---
kind: "section"
citation: "42 U.S.C. § 6323"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6323"
heading: "Federal assistance to States"
release: "119-102"
url: "https://uscodex.org/usc/42/6323"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter III — Improving Energy Efficiency"
  - "Part B — State Energy Conservation Plans"
---

# §6323. Federal assistance to States

- (a) **Information, technical assistance, and assistance in preparation of reports and development, implementation, or modification of energy conservation plan—** Upon request of the [Governor](/usc/42/6372.md?p=1) of any [State](/usc/42/6202.md?p=4), the [Secretary](/usc/42/6202.md?p=1) shall provide, subject to the availability of personnel and [funds](/usc/42/12854.md?p=3), information and technical assistance, including model [State](/usc/42/6202.md?p=4) laws and proposed regulations relating to [energy](/usc/42/6291.md?p=3) conservation, and other assistance in—
  - (1) the preparation of the reports described in [section 6322 of this title](/usc/42/6322.md), and
  - (2) the development, implementation, or [modification](/usc/42/7501.md?p=4) of an [energy](/usc/42/6291.md?p=3) conservation plan of such [State](/usc/42/6202.md?p=4) submitted under section [6322(b)](/usc/42/6322.md?p=b) or [(e)](/usc/42/6322.md?p=e) of this title.
- (b) **Financial assistance to assist State in development, implementation, or modification of energy conservation plan; submission of plan to and approval of Secretary; considerations governing approval; amount of assistance—**
  - (1) The [Secretary](/usc/42/6202.md?p=1) may grant Federal financial assistance pursuant to this section for the purpose of assisting such [State](/usc/42/6202.md?p=4) in the development of any such [energy](/usc/42/6291.md?p=3) conservation plan or in the implementation or [modification](/usc/42/7501.md?p=4) of a [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan or part thereof which has been submitted to and approved by the [Secretary](/usc/42/6202.md?p=1) pursuant to this part.
  - (2) In determining whether to approve a [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan submitted under section [6322(b)](/usc/42/6322.md?p=b) or [(e)](/usc/42/6322.md?p=e) of this title, the [Secretary](/usc/42/6202.md?p=1)—
    - (A) shall take into account the impact of local economic, climatic, geographic, and other unique conditions and requirements of such [State](/usc/42/6202.md?p=4) on the opportunity to conserve and to improve efficiency in the use of [energy](/usc/42/6291.md?p=3) in such [State](/usc/42/6202.md?p=4); and
    - (B) may extend the period of time during which a [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation feasibility report or [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan may be submitted if the [Secretary](/usc/42/6202.md?p=1) determines that participation by the [State](/usc/42/6202.md?p=4) submitting such report or plan is likely to result in significant progress toward achieving the purposes of this chapter.

    No such plan shall be disapproved without notice and an opportunity to present views.

  - (3) In determining the amount of Federal financial assistance to be provided to any [State](/usc/42/6202.md?p=4) under this subsection, the [Secretary](/usc/42/6202.md?p=1) shall consider—
    - (A) the contribution to [energy](/usc/42/6291.md?p=3) conservation which can reasonably be expected,
    - (B) the number of people affected by such plan, and
    - (C) the consistency of such plan with the purposes of this chapter, and such other factors as the [Secretary](/usc/42/6202.md?p=1) deems appropriate.
- (c) **Records—** Each [recipient](/usc/42/2996a.md?p=6) of Federal financial assistance under [subsection (b)](#b) shall keep such records as the [Secretary](/usc/42/6202.md?p=1) shall require, including records which fully disclose the amount and disposition by each [recipient](/usc/42/2996a.md?p=6) of the proceeds of such assistance, the total cost of the plan, [program](/usc/42/274l–1.md?p=4), [projects](/usc/42/11360.md?p=20), measures, or systems for which such assistance was given or used, the source and amount of [funds](/usc/42/12854.md?p=3) for such plan, [program](/usc/42/274l–1.md?p=4), [projects](/usc/42/11360.md?p=20), measures, or systems not supplied by the [Secretary](/usc/42/6202.md?p=1), and such other records as the [Secretary](/usc/42/6202.md?p=1) determines necessary to facilitate an effective audit and performance evaluation. The [Secretary](/usc/42/6202.md?p=1) and Comptroller General of the [United States](/usc/42/6202.md?p=5), or any of their duly authorized [representatives](/usc/42/3058f.md?p=5), shall have access for the purpose of audit and examination, at reasonable times and under reasonable conditions, to any pertinent books, documents, papers, and records of any [recipient](/usc/42/2996a.md?p=6) of Federal assistance under this part.
- (d) **Assistance as supplementing and not supplanting State and local funds—** Each [State](/usc/42/6202.md?p=4) receiving Federal financial assistance pursuant to this section shall provide reasonable assurance to the [Secretary](/usc/42/6202.md?p=1) that it has established policies and procedures designed to assure that Federal financial assistance under this part and under part E of this subchapter will be used to supplement, and not to supplant, [State](/usc/42/6202.md?p=4) and local [funds](/usc/42/12854.md?p=3), and to the extent practicable, to increase the amount of such [funds](/usc/42/12854.md?p=3) that otherwise would be available, in the absence of such Federal financial assistance, for those [programs](/usc/42/274l–1.md?p=4) set forth in the [State](/usc/42/6202.md?p=4) [energy](/usc/42/6291.md?p=3) conservation plan approved pursuant to [subsection (b)](#b).
- (e) **State buildings energy efficiency improvements incentive fund—** If the [Secretary](/usc/42/6202.md?p=1) determines that a [State](/usc/42/6202.md?p=4) has demonstrated a commitment to improving the [energy efficiency](/usc/42/6291.md?p=5) of [buildings](/usc/42/6321.md?p=c-2) within such [State](/usc/42/6202.md?p=4), the [Secretary](/usc/42/6202.md?p=1) may, beginning in fiscal year 1994, provide up to $1,000,000 to such [State](/usc/42/6202.md?p=4) for deposit into a revolving [fund](/usc/42/12854.md?p=3) established by such [State](/usc/42/6202.md?p=4) for the purpose of financing [energy efficiency](/usc/42/6291.md?p=5) improvements in [State](/usc/42/6202.md?p=4) and [local government](/usc/42/8401a.md) [buildings](/usc/42/6321.md?p=c-2). In making such determination the [Secretary](/usc/42/6202.md?p=1) shall consider whether—
  - (1) such [State](/usc/42/6202.md?p=4), or a majority of the [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) with jurisdiction over [building](/usc/42/6321.md?p=c-2) [energy](/usc/42/6291.md?p=3) codes within such [State](/usc/42/6202.md?p=4), has adopted codes for [energy efficiency](/usc/42/6291.md?p=5) in new [buildings](/usc/42/6321.md?p=c-2) that are at least as stringent as American Society of Heating, Refrigerating, and Air-Conditioning Engineers [Standard](/usc/42/1320d.md?p=7) 90.1–1989 (with respect to commercial [buildings](/usc/42/6321.md?p=c-2)) and [Council](/usc/42/300f.md?p=9) of American [Building](/usc/42/6321.md?p=c-2) Officials Model Energy Code, 1992 (with respect to residential [buildings](/usc/42/6321.md?p=c-2));
  - (2) such [State](/usc/42/6202.md?p=4) has established a [program](/usc/42/274l–1.md?p=4), including a revolving [fund](/usc/42/12854.md?p=3), to finance [energy efficiency](/usc/42/6291.md?p=5) improvement [projects](/usc/42/11360.md?p=20) in [State](/usc/42/6202.md?p=4) and [local government](/usc/42/8401a.md) [facilities](/usc/42/11049.md?p=4) and [buildings](/usc/42/6321.md?p=c-2); and
  - (3) such [State](/usc/42/6202.md?p=4) has obtained funding from non-Federal sources, including but not limited to, oil overcharge [funds](/usc/42/12854.md?p=3), [State](/usc/42/6202.md?p=4) or [local government](/usc/42/8401a.md) appropriations, or utility contributions (including rebates) equal to or greater than three times the amount provided by the [Secretary](/usc/42/6202.md?p=1) under this subsection for deposit into such revolving [fund](/usc/42/12854.md?p=3).

## Source credit

(Pub. L. 94–163, title III, § 363, Dec. 22, 1975, 89 Stat. 934; Pub. L. 94–385, title IV, § 432(b), (c), Aug. 14, 1976, 90 Stat. 1162; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101–440, § 3(b), Oct. 18, 1990, 104 Stat. 1007; Pub. L. 102–486, title I, § 141(a)(1), Oct. 24, 1992, 106 Stat. 2840; Pub. L. 117–58, div. D, title I, § 40108(c)(2), Nov. 15, 2021, 135 Stat. 944.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (b)(2)(B), (3)(C), was in the original “this Act”, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

### Amendments

2021—Subsecs. (e), (f). Pub. L. 117–58 redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to energy emergency planning program as prerequisite to assistance.

1992—Subsec. (f). Pub. L. 102–486 added subsec. (f).

1990—Subsecs. (d), (e). Pub. L. 101–440 added subsecs. (d) and (e).

1978—Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

1976—Subsec. (b)(2). Pub. L. 94–385, § 432(b), inserted provision requiring notice and opportunity to present views prior to disapproval of plans.

Subsec. (c). Pub. L. 94–385, § 432(c), inserted references to plan, measures, or systems wherever appearing and required that examinations be at reasonable times and under reasonable conditions.

### 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.