dreamproit/uscode huggingface dataset:
42 U.S.C. § 8287a (THE PUBLIC HEALTH AND WELFARE)
§ 8287a. Payment of costs
Any amount paid by a Federal agency pursuant to any contract entered into under this subchapter may be paid only from funds appropriated or otherwise made available to the agency for fiscal year 1986 or any fiscal year thereafter for the payment of energy, water, or wastewater treatment expenses (and related operation and maintenance expenses).
(Pub. L. 95–619, title VIII, § 802, as added Pub. L. 99–272, title VII, § 7201(a), Apr. 7, 1986, 100 Stat. 142; amended Pub. L. 108–375, div. A, title X, § 1090(b), Oct. 28, 2004, 118 Stat. 2067.)
heading: Amendments
text: 2004—Pub. L. 108–375 inserted “, water, or wastewater treatment” after “payment of energy”.
42 U.S.C. § 8287b (THE PUBLIC HEALTH AND WELFARE)
§ 8287b. Reports
Each Federal agency shall periodically furnish the Secretary of Energy with full and complete information on its activities under this subchapter, and the Secretary shall include in the report submitted to Congress under section 8260 1 of this title a description of the progress made by each Federal agency in—
(1) including the authority provided by this subchapter in its contracting practices; and
(2) achieving energy savings under contracts entered into under this subchapter.
(Pub. L. 95–619, title VIII, § 803, as added Pub. L. 99–272, title VII, § 7201(a), Apr. 7, 1986, 100 Stat. 142.)
heading: References in Text
text: Section 8260 of this title, referred to in text, was omitted in the general revision of part B (§ 8251 et seq.) of subchapter III of this chapter by Pub. L. 100–615, § 2(a), Nov. 5, 1988, 102 Stat. 3185.
42 U.S.C. § 8287d (THE PUBLIC HEALTH AND WELFARE)
§ 8287d. Assistance to Federal agencies in achieving energy efficiency in Federal facilities and operations
The Secretary in fiscal year 1999 and thereafter, shall continue the process begun in fiscal year 1998 of accepting funds from other Federal agencies in return for assisting agencies in achieving energy efficiency in Federal facilities and operations by the use of privately financed, energy savings performance contracts and other private financing mechanisms. The funds may be provided after agencies begin to realize energy cost savings; may be retained by the Secretary until expended; and may be used only for the purpose of assisting Federal agencies in achieving greater efficiency, water conservation and use of renewable energy by means of privately financed mechanisms, including energy savings performance contracts and utility incentive programs. These recovered funds will continue to be used to administer even greater energy efficiency, water conservation and use of renewable energy by means of privately financed mechanisms such as utility efficiency service contracts and energy savings performance contracts. The recoverable funds will be used for all necessary program expenses, including contractor support and resources needed, to achieve overall Federal energy management program objectives for greater energy savings. Any such privately financed contracts shall meet the provisions of the Energy Policy Act of 1992, Public Law 102–486 regarding energy savings performance contracts and utility incentive programs.
(Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–278.)
heading: References in Text
text: The Energy Policy Act of 1992, referred to in text, is Pub. L. 102–486, Oct. 24, 1992, 106 Stat. 2776, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 13201 of this title and Tables.
heading: Codification
text: Section was enacted as part of Department of the Interior and Related Agencies Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
heading: Similar Provisions
text: Similar provisions were contained in the following prior appropriation act:
Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1582.
42 U.S.C. § 8303 (THE PUBLIC HEALTH AND WELFARE)
§ 8303. Territorial application
The provisions of this chapter shall only apply within the contiguous 48 States and the District of Columbia.
(Pub. L. 95–620, title I, § 104, Nov. 9, 1978, 92 Stat. 3298; Pub. L. 100–42, § 1(c)(3), May 21, 1987, 101 Stat. 311.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 1987—Pub. L. 100–42 amended section generally. Prior to amendment, section read as follows: “The provisions of this chapter shall apply in all the States, Puerto Rico, and the territories and possessions of the United States, except that—
“(1) the provisions of subchapters II and III of this chapter (other than section 8341 of this title) shall only apply to powerplants and installations situated within the contiguous 48 States, Alaska, and the District of Columbia; and
“(2) the provisions of section 8341 of this title shall only apply to powerplants situated within the contiguous 48 States and the District of Columbia.”
42 U.S.C. § 8312 (THE PUBLIC HEALTH AND WELFARE)
§ 8312. Repealed. Pub. L. 100–42, § 1(a)(1), May 21, 1987, 101 Stat. 310
text: Section, Pub. L. 95–620, title II, § 202, Nov. 9, 1978, 92 Stat. 3298, prohibited, except to extent authorized under part B, use of natural gas or petroleum as primary energy source in new major fuel-burning installation consisting of a boiler, and authorized Secretary to prohibit nonboilers from using natural gas or petroleum.
42 U.S.C. § 8324 (THE PUBLIC HEALTH AND WELFARE)
§ 8324. Terms and conditions; compliance plans
(a) Terms and conditions generally
Any exemption from any prohibition under this part shall be on such terms and conditions as the Secretary determines appropriate, including terms and conditions requiring the use of effective fuel conservation measures which are practicable and consistent with the purposes of this chapter. In the case of any temporary exemption, the terms and conditions (which may include a compliance plan meeting the requirements of subsection (b) of this section) shall be designed to insure that upon the expiration of such exemption, the persons and powerplant covered by such exemption will comply with the applicable prohibitions.
(b) Compliance plans
A compliance plan meets the requirements of this subsection if it is approved by the Secretary and—
(1) contains (A) a schedule indicating how compliance with applicable prohibitions of this chapter will occur and (B) evidence of binding contracts for fuel, or facilities for the production of fuel, which would allow or 1 such compliance; and
(2) is revised at such times and to such extent as the Secretary may require to reflect changes in circumstances.
(Pub. L. 95–620, title II, § 214, Nov. 9, 1978, 92 Stat. 3304; Pub. L. 100–42, § 1(c)(8), May 21, 1987, 101 Stat. 312.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1)(A), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 1987—Subsec. (a). Pub. L. 100–42 struck out “or installation” after “powerplant”.
heading: Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978
text: For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title.
42 U.S.C. § 8342 (THE PUBLIC HEALTH AND WELFARE)
§ 8342. Repealed. Pub. L. 100–42, § 1(a)(2), May 21, 1987, 101 Stat. 310
text: Section, Pub. L. 95–620, title III, § 302, Nov. 9, 1978, 92 Stat. 3306, authorized Secretary to prohibit use of petroleum or natural gas as primary energy source in existing major fuel-burning installations having coal or alternate fuel capability and, in installations in which mixtures of petroleum or natural gas and coal or other alternate fuels are found feasible, to prohibit excessive use of petroleum or natural gas in such mixtures.
42 U.S.C. § 8353 (THE PUBLIC HEALTH AND WELFARE)
§ 8353. General requirements for exemptions
(a) Use of mixtures or fluidized bed combustion not feasible
Except in the case of an exemption under section 8352(b), (f), or (i) of this title, the Secretary may grant a permanent exemption for a powerplant under this part only—
(1) if the applicant has demonstrated that the use of a mixture of natural gas or petroleum and coal (or other alternate fuels), for which an exemption under section 8352(b) of this title would be available, is not economically or technically feasible; and
(2) if the Secretary has not made a finding that the use of a method of fluidized bed combustion of coal or an alternate fuel is economically and technically feasible.
(b) No alternative power supply in case of a powerplant
(1) In the case of an exemption under section 8352(b) or (g) of this title, the Secretary may not grant an exemption for an existing powerplant unless he finds that the petitioner has demonstrated that there is no alternative supply of electric power which is available within a reasonable distance at a reasonable cost without impairing short-run or long-run reliability of service and which can be obtained by the petitioner, despite reasonable good faith efforts.
(2) The Secretary shall forward a copy of any such petition to the Federal Energy Regulatory Commission promptly after it is filed with the Secretary and shall consult with the Commission before making any finding on such petition under paragraph (l).
(Pub. L. 95–620, title III, § 313, Nov. 9, 1978, 92 Stat. 3313; Pub. L. 100–42, § 1(c)(10), (13), May 21, 1987, 101 Stat. 313.)
heading: Amendments
text: 1987—Subsec. (a). Pub. L. 100–42, § 1(c)(13), struck out “or installation” after “powerplant” in introductory provisions.
Pub. L. 100–42, § 1(c)(10), which directed the substitution of “or (i)” for “(i), or (j)” was executed by making the substitution for “(i) or (j)” to reflect the probable intent of Congress.
heading: Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978
text: For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title.
42 U.S.C. § 8354 (THE PUBLIC HEALTH AND WELFARE)
§ 8354. Terms and conditions; compliance plans
(a) Terms and conditions generally
Any exemption from any prohibition under this part shall be on such terms and conditions as the Secretary determines appropriate, including terms and conditions requiring the use of effective fuel conservation measures which are practicable and consistent with the purposes of this chapter. In the case of any temporary exemption, the terms and conditions (which may include a compliance plan meeting the requirements of subsection (b) of this section) shall be designed to insure that upon the expiration of such exemption, the persons and powerplant covered by such exemption will comply with the applicable prohibitions.
(b) Compliance plans
A compliance plan meets the requirements of this subsection if it is approved by the Secretary and—
(1) contains (A) a schedule indicating how compliance with applicable prohibition of this chapter will occur and (B) evidence of binding contracts for fuel, or facilities for the production of fuel, which would allow for such compliance; and
(2) is revised at such times and to such extent as the Secretary may require to reflect changes in circumstances.
(Pub. L. 95–620, title III, § 314, Nov. 9, 1978, 92 Stat. 3314; Pub. L. 100–42, § 1(c)(10), May 21, 1987, 101 Stat. 313.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b)(1)(A), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 1987—Subsec. (a). Pub. L. 100–42 struck out “or installation” after “powerplant”.
heading: Exemption for Certain Electric Powerplants as Effective Prior to 180 Days After November 9, 1978
text: For effectiveness of exemption for certain electric powerplants as prior to 180 days after Nov. 9, 1978, see section 902(a) of Pub. L. 95–620, set out as a note under section 8301 of this title.
42 U.S.C. § 8371, 8372 (THE PUBLIC HEALTH AND WELFARE)
§§ 8371, 8372. Repealed. Pub. L. 100–42, § 1(a)(3), (4), May 21, 1987, 101 Stat. 310
text: Section 8371, Pub. L. 95–620, title IV, § 401, Nov. 9, 1978, 92 Stat. 3314, authorized Secretary to prohibit by order the use of natural gas as primary energy source in existing boilers used for space heating purposes which consume 300 Mcf or more natural gas per day and have capability to use petroleum as primary energy source, and in new boilers to be used for space heating purposes which would be capable of consuming 300 Mcf or more of natural gas per day.
text: Section 8372, Pub. L. 95–620, title IV, § 402, Nov. 9, 1978, 92 Stat. 3315; Pub. L. 97–35, title X, § 1024, Aug. 13, 1981, 95 Stat. 617, prohibited installation of outdoor lighting fixtures using natural gas before Nov. 9, 1978, phased out distribution of natural gas to be used in outdoor lighting other than that installed for residential use before Nov. 9, 1978, and required distributors of natural gas to disseminate information to customers to discourage use of natural gas for outdoor lighting.
42 U.S.C. § 8375 (THE PUBLIC HEALTH AND WELFARE)
§ 8375. Repealed. Pub. L. 100–42, § 1(a)(5), May 21, 1987, 101 Stat. 310
text: Section, Pub. L. 95–620, title IV, § 405, Nov. 9, 1978, 92 Stat. 3320, prohibited increased use of petroleum as primary energy source in existing electric powerplants which, during calendar year 1977, used coal or another alternate fuel as primary energy source, unless permit authorizing such increased use had been issued by Secretary.
42 U.S.C. § 8391 (THE PUBLIC HEALTH AND WELFARE)
§ 8391. Repealed. Pub. L. 100–42, § 1(a)(6), May 21, 1987, 101 Stat. 310
text: Section, Pub. L. 95–620, title V, § 501, Nov. 9, 1978, 92 Stat. 3321, mandated that existing electric powerplants owned or operated by an electric utility be considered in compliance with prohibitions under subchapter III of this chapter relating to use of natural gas if there is in effect an approved plan of system compliance for such utility, and set forth requirements for approval of such plan.
42 U.S.C. § 8401a (THE PUBLIC HEALTH AND WELFARE)
§ 8401a. “Local government” defined
For the purposes of section 8401 of this title, the term “local government” shall include—
(1) any county, parish, city, town, township, village or other general purpose political subdivision of a State with the power to levy taxes and expend Federal, State, and local funds and exercise governmental powers; and
(2) which (in whole or in part) is located in, or has authority over the energy impacted area: Provided further, That such term shall include a public or private nonprofit corporation, or a school, water, sewer, highway, or other public special purpose district, authority, or body, with the concurrence of the Governor: Provided further, That such term shall be applicable to all applications for assistance received since the effective date of section 8401 of this title.
(Pub. L. 96–514, title II, § 201, Dec. 12, 1980, 94 Stat. 2975.)
heading: References in Text
text: For effective date of section 8401 of this title, referred to in par. (2), see section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title.
heading: Codification
text: Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1981, and not as part of the Powerplant and Industrial Fuel Use Act of 1978 which comprises this chapter.
42 U.S.C. § 8412 (THE PUBLIC HEALTH AND WELFARE)
§ 8412. Judicial review
(a) Publication and delay of prohibition or exemption to allow for review
Any final rule or order prescribed by the Secretary imposing a prohibition or granting an exemption (or permit) under this chapter shall be published in the Federal Register, and shall not take effect earlier than the 60th calendar day after such rule or order is published.
(b) Publication of denial of exemption or permit
Any final order issued by the Secretary denying any petition for an exemption or a permit under this chapter shall be published in the Federal Register, together with the reasons for such action.
(c) Judicial review
(1) Any person aggrieved by any final rule or order referred to in subsection (a) of this section or in section 8374 of this title, or by the denial of a petition for an order granting an exemption (or permit) referred to in subsection (b) of this section, may at any time before the 60th day after the date such rule, order, or denial is published under subsection (a) or (b) of this section, file a petition with the United States court of appeals for the circuit wherein such person resides, or has his principal place of business, for judicial review thereof. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the written submissions to, and transcript of, the written or oral proceedings on which the rule or order was based as provided in section 2112 of title 28.
(2) Upon the filing of the petition referred to in paragraph (1), the court shall have jurisdiction to review the rule, order, or denial in accordance with chapter 7 of title 5, and to grant appropriate relief as provided in such chapter. No rule or order (or denial thereof) may be affirmed unless supported by substantial evidence.
(3) The judgment of the court affirming or setting aside, in whole or in part, any such rule, order, or denial shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.
(4) Subject to the direction and control of the Attorney General, as provided in section 519 of title 28, attorneys appointed by the Secretary may appear for and represent the Secretary in any proceeding instituted under this section in accordance with section 7192(c) of this title.
(Pub. L. 95–620, title VII, § 702, Nov. 9, 1978, 92 Stat. 3331.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
42 U.S.C. § 8421 (THE PUBLIC HEALTH AND WELFARE)
§ 8421. Information
(a) Authority of Secretary
For purposes of carrying out his responsibilities under this chapter, the Secretary may require, under the authority of this chapter or any other authority administered by him, any person owning, operating or controlling any electric powerplant, or any other person otherwise subject to this chapter to submit such information and reports of any kind or nature directly to the Secretary necessary to implement the provisions of this chapter, and insure compliance with the provisions of this chapter, and any rule or order thereunder. The provisions of section 796(d) of title 15 shall apply with respect to information obtained under this section to the same extent and in the same manner as it applies with respect to energy information obtained under section 796 of title 15.
(b) Authority of President and Federal Energy Regulatory Commission
In the case of responsibilities expressly given by this chapter to the President or the Federal Energy Regulatory Commission, subsection (a) of this section shall be applied as if the references to the Secretary were references to the President or the Federal Energy Regulatory Commission, as the case may be.
(c) Natural gas usage by electric utilities
(1) For purposes of section 8374(b) of this title and other emergency authorities, the Secretary shall obtain data necessary to determine—
(A) within 6 months after August 13, 1981, the total quantities of natural gas used as a primary energy source by each electric utility during calendar year 1977, and
(B) on a semiannual basis, the total quantities of natural gas used as a primary energy source during the previous 6-month period by each electric utility.
(2) Repealed. Pub. L. 104–66, title I, § 1051(e), Dec. 21, 1995, 109 Stat. 716.
(Pub. L. 95–620, title VII, § 711, Nov. 9, 1978, 92 Stat. 3332; Pub. L. 97–35, title X, § 1021(b), Aug. 13, 1981, 95 Stat. 615; Pub. L. 100–42, § 1(c)(17), May 21, 1987, 101 Stat. 313; Pub. L. 104–66, title I, § 1051(e), Dec. 21, 1995, 109 Stat. 716.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 95–620, Nov. 9, 1978, 92 Stat. 3289, known as the Powerplant and Industrial Fuel Use Act of 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8301 of this title and Tables.
heading: Amendments
text: 1995—Subsec. (c)(2). Pub. L. 104–66 struck out par. (2) which read as follows: “The Secretary shall include in each annual report to the Congress under section 8482 of this title a summary of information received by the Secretary under this subsection.”
1987—Subsec. (a). Pub. L. 100–42 struck out “or major fuel-burning installation” after “powerplant”.
1981—Subsec. (c). Pub. L. 97–35 added subsec. (c).
heading: Effective Date of 1981 Amendment
text: Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1038 of Pub. L. 97–35, set out as a note under section 6240 of this title.