cal generating capacity, and minimize costs of electric energy to consumers, and shall include (but not be limited to) proposals which provide for the development and implementation of—

(1) load management techniques which are cost effective;

(2) rates which reflect marginal cost of service, or time of use of service, or both;

(3) ratemaking policies which discourage inefficient use of fuel and encourage economical purchases of fuel; and

(4) rates (or other regulatory policies) which encourage electric utility system reliability and reliability of major items of electric utility equipment.

(b) The proposals prepared under subsection (a) of this section shall be transmitted to each House of Congress not later than 6 months after August 14, 1976, for review and for such further action as the Congress may direct by law. Such proposals shall be accompanied by an analysis of

(1) the projected savings (if any) in consumption of petroleum products, natural gas, electric energy, and other energy resources,

(2) the reduction (if any) in the need for new electrical generating capacity, and of the demand for capital by the electric utility industry, and

(3) changes (if any) in the cost of electric energy to consumers,

which are likely to result from the implementation nationally of each of the proposals transmitted under this subsection.

(Pub. L. 94-385, title II, § 203, Aug. 14, 1976, 90 Stat. 1143; Pub. L. 95-617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.)

AMENDMENTS

1978 Subsec. (a). Pub. L. 95-617 substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration.

§ 6804. Funding, administrative, and judicial authorities of Secretary

The Secretary may

(1) fund (A) demonstration projects to improve electric utility load management procedures and (B) regulatory rate reform initiatives,

(2) on request of a State, a utility regulatory commission, or of any participant in any proceeding before a State utility regulatory commission which relates to electric utility rates or rate design, intervene and participate in such proceeding, and

(3) on request of any State, utility regulatory commission, or party to any action to obtain judicial review of an administrative proceeding in which the Secretary intervened or participated under paragraph (2), intervene and participate in such action.

(Pub. L. 94-385, title II, § 204, Aug. 14, 1976, 90 Stat. 1143; Pub. L. 95-617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.)

AMENDMENTS

1978-Pub. L. 95-617 substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration in two places.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6808 of this title; title 16 section 2633.

§ 6805. Grants for State consumer protection offices by Secretary

(a) Establishment, operation, and purpose; qualifications for funds

The Secretary may make grants to States, or otherwise as provided in subsection (c) of this section, under this section to provide for the establishment and operation of offices of consumer services to assist consumers in their presentations before utility regulatory commissions. Any assistance provided under this section shall be provided only for an office of consumer services which is operated independently of any such utility regulatory commission and which is empowered to

(1) make general factual assessments of the impact of proposed rate changes and other proposed regulatory actions upon all affected consumers;

(2) assist consumers in the presentation of their positions before utility regulatory commissions; and

(3) advocate, on its own behalf, a position which it determines represents the position most advantageous to consumers, taking into account developments in rate design reform.

(b) Grants subject to State assurances on funds

Grants pursuant to subsection (a) of this section shall be made only to States which furnish such assurances as the Secretary may require that funds made available under such section will be in addition to, and not in substitution for, funds made available to offices of consumer services from other sources.

(c) Offices established by Tennessee Valley Authority Assistance may be provided under this section to an office of consumer services established by the Tennessee Valley Authority, if such office is operated independently of the Tennessee Valley Authority.

(Pub. L. 94-385, title II, § 205, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95-617, title I, § 143, Nov. 9, 1978, 92 Stat. 3134.)

AMENDMENTS

1978-Subsecs. (a), (b). Pub. L. 95-617 substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6808 of this title.

36806. Statement in annual report

The Secretary shall include in each annual report submitted under section 7267 of this title a statement with respect to activities conducted under this subchapter and recommendations as to the need for and types of further Federal legislation.

(Pub. L. 94-385, title II, § 206, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95-617, title I, § 143, Nov. 9,

1978, 92 Stat. 3134; Pub. L. 96-470, title II, § 203(g), Oct. 19, 1980, 94 Stat. 2243.)

AMENDMENTS

1980-Pub. L. 96-470 substituted "The Secretary shall include in each annual report submitted under section 7267 of this title a statement" for "Not later than the last day in December in each year, the Secretary shall transmit to the Congress a report".

1978-Pub. L. 95-617 substituted "Secretary" for "Administrator", meaning Administrator of the Federal Energy Administration.

§ 6807. State utility regulatory assistance

(a) Grants to State utility regulatory commissions and nonregulated electric utilities

The Secretary may make grants to State utility regulatory commissions and nonregulated electric utilities (as defined in the Public Utility Regulatory Policies Act of 1978 [16 U.S.C. 2602]) to carry out duties and responsibilities under titles I [16 U.S.C. 2601 et seq.) and III [15 U.S.C. 3201 et seq.], and section 210 [16 U.S.C. 824a–3], of the Public Utility Regulatory Policies Act of 1978. No grant may be made under this section to any Federal agency. (b) Unnecessary requirements prohibited

Any requirements established by the Secretary with respect to grants under this section may be only such requirements as are necessary to assure that such grants are expended solely to carry out duties and responsibilities referred to in subsection (a) of this section or such as are otherwise required by law.

(c) Application for grant

No grant may be made under this section unless an application for such grant is submitted to the Secretary in such form and manner as the Secretary may require. The Secretary may not approve an application of a State utility regulatory commission or nonregulated electric utility unless such commission or nonregulated electric utility assures the Secretary that funds made available under this section will be in addition to, and not in substitution for, funds made available to such commission or nonregulated electric utility from other governmental

sources.

(d) Apportionment of funds

The funds appropriated for purposes of this section shall be apportioned among the States in such manner that grants made under this section in each State shall not exceed the lesser of

(1) the amount determined by dividing equally among all States the total amount available under this section for such grants,

or

(2) the amount which the Secretary is authorized to provide pursuant to subsections (b) and (c) of this section for such State. (Pub. L. 94-385, title II, § 207, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 95-617, title I, § 141, Nov. 9, 1978, 92 Stat. 3133.)

REFERENCES IN TEXT

The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (a), is Pub. L. 95-617, Nov. 9, 1978, 92 Stat. 3117, as amended. Title I of such Act is

classified principally to chapter 46 (§ 2601 et seq.) of Title 16, Conservation, and title III of such Act is classified generally to chapter 59 (§ 3201 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 16 and Tables.

AMENDMENTS

1978-Pub. L. 95-617 substituted provisions relating to grants to State utility regulatory commissions and nonregulated electric utilities for provisions authorizing appropriations to carry out this subchapter.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6808 of this title.

§ 6808. Authorization of appropriations

There are authorized to be appropriated—

(1) not to exceed $40,000,000 for each of the fiscal years 1979 and 1980 to carry out section 6807 of this title (relating to State utility regulatory assistance);

(2) not to exceed $10,000,000 for each of the fiscal years 1979 and 1980 to carry out section 6805 of this title (relating to State offices of consumer services); and

(3) not to exceed $8,000,000 for the fiscal year 1979, and $10,000,000 for the fiscal year 1980 to carry out section 6804(1)(B) of this title (relating to innovative rate structures). (Pub. L. 94-385, title II, § 208, as added Pub. L. 95-617, title II, § 142, Nov. 9, 1978, 92 Stat. 3134.)

SUBCHAPTER II-ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 7154 of this title.

§ 6831. Congressional findings and purpose (a) The Congress finds that

(1) large amounts of fuel and energy are consumed unnecessarily each year in heating, cooling, ventilating, and providing domestic hot water for newly constructed residential and commercial buildings because such buildings lack adequate energy conservation features;

(2) Federal voluntary performance standards for newly constructed buildings can prevent such waste of energy, which the Nation can no longer afford in view of its current and anticipated energy shortage;

(3) the failure to provide adequate energy conservation measures in newly constructed buildings increases long-term operating costs that may affect adversely the repayment of, and security for, loans made, insured, or guaranteed by Federal agencies or made by federally insured or regulated instrumentalities; and

(4) State and local building codes or similar controls can provide an existing means by which to assure, in coordination with other building requirements and with a minimum of Federal interference in State and local trans

actions, that newly constructed buildings contain adequate energy conservation features. (b) The purposes of this subchapter, therefore, are to

(1) redirect Federal policies and practices to assure that reasonable energy conservation features will be incorporated into new commercial and residential buildings receiving Federal financial assistance;

(2) provide for the development and implementation, as soon as practicable, of voluntary performance standards for new residential and commercial buildings which are designed to achieve the maximum practicable improvements in energy efficiency and increases in the use of nondepletable sources of energy; and

(3) encourage States and local governments to adopt and enforce such standards through their existing building codes and other construction control mechanisms, or to apply them through a special approval process. (Pub. L. 94-385, title III, § 302, Aug. 14, 1976, 90 Stat. 1144; Pub. L. 97-35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621.)

AMENDMENTS

1981-Subsecs. (a)(2), (b)(2). Pub. L. 97-35 inserted "voluntary" before "performance standards".

EFFECTIVE DATE OF 1981 AMENDMENT 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.

SHORT TITLE

For short title of this subchapter as the "Energy Conservation Standards for New Buildings Act of 1976", see section 301 of Pub. L. 94-385, set out as a note under section 6801 of this title.

CROSS REFERENCES

Energy conservation in Federal buildings, see section 8251 et seq. of this title.

Residential energy conservation, see section 8211 et seq. of this title.

§ 6832. Definitions

As used in this subchapter:

(1) Omitted

(2) The term "building" means any structure to be constructed which includes provision for a heating or cooling system, or both, or for a hot water system.

(3) The term "building code" means a legal instrument which is in effect in a State or unit of general purpose local government, the provisions of which must be adhered to if a building is to be considered to be in conformance with law and suitable for occupancy and

use.

(4) The term "commercial building" means any building other than a residential building, including any building developed for industrial or public purposes.

(5) The term "Federal agency" means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, including the United States Postal Service, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation.

(6) The term "Federal building" means any building to be constructed by, or for the use of, any Federal agency which is not legally subject to State or local building codes or similar requirements.

(7) The term "Federal financial assistance" means (A) any form of loan, grant, guarantee, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance (other than general or special revenue sharing or formula grants made to States) approved by any Federal officer or agency; or (B) any loan made or purchased by any bank, savings and loan association, or similar institution subject to regulation by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration.

(8) The term "National Institute of Building Sciences" means the institute established by section 1701j-2 of title 12.

(9) The term "voluntary performance standards" means an energy consumption goal or goals to be met without specification of the methods, materials, and processes to be employed in achieving that goal or goals, but including statements of the requirements, criteria and evaluation methods to be used, and any necessary commentary.

(10) The term "residential building" means any structure which is constructed and developed for residential occupancy.

(11) The term "Secretary" means the Secretary of Energy.

(12) The term "State" includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory and possession of the United States.

(13) The term "unit of general purpose local government" means any city, county, town, municipality, or other political subdivision of a State (or any combination thereof), which has a building code or similar authority over a particular geographic area.

(Pub. L. 94-385, title III, § 303, Aug. 14, 1976, 90 Stat. 1145; Pub. L. 95-91, title III, § 301(a), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607; Pub. L. 97-35, title X, § 1041(a), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100-242, title V, § 570(c), Feb. 5, 1988, 101 Stat. 1950.)

CODIFICATION

Par. (1) of this section which read "The term 'Administrator' means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this subchapter" has been omitted in view of the termination of the Federal Energy Administration and the transfer of its functions and the functions of the Administrator thereof (with certain exceptions) to the Secretary of Energy pursuant to sections 301(a), 703, and 707 of Pub. L. 95-91, which are classified to sections 7151(a), 7293, and 7297 of this title and the fact that the term "Secretary" is defined for the purposes of this subchapter by par. (11) of this section. In this subchapter, "Secretary of Energy" has been substituted for "Administrator" wherever appearing.

AMENDMENTS

1988-Par. (11). Pub. L. 100-242 substituted "Secretary of Energy" for "Secretary of Housing and Urban Development".

1981-Par. (9). Pub. L. 97-35 inserted "voluntary" before "performance standards”.

EFFECTIVE DATE OF 1981 AMENDMENT 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.

§ 6833. Development and promulgation of energy conservation voluntary performance standards for new commercial and residential buildings

(a) Consultation by Secretary of Energy with Federal officials, etc.; publication of proposed and final standards; services of National Institute of Building Sciences; sole use as guidelines

(1) As soon as practicable, but in no event later than 3 years after August 14, 1976, the Secretary of Energy, only after consultation with the Secretary of Commerce utilizing the services of the Director of the National Institute of Standards and Technology, and the Administrator of the General Services Administration, shall develop and publish in the Federal Register for public comment proposed voluntary performance standards for new commercial buildings. Interim voluntary performance standards for new Commercial buildings shall be promulgated by August 1, 1981, and, for at least the 12-month period beginning on such date, the Secretary of Energy shall conduct a demonstration project utilizing such standards in at least two geographical areas in different climatic regions of the country. Prior to April 1, 1984, and not later than 180 days after completing such demonstration project, such Secretary shall transmit to both Houses of the Congress a report containing an analysis of the findings and conclusions made as a result of carrying out such project, including at least an analysis of the effect such standards would have on the design, construction costs, and the estimated total energy savings (including the types of energy) to be realized from utilizing such energy standards in commercial buildings. Final voluntary performance standards shall be promulgated by April 1, 1983.

(2) As soon as practicable, but in no event later than 3 years after August 14, 1976, the Secretary of Energy, only after consultation with the Secretary of Commerce utilizing the services of the Director of the National Institute of Standards and Technology, shall develop and publish in the Federal Register for public comment proposed voluntary performance standards for new residential buildings. Interim voluntary performance standards for new residential buildings shall be promulgated by August 1, 1981, and, for at least the 12month period beginning on such date, the Secretary of Energy shall conduct a demonstration project utilizing such standards in at least two geographical areas in different climatic regions of the country. Prior to April 1, 1984, and not later than 180 days after completing such demonstration project, such Secretary shall transmit to both Houses of the Congress a report containing an analysis of the findings and con

clusions made as a result of carrying out such project, including at least (A) an analysis of the impact of such standards on builders (especially on small builders) and on the cost of constructing such buildings and the impact of such cost on the ability of low- and moderate-income persons to purchase or rent such buildings, and (B) an analysis of the estimated total energy savings (including the types of energy) to be realized from utilizing such standards in residential buildings. Final voluntary performance standards for such buildings shall be promulgated by April 1, 1983.

(3) In the development of voluntary performance standards, the Secretary of Energy shall utilize the services of the National Institute of Building Sciences, under appropriate contractual arrangements.

(4) Except in the case of Federal buildings as required under section 6835 of this title, voluntary performance standards under this subsection shall be developed solely as guidelines for the purpose of providing technical assistance for the design and construction of energy efficient buildings.

(b) Exceptions to standards; considerations

All voluntary performance standards promulgated pursuant to subsection (a) of this section shall take account of, and make such allowance or particular exception as the Secretary of Energy determines appropriate for, climatic variations among the different regions of the country.

(c) Periodic review and updating of standards

The Secretary of Energy, in consultation with the Secretary of Housing and Urban Development, the Secretary of Commerce, the Administrator of the General Services Administration, and the heads of other appropriate Federal agencies, and the National Institute of Building Sciences, shall periodically review and provide for the updating of voluntary performance standards promulgated pursuant to subsection (a) of this section.

(d) Maximum extension period for publication or promulgation of standards

The Secretary of Energy, if he finds that the dates otherwise specified in this section for publication of proposed, or for promulgation of final, voluntary performance standards under subsection (a)(1) or (a)(2) of this section cannot practicably be met, may extend the time for such publication or promulgation, but no such extension shall result in a delay of more than 6 months in promulgation.

(Pub. L. 94-385, title III, § 304, Aug. 14, 1976, 90 Stat. 1146; Pub. L. 95-91, title III, §§ 301(a), 304(a), title VII, §§ 703, 707, 709(e)(1), Aug. 4, 1977, 91 Stat. 577, 580, 606, 608; Pub. L. 96-399, title III, § 326(a)-(c), Oct. 8, 1980, 94 Stat. 1649; Pub. L. 97-35, title X, § 1041(a), (c), Aug. 13, 1981, 95 Stat. 621; Pub. L. 100-418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

CODIFICATION

The words "the Administrator," and "the Administrator and" before "the Secretary of Commerce" in subsec. (a)(1) and (2), respectively, and the words "the

Administrator," before "the Secretary of Housing and Urban Development” in subsec. (c), meaning the Administrator of the Federal Energy Administration, have been omitted in view of the termination of the Federal Energy Administration and the transfer of its functions and the functions of the Administrator thereof (with certain exceptions) to the Secretary of Energy pursuant to sections 301(a), 703, and 707 of Pub. L. 95-91, which are classified to sections 7151(a), 7293, and 7297 of this title. This transfer would result in the phrases being redundant in that they would provide for the Secretary to consult with himself. See Transfer of Functions note set out below.

AMENDMENTS

1988 Subsec. (a)(1), (2). Pub. L. 100-418 substituted "National Institute of Standards and Technology" for "National Bureau of Standards".

1981-Subsec. (a). Pub. L. 97-35, § 1041(a), (c), substituted "voluntary performance standards" for "performance standards" wherever appearing in pars. (1) to (3), and "April 1, 1984," for "the effective date of final performance standards promulgated pursuant to this paragraph” in pars. (1) and (2), struck out “, and shall become effective within a reasonable time not to exceed 1 year after the date of promulgation, as specified by the Secretary" after "April 1, 1983" in pars. (1) and (2), and added par. (4).

Subsecs. (b) to (d). Pub. L. 97-35, § 1041(a), substituted "voluntary performance standards" for "performance standards" wherever appearing.

1980-Subsec. (a)(1). Pub. L. 96-399, § 326(a), (b), substituted "by April 1, 1983" for "within 6 months after the date of publication of the proposed standards", and inserted provisions relating to promulgation of interim performance standards, a demonstration project utilizing such standards, and transmittal to Congress of a report containing an analysis of findings and conclusions from carrying out such project.

Subsec. (a)(2). Pub. L. 96–399, § 326(a), (c), substituted "by April 1, 1983" for "within 6 months after the date of publication of the proposed standards”, and inserted provisions relating to promulgation of interim performance standards, a demonstration project utilizing such standards, and transmittal to Congress of a report containing an analysis of findings and conclusions from carrying out such project.)

1977-Subsec. (c). Pub. L. 95-91, § 709(e)(1), inserted "the Secretary of Housing and Urban Development," after "the Administrator,".

EFFECTIVE DATE OF 1981 AMENDMENT 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.

TRANSFER OF FUNCTIONS

"Secretary of Energy" was substituted for "Secretary", meaning the Secretary of Housing and Urban Development, the first time it appears in subsecs. (a)(1) and (2) and in subsecs. (a)(3), and (b) to (d) pursuant to sections 304(a) and 707 of Pub. L. 95-91, which are classified to sections 7154(a) and 7297 of this title and which transferred the functions of the Secretary of Housing and Urban Development under this section to develop and promulgate energy conservation standards for new buildings to the Secretary of Energy.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 6835, 6839, 7154, 8211, 8225, 8235 of this title.

8 6834. Repealed. Pub. L. 97-35, title X, 81041(b), Aug. 13, 1981, 95 Stat. 621

Section, Pub. L. 94-385, title III, § 305, Aug. 14, 1976, 90 Stat. 1147, related to availability or approval of Federal financial assistance for new construction.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 13, 1981, see section 1038 of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment note under section 6240 of this title.

§ 6835. Compliance with final performance standards by Federal agencies

The head of each Federal agency responsible for the construction of any Federal building shall adopt such procedures as may be necessary to assure that any such construction meets or exceeds the applicable interim performance standards promulgated pursuant to section 6833(a) of this title. Not later than April 1, 1984, the head of each such agency shall adopt such procedures as may be necessary to assure that construction of any Federal building meets or exceeds the applicable final performance standards.

(Pub. L. 94-385, title III, § 306, Aug. 14, 1976, 90 Stat. 1148; Pub. L. 96-399, title III, § 326(d), Oct. 8, 1980, 94 Stat. 1650; Pub. L. 97-35, title X, § 1041(d), Aug. 13, 1981, 95 Stat. 621.)

AMENDMENTS

1981-Pub. L. 97-35 substituted provisions setting forth Apr. 1, 1984, as latest date for adoption of procedures for provisions setting forth the effective date of the final performance standards as the latest date.

1980-Pub. L. 96-399 substituted "interim performance standards promulgated pursuant to section 6833(a) of this title. Upon the effective date of the final performance standards promulgated pursuant to such section, the head of each such agency shall adopt such procedures as may be necessary to assure that construction of any Federal building meets or exceeds the applicable final performance standards" for "final performance standards promulgated pursuant to this subchapter".

EFFECTIVE DATE OF 1981 AMENDMENT

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 6833 of this title.

§ 6836. Repealed. Pub. L. 97-35, title X, 81041(b), Aug. 13, 1981, 95 Stat. 621

Section, Pub. L. 94-385, title III, § 307, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 95-619, title II, § 255, Nov. 9, 1978, 92 Stat. 3238, set forth provisions respecting grants to States for adoption and implementation of performance standards.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 13, 1981, see section 1038 of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment note under section 6240 of this title.

8 6837. Technical assistance to States, etc.

The Secretary (directly, by contract, or otherwise) may provide technical assistance to States and units of general purpose local government to assist them in furthering the design and construction of energy efficient buildings.

(Pub. L. 94-385, title III, § 308, Aug. 14, 1976, 90 Stat. 1149; Pub. L. 97-35, title X, § 1041(e), Aug. 13, 1981, 95 Stat. 621.)