42 U.S.C. § 6325 — General provisions

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 Page 6784 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6325 (B) shall not be subject to the matching requirement described in section 6323a of this title. (g) State Energy Advisory Board (1)(A) There is hereby established within the Department of Energy a State Energy Advisory Board (hereafter in this subsection referred to as the ‘‘Board’’) which shall consist of at least 18 and not more than 21 members appointed by the Secretary as soon as practicable but no later than September 30, 1991. At least eight of the members of the Board shall be persons who serve as directors of the State agency, or a division of such agency, responsible for developing State energy conservation plans pursuant to section 6322 of this title. At least four members shall be directors of State or local low income weather- ization assistance programs. Other members shall be appointed from persons who have expe- rience in energy efficiency or renewable energy programs from the private sector, consumer in- terest groups, utilities, public utility commis- sions, educational institutions, financial insti- tutions, local government energy programs, or research institutions. A majority of the mem- bers of the Board shall be State employees. (B)(i) Except as provided in clause (ii), the members of the Board shall serve a term of three years. (ii) Of the members first appointed to the Board, one-third shall serve a term of one year, one-third shall serve a term of two years, and the remainder shall serve a term of three years, as specified by the Secretary. (2) The Board shall— (A) make recommendations to the Assistant Secretary for Conservation and Renewable En- ergy within the Department of Energy with re- spect to— (i) the energy efficiency goals and objec- tives of the programs carried out under this part, part E of this subchapter, and under part A of title IV of the Energy Conservation and Production Act [42 U.S.C. 6861 et seq.]; and (ii) programmatic and administrative poli- cies designed to strengthen and improve the programs referred to in clause (i), including actions that should be considered to encour- age non-Federal resources (including private resources) to supplement Federal financial assistance; (B) serve as a liaison between the States and such Department on energy efficiency and re- newable energy resource programs; and (C) encourage transfer of the results of re- search and development activities carried out by the Federal Government with respect to en- ergy efficiency and renewable energy resource technologies. (3) The Secretary shall designate one of the members of the Board to serve as its chairman and one to serve as its vice-chairman. The chair- man and vice-chairman shall serve in those of- fices no longer than two years. (4) The Secretary shall provide the Board with such reasonable services and facilities as may be necessary for the performance of its functions. (5) The Board shall be nonpartisan. (6) The Board may adopt administrative rules and procedures and may elect one of its mem- bers secretary of the Board. (7) Consistent with Federal regulations, the Secretary shall reimburse members of the Board for expenses (including travel expenses) nec- essarily incurred by them in the performance of their duties. (8) The Board shall meet at least twice a year and shall submit an annual report to the Sec- retary and the Congress on the activities carried out by the Board in the previous fiscal year, in- cluding an accounting of the expenses reim- bursed under paragraph (7) with respect to the year for which the report is made and any rec- ommendations it may have for administrative or legislative changes concerning the matters referred to in subparagraphs (A), (B), and (C) of paragraph (2). (9) The Board shall continue until terminated by law. (Pub. L. 94–163, title III, § 365, Dec. 22, 1975, 89 Stat. 935; Pub. L. 94–385, title IV, § 432(d), Aug. 14, 1976, 90 Stat. 1162; Pub. L. 95–619, title VI, §§ 621, 691(b)(2), Nov. 9, 1978, 92 Stat. 3283, 3288; Pub. L. 101–440, §§ 5, 8(a), Oct. 18, 1990, 104 Stat. 1009, 1015; Pub. L. 102–486, title I, § 141(a)(2), Oct. 24, 1992, 106 Stat. 2841; Pub. L. 104–66, title I, § 1052(f), Dec. 21, 1995, 109 Stat. 718; Pub. L. 105–388, § 2(a), Nov. 13, 1998, 112 Stat. 3477; Pub. L. 109–58, title I, § 123(c), Aug. 8, 2005, 119 Stat. 617; Pub. L. 110–140, title V, § 531, Dec. 19, 2007, 121 Stat. 1665; Pub. L. 117–58, div. D, title I, § 40109(c), Nov. 15, 2021, 135 Stat. 944.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in subsec. (d), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see sec- tion 58 of Title 15 and Tables. The Energy Conservation and Production Act, re- ferred to in subsec. (g)(2)(A)(i), is Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1125. Part A of title IV of the Act is classified generally to part A (§ 6861 et seq.) of sub- chapter III of chapter 81 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6801 of this title and Tables. AMENDMENTS 2021—Subsec. (f). Pub. L. 117–58 added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: ‘‘For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for each of fiscal years 2007 through 2012.’’ 2007—Subsec. (f). Pub. L. 110–140 substituted ‘‘$125,000,000 for each of fiscal years 2007 through 2012’’ for ‘‘$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008’’. 2005—Subsec. (f). Pub. L. 109–58 substituted ‘‘$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008’’ for ‘‘for fiscal years 1999 through 2003 such sums as may be necessary’’. 1998—Subsec. (f). Pub. L. 105–388 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as fol- lows: ‘‘(f)(1) Except as provided in paragraph (2), for the purpose of carrying out this part, there are authorized to be appropriated not to exceed $25,000,000 for fiscal year 1991, $35,000,000 for fiscal year 1992, and $45,000,000 for fiscal year 1993. Page 6785 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6326 ‘‘(2) For the purposes of carrying out section 6323(f) of this title, there is authorized to be appropriated for fis- cal year 1994 and each fiscal year thereafter such sums as may be necessary, to remain available until ex- pended.’’ 1995—Subsec. (c). Pub. L. 104–66 substituted ‘‘, as part of the report required under section 7267 of this title, report’’ for ‘‘report annually’’ in first sentence. 1992—Subsec. (f). Pub. L. 102–486 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2), for the purpose’’ for ‘‘For the pur- pose’’, and added par. (2). 1990—Subsec. (f). Pub. L. 101–440, § 8(a), amended sub- sec. (f) generally. Prior to amendment, subsec. (f) read as follows: ‘‘There are authorized to be appropriated for carrying out the provisions of this part (other than sec- tion 6327 of this title) $50,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977, $50,000,000 for fiscal year 1978, and $50,000,000 for fiscal year 1979.’’ Subsec. (g). Pub. L. 101–440, § 5, added subsec. (g). 1978—Subsecs. (a) to (c), (e). Pub. L. 95–619, § 691(b)(2), substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Subsec. (f). Pub. L. 95–619, § 621, authorized to be ap- propriated $50,000,000 for fiscal year 1979. 1976—Subsec. (d). Pub. L. 94–385, § 432(d)(1), (2), added subsec. (d). Former subsec. (d) redesignated (f). Subsec. (e). Pub. L. 94–385, § 432(d)(2), added subsec. (e). Subsec. (f). Pub. L. 94–385, § 432(d)(1), (3), redesignated former subsec. (d) as (f) and inserted ‘‘(other than sec- tion 6327 of this title)’’ after ‘‘part’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 16th item on page 87 identifies a reporting provision which, as subse- quently amended, is contained in subsec. (c) of this sec- tion and in which the 14th item on page 91 identifies a reporting provision in subsec. (g)(8) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. § 6326. State energy security plans (a) Definitions In this section: (1) Bulk-power system The term ‘‘bulk-power system’’ has the meaning given the term in section 824o(a) of title 16. (2) State energy security plan The term ‘‘State energy security plan’’ means a State energy security plan described in subsection (b). (b) Financial assistance for State energy security plans Federal financial assistance made available to a State under this part may be used for the de- velopment, implementation, review, and revi- sion of a State energy security plan that— (1) assesses the existing circumstances in the State; and (2) proposes methods to strengthen the abil- ity of the State, in consultation with owners and operators of energy infrastructure in the State— (A) to secure the energy infrastructure of the State against all physical and cybersecurity threats; (B)(i) to mitigate the risk of energy supply disruptions to the State; and (ii) to enhance the response to, and recov- ery from, energy disruptions; and (C) to ensure that the State has reliable, secure, and resilient energy infrastructure. (c) Contents of plan A State energy security plan shall— (1) address all energy sources and regulated and unregulated energy providers; (2) provide a State energy profile, including an assessment of energy production, trans- mission, distribution, and end-use; (3) address potential hazards to each energy sector or system, including— (A) physical threats and vulnerabilities; and (B) cybersecurity threats and vulnerabilities; (4) provide a risk assessment of energy infra- structure and cross-sector interdependencies; (5) provide a risk mitigation approach to en- hance reliability and end-use resilience; and (6)(A) address— (i) multi-State and regional coordination, planning, and response; and (ii) coordination with Indian Tribes with respect to planning and response; and (B) to the extent practicable, encourage mu- tual assistance in cyber and physical response plans. (d) Coordination In developing or revising a State energy secu- rity plan, the State energy office of the State shall coordinate, to the extent practicable, with— (1) the public utility or service commission of the State; (2) energy providers from the private and public sectors; and (3) other entities responsible for— (A) maintaining fuel or electric reliability; and (B) securing energy infrastructure. (e) Financial assistance A State is not eligible to receive Federal fi- nancial assistance under this part for any pur- pose for a fiscal year unless the Governor of the State submits to the Secretary, with respect to that fiscal year— (1) a State energy security plan that meets the requirements of subsection (c); or (2) after an annual review, carried out by the Governor, of a State energy security plan— (A) any necessary revisions to the State energy security plan; or (B) a certification that no revisions to the State energy security plan are necessary.