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). ^ "(e)(1) 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 disruption, 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 Conservation 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 rebates, 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(c)(3) of the Internal Revenue Code of 1986;
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