§17155 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Grantees must promise in writing that any workers on construction paid with the grant will get at least the local prevailing wage, as set by the Secretary of Labor under 40 U.S.C. 3141–3144, 3146, and 3147. The Secretary of Labor has the authority to enforce those wage rules under Reorganization Plan No. 14 of 1950 (5 U.S.C. 903 note) and 40 U.S.C. 3145. Within 1 year after getting a grant, a city, county, or Indian tribe must send the Secretary a plan for energy efficiency and conservation that states goals and explains how the grant will be used (see section 17154). They must consider nearby plans and coordinate with the State. The Secretary will approve or reject the plan within 120 days and must give reasons if rejecting it; applicants can revise and resubmit until approved. No grant money is given until the plan is approved. From their grant, an eligible unit may spend for administration the greater of 10% or $75,000; for revolving loan funds the greater of 20% or $250,000; and for subgrants to nonprofit groups the greater of 20% or $250,000. Within 2 years of getting funds, and each year after, the unit must report on the plan’s progress and, when possible, on energy savings. A State that gets a grant must use at least 60% of its funds to give subgrants to local governments that are not eligible units. Those subgrants must go out within 180 days after the Secretary approves the State’s energy plan. By no later than 120 days after December 19, 2007, each State had to update its State energy conservation plan with new efficiency goals and send a proposed State strategy that explains how subgrants will be provided and how funds will be used (see sections 17152(b) and 17154). The Secretary will approve or reject the State plan within 120 days and must give reasons for any rejection; the State can revise and resubmit until approved. A State may spend up to 10% of its grant on administrative costs. Each State must send an annual report on plan progress, subgrant status, the energy savings achieved in the prior year, and specific goals for coming years.

Title 42, §17155

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

(a)(1)To be eligible to receive a grant under the program, each eligible applicant shall submit to the Secretary a written assurance that all laborers and mechanics employed by any contractor or subcontractor of the eligible entity during any construction, alteration, or repair activity funded, in whole or in part, by the grant shall be paid wages at rates not less than the prevailing wages for similar construction activities in the locality, as determined by the Secretary of Labor, in accordance with sections 3141 through 3144, 3146, and 3147 of title 40.

(2)With respect to the labor standards referred to in paragraph (1), the Secretary of Labor shall have the authority and functions described in—

(A)Reorganization Plan Numbered 14 of 1950 (5 U.S.C. 903 note); 11 See References in Text note below. and

(B)section 3145 of title 40.

(b)(1)(A)Not later than 1 year after the date on which an eligible unit of local government or Indian tribe receives a grant under this part, the eligible unit of local government or Indian tribe shall submit to the Secretary a proposed energy efficiency and conservation strategy in accordance with this paragraph.

(B)The proposed strategy under subparagraph (A) shall include—

(i)a description of the goals of the eligible unit of local government or Indian tribe, in accordance with the purposes of this part, for increased energy efficiency and conservation in the jurisdiction of the eligible unit of local government or Indian tribe; and

(ii)a plan for the use of the grant to assist the eligible unit of local government or Indian tribe in achieving those goals, in accordance with section 17154 of this title.

(C)In developing the strategy under subparagraph (A), an eligible unit of local government shall—

(i)take into account any plans for the use of funds by adjacent eligible units of local governments that receive grants under the program; and

(ii)coordinate and share information with the State in which the eligible unit of local government is located regarding activities carried out using the grant to maximize the energy efficiency and conservation benefits under this part.

(2)(A)The Secretary shall approve or disapprove a proposed strategy under paragraph (1) by not later than 120 days after the date of submission of the proposed strategy.

(B)If the Secretary disapproves a proposed strategy under subparagraph (A)—

(i)the Secretary shall provide to the eligible unit of local government or Indian tribe the reasons for the disapproval; and

(ii)the eligible unit of local government or Indian tribe may revise and resubmit the proposed strategy as many times as necessary until the Secretary approves a proposed strategy.

(C)The Secretary shall not provide to an eligible unit of local government or Indian tribe any grant under the program until a proposed strategy of the eligible unit of local government or Indian tribe is approved by the Secretary under this paragraph.

(3)Of amounts provided to an eligible unit of local government or Indian tribe under the program, an eligible unit of local government or Indian tribe may use—

(A)for administrative expenses, excluding the cost of meeting the reporting requirements of this part, an amount equal to the greater of—

(i)10 percent; and 22 So in original. Probably should be “or”.

(ii)$75,000;

(B)for the establishment of revolving loan funds, an amount equal to the greater of—

(i)20 percent; and 2

(ii)$250,000; and

(C)for the provision of subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe, an amount equal to the greater of—

(i)20 percent; and 2

(ii)$250,000.

(4)Not later than 2 years after the date on which funds are initially provided to an eligible unit of local government or Indian tribe under the program, and annually thereafter, the eligible unit of local government or Indian tribe shall submit to the Secretary a report describing—

(A)the status of development and implementation of the energy efficiency and conservation strategy of the eligible unit of local government or Indian tribe; and

(B)as practicable, an assessment of energy efficiency gains within the jurisdiction of the eligible unit of local government or Indian tribe.

(c)(1)(A)A State that receives a grant under the program shall use not less than 60 percent of the amount received to provide subgrants to units of local government in the State that are not eligible units of local government.

(B)The State shall provide the subgrants required under subparagraph (A) by not later than 180 days after the date on which the Secretary approves a proposed energy efficiency and conservation strategy of the State under paragraph (3).

(2)Not later than 120 days after December 19, 2007, each State shall—

(A)modify the State energy conservation plan of the State under section 6322 of this title to establish additional goals for increased energy efficiency and conservation in the State; and

(B)submit to the Secretary a proposed energy efficiency and conservation strategy that—

(i)establishes a process for providing subgrants as required under paragraph (1); and

(ii)includes a plan of the State for the use of funds received under the program to assist the State in achieving the goals established under subparagraph (A), in accordance with section 17152(b) and 17154 of this title.

(3)(A)The Secretary shall approve or disapprove a proposed strategy under paragraph (2)(B) by not later than 120 days after the date of submission of the proposed strategy.

(B)If the Secretary disapproves a proposed strategy under subparagraph (A)—

(i)the Secretary shall provide to the State the reasons for the disapproval; and

(ii)the State may revise and resubmit the proposed strategy as many times as necessary until the Secretary approves a proposed strategy.

(C)The Secretary shall not provide to a State any grant under the program until a proposed strategy of the State is approved by the Secretary under this paragraph.

(4)A State may use not more than 10 percent of amounts provided under the program for administrative expenses.

(5)Each State that receives a grant under the program shall submit to the Secretary an annual report that describes—

(A)the status of development and implementation of the energy efficiency and conservation strategy of the State during the preceding calendar year;

(B)the status of the subgrant program of the State under paragraph (1);

(C)the energy efficiency gains achieved through the energy efficiency and conservation strategy of the State during the preceding calendar year; and

(D)specific energy efficiency and conservation goals of the State for subsequent calendar years.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a)(2)(A), is set out in the Appendix to Title 5, Government Organization and Employees. Section 903 of Title 5 relates to Presidential authority regarding reorganization plans.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

§17155 Requirements for Eligible Entities