
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8235a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 91--NATIONAL ENERGY CONSERVATION POLICY
 
             SUBCHAPTER II--RESIDENTIAL ENERGY CONSERVATION
 
             Part C--Residential Energy Efficiency Programs
 
Sec. 8235a. Approval of plans for prototype residential energy 
        efficiency programs and provision of financial assistance for 
        such programs
        

(a) Plan approval

    The Secretary may approve any plan developed by a State or local 
government, for the establishment of a prototype residential energy 
efficiency program, which is designed to demonstrate the feasibility, 
economics, and energy conserving potential of such program, if an 
application for such plan is submitted pursuant to section 8235b of this 
title, the application is approved pursuant to section 8235c of this 
title, and the plan provides for--
        (1) the entering into a contract by a public utility with one or 
    more persons not under the control of, and not affiliates or 
    subsidiaries of, such utility for the implementation of a program to 
    encourage energy conservation, including the supply and installation 
    of the energy conservation measures as specified in such contract in 
    residential buildings located in the portion of the utility's 
    service area designated by the contract, which contract includes the 
    provisions described in subsection (b) of this section;
        (2) the selection by the public utility in a fair, open, and 
    nondiscriminatory manner of the person or persons to contract with 
    pursuant to paragraph (1);
        (3) the payment by the public utility to the person or persons 
    contracted with under paragraph (1) of a specified price for each 
    unit of energy saved by such utility as a result of the program 
    during the period the contract is in effect, which price is based on 
    the value to the utility of the energy saved;
        (4) the determination, by a procedure established by the State 
    or local government developing the plan, of the amount of energy 
    saved by a public utility as a result of the program carried out 
    under the plan, which procedure is described in the contract;
        (5) in the case of a regulated public utility, the approval in 
    writing by the State regulatory authority exercising ratemaking 
    authority over such utility of the contract described in paragraph 
    (1), the manner of selection described in paragraph (2), the payment 
    described in paragraph (3), and the procedure described in paragraph 
    (4); and
        (6) the enforcement of the provisions of the contract, entered 
    into pursuant to paragraph (1), which are required to be included 
    pursuant to subsection (b) of this section.

(b) Contract requirements

    Any contract entered into by a public utility under subsection 
(a)(1) of this section shall require any person or persons entering into 
such contract with a public utility to offer to the owner or occupant of 
each residential building in the portion of the utility's service area 
designated in the contract, without charge--
        (1) an inspection of such building to determine and inform such 
    owner or occupant of--
            (A) the energy conservation measures which will be supplied 
        and installed in such residential building pursuant to paragraph 
        (2);
            (B) the savings in energy costs that are likely to result 
        from the installation of such energy conservation measures;
            (C) suggestions (including suggestions developed by the 
        Secretary) of energy conservation techniques, including 
        adjustments in energy use patterns and modifications in 
        household activities, which can be used by the owner or occupant 
        of the building to save energy and which do not require the 
        installation of energy conservation measures; and
            (D) the savings in energy costs that are likely to result 
        from the adoption of such suggested energy conservation 
        techniques;

        (2) the supply and installation, with the approval of the owner 
    of the residential building, in such building in a timely manner of 
    the energy conservation measures which are as specified in the 
    contract and which the owner or occupant was informed (pursuant to 
    the inspection under paragraph (1)) would be supplied and installed 
    in such building; and
        (3) a written warranty that at a minimum any defect in 
    materials, manufacture, design, or installation of any energy 
    conservation measures supplied and installed pursuant to paragraph 
    (2), found not later than one year after the date of installation, 
    will be remedied without charge and within a reasonable period of 
    time.

(c) Provision of financial assistance

    The Secretary may provide financial assistance to any State or local 
government to carry out any plan for the establishment of a prototype 
residential energy efficiency program if the plan is approved under 
subsection (a) of this section.

(d) Limitation

    The Secretary may approve under subsection (a) of this section not 
more than 4 plans for the establishment of prototype residential energy 
efficiency programs.

(Pub. L. 95-619, title II, Sec. 262, as added Pub. L. 96-294, title V, 
Sec. 562, June 30, 1980, 94 Stat. 746.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8235b, 8235e, 8235f, 8235g, 
8235h of this title.
