25 1 $200,000,000 for the fiscal year ending September 30, 1979, 2 and not to exceed $200,000,000 for the fiscal year ending 3 September 30, 1980, such sums to remain available until 4 expended.". 5 6 7 8 Subpart 3-New Building Performance Standards Grants CONSERVATION AND PRODUCTION ACT SEC. 131. Section 307 (b) of the Energy Conservation 9 and Production Act is amended to read as follows: 10 "(b) There is authorized to be appropriated for the 11 purpose of carrying out this section, the following amounts 12 13 14 15 16 17 "(1) for the fiscal year ending September 30, 1977, not to exceed $5,000,000; "(2) in the fiscal year ending September 30, 1978, not to exceed $10,000,000; and "(3) in the fiscal year ending September 30, 1979, not to exceed $10,000,000. 18 Any amount appropriated pursuant to this subsection shall 19 remain available until expended.". 24 SEC. 201. (a) Section 325 (a) of the Energy Policy 25 and Conservation Act is amended to read as follows: 26 1 “(a) (1) (A) Except as otherwise provided in para2 graph (3), the Administrator shall, by rule, prescribe an 3 energy efficiency standard for each type or class of covered 4 product specified in paragraphs (1), (2), (5), (6), (9), 5 (12), and (13) of section 322 (a). 6 "(B) The Administrator may, by rule, prescribe an 7 energy efficiency standard for any type or class of covered 8 products of each of the types specified in paragraphs (3), 9 (4), (7), (8), (10), (11), and (14) of section 322 (a), 10 except that the Administrator may not prescribe an energy 11 efficiency standard for a type or class of covered product 12 described in paragraph (14) of section 322 (a) unless he 13 determines that 3 "(i) average per household energy use by products of such type exceeds 150 kilowatt-hours (or its Btu equivalent) per year; "(ii) aggregate household energy use by products of such type exceeds 4,200,000,000 kilowatt-hours per year; and 66 (iii) substantial improvement in the energy efficiency of products of such type is possible. "(2) No standard for a type (or class) of covered product shall be prescribed pursuant to paragraph (1) unless a test procedure has been prescribed pursuant to section 323 with respect to that type (or class) of product. "(3) The Administrator shall not prescribe an energy 27 1 efficiency standard for a type or class of covered product 2 if he determines that the establishment of such standard is 3 not technologically feasible or not economically justified. "(4) Energy efficiency standards established pursuant 4 5 to this section shall be designed to achieve the maximum 6 improvement in energy efficiency which the Administrator 7 determines is technologically feasible and economically justi8 fied, and may be phased in over a period of years through 9 the establishment of intermediate standards. 10 "(5) In determining whether a standard is econom11 ically justified pursuant to paragraph (3) or (4), the 12 Administrator shall consider "(A) the economic impact of the standard, "(B) the total projected amount of energy savings likely to result from the imposition of the standard, “(C) the savings in operating costs throughout the estimated average life of covered products in the type or class, compared to any increase in the price of or in initial charges for, or maintenance expenses of, the cov ered product which is likely to result from the imposition of the standard, "(D) any lessening of the utility or the performance of the covered product likely to result from the im position of the standard, "(E) any negative effects on competition likely to result from the imposition of the standard, 1 2 3 4 6 and 28 "(F) the need of the Nation to conserve energy, "(G) any other factors he considers relevant. “(6) A rule prescribing an energy efficiency standard for a type or class of covered product may, for not more than two years, exempt, in whole or in part, from its re 7 quirements manufacturers of covered products whose gross 8 revenues from all operations (including but not limited to 9 the manufacture and sale of covered products) do not exceed $8,000,000 per annum, as determined by the Admin11 istrator, and with respect to whom the Administrator determines imposition of the standard may result in a sub 121 13 stantial lessening of competition. 14 “(7) A rule prescribing an energy efficiency standard 15 for a type or class of covered product may specify different 16 minimum levels of energy efficiency for covered products 17 within such type or class based upon the kind of energy 18 consumed by such covered products. "(8) The Administrator shall, not later than five years after promulgation of an energy efficiency standard, conduct a reevaluation in order to determine whether such standard should be modified. In conducting such reevaluation the Administrator shall take into account such information as he deems relevant, including technological developments with respect to the manufacture of the type or class of covered product involved and the economic impact of the standard.". 1 29 (b) Section 325 (b) of the Energy Policy and Con 2 servation Act is amended by redesignating paragraphs (2) 3 and (3) as paragraphs (3) and (4) respectively, and insert 4 ing a new paragraph (2) to read as follows: 66 5 '(2) With respect to covered products of each of the 6 types specified in section 325 (a) (1) (A), an advance no7 tice of proposed rulemaking with respect to such type or 8 class of covered product shall be promulgated by the Ad9 ministrator not later than thirty days after a test procedure 10 with respect to that type or class of covered product has 11 been prescribed, or thirty days after enactment of the Na12 tional Energy Act, whichever is later.". 234 13 14 15 16 (c) Part B of title III of the Energy Policy and Conservation Act is further amended as follows: (1) Section 324 (c) (5) is amended by inserting ", in cluding instructions for the maintenance, use, or repair of the 17 covered product," after "energy consumption" in the matter 18 following subparagraph (C). 19 (2) Section 325 (d) is deleted. (3) Section 326 is amended by adding a new subsec tion (d), to read as follows: "(d) The Administrator may require each manufacturer of covered products to submit such information or reports with respect to energy efficiency of such covered products as the Administrator determines may be necessary to estab lish standards under section 325.". |