§ 1701z-8. — Energy conservation and renewableresource demonstration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1701z-8]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
Sec. 1701z-8. Energy conservation and renewable-resource
demonstration
(a) National demonstration program; purpose
The Secretary shall undertake a national demonstration program
designed to test the feasibility and effectiveness of various forms of
financial assistance for encouraging the installation or implementation
of approved energy conservation measures and approved renewable-resource
energy measures in existing dwelling units. The Secretary shall carry
out such demonstration program with a view toward recommending a
national program or programs designed to reduce significantly the
consumption of energy in existing dwelling units.
(b) Financial assistance to owners and tenants of dwelling units;
authorization of Secretary
The Secretary is authorized to make financial assistance available
pursuant to this section in the form of grants, low-interest-rate loans,
interest subsidies, loan guarantees, and such other forms of assistance
as the Secretary deems appropriate to carry out the purposes of this
section. Assistance may be made available to both owners of dwelling
units and tenants occupying such units.
(c) Duties of Secretary
In carrying out the demonstration program required by this section,
the Secretary shall--
(1) provide assistance in a wide variety of geographic areas to
reflect differences in climate, types of dwelling units, and income
levels of recipients in order to provide a national profile for use
in designing a program which is to be operational and effective
nationwide;
(2) evaluate the appropriateness of various financial incentives
for different income levels of owners and occupants of existing
dwelling units;
(3) take into account and evaluate any other financial
assistance which may be available for the installation or
implementation of energy conservation and renewable-resource energy
measures;
(4) make use of such State and local instrumentalities or other
public or private entities as may be appropriate in carrying out the
purposes of this section in coordination with the provisions of part
C of title III of the Energy Policy and Conservation Act [42 U.S.C.
6321 et seq.];
(5) consider, with respect to various forms of assistance and
procedures for their application, (A) the extent to which energy
conservation measures and renewable-resource energy measures are
encouraged which would otherwise not have been undertaken, (B) the
minimum amount of Federal subsidy necessary to achieve the
objectives of a national program, (C) the costs of administering the
assistance, (D) the extent to which the assistance may be encumbered
by delays, redtape, and uncertainty as to its availability with
respect to any particular applicant, (E) the factors which may
prevent the assistance from being available in certain areas or for
certain classes of persons, and (F) the extent to which fraudulent
practices can be prevented; and
(6) consult with the Administrator, the Secretary of Housing and
Urban Development, and the heads of such other Federal agencies as
may be appropriate.
(d) Limitations on grants; modification and exceptions to limitation;
eligibility
(1) The amount of any grant made pursuant to this section shall not
exceed the lesser of--
(A) with respect to an approved energy conservation measure, (i)
$400, or (ii) 20 per centum of the cost of installing or otherwise
implementing such measure; and
(B) with respect to an approved renewable-resource energy
measure, (i) $2,000, or (ii) 25 per centum of the cost of installing
or otherwise implementing such measure.
The Secretary may, by rule, increase such percentages and amounts in the
case of an applicant whose annual gross family income for the preceding
taxable year is less than the median family income for the housing
market area in which the dwelling unit which is to be modified by such
measure is located, as determined by the Secretary. The Secretary may
also modify the limitations specified in this paragraph if necessary in
order to achieve the purposes of this section.
(2) No person shall be eligible for both financial assistance under
this section and a credit against income tax for the same energy
conservation measure or renewable-resource energy measure.
(e) Conditions upon availability of financial assistance
The Secretary may condition the availability of financial assistance
with respect to the installation and implementation of any renewable-
resource energy measure on such measure's meeting performance standards
for reliability and efficiency and such certification procedures as the
Secretary may, in consultation with the Administrator, the Secretary of
Housing and Urban Development, and other appropriate Federal agencies,
prescribe for the purpose of protecting consumers.
(f) Implementation of program
In carrying out the demonstration program required by this section,
the Secretary is authorized to delegate responsibilities to, or to
contract with, other Federal agencies or with such State or local
instrumentalities or other public or private bodies as the Secretary may
deem desirable. Such demonstration program shall be coordinated, to the
extent practicable, with the State energy conservation plans as
described in, and implemented pursuant to, part C of title III of the
Energy Policy and Conservation Act [42 U.S.C. 6321 et seq.].
(g) Interim and final reports on program progress, findings, and
legislative recommendations; criteria for evaluation of projects
The Secretary shall submit an interim report to the Congress not
later than 6 months after August 14, 1976, (and every 6 months
thereafter until the final report is made under this subsection)
indicating the progress made in carrying out the demonstration program
required by this section and shall submit a final report to the
Congress, containing findings and legislative recommendations, not later
than 2 years after August 14, 1976. As part of each report made under
this subsection, the Secretary shall include an evaluation, based on the
criteria described in subsection (h) of this section, of each
demonstration project conducted under this section.
(h) Report on evaluation criteria to be used and results sought prior to
funding of projects
Prior to undertaking any demonstration project under this section,
the Secretary shall specify and report to the Congress the criteria by
which the Secretary will evaluate the effectiveness of the project and
the results to be sought.
(i) Definitions
As used in this section:
(1) The term ``Administrator'' means the Administrator of the
Federal Energy Administration; except that after such Administration
ceases to exist, such term means any officer of the United States
designated by the President for purposes of this section.
(2) The term ``approved'', with respect to an energy
conservation measure or a renewable-resource energy measure, means
any such measure which is included on a list of such measures which
is published by the Administrator of the Federal Energy
Administration pursuant to section 365(e)(1) of the Energy Policy
and Conservation Act [42 U.S.C. 6325(e)(1)]. The Administrator may,
by rule, require that an energy audit be conducted as a condition of
obtaining assistance under this section for a renewable-resource
energy measure.
(3) The terms ``energy audit'', ``energy conservation measure'',
and ``renewable-resource energy measure'' have the meanings
prescribed for such terms in section 366 of the Energy Policy and
Conservation Act [42 U.S.C. 6326].
(j) Authorization of appropriations
There is authorized to be appropriated, for purposes of this
section, not to exceed $200,000,000. Any amount appropriated pursuant to
this subsection shall remain available until expended.
(Pub. L. 91-609, title V, Sec. 509, as added Pub. L. 94-385, title IV,
Sec. 441, Aug. 14, 1976, 90 Stat. 1162; amended Pub. L. 95-91, title
VII, Sec. 709(d), Aug. 4, 1977, 91 Stat. 608.)
References in Text
The Energy Policy and Conservation Act, referred to in subsecs.
(c)(4) and (f), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as
amended. Part C of title III of such act is classified generally to part
B (Sec. 6321 et seq.) of subchapter III of chapter 77 of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 6201 of Title 42
and Tables.
Codification
Section was enacted as part of the Housing and Urban Development Act
of 1970, and not as part of the National Housing Act which comprises
this chapter.
Amendments
1977--Subsecs. (c)(6), (e). Pub. L. 95-91 inserted ``, the Secretary
of Housing and Urban Development,'' after ``the Administrator''.
Transfer of Functions
Functions vested in Secretary of Housing and Urban Development under
this section transferred to Secretary of Energy by section 7154(b) of
Title 42, The Public Health and Welfare.
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42.
Section Referred to in Other Sections
This section is referred to in section 1701z-2 of this title; title
42 sections 6325, 7154.
