
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: 42USC6325]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
                 Part B--State Energy Conservation Plans
 
Sec. 6325. General provisions


(a) Rules

    The Secretary may prescribe such rules as may be necessary or 
appropriate to carry out his authority under this part.

(b) Departmental consultation

    In carrying out the provisions of sections 6322 and 6324 of this 
title and subsection (a) of section 6323 of this title, the Secretary 
shall consult with appropriate departments and Federal agencies.

(c) Annual report

    The Secretary shall, as part of the report required under section 
7267 of this title, report 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) Duty of Federal Trade Commission to prevent unfair or deceptive 
        practices or acts relating to implementation of energy measures

    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 [15 U.S.C. 41 et seq.], to prevent unfair 
or deceptive acts or practices affecting commerce which relate to the 
implementation of any such measures.

(e) List of energy measures eligible for financial assistance; 
        designation of types and requirements of energy audits

    Within 90 days after August 14, 1976, 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 1701z-8 of title 12 or section 6881 
    of this title;
        (2) designate, by rule, the types of, and requirements for, 
    energy audits.

(f) Authorization of appropriations

    For the purpose of carrying out this part, there are authorized to 
be appropriated for fiscal years 1999 through 2003 such sums as may be 
necessary.

(g) State Energy Advisory Board

    (1)(A) There is hereby established within the Department of Energy a 
State Energy Advisory Board (hereafter in this subsection referred to as 
the ``Board'') which shall consist of at least 18 and not more than 21 
members appointed by the Secretary as soon as practicable but no later 
than September 30, 1991. At least eight of the members of the Board 
shall be persons who serve as directors of the State agency, or a 
division of such agency, responsible for developing State energy 
conservation plans pursuant to section 6322 of this title. At least four 
members shall be directors of State or local low income weatherization 
assistance programs. Other members shall be appointed from persons who 
have experience in energy efficiency or renewable energy programs from 
the private sector, consumer interest groups, utilities, public utility 
commissions, educational institutions, financial institutions, local 
government energy programs, or research institutions. A majority of the 
members of the Board shall be State employees.
    (B)(i) Except as provided in clause (ii), the members of the Board 
shall serve a term of three years.
    (ii) Of the members first appointed to the Board, one-third shall 
serve a term of one year, one-third shall serve a term of two years, and 
the remainder shall serve a term of three years, as specified by the 
Secretary.
    (2) The Board shall--
        (A) make recommendations to the Assistant Secretary for 
    Conservation and Renewable Energy within the Department of Energy 
    with respect to--
            (i) the energy efficiency goals and objectives of the 
        programs carried out under this part, part E of this subchapter, 
        and under part A of title IV of the Energy Conservation and 
        Production Act [42 U.S.C. 6861 et seq.]; and
            (ii) programmatic and administrative policies designed to 
        strengthen and improve the programs referred to in clause (i), 
        including actions that should be considered to encourage non-
        Federal resources (including private resources) to supplement 
        Federal financial assistance;

        (B) serve as a liaison between the States and such Department on 
    energy efficiency and renewable energy resource programs; and
        (C) encourage transfer of the results of research and 
    development activities carried out by the Federal Government with 
    respect to energy efficiency and renewable energy resource 
    technologies.

    (3) The Secretary shall designate one of the members of the Board to 
serve as its chairman and one to serve as its vice-chairman. The 
chairman and vice-chairman shall serve in those offices no longer than 
two years.
    (4) The Secretary shall provide the Board with such reasonable 
services and facilities as may be necessary for the performance of its 
functions.
    (5) The Board shall be nonpartisan.
    (6) The Board may adopt administrative rules and procedures and may 
elect one of its members secretary of the Board.
    (7) Consistent with Federal regulations, the Secretary shall 
reimburse members of the Board for expenses (including travel expenses) 
necessarily incurred by them in the performance of their duties.
    (8) The Board shall meet at least twice a year and shall submit an 
annual report to the Secretary and the Congress on the activities 
carried out by the Board in the previous fiscal year, including an 
accounting of the expenses reimbursed under paragraph (7) with respect 
to the year for which the report is made and any recommendations it may 
have for administrative or legislative changes concerning the matters 
referred to in subparagraphs (A), (B), and (C) of paragraph (2).
    (9) The Board shall continue until terminated by law.

(Pub. L. 94-163, title III, Sec. 365, Dec. 22, 1975, 89 Stat. 935; Pub. 
L. 94-385, title IV, Sec. 432(d), Aug. 14, 1976, 90 Stat. 1162; Pub. L. 
95-619, title VI, Secs. 621, 691(b)(2), Nov. 9, 1978, 92 Stat. 3283, 
3288; Pub. L. 101-440, Secs. 5, 8(a), Oct. 18, 1990, 104 Stat. 1009, 
1015; Pub. L. 102-486, title I, Sec. 141(a)(2), Oct. 24, 1992, 106 Stat. 
2841; Pub. L. 104-66, title I, Sec. 1052(f), Dec. 21, 1995, 109 Stat. 
718; Pub. L. 105-388, Sec. 2(a), Nov. 13, 1998, 112 Stat. 3477.)

                       References in Text

    The Federal Trade Commission Act, referred to in subsec. (d), is act 
Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified 
generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title 15, 
Commerce and Trade. For complete classification of this Act to the Code, 
see section 58 of Title 15 and Tables.
    The Energy Conservation and Production Act, referred to in subsec. 
(g)(2)(A)(i), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1125, as 
amended. Part A of title IV of the Act is classified generally to part A 
(Sec. 6861 et seq.) of subchapter III of chapter 81 of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 6801 of this title and Tables.


                               Amendments

    1998--Subsec. (f). Pub. L. 105-388 amended subsec. (f) generally. 
Prior to amendment, subsec. (f) read as follows:
    ``(f)(1) Except as provided in paragraph (2), for the purpose of 
carrying out this part, there are authorized to be appropriated not to 
exceed $25,000,000 for fiscal year 1991, $35,000,000 for fiscal year 
1992, and $45,000,000 for fiscal year 1993.
    ``(2) For the purposes of carrying out section 6323(f) of this 
title, there is authorized to be appropriated for fiscal year 1994 and 
each fiscal year thereafter such sums as may be necessary, to remain 
available until expended.''
    1995--Subsec. (c). Pub. L. 104-66 substituted ``, as part of the 
report required under section 7267 of this title, report'' for ``report 
annually'' in first sentence.
    1992--Subsec. (f). Pub. L. 102-486 designated existing provisions as 
par. (1), substituted ``Except as provided in paragraph (2), for the 
purpose'' for ``For the purpose'', and added par. (2).
    1990--Subsec. (f). Pub. L. 101-440, Sec. 8(a), amended subsec. (f) 
generally. Prior to amendment, subsec. (f) read as follows: ``There are 
authorized to be appropriated for carrying out the provisions of this 
part (other than section 6327 of this title) $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.''
    Subsec. (g). Pub. L. 101-440, Sec. 5, added subsec. (g).
    1978--Subsecs. (a) to (c), (e). Pub. L. 95-619, Sec. 691(b)(2), 
substituted ``Secretary'' for ``Administrator'', meaning Administrator 
of the Federal Energy Administration, wherever appearing.
    Subsec. (f). Pub. L. 95-619, Sec. 621, authorized to be appropriated 
$50,000,000 for fiscal year 1979.
    1976--Subsec. (d). Pub. L. 94-385, Sec. 432(d)(1), (2), added 
subsec. (d). Former subsec. (d) redesignated (f).
    Subsec. (e). Pub. L. 94-385, Sec. 432(d)(2), added subsec. (e).
    Subsec. (f). Pub. L. 94-385, Sec. 432(d)(1), (3), redesignated 
former subsec. (d) as (f) and inserted ``(other than section 6327 of 
this title)'' after ``part''.

                  Section Referred to in Other Sections

    This section is referred to in sections 6323a, 6326, 6371, 6865, 
6881, 7267 of this title; title 12 section 1701z-8.
