42 U.S.C. § 17155: Requirements for eligible…

Summary

Grantees must promise that any workers on construction, change, or repair projects paid with these funds will receive at least the local prevailing wage set by the Secretary of Labor under the federal wage laws. The Department of Labor has the authority to enforce those wage rules. Local governments and Indian tribes that get a grant must send a plan within 1 year showing their energy-saving goals and how they will use the grant to reach them. Local governments should consider nearby communities’ plans and share information with their State. The Secretary has 120 days to say yes or no to a plan. If the plan is rejected, the Secretary must explain why and the grantee can change and resubmit it. No grant money will be given until the Secretary approves the plan. From their grant, a local government or tribe may use for administration the greater of 10 percent or $75,000; for revolving loan funds the greater of 20 percent or $250,000; and for subgrants to nonprofits the greater of 20 percent or $250,000. Within 2 years of first getting funds, and every year after, the grantee must report on its plan’s progress and, when possible, estimate energy savings. States that get grants must give at least 60 percent of the money to local units that are not already eligible. Those subgrants must be awarded within 180 days after the State’s plan is approved. By 120 days after December 19, 2007, each State had to update its energy plan and send a new strategy that shows how it will run the subgrant program and use the funds. The Secretary has 120 days to accept or reject a State strategy, and a State cannot get grant money until its plan is accepted. States may spend up to 10 percent of their grant on administration and must file an annual report on plan progress, the subgrant program, energy savings, and future goals.

Title 42, §17155

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

(a)Construction requirement

(1)In general

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)Secretary of Labor

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

(B)section 3145 of title 40.

(b)Eligible units of local government and Indian tribes

(1)Proposed strategy

(A)In general

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)Inclusions

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)Requirements for eligible units of local government

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)Approval by Secretary

(A)In general

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)Disapproval

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)Requirement

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)Limitations on use of funds

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

(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)Annual report

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)States

(1)Distribution of funds

(A)In general

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)Deadline

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)Revision of conservation plan; proposed strategy

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)Approval by Secretary

(A)In general

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)Disapproval

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)Requirement

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)Limitations on use of funds

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

(5)Annual reports

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

Summary

Title 42, §17155

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata