42 U.S.C. § 6831 — Congressional findings and purpose

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 Page 6893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6832 (3) encourage States and local governments to adopt and enforce such standards through their existing building codes and other con- struction control mechanisms, or to apply them through a special approval process. (Pub. L. 94–385, title III, § 302, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621.) Editorial Notes AMENDMENTS 1981—Subsecs. (a)(2), (b)(2). Pub. L. 97–35 inserted ‘‘voluntary’’ before ‘‘performance standards’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as a note under section 6240 of this title. SHORT TITLE For short title of this subchapter as the ‘‘Energy Con- servation Standards for New Buildings Act of 1976’’, see section 301 of Pub. L. 94–385, set out as a note under sec- tion 6801 of this title. § 6832. Definitions Except as otherwise provided, in this sub- chapter: (1) Omitted (2) The term ‘‘building’’ means any structure to be constructed which includes provision for a heating or cooling system, or both, or for a hot water system. (3) The term ‘‘building code’’ means a legal instrument which is in effect in a State or unit of general purpose local government, the provisions of which must be adhered to if a building is to be considered to be in conform- ance with law and suitable for occupancy and use. (4) The term ‘‘commercial building’’ means any building other than a residential building, including any building developed for industrial or public purposes. (5) The term ‘‘Federal agency’’ means any department, agency, corporation, or other en- tity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Fed- eral Home Loan Mortgage Corporation. (6) The term ‘‘Federal building’’ means any building to be constructed by, or for the use of, any Federal agency. Such term shall in- clude buildings built for the purpose of being leased by a Federal agency, and privatized military housing. (7) The term ‘‘Federal financial assistance’’ means (A) any form of loan, grant, guarantee, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assist- ance (other than general or special revenue sharing or formula grants made to States) ap- proved by any Federal officer or agency; or (B) any loan made or purchased by any bank, sav- ings and loan association, or similar institu- tion subject to regulation by the Board of Gov- ernors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, or the Na- tional Credit Union Administration. (8) The term ‘‘National Institute of Building Sciences’’ means the institute established by section 1701j–2 of title 12. (9) The term ‘‘residential building’’ means any structure which is constructed and devel- oped for residential occupancy. (10) The term ‘‘Secretary’’ means the Sec- retary of Energy. (11) The term ‘‘State’’ includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any terri- tory and possession of the United States. (12) The term ‘‘unit of general purpose local government’’ means any city, county, town, municipality, or other political subdivision of a State (or any combination thereof), which has a building code or similar authority over a particular geographic area. (13) The term ‘‘Federal building energy standards’’ means energy consumption objec- tives to be met without specification of the methods, materials, or equipment to be em- ployed in achieving those objectives, but in- cluding statements of the requirements, cri- teria, and evaluation methods to be used, and any necessary commentary. (14) The term ‘‘voluntary building energy code’’ means a building energy code developed and updated through a consensus process among interested persons, such as that used by the Council of American Building Officials; the American Society of Heating, Refrig- erating, and Air-Conditioning Engineers; or other appropriate organizations. (15) The term ‘‘CABO’’ means the Council of American Building Officials. (16) The term ‘‘ASHRAE’’ means the Amer- ican Society of Heating, Refrigerating, and Air-Conditioning Engineers. (Pub. L. 94–385, title III, § 303, Aug. 14, 1976, 90 Stat. 1145; Pub. L. 95–91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 97–35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100–242, title V, § 570(c), Feb. 5, 1988, 101 Stat. 1950; Pub. L. 102–486, title I, § 101(a)(1), Oct. 24, 1992, 106 Stat. 2782; Pub. L. 110–140, title IV, § 433(b), Dec. 19, 2007, 121 Stat. 1614; Pub. L. 117–58, div. D, title V, § 40511(b), Nov. 15, 2021, 135 Stat. 1059.) Editorial Notes CODIFICATION Par. (1) of this section which read ‘‘The term ‘Admin- istrator’ means the Administrator of the Federal En- ergy Administration; except that after such Adminis- tration ceases to exist, such term means any officer of the United States designated by the President for pur- poses of this subchapter’’ has been omitted in view of the termination of the Federal Energy Administration and the transfer of its functions and the functions of the Administrator thereof (with certain exceptions) to the Secretary of Energy pursuant to sections 301(a), 703, and 707 of Pub. L. 95–91, which are classified to sec- tions 7151(a), 7293, and 7297 of this title and the fact that the term ‘‘Secretary’’ is defined for the purposes of this subchapter by par. (10) of this section. In this