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(b)(l) of the Energy Policy and Conservation Act (42 U.S.C. 6371e(b)(l)) 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 consumption" and inserting in lieu thereof "maintain or reduce energy V consumption and reduce energy costs" in the material preceding subparagraph (A); (3) in paragraph (2)(C), 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 (c) REPEAL OF EDUCATIONAL AGENCY EXCLUSION.— Section 396(e) of such Act (42 U.S.C. 6371e(e)) is repealed.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 marketing 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 regulations 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, implement energy conservation measures, and otherwise carry out a program pursuant to this part for the fiscal 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.".
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