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plans. The Secretary shall invite the Governor of each State to submit, within 5 months after the effective date of such guidelines, a report. Such report shall include
(1) a proposed State energy conservation plan designed to result in scheduled progress toward, and achievement of, the State energy conservation goal of such State; and
(2) a detailed description of the requirements, including the estimated cost of implementation and the estimated energy savings, associated with each functional category of energy conservation included in the State energy conservation plan. (c) Each proposed State energy conservation plan to be eligible for Federal assistance under this part shall include
(1) mandatory lighting efficiency standards for public buildings (except public buildings owned or leased by the United States);
(2) programs to promote the availability and use of carpools, vanpools, and public transportation (except that no Federal funds provided under this part shall be used for subsidizing fares for public transportation);
(3) mandatory standards and policies relating to energy efficiency to govern the procurement practices of such State and its political subdivisions;
(4) mandatory thermal efficiency standards and insulation requirements for new and renovated buildings (except buildings owned or leased by the United States); and
(5) a traffic law or regulation which, to the maximum extent practicable consistent with safety, permits the operator of a motor vehicle to turn such vehicle right at a red stop light after stopping.
(d) Each proposed State energy conservation plan may include(1) restrictions governing the hours and conditions of operations of public buildings (except buildings owned or leased by the United States);
(2) restrictions on the use of decorative or nonessential lighting;
(3) transportation controls;
(4) programs of public education to promote energy conservation; and
(5) any other appropriate method or programs to conserve and to improve efficiency in the use of energy.
(e) The Governor of any State may submit to the Secretary a State energy conservation plan which is a standby energy conservation plan to significantly reduce energy demand by regulating the public and private consumption of energy during a severe energy supply interruption, which plan may be separately eligible for Federal assistance under this part without regard to subsections (c) and (d) of this section.
[42 U.S.C. 6322]
FEDERAL ASSISTANCE TO STATES
SEC. 363. (a) Upon request of the Governor of any State, the Secretary shall provide, subject to the availability of personnel and funds, information and technical assistance, including model State
laws and proposed regulations relating to energy conservation, and other assistance in
(1) the preparation of the reports described in section 362, and
(2) the development, implementation, or modification of an energy conservation plan of such State submitted under section 362 (b) or (e).
(b)(1) The Secretary may grant Federal financial assistance pursuant to this section for the purpose of assisting such State in the development of any such energy conservation plan or in the implementation or modification of a State energy conservation plan or part thereof which has been submitted to and approved by the Secretary pursuant to this part.
(2) In determining whether to approve a State energy conservation plan submitted under section 362 (b) or (e), the Secretary
(A) shall take into account the impact of local economic, climatic, geographic, and other unique conditions and requirements of such State on the opportunity to conserve and to improve efficiency in the use of energy in such State; and
(B) may extend the period of time during which a State energy conservation feasibility report or State energy conservation plan may be submitted if the Secretary determines that participation by the State submitting such report or plan is likely to result in significant progress toward achieving the purposes of this Act. No such plan shall be disapproved without notice and an opportunity to present views.
(3) In determining the amount of Federal financial assistance to be provided to any State under this subsection, the Secretary shall consider
(A) the contribution to energy conservation which can reasonably be expected,
(B) the number of people affected by such plan, and
(C) the consistency of such plan with the purposes of this Act, and such other factors as the Secretary deems appropriate.
(c) Each recipient of Federal financial assistance under subsection (b) shall keep such records as the Secretary shall require, including records which fully disclose the amount and disposition by each recipient of the proceeds of such assistance, the total cost of the plan, program, projects, measures, or systems for which such assistance was given or used, the source and amount of funds for such plan, program, projects, measures, or systems not supplied by the Secretary, and such other records as the Secretary determines necessary to facilitate an effective audit and performance evaluation. The Secretary and Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination, at reasonable times and under reasonable conditions to any pertinent books, documents, papers, and records of any recipient of Federal assistance under this part.
[42 U.S.C. 6323]
ENERGY CONSERVATION GOALS
SEC. 364. Upon the basis of the reports submitted pursuant to this part and such other information as is available, the Secretary shall, at the earliest practicable date, set an energy conservation goal for each State for 1980 and may set interim goals. Such goal or goals shall consist of the maximum reduction in the consumption of energy during any year as a result of the implementation of the State energy conservation plan described in section 362(b) which is consistent with technological feasibility, financial resources, and economic objectives, by comparison with the projected energy consumption for such State in such year. The Secretary shall specify the assumptions used in the determination of the projected energy consumption in each State, taking into account population trends, economic growth, and the effects of national energy conservation programs.
SEC. 365. (a) The Secretary may prescribe such rules as may be necessary or appropriate to carry out his authority under this part. (b) In carrying out the provisions of sections 362 and 364 and subsection (a) of section 363, the Secretary shall consult with appropriate departments and Federal agencies.
(c) The Secretary shall report annually to the President and the Congress, and shall furnish copies of such report to the Governor of each State, on the operation of the program under this part. Such report shall include an estimate of the energy conservation achieved, the degree of State participation and achievement, a description of innovative conservation programs undertaken by individual States, and the recommendations of the Secretary, if any, for additional legislation.
(d) The Federal Trade Commission shall (1) cooperate with and assist State agencies which have primary responsibilities for the protection of consumers in activities aimed at preventing unfair and deceptive acts or practices affecting commerce which relate to the implementation of measures likely to conserve, or improve efficiency in the use of, energy, including energy conservation measures and renewable resource energy measures, and (2) undertake its own program, pursuant to the Federal Trade Commission Act to prevent unfair or deceptive acts or practices affecting commerce which relate to the implementation of any such measures.
(e) Within 90 days after the date of enactment of this subsection, the Secretary shall
(1) develop, by rule after consultation with the Secretary of Housing and Urban Development, and publish a list of energy conservation measures and renewable-resource energy measures which are eligible (on a national or regional basis for financial assistance pursuant to section 509 of the Housing and Urban Development Act of 1970 or section 451 of the Energy Conservation and Production Act;
(2) designate, by rule, the types of, and requirements for energy audits.
(f) There are authorized to be appropriated for carrying out the provisions of this part (other than section 367) $50,000,000 for fiscal
year 1976, $50,000,000 for fiscal year 1977, $50,000,000 for fiscal year 1978, and $50,000,000 for fiscal year 1979.
SEC. 366. As used in this part
(1) The term "appliance" means any article, such as a room air-conditioner, refrigerator-freezer, or dishwasher, which the Secretary classifies as an appliance for purposes of this part. (2) The term "building" means any structure which includes provision for a heating or cooling system, or both, or for a hot water system.
(3) The term "energy audit" means any process which identifies and specifies the energy and cost savings which are likely to be realized through the purchase and installation of particular energy conservation measures or renewable-resource energy measures and which—
(A) is carried out in accordance with rules of the Secretary; and
(i) no direct costs, with respect to individuals who are occupants of dwelling units in any State having a supplemental State energy conservation plan approved under section 367, and
(ii) only reasonable costs, as determined by the Secretary, with respect to any person not described in clause (i). Rules referred to in subparagraph (A) may include minimum qualifications for, and provisions with respect to conflicts of interest of, persons carrying out such energy audits.
(4) The term "energy conservation measure" means a measure which modifies any building or industrial plant, the construction of which has been completed prior to the date of enactment of the Energy Conservation and Production Act, if such measure has been determined by means of an energy audit or by the Secretary, by rule under section 365(e)(1), to be likely to improve the efficiency of energy use and to reduce energy costs (as calculated on the basis of energy cost reasonably projected over time, as determined by the Secretary) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of―
(A) the useful life of the modification involved, as determined by the Secretary, or
(B) 15 years after the purchase and installation of such
whichever is less. Such term does not include (i) the purchase or installation of any appliance, (ii) any conversion from one fuel or source of energy to another which is of a type which the Secretary, by rule, determines is ineligible on the basis that such type of conversion is inconsistent with national policy with respect to energy conservation or reduction of imports of fuels, or (iii) any measure, or type of measure, which
the Secretary determines does not have as its primary purpose an improvement in efficiency of energy use.
(5) The term "industrial plant," means any fixed equipment or facility which is used in connection with, or as part of, any process or system for industrial production or output.
(6) The term "renewable resource energy measure" means a measure which modifies any building or industrial plant, the construction of which has been completed prior to the date of enactment of the Energy Conservation and Production Act, if such measure has been determined by means of an energy audit or by the Secretary by rule under section 365(e)(1), to— (A) involve changing, in whole or in part, the fuel or source of the energy used to meet the requirements of such building or plant from a depletable source of energy to a nondepletable source of energy; and
(B) be likely to reduce energy costs (as calculated on the basis of energy costs reasonably projected over time, as determined by the Secretary) in an amount sufficient to enable a person to recover the total cost of purchasing and installing such measure (without regard to any tax benefit or Federal financial assistance applicable thereto) within the period of―
(i) the useful life of the modification involved, as determined by the Secretary, or
(ii) 25 years after the purchase and installation of such measure,
whichever is less.
such term does not include the purchase or installation of any appliance.
(7) The term "public building" means any building which is open to the public during normal business hours.
(8) The term "transportation controls" means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, restrictions, and requirements, which is designed to reduce the amount of energy consumed in transportation, except that the term does not include rationing of gasoline or diesel fuel.
SUPPLEMENTAL STATE ENERGY CONSERVATION PLANS
SEC. 367. (a)(1) The Secretary shall, within 6 months after the date of enactment of the Energy Conservation and Production Act, prescribe guidelines with respect to measures required to be included in, and guidelines for the development, modification, and funding of, supplemental State energy conservation plans. Such guidelines shall include the provisions of one or more model supplemental State energy conservation plans with respect to the requirements of this section.
(2) In prescribing such guidelines, the Secretary shall solicit and consider the recommendations of, and be available to consult with, the Governors of the States as to such guidelines. At least 60 days prior to the date of final publication of such guidelines, the Secretary shall publish proposed guidelines in the Federal Register and invite public comments thereon.