than 60 days after the date of enactment of this part
(1) prescribe guidelines for the conduct of preliminary energy audits, including a description of the type, number, and distribution of preliminary energy audits of school and hospital facilities that will provide a reasonably accurate evaluation of the energy conservation needs of all such facilities in each State, and
(2) prescribe guidelines for the conduct of energy audits. (b) The Secretary shall, by rule, not later than 90 days after the date of enactment of this part, prescribe guidelines for State plans for the implementation of energy conservation projects in shcools and hospitals. The guidelines shall include
(1) a description of the factors which the State energy agency may consider in determining which energy conservation projects will be given priority in making grants pursuant to this part, including such factors as cost, energy consumption, energy savings, and energy conservation goals,
(2) a description of the suggested criteria to be used in establishing a State program to identify persons qualifed to implement energy conservation projects, and
(3) a description of the types of energy conservation measures deemed appropriate for each region of the Nation.
(c) Guidelines prescribed under this section may be revised from time to time after notice and opportunity for comment.
(d) The Secretary shall, by rule prescribe criteria for determining schools and hospitals which are in a class of severe hardship. Such criteria shall take into account climate, fuel costs, fuel availability, ability to provide the non-Federal share of the costs, and such other factors that he deems appropriate.
[42 U.S.C. 6371a]
PRELIMINARY ENERGY AUDITS AND ENERGY AUDITS
SEC. 393. (a) The Governor of any State may apply to the Secretary at such time as the Secretary may specify after promulgation of guidelines under section 392(a) for grants to conduct preliminary energy audits and energy audits of school facilities and hospital facilities in such State under this part.
(b) Upon application under subsection (a) the Secretary may make grants to States for purposes of conducting preliminary energy audits of school facilities and hospital facilities under this part in accordance with the guidelines prescribed under section 392(a)(1). If a State does not conduct preliminary energy audits within two years after the date of the enactment of this part, the Secretary may conduct such audits within such State.
(c) Upon application under subsection (a) the Secretary may make grants to States for purposes of conducting energy audits of school facilities and hospital facilities under this part in accordance with the guidelines prescribed under section 392(a)(2).
(d) If a State without the use of financial assistance under this section, conducts preliminary energy audits or energy audits which comply with the guidelines prescribed by the Secretary or which are approved by the Secretary the funds allocated for purposes of this section shall be added to the funds available for energy conservation projects for such State and shall be in addition to amounts otherwise available for such purposes.
(e)(1) Except as provided in paragraph (2) amounts made available under this section (together with any other amounts made available from other Federal sources) may not be used to pay more than 50 percent of the costs of any preliminary energy audit or any energy audit.
(2) Upon the request of the Governor, the Secretary may make grants to a State for up to 100 percent of the costs of any preliminary energy audits and energy audits, subject to the requirements of section 398(a)(3).
[42 U.S.C. 6371b]
SEC. 394. (a) 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 392, 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 392(a)(1), and an estimate of the energy savings that may result from