42 U.S.C. § 8235g — Records and reports

Page 7546 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8235f 1 See References in Text note below. exemption is necessary to make feasible the demonstration of such prototype residential en- ergy efficiency program. (Pub. L. 95–619, title II, § 266, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 749; amended Pub. L. 105–388, § 5(c)(4), Nov. 13, 1998, 112 Stat. 3479.) Editorial Notes REFERENCES IN TEXT The Natural Gas Policy Act of 1978, referred to in text, is Pub. L. 95–621, Nov. 9, 1978, 92 Stat. 3350. Title II of the Natural Gas Policy Act of 1978 was classified generally to subchapter II (§ 3341 et seq.) of chapter 60 of Title 15, Commerce and Trade, prior to its repeal by Pub. L. 100–42, § 2(a), May 21, 1987, 101 Stat. 314. Title IV of the Natural Gas Policy Act of 1978 is classified gen- erally to subchapter IV (§ 3391 et seq.) of chapter 60 of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of Title 15 and Tables. AMENDMENTS 1998—Pub. L. 105–388 substituted ‘‘(15 U.S.C. 717c’’ for ‘‘(17 U.S.C. 717c’’. § 8235f. Application of other laws (a) Lack of immunity No provision contained in this part— (1) shall restrict any agency of the United States or any State from exercising its powers under any law to prevent unfair methods of competition and unfair or deceptive acts or practices; (2) shall provide to any person any immunity from civil or criminal liability; (3) shall create any defenses to actions brought under the antitrust laws; or (4) shall modify or abridge any private right of action under the antitrust laws. (b) Utility programs under part A Any public utility entering into a contract under a plan for the establishment of a proto- type residential energy efficiency program ap- proved under section 8235a(a) of this title shall not be required to carry out, with respect to any residential building located in the portion of the utility’s service area designated in the contract, the actions required to be contained in such utility’s program by subsections (a) and (b) of section 8216 1 of this title, if the contract re- quires such actions (or equivalent actions as de- termined by the Secretary) to be taken. (c) ‘‘Antitrust laws’’ defined For purposes of this section, the term ‘‘anti- trust laws’’ means— (1) the Sherman Act (15 U.S.C. 1 et seq.); (2) the Clayton Act (15 U.S.C. 12 et seq.); (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); (4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9); and (5) sections 2, 3, and 4 of the Act entitled ‘‘An Act to amend section 2 of the Act entitled ‘An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes’, approved October 15, 1914, as amended (U.S.C., title 15, sec. 13), and for other purposes’’ approved June 19, 1936 (15 U.S.C. 21a, 13a, and 13b, commonly known as the Robinson-Patman Antidiscrimination Act). (Pub. L. 95–619, title II, § 267, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 749.) Editorial Notes REFERENCES IN TEXT Section 8216 of this title, referred to in subsec. (b), was omitted from the Code pursuant to section 8229 of this title, which terminated authority under that sec- tion June 30, 1989. The Sherman Act (15 U.S.C. 1 et seq.), referred to in subsec. (c)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1 of Title 15 and Tables. The Clayton Act (15 U.S.C. 12 et seq.), referred to in subsec. (c)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and sections 52 and 53 of Title 29, Labor. For further details and complete classi- fication of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act (15 U.S.C. 41 et seq.), referred to in subsec. (c)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to sub- chapter I (§ 41 et seq.) of chapter 2 of Title 15. For com- plete classification of this Act to the Code, see section 58 of Title 15 and Tables. § 8235g. Records and reports (a) Records Each State and local government submitting any application for a plan which is approved under section 8235a(a) of this title, and each pub- lic utility and person or persons entering into a contract under such a plan, shall keep such records and make such reports as the Secretary may require. The Secretary and the Comptroller General of the United States shall have access, at reasonable times and under reasonable condi- tions, to any books, documents, papers, records, and reports of each such State and local govern- ment, utility, and person or persons which the Secretary determines, in consultation with the Comptroller General of the United States, are pertinent to this part. (b) Reports The Secretary shall make an annual report to the President on the activities carried out under this part which shall be submitted to the Con- gress with the annual report on the activities of the Department of Energy required by section 7267 of this title and which shall contain— (1) an estimate of the total amount of en- ergy saved as a result of the activities carried out under this part; (2) an estimate of the annual savings in en- ergy anticipated as a result of each prototype residential energy efficiency program estab- lished under a plan approved under section 8235a(a) of this title; (3) an analysis, developed in consultation with the Federal Trade Commission and the Department of Justice, of the impact on com- petition of each prototype residential energy efficiency program established under a plan Page 7547 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8236a approved under section 8235a(a) of this title; and (4) if the Secretary determines that it is ap- propriate, an analysis of the impact of expand- ing the approval of plans under section 8235a(a) of this title to establish prototype res- idential energy efficiency programs, and the provision of financial assistance to such pro- grams, on a national basis and an assessment of the alternative methods by which such an expansion could be accomplished. (Pub. L. 95–619, title II, § 268, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 750.) § 8235h. Revoking approval of plans and termi- nating financial assistance The Secretary shall revoke the approval of any plan under section 8235a(a) of this title for the establishment of a prototype residential en- ergy efficiency program, and shall terminate the provision of financial assistance under section 8235a(c) of this title to carry out such plan, if the Secretary determines, in consultation with the Federal Trade Commission and after notice and the opportunity for a hearing, that carrying out such plan— (1) causes unfair methods of competition; (2) has a substantial adverse effect on com- petition in the portion of the service area of the public utility designated by the contract entered into under the plan; or (3) provides a supplier or contractor of en- ergy conservation measures with an unreason- ably large share of the contracts for the sup- ply or installation of such measures under such plan in the service area of the public util- ity designated by the contract entered into under such plan. (Pub. L. 95–619, title II, § 269, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 751.) § 8235i. Authorization of appropriations (a) Authorization of appropriations There is authorized to be appropriated to carry out this part— (1) the sum of $10,000,000 for the fiscal year ending on September 30, 1981; and (2) the sum equal to $10,000,000 minus the amount appropriated for the fiscal year ending on September 30, 1981, under the authorization contained in this section, for the fiscal year ending on September 30, 1982. (b) Availability Any funds appropriated under the authoriza- tion contained in this section shall remain available until expended. (Pub. L. 95–619, title II, § 270, as added Pub. L. 96–294, title V, § 562, June 30, 1980, 94 Stat. 751.) PART D—RESIDENTIAL ENERGY EFFICIENCY RATING GUIDELINES § 8236. Voluntary rating guidelines (a) In general Not later than 18 months after October 24, 1992, the Secretary, in consultation with the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, representa- tives of existing home energy rating programs, and other appropriate persons, shall, by rule, issue voluntary guidelines that may be used by State and local governments, utilities, builders, real estate agents, lenders, agencies in mortgage markets, and others, to enable and encourage the assignment of energy efficiency ratings to residential buildings. (b) Contents of guidelines The voluntary guidelines issued under sub- section (a) shall— (1) encourage uniformity with regard to sys- tems for rating the annual energy efficiency of residential buildings; (2) establish protocols and procedures for— (A) certification of the technical accuracy of building energy analysis tools used to de- termine energy efficiency ratings; (B) training of personnel conducting en- ergy efficiency ratings; (C) data collection and reporting; (D) quality control; and (E) monitoring and evaluation; (3) encourage consistency with, and support for, the uniform plan for Federal energy effi- cient mortgages, including that developed under section 946 of the Cranston-Gonzalez Na- tional Affordable Housing Act (42 U.S.C. 12712 note) and pursuant to sections 105 and 106 of the Energy Policy Act of 1992; (4) provide that rating systems take into ac- count local climate conditions and construc- tion practices, solar energy collected on-site, and the benefits of peak load shifting con- struction practices, and not discriminate among fuel types; and (5) establish procedures to ensure that resi- dential buildings can receive an energy effi- ciency rating at the time of sale and that such rating is communicated to potential buyers. (Pub. L. 95–619, title II, § 271, as added Pub. L. 102–486, title I, § 102(a), Oct. 24, 1992, 106 Stat. 2787.) Editorial Notes REFERENCES IN TEXT Section 946 of the Cranston-Gonzalez National Afford- able Housing Act, referred to in subsec. (b)(3), is section 946 of Pub. L. 101–625, which is set out as a note under section 12712 of this title. Sections 105 and 106 of the Energy Policy Act of 1992, referred to in subsec. (b)(3), are sections 105 and 106 of Pub. L. 102–486. Section 105 amended section 12704 of this title and provisions set out as a note under section 12712 of this title. Section 106 is classified to section 1701z–16 of Title 12, Banks and Banking. § 8236a. Technical assistance Not later than 2 years after October 24, 1992, the Secretary shall establish a program to pro- vide technical assistance to State and local or- ganizations to encourage the adoption of and use of residential energy efficiency rating sys- tems consistent with the voluntary guidelines issued under section 8236 of this title. (Pub. L. 95–619, title II, § 272, as added Pub. L. 102–486, title I, § 102(a), Oct. 24, 1992, 106 Stat. 2788.)