---
kind: "section"
citation: "42 U.S.C. § 6322"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6322"
heading: "State energy conservation plans"
release: "119-102"
url: "https://uscodex.org/usc/42/6322"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter III — Improving Energy Efficiency"
  - "Part B — State Energy Conservation Plans"
---

# §6322. State energy conservation plans

- (a) **Feasibility reports—** The [Secretary](/usc/42/6202.md?p=1) shall, by rule, within 60 days after December 22, 1975, prescribe guidelines for the preparation of a [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation feasibility report. The [Secretary](/usc/42/6202.md?p=1) shall invite the [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/6202.md?p=4) to submit, within 3 months after the effective date of such guidelines, such a report. Such report shall include—
  - (1) an assessment of the feasibility of establishing a [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation goal, which goal shall consist of a reduction, as a result of the implementation of the [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan described in this section, of 5 percent or more in the total amount of [energy](/usc/42/6291.md?p=3) consumed in such [State](/usc/42/6202.md?p=4) in the year 1980 from the projected [energy](/usc/42/6291.md?p=3) consumption for such [State](/usc/42/6202.md?p=4) in the year 1980, and
  - (2) a proposal by such [State](/usc/42/6202.md?p=4) for the development of a [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan to achieve such goal.
- (b) **Guidelines—** The [Secretary](/usc/42/6202.md?p=1) shall, by rule, within 6 months after December 22, 1975, prescribe guidelines with respect to measures required to be included in, and guidelines for the development, [modification](/usc/42/7501.md?p=4), and funding of, [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plans. The [Secretary](/usc/42/6202.md?p=1) shall invite the [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/6202.md?p=4) to submit, within 5 months after the effective date of such guidelines, a report. Such report shall include—
  - (1) a proposed [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan designed to result in scheduled progress toward, and achievement of, the [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation goal of such [State](/usc/42/6202.md?p=4); and
  - (2) a detailed description of the requirements, including the estimated cost of implementation and the estimated [energy](/usc/42/6291.md?p=3) savings, associated with each functional [category](/usc/42/1395w–4.md?p=j-1) of [energy](/usc/42/6291.md?p=3) conservation included in the [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan.
- (c) **Mandatory features of plans—** Each proposed [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan to be eligible for Federal assistance under this part shall include—
  - (1) mandatory lighting efficiency [standards](/usc/42/1320d.md?p=7) for [public buildings](/usc/42/6321.md?p=c-6) (except [public buildings](/usc/42/6321.md?p=c-6) owned or leased by the [United States](/usc/42/6202.md?p=5));
  - (2) [programs](/usc/42/274l–1.md?p=4) to promote the availability and use of carpools, vanpools, and public transportation (except that no Federal [funds](/usc/42/12854.md?p=3) provided under this part shall be used for subsidizing fares for public transportation);
  - (3) mandatory [standards](/usc/42/1320d.md?p=7) and policies relating to [energy efficiency](/usc/42/6291.md?p=5) to govern the procurement [practices](/usc/42/17061.md?p=19) of such [State](/usc/42/6202.md?p=4) and its political subdivisions;
  - (4) mandatory thermal efficiency [standards](/usc/42/1320d.md?p=7) and insulation requirements for new and renovated [buildings](/usc/42/6321.md?p=c-2) (except [buildings](/usc/42/6321.md?p=c-2) owned or leased by the [United States](/usc/42/6202.md?p=5));
  - (5) a traffic law or regulation which, to the maximum extent practicable consistent with safety, permits the operator of a [motor vehicle](/usc/42/13211.md?p=13) to turn such vehicle right at a red stop light after stopping and to turn such vehicle left from a one-way street onto a one-way street at a red light after stopping;
  - (6) procedures for ensuring effective coordination among various local, [State](/usc/42/6202.md?p=4), and Federal [energy](/usc/42/6291.md?p=3) conservation [programs](/usc/42/274l–1.md?p=4) within the [State](/usc/42/6202.md?p=4), including any [program](/usc/42/274l–1.md?p=4) administered within the [Office](/usc/42/3058f.md?p=1) of Technical and Financial Assistance of the Department of [Energy](/usc/42/6291.md?p=3) and the [Low Income](/usc/42/701.md?p=b-2) Home [Energy](/usc/42/6291.md?p=3) Assistance [Program](/usc/42/274l–1.md?p=4) administered by the Department of Health and Human Services; and
  - (7) the mandatory conduct of activities to support transmission and distribution planning, including—
    - (A) support for [local governments](/usc/42/8401a.md) and [Indian Tribes](/usc/42/300f.md?p=14);
    - (B) feasibility studies for transmission line routes and alternatives;
    - (C) preparation of necessary [project](/usc/42/11360.md?p=20) design and permits; and
    - (D) outreach to affected stakeholders.
- (d) **Optional features of plans—** Each proposed [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan may include—
  - (1) restrictions governing the hours and conditions of operation of [public buildings](/usc/42/6321.md?p=c-6) (except [buildings](/usc/42/6321.md?p=c-2) owned or leased by the [United States](/usc/42/6202.md?p=5));
  - (2) restrictions on the use of decorative or nonessential lighting;
  - (3) [programs](/usc/42/274l–1.md?p=4) to increase transportation [energy efficiency](/usc/42/6291.md?p=5), including [programs](/usc/42/274l–1.md?p=4) to help reduce carbon emissions in the transportation sector by 2050 and accelerate the use of alternative transportation fuels for, and the electrification of, [State](/usc/42/6202.md?p=4) government vehicles, fleet vehicles, taxis and ridesharing services, mass transit, [school](/usc/42/6372.md?p=1) buses, ferries, and privately owned passenger and medium- and heavy-duty vehicles;
  - (4) [programs](/usc/42/274l–1.md?p=4) of public education to promote [energy](/usc/42/6291.md?p=3) conservation;
  - (5) [programs](/usc/42/274l–1.md?p=4) for financing [energy efficiency](/usc/42/6291.md?p=5) and [renewable energy](/usc/42/15852.md?p=b-2) capital investments, [projects](/usc/42/11360.md?p=20), and [programs](/usc/42/274l–1.md?p=4)—
    - (A) which may include loan [programs](/usc/42/274l–1.md?p=4) and performance contracting [programs](/usc/42/274l–1.md?p=4) for leveraging of additional public and private sector [funds](/usc/42/12854.md?p=3), and [programs](/usc/42/274l–1.md?p=4) which allow rebates, grants, or other incentives for the purchase and installation of [energy efficiency](/usc/42/6291.md?p=5) and [renewable energy](/usc/42/15852.md?p=b-2) measures; or
    - (B) in addition to or in lieu of [programs](/usc/42/274l–1.md?p=4) described in [subparagraph (A)](#d-5-A), which may be used in connection with public or nonprofit [buildings](/usc/42/6321.md?p=c-2) owned and operated by a [State](/usc/42/6202.md?p=4), a political subdivision of a [State](/usc/42/6202.md?p=4) or an agency or instrumentality of a [State](/usc/42/6202.md?p=4), or an organization exempt from taxation under [section 501(c)(3) of title 26](/usc/26/501.md?p=c-3);
  - (6) [programs](/usc/42/274l–1.md?p=4) for encouraging and for carrying out [energy audits](/usc/42/6321.md?p=c-3) with respect to [buildings](/usc/42/6321.md?p=c-2) and industrial [facilities](/usc/42/11049.md?p=4) (including industrial processes) within the [State](/usc/42/6202.md?p=4);
  - (7) [programs](/usc/42/274l–1.md?p=4) to promote the adoption of integrated [energy](/usc/42/6291.md?p=3) plans which provide for—
    - (A) periodic evaluation of a [State](/usc/42/6202.md?p=4)’s [energy](/usc/42/6291.md?p=3) needs, available [energy](/usc/42/6291.md?p=3) resources (including greater [energy efficiency](/usc/42/6291.md?p=5)), and [energy](/usc/42/6291.md?p=3) costs; and
    - (B) utilization of adequate and reliable [energy](/usc/42/6291.md?p=3) supplies, including greater [energy efficiency](/usc/42/6291.md?p=5), that meet applicable safety, environmental, and policy requirements at the lowest cost;
  - (8) [programs](/usc/42/274l–1.md?p=4) to promote [energy efficiency](/usc/42/6291.md?p=5) in residential [housing](/usc/42/1490p–2.md?p=r-3), such as—
    - (A) [programs](/usc/42/274l–1.md?p=4) for development and promotion of [energy efficiency](/usc/42/6291.md?p=5) rating systems for newly constructed [housing](/usc/42/1490p–2.md?p=r-3) and existing [housing](/usc/42/1490p–2.md?p=r-3) so that consumers can compare the [energy efficiency](/usc/42/6291.md?p=5) of different [housing](/usc/42/1490p–2.md?p=r-3); and
    - (B) [programs](/usc/42/274l–1.md?p=4) for the adoption of incentives for builders, utilities, and mortgage lenders to build, service, or finance [energy](/usc/42/6291.md?p=3) efficient [housing](/usc/42/1490p–2.md?p=r-3);
  - (9) [programs](/usc/42/274l–1.md?p=4) to identify unfair or deceptive acts or [practices](/usc/42/17061.md?p=19) which relate to the implementation of [energy efficiency](/usc/42/6291.md?p=5) measures and renewable resource [energy](/usc/42/6291.md?p=3) measures and to educate consumers concerning such acts or [practices](/usc/42/17061.md?p=19);
  - (10) [programs](/usc/42/274l–1.md?p=4) to modify patterns of [energy](/usc/42/6291.md?p=3) consumption so as to reduce peak demands for [energy](/usc/42/6291.md?p=3) and improve the efficiency of [energy](/usc/42/6291.md?p=3) supply systems, including electricity supply systems;
  - (11) [programs](/usc/42/274l–1.md?p=4) to promote [energy efficiency](/usc/42/6291.md?p=5) as an integral component of economic development planning conducted by [State](/usc/42/6202.md?p=4), local, or other governmental entities or by [energy](/usc/42/6291.md?p=3) utilities;
  - (12) in accordance with [subsection (f)(2)](#f-2), [programs](/usc/42/274l–1.md?p=4) to implement the [Energy](/usc/42/6291.md?p=3) Technology Commercialization Services [Program](/usc/42/274l–1.md?p=4);
  - (13) [programs](/usc/42/274l–1.md?p=4) (enlisting appropriate trade and professional organizations in the development and financing of such [programs](/usc/42/274l–1.md?p=4)) to provide [training](/usc/42/285e–2.md?p=b-2) and education (including, if appropriate, [training](/usc/42/285e–2.md?p=b-2) workshops, practice manuals, and testing for each area of [energy efficiency](/usc/42/6291.md?p=5) technology) to [building](/usc/42/6321.md?p=c-2) designers and contractors involved in [building](/usc/42/6321.md?p=c-2) design and [construction](/usc/42/7479.md?p=2-C) or in the sale, installation, and maintenance of [energy](/usc/42/6291.md?p=3) systems and equipment to promote [building](/usc/42/6321.md?p=c-2) [energy efficiency](/usc/42/6291.md?p=5) improvements;
  - (14) [programs](/usc/42/274l–1.md?p=4) for the development of [building](/usc/42/6321.md?p=c-2) retrofit [standards](/usc/42/1320d.md?p=7) and regulations, including retrofit ordinances enforced at the time of the sale of a [building](/usc/42/6321.md?p=c-2);
  - (15) support for prefeasibility and feasibility studies for [projects](/usc/42/11360.md?p=20) that utilize [renewable energy](/usc/42/15852.md?p=b-2) and [energy efficiency](/usc/42/6291.md?p=5) resource technologies in order to facilitate access to capital and credit for such [projects](/usc/42/11360.md?p=20);
  - (16) [programs](/usc/42/274l–1.md?p=4) to facilitate and encourage the voluntary use of [renewable energy](/usc/42/15852.md?p=b-2) technologies for eligible participants in Federal agency [programs](/usc/42/274l–1.md?p=4), including the Rural Electrification Administration and the Farmers Home Administration;
  - (17) [programs](/usc/42/274l–1.md?p=4) that promote the installation and use of demand-response technology and demand-response [practices](/usc/42/17061.md?p=19); and
  - (18) any other appropriate method or [programs](/usc/42/274l–1.md?p=4) to conserve and to promote efficiency in the use of [energy](/usc/42/6291.md?p=3).
- (e) **Standby plans—** The [Governor](/usc/42/6372.md?p=1) of any [State](/usc/42/6202.md?p=4) may submit to the [Secretary](/usc/42/6202.md?p=1) a [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan which is a standby [energy](/usc/42/6291.md?p=3) conservation plan to significantly reduce [energy](/usc/42/6291.md?p=3) demand by regulating the public and private consumption of [energy](/usc/42/6291.md?p=3) during a [severe energy supply interruption](/usc/42/6202.md?p=8), which plan may be separately eligible for Federal assistance under this part without regard to subsections [(c)](#c) and [(d)](#d) of this section.
- (f) **Energy Technology Commercialization Services Program—**
  - (1) The purposes of this subsection are to—
    - (A) strengthen [State](/usc/42/6202.md?p=4) outreach [programs](/usc/42/274l–1.md?p=4) to aid small and [start-up businesses](#f-5-C);
    - (B) foster a broader application of engineering principles and techniques to [energy](/usc/42/6291.md?p=3) technology products, manufacturing, and commercial production by small and [start-up businesses](#f-5-C); and
    - (C) foster greater assistance to small and [start-up businesses](#f-5-C) in dealing with the Federal Government on [energy](/usc/42/6291.md?p=3) technology related matters.
  - (2) The [programs](/usc/42/274l–1.md?p=4) to implement the functions of the [Energy](/usc/42/6291.md?p=3) Technology Commercialization Services [Program](/usc/42/274l–1.md?p=4), as provided for by [subsection (d)(12)](#d-12), shall—
    - (A) aid small and [start-up businesses](#f-5-C) in discovering useful and practical information relating to manufacturing and commercial production techniques and costs associated with new [energy](/usc/42/6291.md?p=3) technologies;
    - (B) encourage the application of such information in order to solve [energy](/usc/42/6291.md?p=3) technology product development and manufacturing problems;
    - (C) establish an [Energy](/usc/42/6291.md?p=3) Technology Commercialization Services [Program](/usc/42/274l–1.md?p=4) affiliated with an existing entity in each [State](/usc/42/6202.md?p=4);
    - (D) coordinate engineers and [manufacturers](/usc/42/300aa–33.md?p=3) to aid small and [start-up businesses](#f-5-C) in solving specific technical problems and improving the cost effectiveness of methods for manufacturing new [energy](/usc/42/6291.md?p=3) technologies;
    - (E) assist small and [start-up businesses](#f-5-C) in preparing the technical portions of proposals seeking financial assistance for new [energy](/usc/42/6291.md?p=3) technology commercialization; and
    - (F) facilitate contract research between university faculty and students and small [start-up businesses](#f-5-C), in order to improve [energy](/usc/42/6291.md?p=3) technology product development and independent quality control testing.
  - (3) Each [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) technology commercialization services [program](/usc/42/274l–1.md?p=4) shall develop and maintain a data base of engineering and scientific experts in [energy](/usc/42/6291.md?p=3) technologies and product commercialization interested in participating in the service. Such data base shall, at a minimum, include faculty of institutions of higher education, retired manufacturing experts, and [national laboratory](/usc/42/7381c–1.md?p=a-3) personnel.
  - (4) The services provided by the [energy](/usc/42/6291.md?p=3) technology commercialization services [programs](/usc/42/274l–1.md?p=4) established under this subsection shall be available to any small or [start-up business](#f-5-C). Such service [programs](/usc/42/274l–1.md?p=4) shall charge fees which are affordable to a party eligible for assistance, which shall be determined by examining factors, including the following: (A) the costs of the services received; (B) the need of the [recipient](/usc/42/2996a.md?p=6) for the services; and (C) the ability of the [recipient](/usc/42/2996a.md?p=6) to pay for the services.
  - (5) For the purposes of this subsection, the term—
    - (A) “[institution of higher education](/usc/42/6371h–1.md?p=a-4)” has the same meaning as such term is defined in [section 1001 of title 20](/usc/20/1001.md);
    - (B) “small business” means a private firm that does not exceed the numerical size [standard](/usc/42/1320d.md?p=7) promulgated by the Small Business Administration under [section 632(a) of title 15](/usc/15/632.md?p=a) for the [Standard](/usc/42/1320d.md?p=7) Industrial Classification (SIC) codes designated by the [Secretary](/usc/42/6202.md?p=1) of [Energy](/usc/42/6291.md?p=3); and
    - (C) “start-up business” means a [small business](#f-5-B) which has been in existence for 5 years or less.
- (g) **Review of plans—** The [Secretary](/usc/42/6202.md?p=1) shall, at least once every 3 years, invite the [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/6202.md?p=4) to review and, if necessary, revise the [energy](/usc/42/6291.md?p=3) conservation plan of such [State](/usc/42/6202.md?p=4) submitted under subsection [(b)](#b) or [(e)](#e). Such reviews should consider the [energy](/usc/42/6291.md?p=3) conservation plans of other [States](/usc/42/6202.md?p=4) within the region, and identify opportunities and actions carried out in pursuit of common [energy](/usc/42/6291.md?p=3) conservation goals.

## Source credit

(Pub. L. 94–163, title III, § 362, Dec. 22, 1975, 89 Stat. 933; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101–440, §§ 3(a), 4(a), (b), Oct. 18, 1990, 104 Stat. 1006–1008; Pub. L. 102–486, title I, § 141(b), (c)(1), Oct. 24, 1992, 106 Stat. 2841; Pub. L. 105–244, title I, § 102(a)(13)(E), Oct. 7, 1998, 112 Stat. 1620; Pub. L. 105–388, § 5(a)(8), Nov. 13, 1998, 112 Stat. 3478; Pub. L. 109–58, title I, § 123(a), Aug. 8, 2005, 119 Stat. 616; Pub. L. 117–58, div. D, title I, §§ 40104(b), 40109(a), (b), Nov. 15, 2021, 135 Stat. 932, 944.)

## Notes

### Editorial Notes

### Amendments

2021—Subsec. (c)(7). Pub. L. 117–58, § 40109(a), added par. (7).

Subsec. (d)(3). Pub. L. 117–58, § 40109(b), added par. (3) and struck out former par. (3) which read as follows: “programs to increase transportation energy efficiency, including programs to accelerate the use of alternative transportation fuels for State government vehicles, fleet vehicles, taxies, mass transit, and privately owned vehicles;”.

Subsec. (d)(17), (18). Pub. L. 117–58, § 40104(b), added par. (17) and redesignated former par. (17) as (18).

2005—Subsec. (g). Pub. L. 109–58 added subsec. (g).

1998—Subsec. (a)(1). Pub. L. 105–388, § 5(a)(8)(A), inserted “of” after “of the implementation”.

Subsec. (d)(12). Pub. L. 105–388, § 5(a)(8)(B), substituted “subsection (f)(2)” for “subsection (g)”.

Subsec. (f)(5)(A). Pub. L. 105–244 substituted “section 1001” for “section 1141(a)”.

1992—Subsec. (c)(5). Pub. L. 102–486, § 141(c)(1), substituted “and to turn such vehicle left from a one-way street onto a one-way street at a red light after stopping; and” for “; and”.

Subsec. (d)(13) to (17). Pub. L. 102–486, § 141(b), added pars. (13) to (16) and redesignated former par. (13) as (17).

1990—Subsec. (c)(6). Pub. L. 101–440, § 3(a), added par. (6).

Subsec. (d)(3). Pub. L. 101–440, § 4(a)(1), added par. (3) and struck out former par. (3) which read as follows: “transportation controls;”.

Subsec. (d)(5) to (13). Pub. L. 101–440, § 4(a)(3), added pars. (5) to (13) and struck out former par. (5) which read as follows: “any other appropriate method or programs to conserve and to improve efficiency in the use of energy.”

Subsec. (f). Pub. L. 101–440, § 4(b), added subsec. (f).

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

### Statutory Notes and Related Subsidiaries

### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education.

### Effective Date of 1992 Amendment

Pub. L. 102–486, title I, § 141(c)(2), Oct. 24, 1992, 106 Stat. 2841, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect January 1, 1995.”

### 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.

### Study Regarding Impact of Permitting Right and Left Turns on Red Lights

Pub. L. 102–486, title I, § 141(d), Oct. 24, 1992, 106 Stat. 2841, required the Administrator of the National Highway Traffic Safety Administration, in consultation with State agencies with jurisdiction over traffic safety issues, to conduct a study on the safety impact of the requirement specified in subsec. (c)(5) of this section, particularly with respect to the impact on pedestrian safety, and to report the findings of the study to Congress and the Secretary by not later than 2 years after Oct. 24, 1992.