Page:United States Statutes at Large Volume 104 Part 1.djvu/1047

 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 recipient 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: "(2)(A) 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 contribution to energy efficiency, (iii) measure the energy requirement of individual dwellings and the rate of return of the total conservation 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 applying 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, multiplied 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. "(4)(A) 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 modifications, have furnace efficiency modifications made under this part.

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