---
kind: "section"
citation: "42 U.S.C. § 17155"
title: "42"
title_heading: "The Public Health and Welfare"
number: "17155"
heading: "Requirements for eligible entities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/17155"
units:
  - "Chapter 152 — Energy Independence and Security"
  - "Subchapter IV — Energy Savings in Government and Public Institutions"
  - "Part C — Energy Efficiency and Conservation Block Grants"
---

# §17155. Requirements for eligible entities

- (a) **Construction requirement—**
  - (1) **In general—** To be eligible to receive a grant under the [program](/usc/42/17151.md?p=5), each eligible applicant shall submit to the [Secretary](/usc/42/17001.md?p=3) a written assurance that all laborers and mechanics employed by any contractor or subcontractor of the [eligible entity](/usc/42/17151.md?p=1) during any [construction](/usc/42/300s–3.md?p=7), 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](/usc/42/300s–3.md?p=7) activities in the locality, as determined by the [Secretary](/usc/42/17001.md?p=3) 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)](#a-1), the [Secretary](/usc/42/17001.md?p=3) of Labor shall have the authority and functions described in—
    - (A) Reorganization Plan Numbered 14 of 1950 ([5 U.S.C. 903](/usc/5/903.md) note);[^1] and
    - (B) [section 3145 of title 40](/usc/40/3145.md).
- (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](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) receives a grant under this part, the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) shall submit to the [Secretary](/usc/42/17001.md?p=3) a proposed energy efficiency and conservation strategy in accordance with this paragraph.
    - (B) **Inclusions—** The proposed strategy under [subparagraph (A)](#b-1-A) shall include—
      - (i) a description of the goals of the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4), in accordance with the purposes of this part, for increased energy efficiency and conservation in the jurisdiction of the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4); and
      - (ii) a plan for the use of the grant to assist the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) in achieving those goals, in accordance with [section 17154 of this title](/usc/42/17154.md).
    - (C) **Requirements for eligible units of local government—** In developing the strategy under [subparagraph (A)](#b-1-A), an [eligible unit of local government](/usc/42/17151.md?p=2) 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](/usc/42/17151.md?p=5); and
      - (ii) coordinate and share information with the [State](/usc/42/17151.md?p=6) in which the [eligible unit of local government](/usc/42/17151.md?p=2) 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](/usc/42/17001.md?p=3) shall approve or disapprove a proposed strategy under [paragraph (1)](#b-1) by not later than 120 days after the date of submission of the proposed strategy.
    - (B) **Disapproval—** If the [Secretary](/usc/42/17001.md?p=3) disapproves a proposed strategy under [subparagraph (A)](#b-2-A)—
      - (i) the [Secretary](/usc/42/17001.md?p=3) shall provide to the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) the reasons for the disapproval; and
      - (ii) the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) may revise and resubmit the proposed strategy as many times as necessary until the [Secretary](/usc/42/17001.md?p=3) approves a proposed strategy.
    - (C) **Requirement—** The [Secretary](/usc/42/17001.md?p=3) shall not provide to an [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) any grant under the [program](/usc/42/17151.md?p=5) until a proposed strategy of the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) is approved by the [Secretary](/usc/42/17001.md?p=3) under this paragraph.
  - (3) **Limitations on use of funds—** Of amounts provided to an [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) under the [program](/usc/42/17151.md?p=5), an [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) 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[^2]
      - (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](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4), 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](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) under the [program](/usc/42/17151.md?p=5), and annually thereafter, the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4) shall submit to the [Secretary](/usc/42/17001.md?p=3) a report describing—
    - (A) the status of development and implementation of the energy efficiency and conservation strategy of the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4); and
    - (B) as practicable, an assessment of energy efficiency gains within the jurisdiction of the [eligible unit of local government](/usc/42/17151.md?p=2) or [Indian tribe](/usc/42/17151.md?p=4).
- (c) **States—**
  - (1) **Distribution of funds—**
    - (A) **In general—** A [State](/usc/42/17151.md?p=6) that receives a grant under the [program](/usc/42/17151.md?p=5) shall use not less than 60 percent of the amount received to provide subgrants to units of local government in the [State](/usc/42/17151.md?p=6) that are not eligible units of local government.
    - (B) **Deadline—** The [State](/usc/42/17151.md?p=6) shall provide the subgrants required under [subparagraph (A)](#c-1-A) by not later than 180 days after the date on which the [Secretary](/usc/42/17001.md?p=3) approves a proposed energy efficiency and conservation strategy of the [State](/usc/42/17151.md?p=6) under [paragraph (3)](#c-3).
  - (2) **Revision of conservation plan; proposed strategy—** Not later than 120 days after December 19, 2007, each [State](/usc/42/17151.md?p=6) shall—
    - (A) modify the [State](/usc/42/17151.md?p=6) energy conservation plan of the [State](/usc/42/17151.md?p=6) under [section 6322 of this title](/usc/42/6322.md) to establish additional goals for increased energy efficiency and conservation in the [State](/usc/42/17151.md?p=6); and
    - (B) submit to the [Secretary](/usc/42/17001.md?p=3) a proposed energy efficiency and conservation strategy that—
      - (i) establishes a process for providing subgrants as required under [paragraph (1)](#c-1); and
      - (ii) includes a plan of the [State](/usc/42/17151.md?p=6) for the use of funds received under the [program](/usc/42/17151.md?p=5) to assist the [State](/usc/42/17151.md?p=6) in achieving the goals established under [subparagraph (A)](#c-2-A), in accordance with sections [17152(b)](/usc/42/17152.md?p=b) and [17154](/usc/42/17154.md) of this title.
  - (3) **Approval by Secretary—**
    - (A) **In general—** The [Secretary](/usc/42/17001.md?p=3) shall approve or disapprove a proposed strategy under [paragraph (2)(B)](#c-2-B) by not later than 120 days after the date of submission of the proposed strategy.
    - (B) **Disapproval—** If the [Secretary](/usc/42/17001.md?p=3) disapproves a proposed strategy under [subparagraph (A)](#c-3-A)—
      - (i) the [Secretary](/usc/42/17001.md?p=3) shall provide to the [State](/usc/42/17151.md?p=6) the reasons for the disapproval; and
      - (ii) the [State](/usc/42/17151.md?p=6) may revise and resubmit the proposed strategy as many times as necessary until the [Secretary](/usc/42/17001.md?p=3) approves a proposed strategy.
    - (C) **Requirement—** The [Secretary](/usc/42/17001.md?p=3) shall not provide to a [State](/usc/42/17151.md?p=6) any grant under the [program](/usc/42/17151.md?p=5) until a proposed strategy of the [State](/usc/42/17151.md?p=6) is approved by the [Secretary](/usc/42/17001.md?p=3) under this paragraph.
  - (4) **Limitations on use of funds—** A [State](/usc/42/17151.md?p=6) may use not more than 10 percent of amounts provided under the [program](/usc/42/17151.md?p=5) for administrative expenses.
  - (5) **Annual reports—** Each [State](/usc/42/17151.md?p=6) that receives a grant under the [program](/usc/42/17151.md?p=5) shall submit to the [Secretary](/usc/42/17001.md?p=3) an annual report that describes—
    - (A) the status of development and implementation of the energy efficiency and conservation strategy of the [State](/usc/42/17151.md?p=6) during the preceding calendar year;
    - (B) the status of the subgrant [program](/usc/42/17151.md?p=5) of the [State](/usc/42/17151.md?p=6) under [paragraph (1)](#c-1);
    - (C) the energy efficiency gains achieved through the energy efficiency and conservation strategy of the [State](/usc/42/17151.md?p=6) during the preceding calendar year; and
    - (D) specific energy efficiency and conservation goals of the [State](/usc/42/17151.md?p=6) for subsequent calendar years.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Probably should be “or”.

## Source credit

(Pub. L. 110–140, title V, § 545, Dec. 19, 2007, 121 Stat. 1670.)

## Notes

### 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.