42 U.S.C. § 6308 — Annual report

Page 6753 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6308 1 So in original. Probably should be capitalized. consumer products by model or manufacturer’s name. (b) State and local incentive programs (1) The Secretary shall, not later than one year after October 24, 1992, issue recommenda- tions to the States for establishing State and local incentive programs designed to encourage the acceleration of voluntary replacement, by consumers, of existing showerheads, faucets, water closets, and urinals with those products that meet the standards established for such products pursuant to subsections (j) and (k) of section 6295 of this title. (2) In developing such recommendations, the Secretary shall consult with the heads of other federal 1 agencies, including the Administrator of the Environmental Protection Agency; State officials; manufacturers, suppliers, and install- ers of plumbing products; and other interested parties. (c) HVAC maintenance (1) To ensure that installed air conditioning and heating systems operate at maximum rated efficiency levels, the Secretary shall, not later than 180 days after August 8, 2005, carry out a program to educate homeowners and small busi- ness owners concerning the energy savings from properly conducted maintenance of air condi- tioning, heating, and ventilating systems. (2) The Secretary shall carry out the program under paragraph (1), on a cost-shared basis, in cooperation with the Administrator of the Envi- ronmental Protection Agency and any other en- tities that the Secretary determines to be ap- propriate, including industry trade associations, industry members, and energy efficiency organi- zations. (d) Small business education and assistance (1) The Administrator of the Small Business Administration, in consultation with the Sec- retary and the Administrator of the Environ- mental Protection Agency, shall develop and co- ordinate a Government-wide program, building on the Energy Star for Small Business Program, to assist small businesses in— (A) becoming more energy efficient; (B) understanding the cost savings from im- proved energy efficiency; (C) understanding and accessing Federal pro- curement opportunities with regard to Energy Star technologies and products; and (D) identifying financing options for energy efficiency upgrades. (2) The Secretary, the Administrator of the Environmental Protection Agency, and the Ad- ministrator of the Small Business Administra- tion shall— (A) make program information available to small business concerns directly through the district offices and resource partners of the Small Business Administration, including small business development centers, women’s business centers, and the Service Corps of Re- tired Executives (SCORE), and through other Federal agencies, including the Federal Emer- gency Management Agency and the Depart- ment of Agriculture; and (B) coordinate assistance with the Secretary of Commerce for manufacturing-related ef- forts, including the Manufacturing Extension Partnership Program. (3) The Secretary, on a cost shared basis in co- operation with the Administrator of the Envi- ronmental Protection Agency, shall provide to the Small Business Administration all adver- tising, marketing, and other written materials necessary for the dissemination of information under paragraph (2). (4) The Secretary, the Administrator of the Environmental Protection Agency, and the Ad- ministrator of the Small Business Administra- tion, as part of the outreach to small business concerns under the Energy Star Program for Small Business Program, may enter into cooper- ative agreements with qualified resources part- ners (including the National Center for Appro- priate Technology) to establish, maintain, and promote a Small Business Energy Clearinghouse (in this subsection referred to as the ‘‘Clearing- house’’). (5) The Secretary, the Administrator of the Environmental Protection Agency, and the Ad- ministrator of the Small Business Administra- tion shall ensure that the Clearinghouse pro- vides a centralized resource where small busi- ness concerns may access, telephonically and electronically, technical information and advice to help increase energy efficiency and reduce en- ergy costs. (6) There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended. (Pub. L. 94–163, title III, § 337, Dec. 22, 1975, 89 Stat. 931; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 102–486, title I, § 123(i), Oct. 24, 1992, 106 Stat. 2831; Pub. L. 109–58, title I, § 132, Aug. 8, 2005, 119 Stat. 621.) Editorial Notes AMENDMENTS 2005—Subsecs. (c), (d). Pub. L. 109–58 added subsecs. (c) and (d). 1992—Pub. L. 102–486 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1978—Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. § 6308. Annual report The Secretary shall report to the Congress and the President either (1) as part of his annual re- port, or (2) in a separate report submitted annu- ally, on the progress of the program undertaken pursuant to this part and on the energy savings impact of this part. Each such report shall specify the actions undertaken by the Secretary Page 6754 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6309 1 So in original. Probably should be designated ‘‘(4)’’. in carrying out this part during the period cov- ered by such report, and those actions which the Secretary was required to take under this part during such period but which were not taken, to- gether with the reasons therefor. Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a non- discretionary duty as provided for in this part. (Pub. L. 94–163, title III, § 338, Dec. 22, 1975, 89 Stat. 932; Pub. L. 95–619, title IV, § 425(h), title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3266, 3288; Pub. L. 100–12, § 10, Mar. 17, 1987, 101 Stat. 124.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–12 inserted at end ‘‘Nothing in this section provides a defense or justification for a failure by the Secretary to comply with a nondiscretionary duty as provided for in this part.’’ 1978—Pub. L. 95–619 inserted requirement that each report under this section should account for actions taken by the Secretary, as well as actions not taken, during the covered period in carrying out this part and substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration. § 6309. Authorization of appropriations (a) Authorizations for Secretary There are authorized to be appropriated to the Secretary not more than the following amounts to carry out his responsibilities under this part— (1) $1,700,000 for fiscal year 1976; (2) $1,500,000 for fiscal year 1977; (3) $3,300,000 for fiscal year 1978; and (4) $10,000,000 for fiscal year 1979. Amounts authorized for such purposes under paragraph (3) shall be in addition to amounts otherwise authorized and appropriated for such purposes. (b) Authorizations for Commission There are authorized to be appropriated to the Commission not more than the following amounts to carry out its responsibilities under this part— (1) $650,000 for fiscal year 1976; (2) $700,000 for fiscal year 1977; (3) $700,000 for fiscal year 1978; and (3) 1 $2,000,000 for fiscal year 1979. (c) Other authorizations There are authorized to be appropriated to the Secretary to be allocated not more than the fol- lowing amounts— (1) $1,100,000 for fiscal year 1976; (2) $2,500,000 for fiscal year 1977; and (3) $1,800,000 for fiscal year 1978. Such amounts shall, and any amounts author- ized to be appropriated under subsection (a), may be allocated by the Secretary to the Na- tional Institute of Standards and Technology. (Pub. L. 94–163, title III, § 339, Dec. 22, 1975, 89 Stat. 932; Pub. L. 95–70, § 3, July 21, 1977, 91 Stat. 276; Pub. L. 95–619, title IV, § 426, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3267, 3288; Pub. L. 100–12, § 11(b)(8), Mar. 17, 1987, 101 Stat. 126; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes AMENDMENTS 1988—Subsec. (c). Pub. L. 100–418 substituted ‘‘Na- tional Institute of Standards and Technology’’ for ‘‘Na- tional Bureau of Standards’’ in closing provisions. 1987—Pub. L. 100–12 inserted headings for subsecs. (a) to (c). 1978—Subsec. (a). Pub. L. 95–619, §§ 426(a), 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, in text preceding par. (1), ‘‘$3,300,000’’ for ‘‘$1,500,000’’ in par. (3), added par. (4), and provided that amounts au- thorized under par. (3) would be in addition to amounts otherwise authorized and appropriated. Subsec. (b)(3). Pub. L. 95–619, § 426(b), added second par. (3) relating to fiscal year 1979. Subsec. (c). Pub. L. 95–619, § 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1977—Subsec. (c)(2). Pub. L. 95–70, § 3(a), substituted ‘‘$2,500,000’’ for ‘‘$700,000’’. Subsec. (c)(3). Pub. L. 95–70, § 3(b), substituted ‘‘$1,800,000’’ for ‘‘$700,000’’. PART A–1—CERTAIN INDUSTRIAL EQUIPMENT Editorial Notes CODIFICATION This part was, in the original, designated part C and has been changed to part A–1 for purposes of codifica- tion. § 6311. Definitions For purposes of this part— (1) The term ‘‘covered equipment’’ means one of the following types of industrial equip- ment: (A) Electric motors and pumps. (B) Small commercial package air condi- tioning and heating equipment. (C) Large commercial package air condi- tioning and heating equipment. (D) Very large commercial package air conditioning and heating equipment. (E) Commercial refrigerators, freezers, and refrigerator-freezers. (F) Automatic commercial ice makers. (G) Walk-in coolers and walk-in freezers. (H) Commercial clothes washers. (I) Packaged terminal air-conditioners and packaged terminal heat pumps. (J) Warm air furnaces and packaged boil- ers. (K) Storage water heaters, instantaneous water heaters, and unfired hot water storage tanks. (L) Any other type of industrial equipment which the Secretary classifies as covered equipment under section 6312(b) of this title. (2)(A) The term ‘‘industrial equipment’’ means any article of equipment referred to in subparagraph (B) of a type— (i) which in operation consumes, or is de- signed to consume, energy; (ii) which, to any significant extent, is dis- tributed in commerce for industrial or com- mercial use; and (iii) which is not a ‘‘covered product’’ as defined in section 6291(a)(2) of this title,