
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6322]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
                 Part B--State Energy Conservation Plans
 
Sec. 6322. State energy conservation plans


(a) Feasibility reports

    The Secretary shall, by rule, within 60 days after December 22, 
1975, prescribe guidelines for the preparation of a State energy 
conservation feasibility report. The Secretary shall invite the Governor 
of each State to submit, within 3 months after the effective date of 
such guidelines, such a report. Such report shall include--
        (1) an assessment of the feasibility of establishing a State 
    energy conservation goal, which goal shall consist of a reduction, 
    as a result of the implementation of the State energy conservation 
    plan described in this section, of 5 percent or more in the total 
    amount of energy consumed in such State in the year 1980 from the 
    projected energy consumption for such State in the year 1980, and
        (2) a proposal by such State for the development of a State 
    energy conservation plan to achieve such goal.

(b) Guidelines

    The Secretary shall, by rule, within 6 months after December 22, 
1975, prescribe guidelines with respect to measures required to be 
included in, and guidelines for the development, modification, and 
funding of, State energy conservation 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) Mandatory features of plans

    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);
        (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 and to turn such vehicle left from a one-way street onto a 
    one-way street at a red light after stopping; and
        (6) procedures for ensuring effective coordination among various 
    local, State, and Federal energy conservation programs within the 
    State, including any program administered within the Office of 
    Technical and Financial Assistance of the Department of Energy and 
    the Low Income Home Energy Assistance Program administered by the 
    Department of Health and Human Services.

(d) Optional features of plans

    Each proposed State energy conservation plan may include--
        (1) restrictions governing the hours and conditions of operation 
    of public buildings (except buildings owned or leased by the United 
    States);
        (2) restrictions on the use of decorative or nonessential 
    lighting;
        (3) programs to increase transportation energy efficiency, 
    including programs to accelerate the use of alternative 
    transportation fuels for State government vehicles, fleet vehicles, 
    taxies, mass transit, and privately owned vehicles;
        (4) programs of public education to promote energy conservation;
        (5) programs for financing energy efficiency and renewable 
    energy capital investments, projects, and programs--
            (A) which may include loan programs and performance 
        contracting programs for leveraging of additional public and 
        private sector funds, and programs which allow rebates, grants, 
        or other incentives for the purchase and installation of energy 
        efficiency and renewable energy measures; or
            (B) in addition to or in lieu of programs described in 
        subparagraph (A), which may be used in connection with public or 
        nonprofit buildings owned and operated by a State, a political 
        subdivision of a State or an agency or instrumentality of a 
        State, or an organization exempt from taxation under section 
        501(c)(3) of title 26;

        (6) programs for encouraging and for carrying out energy audits 
    with respect to buildings and industrial facilities (including 
    industrial processes) within the State;
        (7) programs to promote the adoption of integrated energy plans 
    which provide for--
            (A) periodic evaluation of a State's energy needs, available 
        energy resources (including greater energy efficiency), and 
        energy costs; and
            (B) utilization of adequate and reliable energy supplies, 
        including greater energy efficiency, that meet applicable 
        safety, environmental, and policy requirements at the lowest 
        cost;

        (8) programs to promote energy efficiency in residential 
    housing, such as--
            (A) programs for development and promotion of energy 
        efficiency rating systems for newly constructed housing and 
        existing housing so that consumers can compare the energy 
        efficiency of different housing; and
            (B) programs for the adoption of incentives for builders, 
        utilities, and mortgage lenders to build, service, or finance 
        energy efficient housing;

        (9) programs to identify unfair or deceptive acts or practices 
    which relate to the implementation of energy efficiency measures and 
    renewable resource energy measures and to educate consumers 
    concerning such acts or practices;
        (10) programs to modify patterns of energy consumption so as to 
    reduce peak demands for energy and improve the efficiency of energy 
    supply systems, including electricity supply systems;
        (11) programs to promote energy efficiency as an integral 
    component of economic development planning conducted by State, 
    local, or other governmental entities or by energy utilities;
        (12) in accordance with subsection (f)(2) of this section, 
    programs to implement the Energy Technology Commercialization 
    Services Program;
        (13) programs (enlisting appropriate trade and professional 
    organizations in the development and financing of such programs) to 
    provide training and education (including, if appropriate, training 
    workshops, practice manuals, and testing for each area of energy 
    efficiency technology) to building designers and contractors 
    involved in building design and construction or in the sale, 
    installation, and maintenance of energy systems and equipment to 
    promote building energy efficiency improvements;
        (14) programs for the development of building retrofit standards 
    and regulations, including retrofit ordinances enforced at the time 
    of the sale of a building;
        (15) support for prefeasibility and feasibility studies for 
    projects that utilize renewable energy and energy efficiency 
    resource technologies in order to facilitate access to capital and 
    credit for such projects;
        (16) programs to facilitate and encourage the voluntary use of 
    renewable energy technologies for eligible participants in Federal 
    agency programs, including the Rural Electrification Administration 
    and the Farmers Home Administration; and
        (17) any other appropriate method or programs to conserve and to 
    promote efficiency in the use of energy.

(e) Standby plans

    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.

(f) Energy Technology Commercialization Services Program

    (1) The purposes of this subsection are to--
        (A) strengthen State outreach programs to aid small and start-up 
    businesses;
        (B) foster a broader application of engineering principles and 
    techniques to energy technology products, manufacturing, and 
    commercial production by small and start-up businesses; and
        (C) foster greater assistance to small and start-up businesses 
    in dealing with the Federal Government on energy technology related 
    matters.

    (2) The programs to implement the functions of the Energy Technology 
Commercialization Services Program, as provided for by subsection 
(d)(12) of this section, shall--
        (A) aid small and start-up businesses in discovering useful and 
    practical information relating to manufacturing and commercial 
    production techniques and costs associated with new energy 
    technologies;
        (B) encourage the application of such information in order to 
    solve energy technology product development and manufacturing 
    problems;
        (C) establish an Energy Technology Commercialization Services 
    Program affiliated with an existing entity in each State;
        (D) coordinate engineers and manufacturers to aid small and 
    start-up businesses in solving specific technical problems and 
    improving the cost effectiveness of methods for manufacturing new 
    energy technologies;
        (E) assist small and start-up businesses in preparing the 
    technical portions of proposals seeking financial assistance for new 
    energy technology commercialization; and
        (F) facilitate contract research between university faculty and 
    students and small start-up businesses, in order to improve energy 
    technology product development and independent quality control 
    testing.

    (3) Each State energy technology commercialization services program 
shall develop and maintain a data base of engineering and scientific 
experts in energy technologies and product commercialization interested 
in participating in the service. Such data base shall, at a minimum, 
include faculty of institutions of higher education, retired 
manufacturing experts, and national laboratory personnel.
    (4) The services provided by the energy technology commercialization 
services programs established under this subsection shall be available 
to any small or start-up business. Such service programs shall charge 
fees which are affordable to a party eligible for assistance, which 
shall be determined by examining factors, including the following: (A) 
the costs of the services received; (B) the need of the recipient for 
the services; and (C) the ability of the recipient to pay for the 
services.
    (5) For the purposes of this subsection, the term--
        (A) ``institution of higher education'' has the same meaning as 
    such term is defined in section 1001 of title 20;
        (B) ``small business'' means a private firm that does not exceed 
    the numerical size standard promulgated by the Small Business 
    Administration under section 632(a) of title 15 for the Standard 
    Industrial Classification (SIC) codes designated by the Secretary of 
    Energy; and
        (C) ``start-up business'' means a small business which has been 
    in existence for 5 years or less.

(Pub. L. 94-163, title III, Sec. 362, Dec. 22, 1975, 89 Stat. 933; Pub. 
L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. 
L. 101-440, Secs. 3(a), 4(a), (b), Oct. 18, 1990, 104 Stat. 1006-1008; 
Pub. L. 102-486, title I, Sec. 141(b), (c)(1), Oct. 24, 1992, 106 Stat. 
2841; Pub. L. 105-244, title I, Sec. 102(a)(13)(E), Oct. 7, 1998, 112 
Stat. 1620; Pub. L. 105-388, Sec. 5(a)(8), Nov. 13, 1998, 112 Stat. 
3478.)


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-388, Sec. 5(a)(8)(A), inserted 
``of'' after ``of the implementation''.
    Subsec. (d)(12). Pub. L. 105-388, Sec. 5(a)(8)(B), substituted 
``subsection (f)(2)'' for ``subsection (g)''.
    Subsec. (f)(5)(A). Pub. L. 105-244 substituted ``section 1001'' for 
``section 1141(a)''.
    1992--Subsec. (c)(5). Pub. L. 102-486, Sec. 141(c)(1), substituted 
``and to turn such vehicle left from a one-way street onto a one-way 
street at a red light after stopping; and'' for ``; and''.
    Subsec. (d)(13) to (17). Pub. L. 102-486, Sec. 141(b), added pars. 
(13) to (16) and redesignated former par. (13) as (17).
    1990--Subsec. (c)(6). Pub. L. 101-440, Sec. 3(a), added par. (6).
    Subsec. (d)(3). Pub. L. 101-440, Sec. 4(a)(1), added par. (3) and 
struck out former par. (3) which read as follows: ``transportation 
controls;''.
    Subsec. (d)(5) to (13). Pub. L. 101-440, Sec. 4(a)(3), added pars. 
(5) to (13) and struck out former par. (5) which read as follows: ``any 
other appropriate method or programs to conserve and to improve 
efficiency in the use of energy.''
    Subsec. (f). Pub. L. 101-440, Sec. 4(b), added subsec. (f).
    1978--Subsecs. (a), (b), (e). Pub. L. 95-619 substituted 
``Secretary'' for ``Administrator'', meaning Administrator of the 
Federal Energy Administration, wherever appearing.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of Title 20, Education.


                    Effective Date of 1992 Amendment

    Section 141(c)(2) of Pub. L. 102-486 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall take effect January 
1, 1995.''


 Study Regarding Impact of Permitting Right and Left Turns on Red Lights

    Section 141(d) of Pub. L. 102-486 provided that:
    ``(1) In General.--The Administrator of the National Highway Traffic 
Safety Administration, in consultation with State agencies with 
jurisdiction over traffic safety issues, shall conduct a study on the 
safety impact of the requirement specified in section 362(c)(5) of the 
Energy Policy and Conservation Act (42 U.S.C. 6322(c)(5)), particularly 
with respect to the impact on pedestrian safety.
    ``(2) Report.--The Administrator shall report the findings of the 
study conducted under paragraph (1) to the Congress and the Secretary 
not later than 2 years after the date of the enactment of this Act [Oct. 
24, 1992].''


                            Cross References

    State emergency energy conservation plan, see section 8512 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5511a, 6323, 6323a, 6325, 
6371 of this title.
