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U.S. Code as of:
01/19/04
Section 1701z-8. Energy conservation and renewable-resource demonstration
(a) National demonstration program; purpose
The Secretary shall undertake a national demonstration program
designed to test the feasibility and effectiveness of various forms
of financial assistance for encouraging the installation or
implementation of approved energy conservation measures and
approved renewable-resource energy measures in existing dwelling
units. The Secretary shall carry out such demonstration program
with a view toward recommending a national program or programs
designed to reduce significantly the consumption of energy in
existing dwelling units.
(b) Financial assistance to owners and tenants of dwelling units;
authorization of Secretary
The Secretary is authorized to make financial assistance
available pursuant to this section in the form of grants,
low-interest-rate loans, interest subsidies, loan guarantees, and
such other forms of assistance as the Secretary deems appropriate
to carry out the purposes of this section. Assistance may be made
available to both owners of dwelling units and tenants occupying
such units.
(c) Duties of Secretary
In carrying out the demonstration program required by this
section, the Secretary shall -
(1) provide assistance in a wide variety of geographic areas to
reflect differences in climate, types of dwelling units, and
income levels of recipients in order to provide a national
profile for use in designing a program which is to be operational
and effective nationwide;
(2) evaluate the appropriateness of various financial
incentives for different income levels of owners and occupants of
existing dwelling units;
(3) take into account and evaluate any other financial
assistance which may be available for the installation or
implementation of energy conservation and renewable-resource
energy measures;
(4) make use of such State and local instrumentalities or other
public or private entities as may be appropriate in carrying out
the purposes of this section in coordination with the provisions
of part C of title III of the Energy Policy and Conservation Act
[42 U.S.C. 6321 et seq.];
(5) consider, with respect to various forms of assistance and
procedures for their application, (A) the extent to which energy
conservation measures and renewable-resource energy measures are
encouraged which would otherwise not have been undertaken, (B)
the minimum amount of Federal subsidy necessary to achieve the
objectives of a national program, (C) the costs of administering
the assistance, (D) the extent to which the assistance may be
encumbered by delays, redtape, and uncertainty as to its
availability with respect to any particular applicant, (E) the
factors which may prevent the assistance from being available in
certain areas or for certain classes of persons, and (F) the
extent to which fraudulent practices can be prevented; and
(6) consult with the Administrator, the Secretary of Housing
and Urban Development, and the heads of such other Federal
agencies as may be appropriate.
(d) Limitations on grants; modification and exceptions to
limitation; eligibility
(1) The amount of any grant made pursuant to this section shall
not exceed the lesser of -
(A) with respect to an approved energy conservation measure,
(i) $400, or (ii) 20 per centum of the cost of installing or
otherwise implementing such measure; and
(B) with respect to an approved renewable-resource energy
measure, (i) $2,000, or (ii) 25 per centum of the cost of
installing or otherwise implementing such measure.
The Secretary may, by rule, increase such percentages and amounts
in the case of an applicant whose annual gross family income for
the preceding taxable year is less than the median family income
for the housing market area in which the dwelling unit which is to
be modified by such measure is located, as determined by the
Secretary. The Secretary may also modify the limitations specified
in this paragraph if necessary in order to achieve the purposes of
this section.
(2) No person shall be eligible for both financial assistance
under this section and a credit against income tax for the same
energy conservation measure or renewable-resource energy measure.
(e) Conditions upon availability of financial assistance
The Secretary may condition the availability of financial
assistance with respect to the installation and implementation of
any renewable-resource energy measure on such measure's meeting
performance standards for reliability and efficiency and such
certification procedures as the Secretary may, in consultation with
the Administrator, the Secretary of Housing and Urban Development,
and other appropriate Federal agencies, prescribe for the purpose
of protecting consumers.
(f) Implementation of program
In carrying out the demonstration program required by this
section, the Secretary is authorized to delegate responsibilities
to, or to contract with, other Federal agencies or with such State
or local instrumentalities or other public or private bodies as the
Secretary may deem desirable. Such demonstration program shall be
coordinated, to the extent practicable, with the State energy
conservation plans as described in, and implemented pursuant to,
part C of title III of the Energy Policy and Conservation Act [42
U.S.C. 6321 et seq.].
(g) Interim and final reports on program progress, findings, and
legislative recommendations; criteria for evaluation of projects
The Secretary shall submit an interim report to the Congress not
later than 6 months after August 14, 1976, (and every 6 months
thereafter until the final report is made under this subsection)
indicating the progress made in carrying out the demonstration
program required by this section and shall submit a final report to
the Congress, containing findings and legislative recommendations,
not later than 2 years after August 14, 1976. As part of each
report made under this subsection, the Secretary shall include an
evaluation, based on the criteria described in subsection (h) of
this section, of each demonstration project conducted under this
section.
(h) Report on evaluation criteria to be used and results sought
prior to funding of projects
Prior to undertaking any demonstration project under this
section, the Secretary shall specify and report to the Congress the
criteria by which the Secretary will evaluate the effectiveness of
the project and the results to be sought.
(i) Definitions
As used in this section:
(1) The term "Administrator" means the Administrator of the
Federal Energy Administration; except that after such
Administration ceases to exist, such term means any officer of
the United States designated by the President for purposes of
this section.
(2) The term "approved", with respect to an energy conservation
measure or a renewable-resource energy measure, means any such
measure which is included on a list of such measures which is
published by the Administrator of the Federal Energy
Administration pursuant to section 365(e)(1) of the Energy Policy
and Conservation Act [42 U.S.C. 6325(e)(1)]. The Administrator
may, by rule, require that an energy audit be conducted as a
condition of obtaining assistance under this section for a
renewable-resource energy measure.
(3) The terms "energy audit", "energy conservation measure",
and "renewable-resource energy measure" have the meanings
prescribed for such terms in section 366 of the Energy Policy and
Conservation Act [42 U.S.C. 6326].
(j) Authorization of appropriations
There is authorized to be appropriated, for purposes of this
section, not to exceed $200,000,000. Any amount appropriated
pursuant to this subsection shall remain available until expended.
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