necessary, or discriminatory barriers to entry for small refiners and independent refiners. (b) Not later than April 1, 1977, the Administrator shall report to the Congress with respect to actions taken to carry out the policies in subsection (a). (c) For the purposes of this section the terms "small refiner" and "independent refiner" have the same meaning as such terms have under the Emergency Petroleum Allocation Act of 1973. [15 U.S.C. 753 note] EFFECTIVE DATE OF EPAA AMENDMENTS SEC. 124. The amendments made to section 8 of the Emergency Petroleum Allocation Act by section 122 of this Act shall take effect on the date of enactment of this Act. The amendments made to section 8 of such Act by section 121 of this Act shall take effect on the first day of the first full month which begins after the date of enactment of this Act. [15 U.S.C. 757 note] PART C-OFFICE OF ENERGY INFORMATION AND ANALYSIS FINDINGS AND PURPOSE SEC. 141. (a) The Congress finds that the public interest requires that decisionmaking, with respect to this Nation's energy requirements and the sufficiency and availability of energy resources and supplies, be based on adequate, accurate, comparable, coordinated, and credible energy information. (b) The purpose of this title is to establish within the Federal Energy Administration an Office of Energy Information and Analysis and a National Energy Information System to assure the availability of adequate, comparable, accurate, and credible energy information to the Federal Energy Administration, to other Government agencies responsible for energy-related policy decisions, to the Congress, and to the public. [15 U.S.C. 790 note] OFFICE OF ENERGY INFORMATION AND ANALYSIS SEC. 142. [Amends the Federal Energy Administration Act of 1974, which appears in part B of this compilation by inserting "PART A-FEDERAL ENERGY ADMINISTRATION" after the enacting clause and by adding a new part B.] [15 U.S.C. 761 note] EFFECTIVE DATE SEC. 143. The amendments made by this part C to the Federal Energy Administration Act of 1974 shall take effect 150 days after the date of enactment of this Act, except that section 56(c) of the Federal Energy Administration Act of 1974 (as added by this part) shall take effect on the date of enactment of this Act. [15 U.S.C. 790 note. 15 U.S.C. 761 note] PART D-AMENDMENTS TO OTHER ENERGY-RELATED LAW APPLIANCE PROGRAM SEC. 161. [Amends section 325(a) of the Energy Policy and Conservation Act.] ENERGY RESOURCES COUNCIL REPORTS SEC. 162. (a) [Amends section 108(b) of the Energy Reorganization Act of 1974.] (b) [Amends section 108 of the Energy Reorganization Act of 1974.] EXTENSION OF ENERGY RESOURCES COUNCIL SEC. 163. [Amends section 108(e) of the Energy Reorganization Act of 1974.] DEVELOPMENT OF UNDERGROUND COAL MINES SEC. 164. [Amends section 102 of the Energy Policy and Conservation Act.] TITLE II-ELECTRIC UTILITY RATE DESIGN INITIATIVES FINDINGS SEC. 201. (a) The Congress finds that improvement in electric utility rate design has great potential for reducing the cost of electric utility services to consumers and current and projected shortages of capital, and for encouraging energy conservation and better use of existing electrical generating facilities. (b) It is the purpose of this title to require the Federal Energy Administration to develop proposals for improvement of electric utility rate design and transmit such proposals to Congress; to fund electric utility rate demonstration projects; to intervene or participate, upon request, in the proceedings of utility regulatory commissions; and to provide financial assistance to State offices of consumer services to facilitate presentation of consumer interests before such commissions. [42 U.S.C. 6801] DEFINITIONS SEC. 202. As used in this title: (1) 1The term "Secretary" means the Secretary of Energy. (2) The term "electric utility" means any person, State agency, or Federal agency which sells electric energy. (3) The term "Federal agency" means any agency or instrumentality of the United States. (4) The term "State agency" means a State, political subdivision thereof, or any agency or instrumentality of either. (5) The term "State utility regulatory commission" means (A) any utility regulatory commission which is a State agency or (B) the Tennessee Valley Authority. 1 Subsection heading proposed in sec. 143 of Public Law 95-617 not included as reflection of probable intent. (6) The term "State" means any State, the District of Columbia, Puerto Rico, and any territory or possession of the United States. (7) The term "utility regulatory commission" means any State agency or Federal agency which has authority to fix, modify, approve, or disapprove rates for the sale of electric energy by any electric utility (other than by such agency). [42 U.S.C. 6802] ELECTRIC UTILITY RATE DESIGN PROPOSALS SEC. 203. (a) The Secretary shall develop proposals to improve electric utility rate design. Such proposals shall be designed to encourage energy conservation, minimize the need for new electric 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) shall be transmitted to each House of Congress not later than 6 months after the date of enactment of this Act, 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. [42 U.S.C. 6803] RATE DESIGN INNOVATION AND FEDERAL ENERGY ADMINISTRATION INTERVENTION SEC. 204. 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 adminis trative proceeding in which the Secretary intervened or participated under paragraph (2), intervene and participate in such action. [42 U.S.C. 6804] GRANTS FOR OFFICES OF CONSUMER SERVICES SEC. 205. (a) The Secretary may make grants to States, or otherwise as provided in subsection (c), 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 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) 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. [42 U.S.C. 6805] REPORTS SEC. 206. The Secretary shall include in each annual report submitted under section 657 of the Department of Energy Organization Act a statement with respect to activities conducted under this title and recommendations as to the need for and types of further Federal legislation. [42 U.S.C. 6806] STATE UTILITY REGULATORY ASSISTANCE SEC. 207. (a) 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) to carry out duties and responsibilities under titles I and III, and section 210, of the Public Utility Regulatory Policies Act of 1978. No grant may be made under this section to any Federal agency. (b) 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) or such as are otherwise required by law. (c) 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 electric utility 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) 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. [42 U.S.C. 6807] AUTHORIZATION OF APPROPRIATIONS SEC. 208. 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 207 (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 205 (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 204(1)(B) (relating to innovative rate structures). [42 U.S.C. 6808] TITLE III-ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS SHORT TITLE SEC. 301. This title may be cited as the "Energy Conservation Standards for New Buildings Act of 1976". [42 U.S.C. 6831 note] FINDINGS AND PURPOSES SEC. 302. (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; |