42 U.S.C. § 6807a — Energy efficiency grants to State regu-

Page 6891 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6807a operated independently of any such utility regu- latory commission and which is empowered to— (1) make general factual assessments of the impact of proposed rate changes and other proposed regulatory actions upon all affected consumers; (2) assist consumers in the presentation of their positions before utility regulatory com- missions; and (3) advocate, on its own behalf, a position which it determines represents the position most advantageous to consumers, taking into account developments in rate design reform. (b) Grants subject to State assurances on funds Grants pursuant to subsection (a) of this sec- tion shall be made only to States which furnish such assurances as the Secretary may require that funds made available under such section will be in addition to, and not in substitution for, funds made available to offices of consumer services from other sources. (c) Offices established by Tennessee Valley Au- thority Assistance may be provided under this section to an office of consumer services established by the Tennessee Valley Authority, if such office is operated independently of the Tennessee Valley Authority. (Pub. L. 94–385, title II, § 205, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.) Editorial Notes AMENDMENTS 1978—Subsecs. (a), (b). Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Adminis- trator of the Federal Energy Administration. § 6806. Statement in annual report The Secretary shall include in each annual re- port submitted under section 7267 of this title a statement with respect to activities conducted under this subchapter and recommendations as to the need for and types of further Federal leg- islation. (Pub. L. 94–385, title II, § 206, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95–617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134; Pub. L. 96–470, title II, § 203(g), Oct. 19, 1980, 94 Stat. 2243.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–470 substituted ‘‘The Secretary shall include in each annual report submitted under section 7267 of this title a statement’’ for ‘‘Not later than the last day in December in each year, the Secretary shall transmit to the Congress a report’’. 1978—Pub. L. 95–617 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration. § 6807. State utility regulatory assistance (a) Grants to State utility regulatory commis- sions and nonregulated electric utilities The Secretary may make grants to State util- ity regulatory commissions and nonregulated electric utilities (as defined in the Public Util- ity Regulatory Policies Act of 1978 [16 U.S.C. 2602]) to carry out duties and responsibilities under titles I [16 U.S.C. 2601 et seq.] and III [15 U.S.C. 3201 et seq.], and section 210 [16 U.S.C. 824a–3], of the Public Utility Regulatory Policies Act of 1978. No grant may be made under this section to any Federal agency. (b) Unnecessary requirements prohibited Any requirements established by the Sec- retary with respect to grants under this section may be only such requirements as are necessary to assure that such grants are expended solely to carry out duties and responsibilities referred to in subsection (a) or such as are otherwise re- quired by law. (c) Application for grant No grant may be made under this section un- less an application for such grant is submitted to the Secretary in such form and manner as the Secretary may require. The Secretary may not approve an application of a State utility regu- latory commission or nonregulated electric util- ity unless such commission or nonregulated electric utility assures the Secretary that funds made available under this section will be in ad- dition to, and not in substitution for, funds made available to such commission or nonregu- lated electric utility from other governmental sources. (d) Apportionment of funds The funds appropriated for purposes of this section shall be apportioned among the States in such manner that grants made under this sec- tion in each State shall not exceed the lesser of— (1) the amount determined by dividing equally among all States the total amount available under this section for such grants, or (2) the amount which the Secretary is au- thorized to provide pursuant to subsections (b) and (c) of this section for such State. (Pub. L. 94–385, title II, § 207, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95–617, title I, § 141, Nov. 9, 1978, 92 Stat. 3133.) Editorial Notes REFERENCES IN TEXT The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. Title I of such Act is classified principally to chapter 46 (§ 2601 et seq.) of Title 16, Conservation, and title III of such Act is classified generally to chap- ter 59 (§ 3201 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16 and Tables. AMENDMENTS 1978—Pub. L. 95–617 substituted provisions relating to grants to State utility regulatory commissions and nonregulated electric utilities for provisions author- izing appropriations to carry out this subchapter. § 6807a. Energy efficiency grants to State regu- latory authorities (a) Energy efficiency grants The Secretary is authorized in accordance with the provisions of this section to provide Page 6892 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6808 grants to State regulatory authorities in an amount not to exceed $250,000 per authority, for purposes of encouraging demand-side manage- ment including energy conservation, energy effi- ciency and load management techniques and for meeting the requirements of paragraphs (7), (8), and (9) of section 2621(d) of title 16 and as a means of meeting gas supply needs and to meet the requirements of paragraphs (3) and (4) of sec- tion 3203(b) of title 15. Such grants may be uti- lized by a State regulatory authority to provide financial assistance to nonprofit subgrantees of the Department of Energy’s Weatherization As- sistance Program in order to facilitate partici- pation by such subgrantees in proceedings of such regulatory authority to examine energy conservation, energy efficiency, or other de- mand-side management programs. (b) Plan A State regulatory authority wishing to re- ceive a grant under this section shall submit a plan to the Secretary that specifies the actions such authority proposes to take that would achieve the purposes of this section. (c) Secretarial action (1) In determining whether, and in what amount, to provide a grant to a State regulatory authority under this section the Secretary shall consider, in addition to other appropriate fac- tors, the actions proposed by the State regu- latory authority to achieve the purposes of this section and to consider implementation of the ratemaking standards established in— (A) paragraphs (7), (8) and (9) of section 2621(d) of title 16; or (B) paragraphs (3) and (4) of section 3203(b) of title 15. (2) Such actions— (A) shall include procedures to facilitate the participation of grantees and nonprofit sub- grantees of the Department of Energy’s Weatherization Assistance Program in pro- ceedings of such regulatory authorities exam- ining demand-side management programs; and (B) shall provide for coverage of the cost of such grantee and subgrantees’ participation in such proceedings. (d) Recordkeeping Each State regulatory authority that receives a grant under this section shall keep such records as the Secretary shall require. (e) ‘‘State regulatory authority’’ defined For purposes of this section, the term ‘‘State regulatory authority’’ shall have the same meaning as provided by section 2602 of title 16 in the case of electric utilities, and such term shall have the same meaning as provided by section 3202 of title 15 in the case of gas utilities, except that in the case of any State without a state- wide ratemaking authority, such term shall mean the State energy office. (f) Authorization There are authorized to be appropriated $5,000,000 for each of the fiscal years 1994, 1995 and 1996 to carry out the purposes of this sec- tion. (Pub. L. 102–486, title I, § 112, Oct. 24, 1992, 106 Stat. 2797.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Policy Act of 1992, and not as part of the Energy Conservation and Production Act which comprises this chapter. § 6808. Authorization of appropriations There are authorized to be appropriated— (1) not to exceed $40,000,000 for each of the fiscal years 1979 and 1980 to carry out section 6807 of this title (relating to State utility reg- ulatory assistance); (2) not to exceed $10,000,000 for each of the fiscal years 1979 and 1980 to carry out section 6805 of this title (relating to State offices of consumer services); and (3) not to exceed $8,000,000 for the fiscal year 1979, and $10,000,000 for the fiscal year 1980 to carry out section 6804(1)(B) of this title (relat- ing to innovative rate structures). (Pub. L. 94–385, title II, § 208, as added Pub. L. 95–617, title II, § 142, Nov. 9, 1978, 92 Stat. 3134.) SUBCHAPTER II—ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS § 6831. Congressional findings and purpose (a) The Congress finds that— (1) large amounts of fuel and energy are con- sumed unnecessarily each year in heating, cooling, ventilating, and providing domestic hot water for newly constructed residential and commercial buildings because such build- ings lack adequate energy conservation fea- tures; (2) Federal voluntary performance standards for newly constructed buildings can prevent such waste of energy, which the Nation can no longer afford in view of its current and antici- pated energy shortage; (3) the failure to provide adequate energy conservation measures in newly constructed buildings increases long-term operating costs that may affect adversely the repayment of, and security for, loans made, insured, or guar- anteed by Federal agencies or made by feder- ally insured or regulated instrumentalities; and (4) State and local building codes or similar controls can provide an existing means by which to assure, in coordination with other building requirements and with a minimum of Federal interference in State and local trans- actions, that newly constructed buildings con- tain adequate energy conservation features. (b) The purposes of this subchapter, therefore, are to— (1) redirect Federal policies and practices to assure that reasonable energy conservation features will be incorporated into new com- mercial and residential buildings receiving Federal financial assistance; (2) provide for the development and imple- mentation, as soon as practicable, of vol- untary performance standards for new residen- tial and commercial buildings which are de- signed to achieve the maximum practicable improvements in energy efficiency and in- creases in the use of nondepletable sources of energy; and