42 U.S.C. § 8513 — Standby Federal conservation plan

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 Page 7622 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8514 (C) such measures would be approved under section 8512(c)(1)(B), (C), and (D) of this title. (3) If the Secretary approves measures under this subsection such Federal measure shall cease to be effective in that State or political subdivi- sion. Nothing in this paragraph shall affect any action or pending proceedings, administrative or civil, not finally determined on the date the Federal measure ceases to be effective in that State or political subdivision, nor any adminis- trative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such cessation of ef- fectiveness. (4) If the Secretary finds after a reasonable pe- riod of time that the requirements of this sub- section are not being met under the measures in effect under this subsection he may reimpose the Federal measure referred to in paragraph (1). (f) State authority to administer plan At the request of the Governor of any State, the President may provide that the administra- tion and enforcement of all or a portion of the standby Federal conservation plan made effec- tive in that State under subsection (b) be in ac- cordance with section 8512(d)(1), (2), and (4) of this title. (g) Presidential authority not to be delegated Notwithstanding any other provision of law (other than subsection (f)), the authority vested in the President under this section may not be delegated. (h) Requirements of plan The plan established under subsection (a) shall— (1) taken as a whole, be designed so that the plan, if implemented, would be likely to achieve the emergency conservation target under section 8511 of this title for which it would be implemented, (2) taken as a whole, be designed so as not to impose an unreasonably disproportionate share of the burden of restrictions on energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof, and (3) not contain any measure which the Sec- retary finds— (A) is inconsistent with any otherwise ap- plicable Federal law (including any rule or regulation under such law), (B) is an undue burden on interstate com- merce, (C) is a tax, tariff, or user fee, or (D) is a program for the assignment of rights for end-user purchases of gasoline or diesel fuel, as described in section 6263(a)(1)(A) and (B) 1 of this title. (i) Plan may not authorize weekend closings of retail gasoline stations (1) Except as provided in paragraph (2), the plan established under subsection (a) may not provide for the restriction of hours of sale of motor fuel at retail at any time between Friday noon and Sunday midnight. (2) Paragraph (1) shall not preclude the re- striction on such hours of sale if that restriction occurs in connection with a program for re- stricting hours of sale of motor fuel each day of the week on a rotating basis. (j) Civil penalties (1) Whoever violates the requirements of such a plan implemented under subsection (b) shall be subject to a civil penalty 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 under 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 that portion of the standby Federal conservation plan for which authority is delegated to that State under sub- section (f). (Pub. L. 96–102, title II, § 213, Nov. 5, 1979, 93 Stat. 762.) Editorial Notes REFERENCES IN TEXT Section 753 of title 15, referred to in subsec. (a)(2), was omitted from the Code pursuant to section 760g of Title 15, Commerce and Trade, which provided for the expiration of the President’s authority under that sec- tion on Sept. 30, 1981. Section 6263 of this title, referred to in subsec. (h)(3)(D), was repealed by Pub. L. 106–469, title I, § 104(1), Nov. 9, 2000, 114 Stat. 2033. § 8514. Judicial review (a) State actions (1) Any State may institute an action in the appropriate district court of the United States, including actions for declaratory judgment, for judicial review of— (A) any target established by the President under section 8511(a) of this title; (B) any finding by the President under sec- tion 8513(b)(1)(A) of this title, relating to the achievement of the emergency energy con- servation target of such State, or 8513(b)(2) of this title, relating to the achievement of the emergency energy conservation target of such State or the failure to carry out the assur- ances regarding implementation contained in an approved plan of such State; or (C) any determination by the Secretary dis- approving a State plan under section 8512(c) of this title, including any determination by the Secretary under section 8512(c)(1)(B) of this title that the plan is likely to impose an un- reasonably disproportionate share of the bur- den of restrictions of energy use on any spe- cific class of industry, business, or commercial enterprise, or any individual segment thereof. Such action shall be barred unless it is insti- tuted within 30 calendar days after the date of publication of the establishment of a target re- ferred to in subparagraph (A), the finding by the