42 U.S.C. § 6324 — State energy efficiency goals

Page 6783 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6325 Editorial Notes REFERENCES IN TEXT The Energy Policy and Conservation Act, referred to in text, is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Part D of title III of the Energy Policy and Conservation Act, as amended, is classified generally to this part (§ 6321 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1985, as enacted by Pub. L. 98–473, and not as part of the En- ergy Policy and Conservation Act which comprises this chapter. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation act: Pub. L. 98–146, title II, Nov. 4, 1983, 97 Stat. 942. § 6324. State energy efficiency goals Each State energy conservation plan with re- spect to which assistance is made available under this part on or after August 8, 2005, shall contain a goal, consisting of an improvement of 25 percent or more in the efficiency of use of en- ergy in the State concerned in calendar year 2012 as compared to calendar year 1990, and may contain interim goals. (Pub. L. 94–163, title III, § 364, Dec. 22, 1975, 89 Stat. 935; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 101–440, § 2(a)(1), Oct. 18, 1990, 104 Stat. 1006; Pub. L. 109–58, title I, § 123(b), Aug. 8, 2005, 119 Stat. 616.) Editorial Notes AMENDMENTS 2005—Pub. L. 109–58 reenacted section catchline with- out change and amended text generally. Prior to amendment, text read as follows: ‘‘Each State energy conservation plan with respect to which assistance is made available under this part on or after October 1, 1991, shall contain a goal, consisting of an improvement of 10 percent or more in the efficiency of use of energy in the State concerned in the calendar year 2000 as compared to the calendar year 1990, and may contain interim goals.’’ 1990—Pub. L. 101–440 amended section generally. Prior to amendment, section read as follows: ‘‘Upon the basis of the reports submitted pursuant to this part and such other information as is available, the Secretary shall, at the earliest practicable date, set an energy conserva- tion goal for each State for 1980 and may set interim goals. Such goal or goals shall consist of the maximum reduction in the consumption of energy during any year as a result of the implementation of the State en- ergy conservation plan described in section 6322(b) of this title which is consistent with technological feasi- bility, financial resources, and economic objectives, by comparison with the projected energy consumption for such State in such year. The Secretary shall specify the assumptions used in the determination of the pro- jected energy consumption in each State, taking into account population trends, economic growth, and the effects of national energy conservation programs.’’ 1978—Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. § 6325. General provisions (a) Rules The Secretary may prescribe such rules as may be necessary or appropriate to carry out his authority under this part. (b) Departmental consultation In carrying out the provisions of sections 6322 and 6324 of this title and subsection (a) of sec- tion 6323 of this title, the Secretary shall con- sult with appropriate departments and Federal agencies. (c) Annual report The Secretary shall, as part of the report re- quired under section 7267 of this title, report to the President and the Congress, and shall fur- nish copies of such report to the Governor of each State, on the operation of the program under this part. Such report shall include an es- timate of the energy conservation achieved, the degree of State participation and achievement, a description of innovative conservation programs undertaken by individual States, and the rec- ommendations of the Secretary, if any, for addi- tional legislation. (d) Duty of Federal Trade Commission to prevent unfair or deceptive practices or acts relating to implementation of energy measures The Federal Trade Commission shall (1) co- operate with and assist State agencies which have primary responsibilities for the protection of consumers in activities aimed at preventing unfair and deceptive acts or practices affecting commerce which relate to the implementation of measures likely to conserve, or improve effi- ciency in the use of, energy, including energy conservation measures and renewable-resource energy measures, and (2) undertake its own pro- gram, pursuant to the Federal Trade Commis- sion Act [15 U.S.C. 41 et seq.], to prevent unfair or deceptive acts or practices affecting com- merce which relate to the implementation of any such measures. (e) List of energy measures eligible for financial assistance; designation of types and require- ments of energy audits Within 90 days after August 14, 1976, the Sec- retary shall— (1) develop, by rule after consultation with the Secretary of Housing and Urban Develop- ment, and publish a list of energy conserva- tion measures and renewable-resource energy measures which are eligible (on a national or regional basis) for financial assistance pursu- ant to section 1701z–8 of title 12 or section 6881 of this title; (2) designate, by rule, the types of, and re- quirements for, energy audits. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2022 through 2026. (2) Distribution Amounts made available under paragraph (1)— (A) shall be distributed to the States in ac- cordance with the applicable distribution formula in effect on January 1, 2021; and