---
kind: "section"
citation: "42 U.S.C. § 6321"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6321"
heading: "Findings; purpose; definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6321"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter III — Improving Energy Efficiency"
  - "Part B — State Energy Conservation Plans"
---

# §6321. Findings; purpose; definitions

- (a) **Findings—** Congress finds that—
  - (1) the development and implementation by [States](/usc/42/6202.md?p=4) of laws, policies, programs, and procedures to conserve and to improve [efficiency](/usc/42/6311.md?p=13-H) in the use of [energy](/usc/42/6291.md?p=3) will have an immediate and substantial effect in reducing the rate of growth of [energy](/usc/42/6291.md?p=3) demand and in minimizing the adverse social, economic, political, and environmental impacts of increasing [energy](/usc/42/6291.md?p=3) consumption;
  - (2) the development and implementation of [energy](/usc/42/6291.md?p=3) conservation programs by [States](/usc/42/6202.md?p=4) will most efficiently and effectively minimize any adverse economic or employment impacts of changing patterns of [energy use](/usc/42/6291.md?p=4) and meet local economic, climatic, geographic, and other unique conditions and requirements of each [State](/usc/42/6202.md?p=4); and
  - (3) the Federal Government has a responsibility to foster and promote comprehensive [energy](/usc/42/6291.md?p=3) conservation programs and [practices](/usc/42/17061.md?p=19) by establishing guidelines for such programs and providing overall coordination, [technical assistance](/usc/42/6371.md?p=17), and financial support for specific [State](/usc/42/6202.md?p=4) initiatives in [energy](/usc/42/6291.md?p=3) conservation.
- (b) **Purpose—** It is the purpose of this part to promote the conservation of [energy](/usc/42/6291.md?p=3) and reduce the rate of growth of [energy](/usc/42/6291.md?p=3) demand by authorizing the [Secretary](/usc/42/6202.md?p=1) to establish procedures and guidelines for the development and implementation of specific [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation programs and to provide Federal financial and [technical assistance](/usc/42/6371.md?p=17) to [States](/usc/42/6202.md?p=4) in support of such programs.
- (c) **Definitions—** In this part:
  - (1) **Appliance—** The term “appliance” means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the [Secretary](/usc/42/6202.md?p=1) classifies as an appliance for purposes of this part.
  - (2) **Building—** The term “building” means any structure which includes provision for a heating or cooling system, or both, or for a hot water system.
  - (3) **Energy audit—** The term “energy audit” means any process which identifies and specifies the [energy](/usc/42/6291.md?p=3) and cost savings which are likely to be realized through the purchase and installation of particular [energy conservation measures](/usc/42/8262.md?p=5) or [renewable-resource energy measures](#c-7) and which—
    - (A) is carried out in accordance with rules of the [Secretary](/usc/42/6202.md?p=1); and
    - (B) imposes—
      - (i) no direct costs, with respect to individuals who are occupants of dwelling units in any [State](/usc/42/6202.md?p=4) having a supplemental [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan; and
      - (ii) only reasonable costs, as determined by the [Secretary](/usc/42/6202.md?p=1), with respect to any [person](/usc/42/6202.md?p=2) not described in [clause (i)](#c-3-B-i).

    Rules referred to in [subparagraph (A)](#c-3-A) may include minimum qualifications for, and provisions with respect to conflicts of interest of, [persons](/usc/42/6202.md?p=2) carrying out such energy audits.

  - (4) **Energy conservation measure—** The term “energy conservation measure” means a measure which modifies any [building](#c-2), [building](#c-2) system, [energy](/usc/42/6291.md?p=3) consuming device associated with the [building](#c-2), or [industrial plant](#c-5), the [construction](/usc/42/300s–3.md?p=7) of which has been completed prior to May 1, 1989, if such measure has been determined by means of an [energy audit](#c-3) or by the [Secretary](/usc/42/6202.md?p=1), by rule under [section 6325(e)(1) of this title](/usc/42/6325.md?p=e-1), to be likely to maintain or improve the [efficiency](/usc/42/6311.md?p=13-H) of [energy use](/usc/42/6291.md?p=4) and to reduce [energy](/usc/42/6291.md?p=3) costs (as calculated on the basis of [energy](/usc/42/6291.md?p=3) costs reasonably projected over time, as determined by the [Secretary](/usc/42/6202.md?p=1)) in an amount sufficient to enable a [person](/usc/42/6202.md?p=2) to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of—
    - (A) the useful [life](/usc/42/6291.md?p=30-P) of the modification involved, as determined by the [Secretary](/usc/42/6202.md?p=1), or
    - (B) 15 years after the purchase and installation of such measure,

    whichever is less. Such term does not include (i) the purchase or installation of any [appliance](#c-1), (ii) any conversion from one fuel or source of [energy](/usc/42/6291.md?p=3) to another which is of a type which the [Secretary](/usc/42/6202.md?p=1), by rule, determines is ineligible on the basis that such type of conversion is inconsistent with national policy with respect to [energy](/usc/42/6291.md?p=3) conservation or reduction of [imports](/usc/42/6291.md?p=11) of fuels, or (iii) any measure, or type of measure, which the [Secretary](/usc/42/6202.md?p=1) determines does not have as its primary purpose an improvement in [efficiency](/usc/42/6311.md?p=13-H) of [energy use](/usc/42/6291.md?p=4).

  - (5) **Industrial plant—** The term “industrial plant” means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output.
  - (6) **Public building—** The term “public building” means any [building](#c-2) which is open to the public during normal business hours.
  - (7) **Renewable-resource energy measure—** The term “renewable-resource energy measure” means a measure which modifies any [building](#c-2) or [industrial plant](#c-5), the [construction](/usc/42/300s–3.md?p=7) of which has been completed prior to August 14, 1976, if such measure has been determined by means of an [energy audit](#c-3) or by the [Secretary](/usc/42/6202.md?p=1), by rule under [section 6325(e)(1) of this title](/usc/42/6325.md?p=e-1), to—
    - (A) involve changing, in whole or in part, the fuel or source of the energy used to meet the requirements of such [building](#c-2) or plant from a depletable source of [energy](/usc/42/6291.md?p=3) to a nondepletable source of [energy](/usc/42/6291.md?p=3); and
    - (B) be likely to reduce [energy](/usc/42/6291.md?p=3) costs (as calculated on the basis of [energy](/usc/42/6291.md?p=3) costs reasonably projected over time, as determined by the [Secretary](/usc/42/6202.md?p=1)) in an amount sufficient to enable a [person](/usc/42/6202.md?p=2) to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of—
      - (i) the useful [life](/usc/42/6291.md?p=30-P) of the modification involved, as determined by the [Secretary](/usc/42/6202.md?p=1), or
      - (ii) 25 years after the purchase and installation of such measure,

      whichever is less.

    Such term does not include the purchase or installation of any [appliance](#c-1).

  - (8) **Transportation controls—** The term “transportation controls” means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, restrictions, and requirements, which is designed to reduce the amount of [energy](/usc/42/6291.md?p=3) consumed in transportation, except that the term does not include rationing of gasoline or diesel fuel.

## Source credit

(Pub. L. 94–163, title III, § 361, Dec. 22, 1975, 89 Stat. 932; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 117–58, div. D, title I, § 40108(a)(1), (3), Nov. 15, 2021, 135 Stat. 941, 942.)

## Notes

### Editorial Notes

### Codification

Pars. (1) to (8) of section 6326 of this title, which were transferred to subsec. (c) of this section by Pub. L. 117–58, div. D, title I, § 40108(a)(3), Nov. 15, 2021, 135 Stat. 942, were based on Pub. L. 94–163, title III, § 366, Dec. 22, 1975, 89 Stat. 935; Pub. L. 94–385, title IV, § 431, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101–440, § 2(b), Oct. 18, 1990, 104 Stat. 1006; Pub. L. 117–58, div. D, title I, § 40108(a)(2), Nov. 15, 2021, 135 Stat. 941.

### Amendments

2021—Pub. L. 117–58, § 40108(a)(1)(A), substituted “Findings; purpose; definitions” for “Congressional findings and declaration of purpose” in section catchline and, in subsec. (a), inserted heading and substituted “Congress” for “The Congress” in introductory provisions.

Subsec. (b). Pub. L. 117–58, § 40108(a)(1)(B), inserted heading.

Subsec. (c). Pub. L. 117–58, § 40108(a)(1)(C), added subsec. (c).

Subsec. (c)(1) to (8). Pub. L. 117–58, § 40108(a)(3), transferred pars. (1) to (8) of section 6326 of this title to subsec. (c) of this section. See Codification note above.

1978—Subsec. (b). Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.

### Statutory Notes and Related Subsidiaries

### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.

### Report on Coordination of Energy Conservation Programs

Pub. L. 95–619, title VI, § 623, Nov. 9, 1978, 92 Stat. 3283, provided that not later than 6 months after Nov. 9, 1978, the Secretary of Energy submit a report on the coordination of Federal energy conservation programs involving State and local government.