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sized cities, small towns, and rural communities, not adequately served by any public transportation system.
(c) COMMITTEES TO BE KEPT CURRENTLY INFORMED.-The President shall keep such committees fully and currently informed about the progress in establishing and administering a system of rationing and of any problems and delays in establishing and administering the system.
(d) ADDITIONAL REPORT.-90 days after the report is transmitted under subsection (a), the President shall prepare and transmit to each such committee another report unless a rationing contingency plan has been prescribed and transmitted to each House of the Congress during the preceding 90-day period. Such report shall contain the same information as required for the report under subsection (a), except that such information shall be made current to the date of the report.
(e) PUBLIC NOTICE OF REPORTS.-The President shall provide public notice of any report under subsection (a) or (d) at the time of its transmittal, shall make such report available to the public, and shall transmit copies of such report to the Governors of the various States.
[42 U.S.C. 6261 note]
SEC. 103. PROCEDURES FOR DEVELOPING AND IMPLEMENTING RATIONING PLAN.
[Sections 201(e), 203(a)(1), 552(b) and related sections of the Energy Policy and Conservation Act, as amended by this section, can be found at the beginning of this volume.]
SEC. 104. REQUIRED ELEMENTS OF RATIONING PLAN.
[Section 203(a) of Energy Policy and Conservation Act, as amended by this section, can be found at the beginning of this volume.]
SEC. 105. TECHNICAL AND CONFORMING AMENDMENTS.
[Sections 201, 203, 552 and related sections of Energy Policy and Conservation Act as amended by this section, can be found at the beginning of this volume.]
TITLE II—EMERGENCY ENERGY CONSERVATION
SEC. 201. FINDINGS AND PURPOSES.
(a) FINDINGS.-The Congress finds that
(1) serious disruptions have recently occurred in the gasoline and diesel fuel markets of the United States;
(2) it is likely that such disruptions will recur;
(3) interstate commerce is significantly affected by those market disruptions;
(4) an urgent need exists to provide for emergency conservation and other measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources in potentially short supply in order to cope with market disruptions and protect interstate commerce; and
(5) up-to-date and reliable information concerning the supply and demand of gasoline, diesel fuel, and other related data is not available to the President, the Congress, or the public. (b) PURPOSES.-The purposes of this title are to
(1) provide a means for the Federal Government, States, and units of local government to establish emergency conservation measures with respect to gasoline, diesel fuel, home heating oil, and other energy sources which may be in short supply; (2) establish other emergency measures to alleviate disruptions in gasoline and diesel fuel markets;
(3) obtain data concerning such fuels; and
(4) protect interstate commerce.
[42 U.S.C. 8501]
For purposes of this title
(1) The term "severe energy supply interruption”, when used with respect to motor fuel or any other energy source, means a national energy supply shortage of such energy source which the President determines
(A) is, or is likely to be, of significant scope and duration;
(B) may cause major adverse impact on national security or the national economy; and
(C) results, or is likely to result, from an interruption in the energy supplies of the United States, including supplies of imported petroleum products, or from sabotage or an act of God.
(2) The term "international energy program" has the meaning given that term in section 3(7) of the Energy Policy and Conservation Act (42 U.S.C. 6202).
(3) The term "motor fuel" means gasoline and diesel fuel. (4) The term "person" includes (A) any individual, (B) any corporation, company, association, firm, partnership, society, trust, joint venture, or joint stock company, and (C) the government or any agency of the United States or any State or political subdivision thereof.
(5) The term "vehicle" means any vehicle propelled by motor fuel and manufactured primarily for use on public streets, roads, and highways.
(6) The term "Secretary" means the Secretary of Energy. (7) The term "Governor" means the chief executive officer of a State.
(8) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.
[42 U.S.C. 8502]
Part A-Emergency Energy Conservation Program
SEC. 211. NATIONAL AND STATE EMERGENCY CONSERVATION TARGETS.
(a) DETERMINATION AND PUBLICATION OF TARGETS.-(1) Whenever the President finds, with respect to any energy source for which the President determines a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program, the President, in furtherance of the purposes of this title, may establish
monthly emergency conservation targets for any such energy source for the Nation generally and for each State.
(2) Any finding of the President under paragraph (1) shall be promptly transmitted to the Congress, accompanied by such information and analysis as is necessary to provide the basis for such finding, and shall be disseminated to the public.
(3)(A) The State conservation target for any energy source shall be equal to (i) the State base period consumption reduced by (ii) a uniform national percentage.
(B) For the purposes of this subsection, the term "State base period consumption" means, for any month, the product of the following factors, as determined by the President:
(i) the consumption of the energy source for which a target is established during the corresponding month in the 12-month period prior to the first month for which the target is established; and
(ii) a growth adjustment factor, which shall be determined on the basis of the trends in the use in that State of such energy source during the 36-month period prior to the first month for which the target is established.
(C)(i) The President shall adjust, to the extent he determines necessary, any State base period consumption to insure that achievement of a target established for that State under this subsection will not impair the attainment of the objectives of section 4(b)(1) of the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. 753(b)(1)).
(ii) The President may, to the extent he determines appropriate, further adjust any State base period consumption to reflect
(I) reduction in energy consumption already achieved by energy conservation programs;
(II) energy shortages which may affect energy consumption; and
(III) variations in weather from seasonal norms.
(D) For purposes of this subsection, the uniform national percentage shall be designed by the President to minimize the impact on the domestic economy of the projected shortage in the energy source for which a target is established by saving an amount of such energy source equivalent to the projected shortage, taking into consideration such other factors related to that shortage as the President considers appropriate.
(b) NOTIFICATION AND PUBLICATION OF TARGETS.-The President shall notify the Governor of each State of each target established under subsection (a) for that State, and shall publish in the Federal Register, the targets, the base period consumption for each State and other data on which the targets are based, and the factors considered under subsection (a)(3).
(c) ESTABLISHMENT OF TARGETS FOR FEDERAL AGENCIES.-In connection with the establishment of any national target under subsection (a) the President shall make effective an emergency energy conservation plan for the Federal Government, which plan shall be designed to achieve an equal or greater reduction in use of the energy source for which a target is established than the national percentage referred to in subsection (a)(3)(D). Such plan
shall contain measures which the President will implement, in accordance with other applicable provisions of law, to reduce on an emergency basis the use of energy by the Federal Government. In developing such plan the President shall consider the potential for emergency reductions in energy use—
(1) by buildings, facilities, and equipment owned, leased, or under contract by the Federal Government; and
(2) by Federal employees and officials through increased use of car and van pooling, preferential parking for multipassenger vehicles, and greater use of mass transit.
(d) REVIEW OF TARGETS.-(1) From time to time, the President shall review and, consistent with subsection (a), modify to the extent the President considers appropriate the national and State energy conservation targets established under this subsection.
(2) Any modification under this paragraph shall be accompanied by such information and analysis as is necessary to provide the basis therefor and shall be available to the Congress and the public.
(3)(A) Before the end of the 12th month following the establishment of any conservation target under this section, and annually thereafter while such target is in effect, the President shall determine, for the energy source for which that target was established, whether a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program. The President shall transmit to the Congess and make public the information and other data on which any determination under this subparagraph is based.
(B) If the President determines such an energy supply interruption does not exist or is not imminent or such actions are not required, the conservation targets established under this section with respect to such energy source shall cease to be effective.
(e) DETERMINATION AND PUBLICATION OF ACTUAL CONSUMPTION NATIONALLY AND STATE-BY-STATE.-Each month the Secretary shall determine and publish in the Federal Register (1) the level of consumption for the most recent month for which the President determines accurate data is available, nationally and for each State, of any energy source for which a target under subsection (a) is in effect, and (2) whether the targets under subsection (a) have been substantially met or are likely to be met.
(f) PRESIDENTIAL AUTHORITY NOT TO BE DELEGATED.—Notwithstanding any other provision of law, the authority vested in the President under this section may not be delegated.
[42 U.S.C. 8511]
SEC. 212. STATE EMERGENCY CONSERVATION PLAN.
(a) STATE EMERGENCY CONSERVATION PLANS.-(1)(A) Not later than 45 days after the date of the publication of an energy conservation target for a State under section 211(b), the Governor of that State shall submit to the Secretary a State emergency conservation plan designed to meet or exceed the emergency conservation target in effect for that State under section 211(a). Such plan shall contain such information as the Secretary may reasonably re
quire. At any time, the Governor may, with the approval of the Secretary, amend a plan established under this section.
(B) The Secretary may, for good cause shown, extend to a specific date the period for the submission of any State's plan under subparagraph (A) if the Secretary publishes in the Federal Register notice of that extension together with the reasons therefor.
(2) Each State is encouraged to submit to the Secretary a State emergency conservation plan as soon as possible after the date of the enactment of this Act and in advance of such publication of any such target. The Secretary may tentatively approve such a plan in accordance with the provisions of this section. For the purposes of this part such tentative approval shall not be construed to result in a delegation of Federal authority to administer or enforce any measure contained in a State plan.
(b) CONSERVATION MEASURES UNDER STATE PLANS. (1) Each State emergency conservation plan under this section shall provide for emergency reduction in the public and private use of each energy source for which an emergency conservation target is in effect under section 211. Such State plan shall contain adequate assurances that measures contained therein will be effectively implemented in that State. Such plan may provide for reduced use of that energy source through voluntary programs or through the application of one or more of the following measures described in such plan:
(A) measures which are authorized under the laws of that State and which will be administered and enforced by officers and employees of the State (or political subdivisions of the State) pursuant to the laws of such State (or political subdivisions); and
(i) which the Governor requests, and agrees to assume, the responsibility for administration and enforcement in accordance with subsection (d);
(ii) which the attorney general of that State has found that (I) absent a delegation of authority under Federal law, the Governor lacks the authority under the laws of the State to invoke, (II) under applicable State law, the Governor and other appropriate State officers and employees are not prevented from administering and enforcing under a delegation of authority pursuant to Federal law; and (III) if implemented, would not be contrary to State law; and
(iii) which either the Secretary determines are contained in the standby Federal conservation plan established under section 213 or are approved by the Secretary, in his discretion.
(2) In the preparation of such plan (and any amendment to the plan) the Governor shall, to the maximum extent practicable, provide for consultation with representatives of affected businesses and local governments and provide an opportunity for public comment.
(3) Any State plan submitted to the Secretary under this section may permit persons affected by any measure in such plan to use alternative means of conserving at least as much energy as