42 U.S.C. § 8512 — State emergency conservation plan

Page 7619 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8512 (ii) The President may, to the extent he deter- mines appropriate, further adjust any State base period consumption to reflect— (I) reduction in energy consumption already achieved by energy conservation programs; (II) energy shortages which may affect en- ergy consumption; and (III) variations in weather from seasonal norms. (D) For purposes of this subsection, the uni- form national percentage shall be designed by the President to minimize the impact on the do- mestic economy of the projected shortage in the energy source for which a target is established by saving an amount of such energy source equivalent to the projected shortage, taking into consideration such other factors related to that shortage as the President considers appro- priate. (b) Notification and publication of targets The President shall notify the Governor of each State of each target established under sub- section (a) for that State, and shall publish in the Federal Register, the targets, the base pe- riod consumption for each State and other data on which the targets are based, and the factors considered under subsection (a)(3). (c) Establishment of targets for Federal agencies In connection with the establishment of any national target under subsection (a) the Presi- dent shall make effective an emergency energy conservation plan for the Federal Government, which plan shall be designed to achieve an equal or greater reduction in use of the energy source for which a target is established than the na- tional percentage referred to in subsection (a)(3)(D). Such plan shall contain measures which the President will implement, in accord- ance with other applicable provisions of law, to reduce on an emergency basis the use of energy by the Federal Government. In developing such plan the President shall consider the potential for emergency reductions in energy use— (1) by buildings, facilities, and equipment owned, leased, or under contract by the Fed- eral Government; and (2) by Federal employees and officials through increased use of car and van pooling, preferential parking for multipassenger vehi- cles, and greater use of mass transit. (d) Review of targets (1) From time to time, the President shall re- view and, consistent with subsection (a), modify to the extent the President considers appro- priate the national and State energy conserva- tion targets established under this subsection. (2) Any modification under this paragraph shall be accompanied by such information and analysis as is necessary to provide the basis therefor and shall be available to the Congress and the public. (3)(A) Before the end of the 12th month fol- lowing the establishment of any conservation target under this section, and annually there- after while such target is in effect, the President shall determine, for the energy source for which that target was established, whether a severe energy supply interruption exists or is immi- nent or that actions to restrain domestic energy demand are required in order to fulfill the obli- gations of the United States under the inter- national energy program. The President shall transmit to the Congress and make public the information and other data on which any deter- mination under this subparagraph is based. (B) If the President determines such an energy supply interruption does not exist or is not im- minent or such actions are not required, the conservation targets established under this sec- tion with respect to such energy source shall cease to be effective. (e) Determination and publication of actual con- sumption nationally and State-by-State Each month the Secretary shall determine and publish in the Federal Register (1) the level of consumption for the most recent month for which the President determines accurate data is available, nationally and for each State, of any energy source for which a target under sub- section (a) is in effect, and (2) whether the tar- gets under subsection (a) have been substan- tially met or are likely to be met. (f) Presidential authority not to be delegated Notwithstanding any other provision of law, the authority vested in the President under this section may not be delegated. (Pub. L. 96–102, title II, § 211, Nov. 5, 1979, 93 Stat. 758.) Editorial Notes REFERENCES IN TEXT Section 753 of title 15, referred to in subsec. (a)(3)(C)(i), was omitted from the Code pursuant to sec- tion 760g of Title 15, Commerce and Trade, which pro- vided for the expiration of the President’s authority under that section on Sept. 30, 1981. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (d)(3)(A) of this section is listed in the 19th item on page 19), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 8512. State emergency conservation plan (a) State emergency conservation plans (1)(A) Not later than 45 days after the date of the publication of an energy conservation target for a State under section 8511(b) of this title, the Governor of that State shall submit to the Sec- retary a State emergency conservation plan de- signed to meet or exceed the emergency con- servation target in effect for that State under section 8511(a) of this title. Such plan shall con- tain such information as the Secretary may rea- sonably require. At any time, the Governor may, with the approval of the Secretary, amend a plan established under this section. (B) The Secretary may, for good cause shown, extend to a specific date the period for the sub- mission of any State’s plan under subparagraph (A) if the Secretary publishes in the Federal Register notice of that extension together with the reasons therefor. Page 7620 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8512 (2) Each State is encouraged to submit to the Secretary a State emergency conservation plan as soon as possible after November 5, 1979, and in advance of such publication of any such target. The Secretary may tentatively approve such a plan in accordance with the provisions of this section. For the purposes of this subchapter such tentative approval shall not be construed to result in a delegation of Federal authority to administer or enforce any measure contained in a State plan. (b) Conservation measures under State plans (1) Each State emergency conservation plan under this section shall provide for emergency reduction in the public and private use of each energy source for which an emergency conserva- tion target is in effect under section 8511 of this title. Such State plan shall contain adequate as- surances that measures contained therein will be effectively implemented in that State. Such plan may provide for reduced use of that energy source through voluntary programs or through the application of one or more of the following measures described in such plan: (A) measures which are authorized under the laws of that State and which will be adminis- tered and enforced by officers and employees of the State (or political subdivisions of the State) pursuant to the laws of such State (or political subdivisions); and (B) measures— (i) which the Governor requests, and agrees to assume, the responsibility for ad- ministration and enforcement in accordance with subsection (d); (ii) which the attorney general of that State has found that (I) absent a delegation of authority under Federal law, the Gov- ernor lacks the authority under the laws of the State to invoke, (II) under applicable State law, the Governor and other appro- priate State officers and employees are not prevented from administering and enforcing under a delegation of authority pursuant to Federal law; and (III) if implemented, would not be contrary to State law; and (iii) which either the Secretary determines are contained in the standby Federal con- servation plan established under section 8513 of this title or are approved by the Sec- retary, in his discretion. (2) In the preparation of such plan (and any amendment to the plan) the Governor shall, to the maximum extent practicable, provide for consultation with representatives of affected businesses and local governments and provide an opportunity for public comment. (3) Any State plan submitted to the Secretary under this section may permit persons affected by any measure in such plan to use alternative means of conserving at least as much energy as would be conserved by such measure. Such plan shall provide an effective procedure, as deter- mined by the Secretary, for the approval and en- forcement of such alternative means by such State or by any political subdivision of such State. (c) Approval of State plans (1) As soon as practicable after the date of the receipt of any State plan, but in no event later than 30 days after such date, the Secretary shall review such plan and shall approve it unless the Secretary finds— (A) that, taken as a whole, the plan is not likely to achieve the emergency conservation target established for that State under section 8511(a) of this title for each energy source in- volved, (B) that, taken as a whole, the plan is likely to impose an unreasonably disproportionate share of the burden of restrictions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof, (C) that the requirements of this subchapter regarding the plan have not been met, or (D) that a measure described in subsection (b)(1) is— (i) inconsistent with any otherwise appli- cable Federal law (including any rule or reg- ulation under such law), (ii) an undue burden on interstate com- merce, or (iii) a tax, tariff, or user fee not authorized by State law. (2) Any measure contained in a State plan shall become effective in that State on the date the Secretary approves the plan under this sub- section or such later date as may be prescribed in, or pursuant to, the plan. (d) State administration and enforcement (1) The authority to administer and enforce any measure described in subsection (b)(1)(B) which is in a State plan approved under this sec- tion is hereby delegated to the Governor of the State and the other State and local officers and employees designated by the Governor. Such au- thority includes the authority to institute ac- tions on behalf of the United States for the im- position and collection of civil penalties under subsection (e). (2) All delegation of authority under para- graph (1) with respect to any State shall be con- sidered revoked effective upon a determination by the President that such delegation should be revoked, but only to the extent of that deter- mination. (3) If at any time the conditions of subsection (b)(1)(B)(ii) are no longer satisfied in any State with respect to any measure for which a delega- tion has been made under paragraph (1), the at- torney general of that State shall transmit a written statement to that effect to the Governor of that State and to the President. Such delega- tion shall be considered revoked effective upon receipt by the President of such written state- ment and a determination by the President that such conditions are no longer satisfied, but only to the extent of that determination and con- sistent with such attorney general’s statement. (4) Any revocation under paragraph (2) or (3) shall not affect any action or pending pro- ceedings, administrative or civil, not finally de- termined on the date of such revocation, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such revocation. (e) Civil penalty (1) Whoever violates the requirements of any measure described in subsection (b)(1)(B) of this Page 7621 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8513 1 See References in Text note below. 2 So in original. No par. (2) has been enacted. section which is in a State plan in effect under this section shall be subject to a civil penalty of not to exceed $1,000 for each violation. (2) Any penalty under paragraph (1) may be as- sessed by the court in any action brought in any appropriate United States district court or any other court of competent jurisdiction. Except to the extent provided in paragraph (3), any such penalty collected shall be deposited into the general fund of the United States Treasury as miscellaneous receipts. (3) The Secretary may enter into an agree- ment with the Governor of any State under which amounts collected pursuant to this sub- section may be collected and retained by the State to the extent necessary to cover costs in- curred by that State in connection with the ad- ministration and enforcement of measures the authority for which is delegated under sub- section (d). (Pub. L. 96–102, title II, § 212, Nov. 5, 1979, 93 Stat. 759.) § 8513. Standby Federal conservation plan (a) Establishment of standby conservation plan (1) Within 90 days after November 5, 1979, the Secretary, in accordance with section 7191 of this title, shall establish a standby Federal emergency conservation plan. The Secretary may amend such plan at any time, and shall make such amendments public upon their adop- tion. (2) The plan under this section shall be con- sistent with the attainment of the objectives of section 753(b)(1) 1 of title 15, and shall provide for the emergency reduction in the public and pri- vate use of each energy source for which an emergency conservation target is in effect or may be in effect under section 8511 of this title. (b) Implementation of standby conservation plan (1) If the President finds— (A) after a reasonable period of operation, but not less than 90 days, that a State emer- gency conservation plan approved and imple- mented under section 8512 of this title is not substantially meeting a conservation target established under section 8511(a) of this title for such State and it is likely that such target will continue to be unmet; and (B) a shortage exists or is likely to exist in such State for the 60-day period beginning after such finding that is equal to or greater than 8 percent of the projected normal de- mand, as determined by the President, for an energy source for which such conservation tar- get has been established under section 8511(a) of this title; then the President shall, after consultation with the Governor of such State, make effective in such State all or any part of the standby Fed- eral conservation plan established under sub- section (a) for such period or periods as the President determines appropriate to achieve the target in that State. (2) If the President finds after a reasonable pe- riod of time, that the conservation target estab- lished under section 8511(a) of this title is not being substantially met and it is likely that such target will continue to be unmet in a State which— (A) has no emergency conservation plan ap- proved under section 8512 of this title; or (B) the President finds has substantially failed to carry out the assurances regarding implementation set forth in the plan approved under section 8512 of this title, then the President shall, after consultation with the Governor of such State, make effective in such State all or any part of the standby Fed- eral conservation plan established under sub- section (a) for such period or periods as the President determines appropriate to achieve the target in that State. (c) Basis for findings Any finding under subsection (b) shall be ac- companied by such information and analysis as is necessary to provide a basis therefor and shall be available to the Congress and the public. (d) Submission of State emergency conservation plan (1) 2 The Governor of a State in which all or any portion of the standby Federal conservation plan is or will be in effect may submit at any time a State emergency conservation plan, and if it is approved under section 8512(c) of this title, all or such portion of the standby Federal conservation plan shall cease to be effective in that State. Nothing in this paragraph shall af- fect any action or pending proceedings, adminis- trative or civil, not finally determined on such date, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such cessation of effectiveness. (e) State substitute emergency conservation measures (1) After the President makes all or any part of the standby Federal conservation plan effec- tive in any State or political subdivision under subsection (b), the Secretary shall provide pro- cedures whereby such State or any political sub- division thereof may submit to the Secretary for approval one or more measures under authority of State or local law to be implemented by such State or political subdivision and to be sub- stituted for any Federal measure in the Federal plan. The measures may include provisions whereby persons affected by such Federal meas- ure are permitted to use alternative means of conserving at least as much energy as would be conserved by such Federal measure. Such meas- ures shall provide effective procedures, as deter- mined by the Secretary, for the approval and en- forcement of such alternative means by such State or by any political subdivision thereof. (2) The Secretary may approve the measures under paragraph (1) if he finds— (A) that such measures when in effect will conserve at least as much energy as would be conserved by such Federal measure which would have otherwise been in effect in such State or political subdivision; (B) such measures otherwise meet the re- quirements of this paragraph; and