42 U.S.C. § 8501 — Congressional findings and purposes

Page 7617 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8501 (2) the utility plans to use natural gas as a primary energy source in any electric power- plant. (b) Submission and approval of plan The Secretary shall require each electric util- ity subject to this section to— (1) submit, within 1 year after August 13, 1981, and have approved by the Secretary, a conservation plan which meets the require- ments of subsection (c); and (2) implement such plan during the 5-year period beginning on the date of the initial ap- proval of such plan. (c) Contents of plan (1) Any conservation plan under this section shall set forth means determined by the utility to achieve conservation of electric energy not later than the 5th year after its initial approval at a level, measured on an annual basis, at least equal to 10 percent of the electric energy output of that utility during the most recent 4 calendar quarters ending prior to August 13, 1981, which is attributable to natural gas. (2) The conservation plan shall include— (A) all activities required for such utility by part 1 of title II of the National Energy Con- servation Policy Act [42 U.S.C. 8211 et seq.]; (B) an effective public information program for conservation; and (C) such other measures as the utility may consider appropriate. (3) Any such plan may set forth a program for the use of renewable energy sources (other than hydroelectric power). (4) Any such plan shall contain procedures to permit the amounts expended by such utility in developing and implementing the plan to be re- covered in a manner specified by the appropriate State regulatory authority (or by the utility in the case of a nonregulated utility). (d) Plan approval (1) The Secretary shall, by order, approve or disapprove any conservation plan proposed under this subsection 1 by an electric utility within 120 days after its submission. The Sec- retary shall approve any such proposed plan un- less the Secretary finds that such plan does not meet the requirements of subsection (c) and states in writing the reasons therefor. (2) In the event the Secretary disapproves under paragraph (1) the plan originally sub- mitted, the Secretary shall provide a reasonable period of time for resubmission. (3) An electric utility may amend any ap- proved plan, except that the plan as amended shall be subject to approval in accordance with paragraph (1). (Pub. L. 95–620, title VIII, § 808, as added Pub. L. 97–35, title X, § 1023(a), Aug. 13, 1981, 95 Stat. 616.) Editorial Notes REFERENCES IN TEXT The National Energy Conservation Policy Act, re- ferred to in subsec. (c)(2)(A), is Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3208. Part 1 of title II of the National En- ergy Conservation Policy Act was classified generally to part A (§ 8211 et seq.) of subchapter II of chapter 91 of this title, and was omitted from the Code pursuant to section 8229 of this title which terminated authority under that part June 30, 1989. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 8201 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as an Effective Date of 1981 Amend- ment note under section 6240 of this title. CHAPTER 93—EMERGENCY ENERGY CONSERVATION Sec. 8501. Congressional findings and purposes. 8502. Definitions. SUBCHAPTER I—EMERGENCY ENERGY CONSERVATION PROGRAM 8511. National and State emergency conservation targets. 8512. State emergency conservation plan. 8513. Standby Federal conservation plan. 8514. Judicial review. 8515. Reports. SUBCHAPTER II—OTHER AUTOMOBILE FUEL PURCHASE MEASURES 8521. Minimum automobile fuel purchase measures. 8522. Out-of-State vehicles to be exempted from odd-even motor fuel purchase restrictions. SUBCHAPTER III—STUDIES 8531. Study and report. 8532. Middle distillate monitoring program. SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS 8541. Administration. § 8501. Congressional findings and purposes (a) Findings The Congress finds that— (1) serious disruptions have recently oc- curred in the gasoline and diesel fuel markets of the United States; (2) it is likely that such disruptions will recur; (3) interstate commerce is significantly af- fected by those market disruptions; (4) an urgent need exists to provide for emer- gency conservation and other measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources in potentially short supply in order to cope with market dis- ruptions and protect interstate commerce; and (5) up-to-date and reliable information con- cerning the supply and demand of gasoline, diesel fuel, and other related data is not avail- able to the President, the Congress, or the public. (b) Purposes The purposes of this chapter are to— (1) provide a means for the Federal Govern- ment, States, and units of local government to establish emergency conservation measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources which may be in short supply; (2) establish other emergency measures to alleviate disruptions in gasoline and diesel fuel markets; (3) obtain data concerning such fuels; and Page 7618 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8502 1 See References in Text note below. (4) protect interstate commerce. (Pub. L. 96–102, title II, § 201, Nov. 5, 1979, 93 Stat. 757.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–102, title III, § 302, Nov. 5, 1979, 93 Stat. 770, provided that: ‘‘The amendments made by this Act [en- acting this chapter, amending sections 6262, 6263, and 6422 of this title, and enacting provisions set out as notes under this section and section 6261 of this title] shall take effect on the date of the enactment of this Act [Nov. 5, 1979].’’ SHORT TITLE Pub. L. 96–102, § 1(a), Nov. 5, 1979, 93 Stat. 749, provided that: ‘‘This Act [enacting this chapter, amending sec- tions 6261, 6262, 6263, and 6422 of this title, and enacting provisions set out as notes under this section and sec- tion 6261 of this title] may be cited as the ‘Emergency Energy Conservation Act of 1979’.’’ CONGRESSIONAL FINDINGS Pub. L. 96–102, title I, § 101, Nov. 5, 1979, 93 Stat. 750, provided that: ‘‘The Congress finds that— ‘‘(1) a standby rationing plan for gasoline and diesel fuel should provide, to the maximum extent prac- ticable, that the burden of reduced supplies of gaso- line and diesel fuel be shared by all persons in a fair and equitable manner and that the economic and so- cial impacts of such plan be minimized; and ‘‘(2) such a plan should be sufficiently flexible to re- spond to changed conditions and sufficiently simple to be effectively administered and enforced.’’ FUNDING FOR FISCAL YEARS 1979 AND 1980 Pub. L. 96–102, title III, § 301, Nov. 5, 1979, 93 Stat. 769, provided that: ‘‘For purposes of any law relating to ap- propriations or authorizations for appropriations as such law relates to the fiscal year ending September 30, 1979, or the fiscal year ending September 30, 1980, the provisions of this Act (including amendments made by this Act) [see Short Title note above] shall be treated as if it were a contingency plan under section 202 or 203 of the Energy Policy and Conservation Act [former sec- tions 6262 and 6263 of this title] which was approved in accordance with the procedures under that Act [see Short Title note set out under section 6201 of this title] or as otherwise provided by law, and funds made avail- able pursuant to such appropriations shall be available to carry out the provisions of this Act and the amend- ments made by this Act.’’ § 8502. Definitions For purposes of this chapter— (1) The term ‘‘severe energy supply interrup- tion’’, when used with respect to motor fuel or any other energy source, means a national en- ergy supply shortage of such energy source which the President determines— (A) is, or is likely to be, of significant scope and duration; (B) may cause major adverse impact on na- tional security or the national economy; and (C) results, or is likely to result, from an interruption in the energy supplies of the United States, including supplies of im- ported petroleum products, or from sabotage or an act of God. (2) The term ‘‘international energy pro- gram’’ has the meaning given that term in section 6202(7) of this title. (3) The term ‘‘motor fuel’’ means gasoline and diesel fuel. (4) The term ‘‘person’’ includes (A) any indi- vidual, (B) any corporation, company, associa- tion, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government or any agency of the United States or any State or political subdivision thereof. (5) The term ‘‘vehicle’’ means any vehicle propelled by motor fuel and manufactured pri- marily for use on public streets, roads, and highways. (6) The term ‘‘Secretary’’ means the Sec- retary of Energy. (7) The term ‘‘Governor’’ means the chief ex- ecutive officer of a State. (8) The term ‘‘State’’ means a State, the Dis- trict of Columbia, the Commonwealth of Puer- to Rico, or any territory or possession of the United States. (Pub. L. 96–102, title II, § 202, Nov. 5, 1979, 93 Stat. 757.) SUBCHAPTER I—EMERGENCY ENERGY CONSERVATION PROGRAM § 8511. National and State emergency conserva- tion targets (a) Determination and publication of targets (1) Whenever the President finds, with respect to any energy source for which the President de- termines a severe energy supply interruption ex- ists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program, the Presi- dent, in furtherance of the purposes of this chap- ter, may establish monthly emergency conserva- tion targets for any such energy source for the Nation generally and for each State. (2) Any finding of the President under para- graph (1) shall be promptly transmitted to the Congress, accompanied by such information and analysis as is necessary to provide the basis for such finding, and shall be disseminated to the public. (3)(A) The State conservation target for any energy source shall be equal to (i) the State base period consumption reduced by (ii) a uniform national percentage. (B) For the purposes of this subsection, the term ‘‘State base period consumption’’ means, for any month, the product of the following fac- tors, as determined by the President: (i) the consumption of the energy source for which a target is established during the cor- responding month in the 12-month period prior to the first month for which the target is es- tablished; and (ii) a growth adjustment factor, which shall be determined on the basis of the trends in the use in that State of such energy source during the 36-month period prior to the first month for which the target is established. (C)(i) The President shall adjust, to the extent he determines necessary, any State base period consumption to insure that achievement of a target established for that State under this sub- section will not impair the attainment of the objectives of section 753(b)(1) 1 of title 15.