dreamproit/uscode huggingface dataset:
42 U.S.C. § 8282...8282b (THE PUBLIC HEALTH AND WELFARE)
§§ 8282 to 8282b. Repealed. Pub. L. 99–412, title II, § 201(a), Aug. 28, 1986, 100 Stat. 943
text: Section 8282, Pub. L. 95–619, title VII, § 721, as added Pub. L. 96–294, title V, § 565, June 30, 1980, 94 Stat. 754, related to procedures for submission and approval of State energy conservation plans for commercial buildings and multifamily dwellings.
text: Section 8282a, Pub. L. 95–619, title VII, § 722, as added Pub. L. 96–294, title V, § 565, June 30, 1980, 94 Stat. 755, related to requirements for State plans for regulated utilities.
text: Section 8282b, Pub. L. 95–619, title VII, § 723, as added Pub. L. 96–294, title V, § 565, June 30, 1980, 94 Stat. 756, related to plan requirements for nonregulated utilities and building heating suppliers.
heading: Statutory Notes and Related Subsidiaries
heading: Authority To Continue Certain State Energy Conservation Plans
text: Pub. L. 99–412, title II, § 201(c), Aug. 28, 1986, 100 Stat. 943, provided that: “Notwithstanding subsection (a) [repealing this subchapter], any State energy conservation plan for commercial buildings and multifamily dwellings approved under section 721 of the National Energy Conservation Policy Act [42 U.S.C. 8282] before August 1, 1984, may, with respect to regulated utilities, continue in effect until January 1, 1990.”
42 U.S.C. § 8285 (THE PUBLIC HEALTH AND WELFARE)
§ 8285. Purpose
It is the purpose of this subchapter to encourage the training and certification of individuals to conduct energy audits for residential and commercial buildings in order to serve the various private and public needs of the Nation for energy audits.
(Pub. L. 96–294, title V, § 581, June 30, 1980, 94 Stat. 760.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8285a (THE PUBLIC HEALTH AND WELFARE)
§ 8285a. Definitions
For the purposes of this subchapter—
(1) the term “Governor” means the chief executive officer of each State, including the Mayor of the District of Columbia;
(2) the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands;
(3) the term “energy audit” means an inspection as described in section 8216(b)(1)(A) 1 of this title, or an energy audit as defined in section 8281(b)(7) 1 of this title, which in addition may provide information on the utilization of renewable resources and may make energy-related improvements in the building; and
(4) the term “Secretary” means the Secretary of Energy.
(Pub. L. 96–294, title V, § 582, June 30, 1980, 94 Stat. 761.)
heading: Editorial Notes
heading: References in Text
text: Section 8216 of this title, referred to in par. (3), was omitted from the Code pursuant to section 8229 of this title, which terminated authority under that section June 30, 1989.
Section 8281 of this title, referred to in par. (3), was repealed by Pub. L. 99–412, title II, § 201(a), Aug. 28, 1986, 100 Stat. 943.
heading: Codification
text: Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8285b (THE PUBLIC HEALTH AND WELFARE)
§ 8285b. Grants
(a) The Secretary may make grants to any Governor of a State for the training and certification of individuals to conduct energy audits.
(b) Before making a grant under subsection (a) to a Governor, the Secretary must receive from the Governor an application containing—
(A) any information which the Secretary deems is necessary to carry out this subchapter; and
(B) an assurance that the grant will supplement and not supplant other funds available for such training and certification and will be used to increase the total amount of funds available for such training and certification.
(c)
(1) Before making any grant under subsection (a) the Secretary shall establish minimum standards for the training and certification of individuals to conduct energy audits.
(2) The Secretary shall require each Governor receiving any grant under this subchapter to agree to meet the standards established pursuant to paragraph (1) in any training and certification conducted using funds provided under this subchapter.
(Pub. L. 96–294, title V, § 583, June 30, 1980, 94 Stat. 761.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8285c (THE PUBLIC HEALTH AND WELFARE)
§ 8285c. Authorization of appropriations
(a) To carry out this subchapter there is authorized to be appropriated the sum of $10,000,000 for the fiscal year ending on September 30, 1981, and the sum of $15,000,000 for the fiscal year ending on September 30, 1982.
(b) Any funds appropriated under the authorization contained in this section shall remain available until expended.
(Pub. L. 96–294, title V, § 584, June 30, 1980, 94 Stat. 761.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8286 (THE PUBLIC HEALTH AND WELFARE)
§ 8286. Consensus on factors and data for energy conservation standards
The Secretary of Energy shall assure that within 6 months after June 30, 1980, the Secretary of Energy, the Secretary of Housing and Urban Development, the Secretary of Agriculture, the Secretary of Health and Human Services, the Secretary of Defense, the Administrator of the General Services Administration, and the head of any other agency responsible for developing energy conservation standards for new or existing residential, commercial, or agricultural buildings shall reach a consensus regarding factors and data used to develop such standards. This consensus shall apply to, but not be limited to—
(1) fuel price projections;
(2) discount rates;
(3) inflation rates;
(4) climatic conditions and zones; and
(5) the cost and energy saving characteristics of construction materials.
(Pub. L. 96–294, title V, § 595, June 30, 1980, 94 Stat. 762.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8286a (THE PUBLIC HEALTH AND WELFARE)
§ 8286a. Use of factors and data
Factors and data consented to pursuant to section 8286 of this title may be revised and agreed to by a consensus of the heads of the various Federal agencies involved. Such factors and data shall be used by all Federal agencies in establishing and revising various energy conservation standards used by such agencies, except that other factors and data may be used with respect to the standards applicable to any program if—
(1) the other factors and data are approved by the Secretary of Energy solely on the basis that such other factors and data are critical to meet the unique needs of the program concerned;
(2) using the consented to factors and data would cause a violation of an express provision of law; or
(3) statutory requirements or responsibilities require a modification of the consented to factors and data.
(Pub. L. 96–294, title V, § 596, June 30, 1980, 94 Stat. 762.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Energy Security Act, and not as part of the National Energy Conservation Policy Act which comprises this chapter.
42 U.S.C. § 8286b (THE PUBLIC HEALTH AND WELFARE)
§ 8286b. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 96–294, title V, § 597, June 30, 1980, 94 Stat. 762, which required the President (who delegated the duty to the Secretary of Energy by Memorandum of June 23, 1993, 58 F.R. 34519) to report annually to Congress on activities carried out under this subchapter and on other efforts to coordinate Federal energy conservation programs, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 15th item on page 19 of House Document No. 103–7.
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, including related operations and maintenance expense.
(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; Pub. L. 116–260, div. Z, title I, § 1002(e), Dec. 27, 2020, 134 Stat. 2423.)
heading: Editorial Notes
heading: Amendments
text: 2020—Pub. L. 116–260 substituted “, including related operations and maintenance expenses” for “(and related operation and maintenance expenses)”.
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 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)) 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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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)) 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: Editorial Notes
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. § 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: Editorial Notes
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.