State Energy Efficiency Programs Improvement Act of 1990
PL 101-440 (S.247), enacted 10/18/1990

104 STAT. 1006 
PUBLIC LAW 101-440—OCT. 18, 1990 
Public Law 101-440 
101st Congress 
An Act 
Oct 18 1990 
"^^ amend the Energy Policy and Conservation Act to increase the efficiency and 
' 
effectiveness of State energy conservation programs carried out pursuant to such 
[S. 247] 
^^^ g^^ f^j, other purposes. 
Be it enacted by the Senate and House of Representatives of the 
State Energy 
United States of America in Congress assembled, 
Efficiency 
Programs 
SECTION 1. SHORT TITLE. 
Acf 
ofT990." 
This Act may be cited as the "State Energy Efficiency Programs 
42 use 6201 
Improvement Act of 1990". 
"°*^ 
SEC. 2. STATE ENERGY EFFICIENCY GOALS AND DEFINITIONS. 
(a) GrOAi^s.—(1) Section 364 of the Energy Policy and Conservation 
Act (42 U.S.C. 6324) is amended to read as follows: 
"STATE ENERGY EFFICIENCY GOALS 
"SEC. 364. Each State energy conservation plan with respect to 
which assistance is made available under this part on or after 
October 1, 1991, sheill contain a goal, consisting of an improvement 
of 10 percent or more in the efficiency of use of energy in the State 
concerned in the calendar year 2000 as compared to the calendar 
year 1990, and may contain interim goals.". 
(2) The table of contents of such Act is amended by striking out 
the item for section 364 and inserting in lieu thereof the following: 
"Sec. 364. State energy efficiency goals.". 
0)) DEFINITIONS.—Section 366(4) of such Act (42 U.S.C. 6326(4)) is 
amended— 
(1) by striking out "building or industrial" and inserting in 
lieu thereof "building, building system, energy consuming 
device associated with the building, or industrial"; 
(2) by striking out "the date of enactment of the Energy 
Conservation and Production Act" and inserting in lieu thereof 
"May 1,1989"; and 
(3) by inserting "maintain or" before "improve the efficiency" 
in the first sentence. 
SEC. 3. REQUIRED ELEMENTS OF STATE ENERGY CONSERVATION PLAN. 
(a) PLAN REQUIREMENTS.—Section 362(c) of the Energy Policy and 
Conservation Act (42 U.S.C. 6322(c)) is amended— 
(1) by striking out "and" at the end of paragraph (4); 
(2) by striking out the period at the end of paragraph (5) and 
inserting in lieu thereof'; and"; 
(3) by adding at the end thereof the following new paragraph: 
"(6) procedures for ensuring effective coordination among 
various local. State, and Federal energy conservation programs 
within the State, including any program administered within 
the Office of Technical and Financial Assistance of the Depart-
ment of Energy and the Low Income Home Energy Assistance 
PUBLIC LAW 101-440—OCT. 18, 1990 
104 STAT. 1007 
Program administered by the Department of Health and 
Human Services,". 
(b) ADDITIONAL CONDITIONS.—Section 363 of such Act (42 U.S.C. 
6323) is amended by adding at the end thereof the following new 
subsections: 
"(d) Each State receiving Federal financial assistance pursuant to 
this section shall provide reasonable assurance to the Secretary that 
it has established policies and procedures designed to assure that 
Federgil ^suicial assistance under this part and under part G of this 
title will be used to supplement, and not to supplant, State and local 
funds, and to the extent practicable, to increase the amount of such 
funds that otherwise would be available, in the absence of such 
Federal financial assistance, for those programs set forth in the 
State energy conservation plan approved pursuant to subsection (b). ^ 
"(eXD Effective October 1,1991, to be eligible for Federal financial 
assistance pursuant to this section, a State shall submit to the 
Secretary, as a supplement to its energy conservation plan, an 
energy emergency planning program for an energy supply disrup-
tion, as designed by the State consistent with applicable Federal and 
State law. The contingency plan provided for by the program shall 
include an implementation strategy or strategies (including regionsil 
coordination) for dealing with energy emergencies. The submission 
of such plan shall be for informational purposes only and without 
any requirement of approval by the Secretary. 
(2) Federal financial assistance made available under this part to 
a State may be used to develop and conduct the energy emergency 
planning program requirement referred to in paragraph (1).". 
SEC. 
4
. 
OPTIONAL 
ELEMENTS 
OF 
STATE 
ENERGY 
CONSERVATION 
PLAN 
AND 
CONSOLIDATION 
OF 
SUPPLEMENTAL 
STATE 
ENERGY 
CON-
SERVATION 
PLAN. 
(a) IN GENERAL.—Section 362(d) of the Energy Policy and Con-
servation Act (42 U.S.C. 6322(d)) is amended— 
(1) by striking out paragraph (3) and inserting in lieu thereof 
the following: 
"(3) 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;"; 
(2) by striking out "and" at the end of paragraph (4); 
(3) by striking out paragraph (5) and inserting in lieu thereof 
the following: 
"(5) programs for financing energy efficiency and renewable 
energy capital investments, projects, and programs— 
"(A) which may include loan programs and performance 
contracting programs for leveraging of additional public 
and private sector funds, and programs which allow re-
bates, grants, or other incentives for the purchase and 
installation of energy efficiency and renewable energy 
measures; or 
"(B) in addition to or in lieu of programs described in 
subparagraph (A), which may be used in connection with 
public or nonprofit buildings owned and operated by a 
State, a political subdivision of a State or an agency or 
' ^' 
instrumentality of a State, or an organization exempt from 
taxation under section 501(cX3) of the Internal Revenue 
Code of 1986; 
104 STAT. 1008 
PUBLIC LAW 101-440—OCT. 18, 1990 
"(6) programs for encouraging and for carrying out energy 
audits with respect to buildings and industrial facilities (includ-
ing industrial processes) within the State; 
"(1) programs to promote the adoption of integrated energy 
plans which provide for— 
"(A) periodic evaluation of a State's energy needs, avail-
able energy resources (including greater energy efficiency), 
and energy costs; and 
"(B) utilization of adequate and reliable energy supplies, 
including greater energy efficiency, that meet applicable 
safety, environmental, and policy requirements at the 
lowest cost; 
"(8) programs to promote energy efficiency in residential 
housing, such as— 
"(A) programs for development and promotion of energy 
efficiency rating systems for newly constructed housing and 
existing housing so that consumers can compare the energy 
efficiency of different housing; and 
"(B) programs for the adoption of incentives for builders, 
utilities, and mortgage lenders to build, service, or finance 
energy efficient housing; 
"(9) programs to identify unfair or deceptive acts or practices 
which relate to the implementation of energy efficiency meas-
ures and renewable resource energy measures and to educate 
consumers concerning such acts or practices; 
"(10) programs to modify patterns of energy consumption so 
as to reduce peak demands for energy and improve the effi-
ciency of energy supply systems, including electricity supply 
systems; 
"(11) programs to promote energy efficiency as an integral 
component of economic development planning conducted by 
State, local, or other governmental entities or by energy utili-
ties; 
"(12) in accordance with subsection (g), programs to imple-
ment the Energy Technology Commercialization Services Pro-
gram; and 
"(13) any other appropriate method or programs to conserve 
and to promote efficiency in the use of energy.", 
(b) 
ENERGY TECHNOLOGY COMMERCIALIZATION SERVICES PRO-
GRAM.—Section 362 of the Energy Policy and Conservation Act (42 
U.S.C. 6322) is amended by adding at the end thereof the following 
new subsection: 
Small 
"(fKl) The purposes of this subsection are to— 
businesses. 
«(^) Strengthen State outreach programs to aid small and 
start-up businesses; 
"(B) foster a broader application of engineering principles and 
techniques to energy technology products, manufacturing, and 
commercial production by small and start-up businesses; and 
"(C) foster greater assistance to small and start-up businesses 
in dealing with the Federal Government on energy technology 
related matters. 
"(2) The programs to implement the functions of the Energy 
Technology Commercialization Services Program, as provided for by 
subsection (dX12), shall— 
"(A) aid small and start-up businesses in discovering useful 
and practical information relating to manufacturing 
and 
PUBLIC LAW 101-440—OCT. 18, 1990 
104 STAT. 1009 
commercial production techniques and costs associated with 
new energy technologies; 
"(B) encourage the application of such information in order to 
solve energy technology product development and manufactur-
ing problems; 
(C) establish an Energy Technology Commercialization Serv-
ices Program affiliated with an existing entity in each State; 
"(D) coordinate engineers and manufacturers to aid small and 
start-up businesses in solving specific technical problems and 
improving the cost effectiveness of methods for manufacturing 
new energy technologies; 
"(E) assist small and start-up businesses in preparing the 
technical portions of proposals seeking financial assistance for 
new energy technology commercialization; and 
"(F) facilitate contract research between university faculty 
and students and small start-up businesses, in order to improve 
energy technology product development and independent qual-
ity control testing. 
"(3) Each State energy technology commercialization services pro-
gram shall develop and maintain a data base of engineering and 
scientific experts in energy technologies and product commercializa-
tion 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 personnel. 
"(4) The services provided by the energy technology commer-
cialization services programs established under this subsection shall 
be available to any small or start-up business. Such service pro-
grams shall charge fees which are affordable to a party eligible for 
assistance, which shall be determined by examining factors, includ-
ing the following: (A) the costs of the services received; (B) the need 
of the recipient for the services; and (C) the ability of the recipient to 
pav for the services. 
(5) For the purposes of this subsection, the term— 
"(A) 'institution of higher education' has the same meaning as 
such term is defined in section 1201(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1141(a)); 
"(B) 'small business' means a private firm that does not 
exceed the numerical size standard promulgated by the Small 
Business Administration under section 3(a) of the Small Busi-
ness Act (15 U.S.C. 632) for the Standard Industrial Classifica-
tion (SIC) codes designated by the Secretary of Energy; and 
"(C) 'start-up business' means a small business which has 
been in existence for 5 years or less.", 
(c) EuMiNATiON OF SSECP.—(1) Section 367 of such Act (42 U.S.C. 
6327) is repealed. 
(2) The table of contents of such Act is amended by striking out 
the item for section 367, 
SEC. 5. STATE ENERGY ADVISORY BOARD. 
Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 
6325) is amended by adding at the end the following: 
"(gXlXA) There is hereby established within the Department of 
Energy a State Energy Advisory Board (heresifter in this subsection 
referred to as the 'Board') which shall consist of at lesist 18 and not 
more than 21 members appointed by the Secretary as soon as 
practicable but no later than September 30, 1991. At least eight of 
the members of the Board shall be persons who serve as directors of 
104 STAT. 1010 
PUBLIC LAW 101-440—OCT. 18, 1990 
the State agency, or a division of such agency, responsible for 
developing State energy conservation plans pursuant to section 362. 
At least four members shall be directors of State or local low income 
weatherization assistance programs. Other members shall be 
appointed from persons who have experience in energy efficiency or 
renewable energy programs from the private sector, consumer 
interest groups, utilities, public utility commissions, educational 
institutions, ^nancial institutions, local government energy pro-
grams, or research institutions. A majority of the members of the 
Board shall be State employees. 
"(BXi) Except as provided in clause (ii), the members of the Board 
shall serve a term of three years. 
"(ii) Of the members first appointed to the Board, one-third shall 
serve a term of one year, one-third shall serve a term of two years, 
and the remainder shall serve a term of three years, as specified by 
the Secretary. 
"(2) The Board shall— 
"(A) make recommendations to the Assistant Secretary for 
Conservation and Renewable Energy within the Department of 
Energy with respect to— 
"(i) the energy efficiency goals and objectives of the pro-
grams carried out under this part, part G of this title, and 
under part A of title IV of the Energy Conservation and 
Production Act; and 
"(ii) programmatic and administrative policies designed 
to strengthen and improve the progreuns referred to in 
clause (i), including actions that should be considered to 
encourage non-Federal resources (including private re-
sources) to supplement Federal financial assistance; 
"(B) serve as a liaison between the States and such Depart-
ment on energy efficiency and renewable energy resource pro-
grams; and 
"(C) encourage transfer of the results of research and develop-
ment activities carried out by the Federal Government with 
respect to energy efficiency and renewable energy resource 
technologies. 
"(3) The Secretary shall designate one of the members of the 
Board to serve as its chairman and one to serve as its vice-chairman. 
The chairman and vice-chairman shall serve in those offices no 
longer than two years. 
"(4) The Secretary shall provide the Board with such reasonable 
services and facilities as may be necessary for the performEince of its 
functions. 
"(5) The Board shall be nonpartisan. 
"(6) The Board may adopt administrative rules and procedures 
and may elect one of its members secretary of the Board. 
"(7) Consistent with Federal regulations, the Secretary shall re-
imburse members of the Board for expenses (including travel ex-
penses) necessarily incurred by them in the performance of their 
duties. 
Reports. 
"(g) The Board shall meet at least twice a year and shall submit 
an annual report to the Secretary and the Congress on the activities 
carried out by the Board in the previous fiscal year, including an 
accounting of the expenses reimbursed under paragraph (7) with 
respect to the year for which the report is made and any rec-
ommendations it may have for administrative or legislative changes 
PUBLIC LAW 101-440—OCT. 18, 1990 
104 STAT. 1011 
concerning the matters referred to in subparagraphs (A), (B), and (C) 
of paragraph (2). 
"(9) The Board shall continue until terminated by law.". 
SEC. 6. ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOS-
PITALS. 
(a) NON-FEDERAL SHARE OF A PROJECJT.—Section 396(bXl) of the 
Energy Policy and Conservation Act (42 U.S.C. 6371e(bXl)) is 
amended by adding at the end thereof the following: "The non-
Federal share of the costs of any such energy conservation project 
may be provided by using programs of innovative financing for 
energy conservation projects (including, but not limited to, loan 
programs and performance contracting), even if, pursuant to such 
financing, clear title to the equipment does not pgiss to the school or 
hospital until after the grant is completed.". 
(b) DEFINITIONS.—Section 391 of such Act (42 U.S.C. 6371) is 
amended— 
^ 
(1) in paragraph (1), by striking out "April 20, 1977" and 
inserting in lieu thereof "May 1,1989"; 
(2) in paragraph (2), by striking out "reduce energy consump-
tion" and inserting in lieu thereof "maintain or reduce energy 
V 
consumption and reduce energy costs" in the material preced-
ing subparagraph (A); 
(3) in paragraph (2XC), by inserting "and load management 
systems" before the semicolon; 
(4) in paragraph (8), by inserting "administrative facilities," 
after "dormitories,"; and 
(5) in paragraph (17XA), by striking out "and related cost 
savings" and inserting in lieu thereof "or energy cost savings". 
(c) REPEAL OF EDUCATIONAL AGENCY EXCLUSION.—Section 396(e) of 
such Act (42 U.S.C. 6371e(e)) is repealed. 
(d) USE OF FUNDS.—Section 396(d) of such Act (42 U.S.C. 6371e(d)) 
is amended— 
(1) by striking out "The" and inserting in lieu thereof "(1) 
The"; and 
(2) by adding at the end the following new paragraphs: 
"(2) A State may utilize up to 100 percent of the funds provided by Regulations. 
the Secretary under this part for any fiscal year for program and 
technical assistance and up to 50 percent of such funds for market-
ing and other costs associated with leveraging of non-Federal funds 
for carrying out this part and may administer a continuous and 
consecutive application and award procedure for providing program 
and technical assistance under this part in accordance with regula-
tions that the Secretary shall establish, if the State— 
"(A) has adopted a State plan in accordance with section 394, 
the administration of which is in accordance with applicable 
regulations; and 
"(B) certifies to the Secretary that not more than 15 percent 
of the aggregate amount of Federal and non-Federal funds used 
by the State to provide program and technical assistance, imple-
ment energy conservation measures, and otherwise carry out a 
program pursuant to this part for the ^ c a l year concerned will 
be expended for program and technical assistance and for 
marketing and other costs associated with leveraging of non-
Federal funds for such program.". 
104 STAT. 1012 
PUBLIC LAW 101-440—OCT. 18, 1990 
SEC. 7. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS. 
(a) CoouNG MATERIALS.—Section 412(9) of the Energy Conserva-
tion and Production Act (42 U.S.C. 6862(9)) is amended— 
(1) by striking out "and" at the end of subparagraph (F); 
(2) by redesignating subparagraph (G) as subparagraph (H); 
and 
(3) by adding after subparagraph (F) the following: 
"(G) cooling efficiency modifications, including, but not lim-
ited to, replacement air-conditioners, ventilation equipment, 
screening, window films, and shading devices; and". 
(b) RENTAL HOUSING.—(1) Section 413(bX2) of such Act (42 U.S.C. 
6863(bX2)) is amended— 
(A) by striking out "and" at the end of subparagraph (A); and 
(B) by striking out subparagraph (B) and inserting in lieu 
thereof the following: 
"(B) that provide guidance to the States in the implementa-
tion of this part, including guidance designed to ensure that a 
State establishes (i) procedures that provide protection under 
paragraph (5) to tenants paying for energy as a portion of their 
rent, and (ii) a process for monitoring compliance with its 
obligations pursuant to this part; and 
"(C) that secure the Federal investment made under this part 
and address the issues of eviction from and sale of property 
receiving weatherization materials under this part.". 
(2) Section 413(b) of such Act (42 U.S.C. 6863(b)) is amended by 
adding at the end the following: 
"(5) In any case in which a dwelling consists of a rental unit or 
rental units, the State, in the implementation of this part, shall 
ensure that— 
"(A) the benefits of weatherization assistance in connection 
with such rental units, including units where the tenants pay 
for their energy through their rent, will accrue primarily to the 
low-income tenants residing in such units; 
"(B) for a reasonable period of time after weatherization work 
has been completed on a dwelling containing a unit occupied by 
an eligible household, the tenants in that unit (including house-
holds paying for their energy through their rent) will not be 
subjected to rent increases unless those increases are demon-
strably related to matters other than the weatherization work 
performed; 
"(C) the enforcement of subparagraph (B) is provided through 
procedures established by the State by which tenants may file 
complaints and owners, in response to such complaints, shall 
demonstrate that the rent increase concerned is related to 
matters other than the weatherization work performed; and 
"(D) no undue or excessive enhancement will occur to the 
value of such dwelling units. 
"(6) As a condition of having assistamce provided under this part 
with respect to multifamily buildings, a State may require financial 
participation from the owners of such buildings.". 
(c) ALLOCATION FORMULA.—Section 414 of such Act (42 U.S.C. 
6864) is amended— 
(1) in subsection (a)(D), by inserting ", such as the cost of 
heating and cooling," aJFter "necessary"; and 
(2) by adding at the end the following: 
PUBLIC LAW 101-440—OCT. 18, 1990 
104 STAT. 1013 
"(c) Effective with fiscal year 1991, and annually thereafter, the 
Secretary shall update the population, eligible households, climatic, 
residential energy use, and all other data used in allocating the 
funds under this part among the States pursuant to subsection (a).". 
(d) WAIVER OF 40-PERCENT REQUIREMENT.—Section 415(a) of such 
Act (42 U.S.C. 6865(a)) is amended— 
(1) in the first sentence, by striking out "An average" and 
inserting in lieu thereof "(1) Except as provided in paragraph 
(2), an average"; 
(2) by inserting the following before the period at the end of 
the second sentence: ", and a State may provide in the plan 
adopted pursuant to subsection (b) for recipients of grants of less 
than $350,000 to use up to an additional 5 percent of such grant 
for administration if the State has determined that such recipi-
ent requires such additional amount to implement effectively 
the administrative requirements established by the Secretary 
pursuant to this part"; and 
(3) by adding at the end the following: 
"(2XA) The Secretary shall approve a State's application to WEiive 
the 40-percent requirement established in paragraph (1) if the State 
includes in its plan energy audit procedures and techniques which (i) 
meet standards established by the Secretary after consultation with 
the State Energy Advisory Board established under section 365(g) of 
the Energy Policy and Conservation Act, (ii) establish priorities for 
selection of weatherization measures based on their cost and con-
tribution to energy efficiency, (iii) measure the energy requirement 
of individual dwellings and the rate of return of the total conserva-
tion investment in a dwelling, and (iv) account for interaction 
among energy efficiency measures. 
"(B) The Secretary shall make information on energy audit proce- Occupational 
dures and techniques available to States appljdng for a WEiiver under 
training. 
subparagraph (A) and shall provide training for State and local 
agencies in the implementation of such procedures and techniques.". 
(e) DwELUNG UNIT LIMITATION.—Section 415(c) of such Act (42 
U.S.C. 6865(c)) is amended— 
(1) in paragraph (1), by striking out "The expenditure" and 
inserting in lieu thereof "Except as provided in paragraphs (3) 
and (4), the expenditure"; and 
(2) by adding at the end the following: 
"(3) Beginning with fiscal year 1991, the $1,600 per dwelling unit 
limitation provided in paragraph (1) shall be adjusted annually by 
increasing the limitation gimount by an amount equal to— 
"(A) the limitation amount for the previous fiscal year, multi-
plied by 
"(B) the lesser of (i) the percentage increase in the Consumer 
Price Index (all items. United States city average) for the most 
recent calendar year completed before the beginning of fiscal 
year for which the determination is being made, or (ii) three 
percent. 
"(4XA) In addition to the average per dwelling unit limitation 
applicable in a State under paragraphs (1) and (3), the Secretary 
shall, upon application by a State, establish a separate average per 
dwelling unit limitation for dwelling units in such State— 
"(i) which conform to program requirements; and 
"(ii) which, in addition to any other weatherization modifica-
tions, have furnace efficiency modifications made under this 
part. 
104 STAT. 1014 
PUBLIC LAW 101-440—OCT. 18, 1990 
"(B) The average per dwelling unit limitation applicable in a State 
to units described in subparagraph (A) shall not exceed an amount 
equal to— 
"(i) the amount permitted for the expenditure of financial 
assistance for labor, weatherization materials, and related mat-
ters for dwelling units in such State under paragraphs (1) and 
(3), plus 
"(ii) an amount determined by the State to be the average 
amount that is appropriate for furnace efficiency modifications 
of dwelling units of the tj^pe assisted under this part in such 
State.". 
(f) REPEAL OF PERFORMANCE FUND.—Section 415(d) of such Act (42 
U.S.C. 6865(d)) is repealed. 
(g) NON-FEDERAL FUNDING REQUIREMENT.—Section 414(bX3) of 
such Act (42 U.S.C. 6864(bX3)) is amended by striking out "and (B)" 
and inserting in lieu thereof the following: "(B) for using Federal 
financial assistance under this part to increase the portion of low-
income weatherization assistance that the State obtains from non-
Federal sources, including private sources, and (C)". 
(h) ADDITIONAL REPORTING REQUIREMENT.—Section 421 of such 
Act (42 U.S.C. 6871) is amended— 
(1) by striking out "through 1979"; and 
(2) by adding at the end the following: "Such report shall 
include information and data furnished by each State on the 
average costs incurred in weatherization of individual dwelling 
units, the aversige size of the dwellings being weatherized, and 
the average income of households receiving assistance under 
this part.". 
(i) INCENTIVE PROGRAM.—Section 415 of such Act (42 U.S.C. 6865) 
is amended by adding at the end the following: 
"(d) Beginning with fiscal year 1992, the Secretary may allocate 
funds appropriated pursuant to section 422(b) to provide supple-
mentary financial assistance to those States which the Secretary 
determines have achieved the best performance during the previous 
fiscal year in achieving the purposes of this part. In making this 
determination, the Secretary shall— 
"(1) consult with the State Energy Advisory Board established 
under section 365(g) of the Energy Policy and Conservation Act; 
and 
"(2) give priority to those States which, during such previous 
fiscal year, obtained a significant portion of income from non-
Federal sources for their weatherization programs or increased 
significantly the portion of low-income weatherization assist-
ance that the State obtained from non-Federal sources. 
"(eXlXA) Beginning with fiscal year 1992, the Secretary may 
allocate, from funds appropriated pursuant to section 422(b), among 
the States an equal amount for each State not to exceed $100,000 per 
State. Each State shall make available amounts received under this 
subsection to provide supplementary financial assistance to recipi-
ents of grants under this part that have achieved the best perform-
ance during the previous fiscal year in advancing the purposes of 
this part. 
"(B) None of the funds made available under this subsection may 
be used by any State for administrative purposes. 
"(2) The Secretary shall, after consulting with the State Energy 
Advisory Board referred to in subsection (dXl), prescribe guidelines 
to be used by each State in making available supplementary finan-
PUBLIC LAW 101-440—OCT. 18, 1990 
104 STAT. 1015 
cial assistance under this subsection, with a priority being given to 
subgrantees that, by law or through administrative or other execu-
tive action, provided non-Federal resources (including private re-
sources) to supplement Federal financial assistance under this part 
during the previous fiscal year.". 
(j) OoNFORMiNG AMENDMENT.—Section 411 of such Act (42 U.S.C. 
6861) is amended to read as follows: 
"FINDINGS AND PURPOSE 
"SEC. 411. (a) The Congress finds that— 
"(1) a fast, cost-effective, and environmentally sound way to 
prevent future energy shortages in the United States while 
reducing the Nation's dependence on imported energy supplies, 
is to encourage and facilitate, through major programs, the 
implementation of energy conservation and renewable-resource 
energy measures with respect to dwelling units; 
"(2) existing efforts to encourage and facilitate such measures 
are inadequate because— 
"(A) many dwellings owned or occupied by low-income 
persons are energy inefficient; 
"(B) low-income persons can least afford to make the 
modifications necessary to provide for efficient energy 
equipment in such dwellings and otherwise to improve the 
energy efficiency of such dwellings; 
"(3) weatherization of such dwellings would lower shelter 
costs in dwellings owned or occupied by low-income persons as 
well as save energy and reduce future energy capacity require-
ments; and 
"(4) States, through Community Action Agencies established 
under the Economic Opportunity Act of 1964 and units of 
general purpose local government, should be encouraged, with 
Federal financial and technical assistance, to develop and sup-
port coordinated weatherization programs designed to alleviate 
the adverse effects of energy costs on such low-income persons, 
to supplement other Federal programs serving such low-income 
persons, and to increase energy efficiency. 
"(b) It is, therefore, the purpose of this part to develop and 
implement a weatherization assistance program to increase the 
energy efficiency of dwellings owned or occupied by low-income 
persons, reduce their total residential energy expenditures, and 
improve their health and safety, especially low-income persons who 
are particularly vulnerable such as the elderly, the handicapped, 
and children.". 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) STATE PLAN PROGRAM.—Section 365(f) of the Energy Policy and 
Conservation Act (42 U.S.C. 6325(f)) is amended to read as follows: 
"(f) For the purpose of carrying out this part, there are authorized 
to be appropriated not to exceed $25,000,000 for fiscal year 1991, 
$35,000,000 for fiscal year 1992, and $45,000,000 for fiscal year 
1993.". 
Ot)) ENERGY CONSERVATION PROGRAM FOR SCHOOLS AND HOS-
PFTALS.—Section 397 of the Energy Policy and Conservation Act (42 
U.S.C. 637 If) is amended to read as follows: 
-^ 
104 STAT. 1016 
PUBLIC LAW 101-440—OCT. 18, 1990 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 397. For the purpose of canying out this part, there are 
authorized to be appropriated not to exceed $40,000,000 for fiscal 
year 1991, $50,000,000 for fiscal year 1992, and $60,000,000 for fiscal 
year 1993.". 
(c) WEATHERIZATION ASSISTANCE PROGRAM.—Section 422 of 
the 
Energy Conservation and Production Act (42 U.S.C. 6872) is amend-
ed to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 422. (a) There are authorized to be appropriated for purposes 
of carrjdng out the weatherization program under this part, other 
than under subsections (d) and (e) of section 415, not to exceed 
$200,000,000 for fiscal year 1991 and such sums as may be necessary 
for fiscal years 1992,1993, and 1994. 
"(b) There are authorized to be appropriated for purposes of 
carrying out the weatherization program under subsections (d) and 
(e) of section 415, not to exceed $20,000,000 for fiscal year 1992 and 
such sums as may be necessary for fiscal years 1993 and 1994.". 
Approved October 18, 1990. 
LEGISLATIVE HISTORY—S. 247 (H.R. 711): 
HOUSE REPORTS: No. 101-646 accompanying H.R. 711 (Comm. on Energy and 
Commerce). 
SENATE REPORTS: No. 101-235 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Jan. 25, considered and passed Senate. 
Oct. 1, H.R. 711 considered and passed House; S. 247, amended, passed in lieu. 
Oct. 4, Senate concurred in House amendment.