42 U.S.C. § 8502 — Definitions

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.