42 U.S.C. § 8211 — Untitled legal text

Page 7541 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 8211 to 8229 Sec. 8287b. Reports. 8287c. Definitions. 8287d. Assistance to Federal agencies in achieving energy efficiency in Federal facilities and operations. SUBCHAPTER I—GENERAL PROVISIONS § 8201. Findings and statement of purposes (a) Findings The Congress finds that— (1) the United States has survived a period of energy shortage and has made significant progress toward improving energy efficiency in all sectors of the economy; (2) effective measures must continue to be taken by the Federal Government and other users and suppliers of energy to control the rate of growth of demand for energy and the efficiency of its use; (3) the continuation of this effort will permit the United States to become increasingly independent of the world oil market, less vul- nerable to interruption of foreign oil supplies, and more able to provide energy to meet fu- ture needs; and (4) all sectors of the economy of the United States should continue to reduce significantly the demand for nonrenewable energy resources such as oil and natural gas by implementing and maintaining effective conservation meas- ures for the efficient use of these and other en- ergy sources. (b) Statement of purposes The purposes of this chapter are to provide for the regulation of interstate commerce, to reduce the growth in demand for energy in the United States, and to conserve nonrenewable energy re- sources produced in this Nation and elsewhere, without inhibiting beneficial economic growth. (Pub. L. 95–619, title I, § 102, Nov. 9, 1978, 92 Stat. 3208; Pub. L. 99–412, title I, § 101, Aug. 28, 1986, 100 Stat. 932.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 95–619, Nov. 9, 1978, 92 Stat. 3206, known as the National Energy Con- servation Policy Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–412 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘The Congress finds that— ‘‘(1) the United States faces an energy shortage arising from increasing demand for energy, particu- larly for oil and natural gas, and insufficient domes- tic supplies of oil and natural gas to satisfy that de- mand; ‘‘(2) unless effective measures are promptly taken by the Federal Government and other users of energy to reduce the rate of growth of demand for energy, the United States will become increasingly dependent on the world oil market, increasingly vulnerable to interruptions of foreign oil supplies, and unable to provide the energy to meet future needs; and ‘‘(3) all sectors of our Nation’s economy must begin immediately to significantly reduce the demand for nonrenewable energy resources such as oil and nat- ural gas by implementing and maintaining effective conservation measures for the efficient use of these and other energy sources.’’ Statutory Notes and Related Subsidiaries SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–615, § 1, Nov. 5, 1988, 102 Stat. 3185, pro- vided that: ‘‘This Act [enacting section 5001 of Title 15, Commerce and Trade, amending sections 6361 and 8251 to 8259 of this title, omitting sections 8260 and 8261 of this title, and enacting provisions set out as a note under section 8253 of this title] may be cited as the ‘Federal Energy Management Improvement Act of 1988’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–412, § 1, Aug. 28, 1986, 100 Stat. 932, provided that: ‘‘This Act [enacting sections 8227 to 8229 of this title, amending sections 8201, 8211, 8213 to 8220, and 8226 of this title, repealing sections 8281 to 8281b, 8282 to 8282b, 8283, 8283a, and 8284 of this title, and enacting provisions set out as notes under sections 8211, 8216, 8217, 8281, and 8282 of this title] may be cited as the ‘Conservation Service Reform Act of 1986’.’’ SHORT TITLE Pub. L. 95–619, title I, § 101(a), Nov. 9, 1978, 92 Stat. 3206, provided that: ‘‘This Act [enacting this chapter, sections 1490i, 6215, 6311 to 6317, 6344a, 6371, 6371a to 6371j, 6372, 6372a to 6372i, 6373, 6873, and 7141 of this title, and sections 1723f to 1723h of Title 12, Banks and Bank- ing, amending sections 300k–2, 300n–1, 1437c, 1471, 1474, 1483, 6202, 6211, 6233 to 6241, 6243 to 6245, 6272 to 6274, 6291 to 6299, 6303 to 6309, 6321 to 6327, 6341 to 6346, 6361, 6381, 6383, 6392, 6836, 6862, 6863, 6865, and 6872 of this title, sec- tions 1451, 1703, 1709, 1713, 1715z–6, 1717, and 1735f–4 of Title 12, and sections 2006 and 2008 of Title 15, Com- merce and Trade, repealing section 6397 of this title, and enacting provisions set out as notes under this sec- tion, sections 6321, 6344a, 6345, 6371, and 6372 of this title, section 2006 of Title 15, and section 217 of Title 23, Highways] may be cited as the ‘National Energy Con- servation Policy Act’.’’ Pub. L. 95–619, title V, § 561, Nov. 9, 1978, 92 Stat. 3280, provided that: ‘‘This part [part 4 (§§ 561–569) of title V of Pub. L. 95–619, enacting sections 8271 to 8278 of this title] may be cited as the ‘Federal Photovoltaic Utili- zation Act’.’’ SUBCHAPTER II—RESIDENTIAL ENERGY CONSERVATION PART A—UTILITY PROGRAM §§ 8211 to 8229. Omitted Editorial Notes CODIFICATION Sections were omitted pursuant to section 8229 of this title, which terminated authority under this part June 30, 1989. Section 8211, Pub. L. 95–619, title II, § 210, Nov. 9, 1978, 92 Stat. 3209; Pub. L. 96–294, title V, §§ 541, 542(a), June 30, 1980, 94 Stat. 741; Pub. L. 99–412, title I, § 102(d)(1), (h)(1), Aug. 28, 1986, 100 Stat. 933, 934, defined terms for this part. Section 8212, Pub. L. 95–619, title II, § 211, Nov. 9, 1978, 92 Stat. 3211, related to coverage of this part. Section 8213, Pub. L. 95–619, title II, § 212, Nov. 9, 1978, 92 Stat. 3211; Pub. L. 96–294, title V, § 542(b), June 30, 1980, 94 Stat. 741; Pub. L. 99–412, title I, § 102(c), (d)(2), (h)(2), Aug. 28, 1986, 100 Stat. 933, 934; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, related to rules of Secretary for submission and approval of plans. Section 8214, Pub. L. 95–619, title II, § 213, Nov. 9, 1978, 92 Stat. 3213; Pub. L. 96–294, title V, §§ 542(c), 543, 546(b), Page 7542 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 8231 (c), June 30, 1980, 94 Stat. 742, 744; Pub. L. 99–412, title I, § 102(b)(3), (h)(3), Aug. 28, 1986, 100 Stat. 933, 934, re- lated to requirements for State residential energy con- servation plans for regulated utilities. Section 8215, Pub. L. 95–619, title II, § 214, Nov. 9, 1978, 92 Stat. 3214; Pub. L. 99–412, title I, § 102(h)(4), Aug. 28, 1986, 100 Stat. 934, related to plan requirements for non- regulated utilities and home heating suppliers. Section 8216, Pub. L. 95–619, title II, § 215, Nov. 9, 1978, 92 Stat. 3215; Pub. L. 96–294, title V, § 544, June 30, 1980, 94 Stat. 742; Pub. L. 99–412, title I, § 102(a)(1), (2)(A), (b)(1), (e), (h)(5)–(7), Aug. 28, 1986, 100 Stat. 932–934, re- lated to utility programs. Section 8217, Pub. L. 95–619, title II, § 216, Nov. 9, 1978, 92 Stat. 3217; Pub. L. 96–294, title V, §§ 545, 546(a), 547, June 30, 1980, 94 Stat. 743, 744; Pub. L. 99–412, title I, §§ 102(h)(8), (9), 106(a)–(c), Aug. 28, 1986, 100 Stat. 934, 941, 942; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 105–388, § 5(c)(2), Nov. 13, 1998, 112 Stat. 3479, related to supply and installation by public utilities. Section 8218, Pub. L. 95–619, title II, § 217, Nov. 9, 1978, 92 Stat. 3219; Pub. L. 99–412, title I, § 102(a)(1), (b)(2), Aug. 28, 1986, 100 Stat. 932, 933, related to home heating supplier programs. Section 8219, Pub. L. 95–619, title II, § 218, Nov. 9, 1978, 92 Stat. 3220; Pub. L. 99–412, title I, § 102(g), Aug. 28, 1986, 100 Stat. 934, related to temporary programs. Section 8220, Pub. L. 95–619, title II, § 219, Nov. 9, 1978, 92 Stat. 3220; Pub. L. 99–412, title I, § 102(f), Aug. 28, 1986, 100 Stat. 933, related to Federal standby authority. Section 8221, Pub. L. 95–619, title II, § 220, Nov. 9, 1978, 92 Stat. 3222; Pub. L. 96–294, title V, §§ 542(d), 550, June 30, 1980, 94 Stat. 742, 745, provided relationship to other laws. Section 8222, Pub. L. 95–619, title II, § 221, Nov. 9, 1978, 92 Stat. 3223, authorized promulgation of rules. Section 8223, Pub. L. 95–619, title II, § 222, Nov. 9, 1978, 92 Stat. 3223; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433, related to product standards. Section 8224, Pub. L. 95–619, title II, § 223, Nov. 9, 1978, 92 Stat. 3223, authorized appropriations. Section 8225, Pub. L. 95–619, title II, § 224, Nov. 9, 1978, 92 Stat. 3223, required report on energy conservation in apartment buildings. Section 8226, Pub. L. 95–619, title II, § 225, Nov. 9, 1978, 92 Stat. 3224; Pub. L. 99–412, title I, § 104(a), Aug. 28, 1986, 100 Stat. 939, provided for reports and dissemination of information. Section 8227, Pub. L. 95–619, title II, § 226, as added Pub. L. 99–412, title I, § 103(a), Aug. 28, 1986, 100 Stat. 935, related to alternative State plans. Section 8228, Pub. L. 95–619, title II, § 227, as added Pub. L. 99–412, title I, § 103(a), Aug. 28, 1986, 100 Stat. 937, related to waiver for regulated and nonregulated utili- ties. Section 8229, Pub. L. 95–619, title II, § 228, as added Pub. L. 99–412, title I, § 105(a), Aug. 28, 1986, 100 Stat. 941, provided that all authority, including authority to en- force any prohibitions, under this part would terminate June 30, 1989, except that such expiration would not af- fect any action or proceeding based upon an act com- mitted prior to midnight June 30, 1989, and not finally determined by such date. PART B—MISCELLANEOUS § 8231. Grants for energy conserving improve- ments; establishment of standards; author- ization of appropriations (1) The Secretary of Housing and Urban Devel- opment is authorized to make grants to finance energy conserving improvements (as defined in subparagraph (2) of the last paragraph of section 1703(a) of title 12) to projects which are financed with loans under section 1701q of title 12, or which are subject to mortgages insured under section 1715l(d)(3) or section 1715z–1 of title 12. The Secretary shall make assistance available under this section on a priority basis to those projects which are in financial difficulty as a re- sult of high energy costs. In carrying out the program authorized by this section, the Sec- retary shall issue regulations requiring that any grant made under this section shall be made only on the condition that the recipient of such grant shall take steps (prescribed by the Sec- retary) to assure that the benefits derived from such grants in terms of lower energy costs shall accrue to tenants in the form of lower rentals or to the Federal Government in the form of a lower operating subsidy if such a subsidy is being paid to such recipient. (2) The Secretary shall establish minimum standards for energy conserving improvements to multifamily dwelling units to be assisted under this section. (3) There are authorized to be appropriated to carry out the provisions of this section not to exceed $25,000,000. (Pub. L. 95–619, title II, § 251(b), Nov. 9, 1978, 92 Stat. 3235; Pub. L. 105–388, § 5(c)(3), Nov. 13, 1998, 112 Stat. 3479.) Editorial Notes AMENDMENTS 1998—Par. (1). Pub. L. 105–388 inserted closing paren- thesis after ‘‘section 1703(a) of title 12’’ and substituted ‘‘accrue’’ for ‘‘accure’’. § 8232. Residential energy efficiency standards study (a) General authority The Secretary of Housing and Urban Develop- ment (hereinafter in this section referred to as the ‘‘Secretary’’) shall, in coordination with the Secretary of Agriculture, the Secretary of the Treasury, the Secretary of Veterans Affairs, the Secretary of Energy, and such other representa- tives of Federal, State, and local governments as the Secretary shall designate, conduct a study, utilizing the services of the National In- stitute of Building Sciences pursuant to appro- priate contractual arrangements, for the pur- pose of determining the need for, the feasibility of, and the problems of requiring, by mandatory Federal action, that all residential dwelling units meet applicable energy efficient stand- ards. The subjects to be examined shall include, but not be limited to, mandatory notification to purchasers, and policies to prohibit exchange or sale, of properties which do not conform to such standards. (b) Specific factors In conducting such study, the Secretary shall consider at least the following factors— (1) the extent to which such requirement would protect a prospective purchaser from the uncertainty of not knowing the energy ef- ficiency of the property he proposes to pur- chase; (2) the extent to which such requirement would contribute to the Nation’s energy con- servation goals; (3) the extent to which such a requirement would affect the real estate, home building, and mortgage banking industries; (4) the sanctions which might be necessary to make such a requirement effective and the