§6372 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines key words used in the part. The words hospital, State, school, Governor, State energy agency, energy conservation measure, energy conservation maintenance and operating procedure, preliminary energy audit, technical assistance costs, energy audit, and Secretary get their meanings from section 6371. A "unit of local government" means a county, city, or township below the State (using the Census rules) and the District of Columbia, and it also includes a tribe’s recognized governing body if it carries out major government functions (see section 6862). "Building" means the term in 6371 but only when the building is owned and mainly used by local government offices or a public care institution; it excludes seasonal buildings and buildings mainly used by schools or hospitals. A "public care institution" is a public or nonprofit owner of long‑term care, rehab, or public health facilities (see 300s–3) or a residential child care center. "Public or nonprofit institution" means one run by a State or its subdivisions or by an organization exempt under 26 U.S.C. 501(c)(3) or 501(c)(4). "Technical assistance program costs" are the costs to run such a program. "Technical assistance" means help, under rules made by the Secretary, to States, local governments, and public care institutions to do or plan studies that identify likely energy and cost savings from changes in operations, from installing energy measures, or both.

Title 42, §6372

The Public Health and Welfare — Source: USLM XML via OLRC

For purposes of this part—

(1)The terms “hospital”, “State”, “school”, “Governor”, “State energy agency”, “energy conservation measure”, “energy conservation maintenance and operating procedure”, “preliminary energy audit”, “technical assistance costs”, “energy audit” and “Secretary” have the meanings provided in section 6371 of this title.

(2)The term “unit of local government” means the government of a county, municipality, or township, which is a unit of general purpose government below the State (determined on the basis of the same principles as are used by the Bureau of the Census for general statistical purposes) and the District of Columbia. Such term also means the recognized governing body of an Indian tribe (as defined in section 6862 of this title) which governing body performs substantial governmental functions.

(3)The term “building” has the meaning provided in section 6371 of this title except that for purposes of this part such term includes only buildings which are owned and primarily occupied by offices or agencies of a unit of local government or by a public care institution and does not include any building intended for seasonal use or any building utilized primarily by a school or hospital.

(4)The term “public care institution” means a public or nonprofit institution which owns—

(A)a facility for long term care, a rehabilitation facility, or a public health center, as described in section 300s–3 of this title, or

(B)a residential child care center.

(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) or 501(c)(4) of title 26.

(6)The term “technical assistance program costs” means the costs of carrying out a technical assistance program.

(7)The term “technical assistance” means assistance under rules, promulgated by the Secretary, to States, units of local government and public care institutions—

(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 or maintenance and operating procedures in a building, (ii) the acquisition and installation of one or more specified energy conservation measures in such building or (iii) both, or

(B)the planning or administration of such specialized studies.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Par. (5)(B). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

SeparabilityFor separability of provisions of title III of Pub. L. 95–619, see section 302(c) of Pub. L. 95–619, set out as a note under section 6371 of this title. Congressional Statement of Findings and Purposes Pub. L. 95–619, title III, § 310, Nov. 9, 1978, 92 Stat. 3248, provided that: “(a) Findings.—The Congress finds that—“(1) the Nation’s nonrenewable energy resources are being rapidly depleted; “(2) buildings owned by units of local government and public care institutions are major consumers of energy, and such units and institutions have been especially burdened by rising energy prices and fuel shortages; “(3) substantial energy conservation can be achieved in buildings owned by units of local government and public care institutions through the implementation of energy conservation maintenance and operating procedures; and “(4) units of local government and public care institutions in many instances need financial assistance in order to conduct energy audits and to identify energy conservation maintenance and operating procedures and to evaluate the potential benefits of acquiring and installing energy conservation measures. “(b) Purpose.—It is the purpose of this part [part 2 (§§ 310–312) of title III of Pub. L. 95–619, enacting section 6371j and 6372 to 6372i of this title] to authorize grants to States and units of local government and public care institutions to assist them in conducting preliminary energy audits and energy audits in identifying and implementing energy conservation maintenance and operating procedures and in evaluating energy conservation measures to reduce the energy use and anticipated energy costs of buildings owned by units of local government and public care institutions.” Application of section 3141–3144, 3146, and 3147 of Title 40For application of section 3141–3144, 3146, and 3147 of title 40 to grants made by the Secretary under this part, see section 6371j of this title.

§6372 Definitions