--- kind: "section" citation: "42 U.S.C. § 6371c" title: "42" title_heading: "The Public Health and Welfare" number: "6371c" heading: "State plans" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/6371c" units: - "Chapter 77 — Energy Conservation" - "Subchapter III — Improving Energy Efficiency" - "Part E — Energy Conservation Program for Schools and Hospitals" --- # §6371c. State plans - (a) **Invitation to State energy agency to submit plan; contents—** The [Secretary](/usc/42/6202.md?p=1) shall invite the [State energy agency](/usc/42/6371.md?p=10) of each [State](/usc/42/6202.md?p=4) to submit, within 90 days after the effective date of the guidelines prescribed pursuant to [section 6371a of this title](/usc/42/6371a.md), or such longer period as the [Secretary](/usc/42/6202.md?p=1) may, for good cause, allow, a [State](/usc/42/6202.md?p=4) plan under this section for such [State](/usc/42/6202.md?p=4). Such plan shall include— - (1) the results of [preliminary energy audits](/usc/42/6371.md?p=14) conducted in accordance with the guidelines prescribed under [section 6371a(a)(1) of this title](/usc/42/6371a.md?p=a-1), and an estimate of the [energy](/usc/42/6291.md?p=3) savings that may result from the modification of maintenance and operating procedures and installation of [energy conservation measures](/usc/42/8262.md?p=5) in the [schools](/usc/42/6371.md?p=6) and [hospitals](/usc/42/6371.md?p=3) in such [State](/usc/42/6202.md?p=4); - (2) a recommendation as to the types of [energy conservation projects](/usc/42/6371.md?p=15) considered appropriate for [schools](/usc/42/6371.md?p=6) and [hospitals](/usc/42/6371.md?p=3) in such [State](/usc/42/6202.md?p=4), together with an estimate of the costs of carrying out such [projects](/usc/42/6341.md?p=4) in each year for which funds are appropriated; - (3) a program for identifying [persons](/usc/42/6202.md?p=2) qualified to carry out [energy conservation projects](/usc/42/6371.md?p=15); - (4) procedures to insure that funds will be allocated among eligible applicants for [energy conservation projects](/usc/42/6371.md?p=15) within such [State](/usc/42/6202.md?p=4), including procedures— - (A) to insure that funds will be allocated on the basis of relative need taking into account such factors as cost, [energy](/usc/42/6291.md?p=3) consumption and [energy](/usc/42/6291.md?p=3) savings, and - (B) to insure that equitable consideration is given to all eligible [public or nonprofit institutions](/usc/42/6371.md?p=5) regardless of size and type of ownership; - (5) a statement of the extent to which, and by which methods, such [State](/usc/42/6202.md?p=4) will encourage utilization of solar space heating, cooling, and electric systems and solar water heating systems where appropriate; - (6) procedures to assure that all assistance under this part in such [State](/usc/42/6202.md?p=4) will be expended in compliance with the requirements of an approved [State](/usc/42/6202.md?p=4) plan for such [State](/usc/42/6202.md?p=4), and in compliance with the requirements of this part; - (7) procedures to insure implementation of [energy](/usc/42/6291.md?p=3) conserving maintenance and operating procedures in those facilities for which proj­ects are proposed; and - (8) policies and procedures designed to assure that financial assistance provided under this part in such [State](/usc/42/6202.md?p=4) will be used to supplement, and not to supplant, [State](/usc/42/6202.md?p=4), local, or other funds. - (b) **Approval of plans—** The [Secretary](/usc/42/6202.md?p=1) shall review and approve or disapprove each [State](/usc/42/6202.md?p=4) plan not later than 60 days after receipt by the [Secretary](/usc/42/6202.md?p=1). If such plan meets the requirements of [subsection (a)](#a), the [Secretary](/usc/42/6202.md?p=1) shall approve the plan. If a [State](/usc/42/6202.md?p=4) plan submitted within the 90-day period specified in [subsection (a)](#a) has not been disapproved within the 60-day period following its receipt by the [Secretary](/usc/42/6202.md?p=1), such plan shall be treated as approved by the [Secretary](/usc/42/6202.md?p=1). A [State energy agency](/usc/42/6371.md?p=10) may submit a new or amended plan at any time after the submission of the original plan if the [agency](/usc/42/8262.md?p=1) obtains the consent of the [Secretary](/usc/42/6202.md?p=1). - (c) **Development and implementation of approved plans; submission of proposed State plan—** - (1) If a [State](/usc/42/6202.md?p=4) plan has not been approved under this section within 2 years and 90 days after November 9, 1978, or within 90 days after the completion of the preliminary audits under [section 6371b(a) of this title](/usc/42/6371b.md?p=a), whichever is later, the [Secretary](/usc/42/6202.md?p=1) may take such action as necessary to develop and implement such a [State](/usc/42/6202.md?p=4) plan and to carry out the functions which would otherwise be carried out under this part by the [State energy agency](/usc/42/6371.md?p=10), [State school facilities agency](/usc/42/6371.md?p=11), and [State hospital facilities agency](/usc/42/6371.md?p=12), in order that the [energy](/usc/42/6291.md?p=3) conservation program for [schools](/usc/42/6371.md?p=6) and [hospitals](/usc/42/6371.md?p=3) may be implemented in such [State](/usc/42/6202.md?p=4). - (2) Notwithstanding any other provision contained in this section, a [State](/usc/42/6202.md?p=4) may, at any time, submit a proposed [State](/usc/42/6202.md?p=4) plan for such [State](/usc/42/6202.md?p=4) under this section. The [Secretary](/usc/42/6202.md?p=1) shall approve or disapprove such plan not later than 60 days after receipt by the [Secretary](/usc/42/6202.md?p=1). If such plan meets the requirements of [subsection (a)](#a) and is not inconsistent with any plan developed and implemented by the [Secretary](/usc/42/6202.md?p=1) under [paragraph (1)](#c-1), the [Secretary](/usc/42/6202.md?p=1) shall approve the plan and withdraw any such plan developed and implemented by the [Secretary](/usc/42/6202.md?p=1). ## Source credit (Pub. L. 94–163, title III, § 394, as added Pub. L. 95–619, title III, § 302(a), Nov. 9, 1978, 92 Stat. 3243; amended Pub. L. 105–388, § 5(a)(10), Nov. 13, 1998, 112 Stat. 3478.) ## Notes ### Editorial Notes ### Amendments 1998—Subsec. (a)(1). Pub. L. 105–388, § 5(a)(10)(A), substituted semicolon for comma at end. Subsec. (a)(2). Pub. L. 105–388, § 5(a)(10)(B), substituted semicolon for period at end. Subsec. (a)(3), (5). Pub. L. 105–388, § 5(a)(10)(A), substituted semicolon for comma at end. Subsec. (a)(6). Pub. L. 105–388, § 5(a)(10)(C), substituted semicolon for colon at end.