
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: 42USC8512]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 93--EMERGENCY ENERGY CONSERVATION
 
           SUBCHAPTER I--EMERGENCY ENERGY CONSERVATION PROGRAM
 
Sec. 8512. State emergency conservation plan


(a) State emergency conservation plans

    (1)(A) Not later than 45 days after the date of the publication of 
an energy conservation target for a State under section 8511(b) of this 
title, the Governor of that State shall submit to the Secretary a State 
emergency conservation plan designed to meet or exceed the emergency 
conservation target in effect for that State under section 8511(a) of 
this title. Such plan shall contain such information as the Secretary 
may reasonably require. At any time, the Governor may, with the approval 
of the Secretary, amend a plan established under this section.
    (B) The Secretary may, for good cause shown, extend to a specific 
date the period for the submission of any State's plan under 
subparagraph (A) if the Secretary publishes in the Federal Register 
notice of that extension together with the reasons therefor.
    (2) Each State is encouraged to submit to the Secretary a State 
emergency conservation plan as soon as possible after November 5, 1979, 
and in advance of such publication of any such target. The Secretary may 
tentatively approve such a plan in accordance with the provisions of 
this section. For the purposes of this subchapter such tentative 
approval shall not be construed to result in a delegation of Federal 
authority to administer or enforce any measure contained in a State 
plan.

(b) Conservation measures under State plans

    (1) Each State emergency conservation plan under this section shall 
provide for emergency reduction in the public and private use of each 
energy source for which an emergency conservation target is in effect 
under section 8511 of this title. Such State plan shall contain adequate 
assurances that measures contained therein will be effectively 
implemented in that State. Such plan may provide for reduced use of that 
energy source through voluntary programs or through the application of 
one or more of the following measures described in such plan:
        (A) measures which are authorized under the laws of that State 
    and which will be administered and enforced by officers and 
    employees of the State (or political subdivisions of the State) 
    pursuant to the laws of such State (or political subdivisions); and
        (B) measures--
            (i) which the Governor requests, and agrees to assume, the 
        responsibility for administration and enforcement in accordance 
        with subsection (d) of this section;
            (ii) which the attorney general of that State has found that 
        (I) absent a delegation of authority under Federal law, the 
        Governor lacks the authority under the laws of the State to 
        invoke, (II) under applicable State law, the Governor and other 
        appropriate State officers and employees are not prevented from 
        administering and enforcing under a delegation of authority 
        pursuant to Federal law; and (III) if implemented, would not be 
        contrary to State law; and
            (iii) which either the Secretary determines are contained in 
        the standby Federal conservation plan established under section 
        8513 of this title or are approved by the Secretary, in his 
        discretion.

    (2) In the preparation of such plan (and any amendment to the plan) 
the Governor shall, to the maximum extent practicable, provide for 
consultation with representatives of affected businesses and local 
governments and provide an opportunity for public comment.
    (3) Any State plan submitted to the Secretary under this section may 
permit persons affected by any measure in such plan to use alternative 
means of conserving at least as much energy as would be conserved by 
such measure. Such plan shall provide an effective procedure, as 
determined by the Secretary, for the approval and enforcement of such 
alternative means by such State or by any political subdivision of such 
State.

(c) Approval of State plans

    (1) As soon as practicable after the date of the receipt of any 
State plan, but in no event later than 30 days after such date, the 
Secretary shall review such plan and shall approve it unless the 
Secretary finds--
        (A) that, taken as a whole, the plan is not likely to achieve 
    the emergency conservation target established for that State under 
    section 8511(a) of this title for each energy source involved,
        (B) that, taken as a whole, the plan is likely to impose an 
    unreasonably disproportionate share of the burden of restrictions of 
    energy use on any specific class of industry, business, or 
    commercial enterprise, or any individual segment thereof,
        (C) that the requirements of this subchapter regarding the plan 
    have not been met, or
        (D) that a measure described in subsection (b)(1) of this 
    section is--
            (i) inconsistent with any otherwise applicable Federal law 
        (including any rule or regulation under such law),
            (ii) an undue burden on interstate commerce, or
            (iii) a tax, tariff, or user fee not authorized by State 
        law.

    (2) Any measure contained in a State plan shall become effective in 
that State on the date the Secretary approves the plan under this 
subsection or such later date as may be prescribed in, or pursuant to, 
the plan.

(d) State administration and enforcement

    (1) The authority to administer and enforce any measure described in 
subsection (b)(1)(B) of this section which is in a State plan approved 
under this section is hereby delegated to the Governor of the State and 
the other State and local officers and employees designated by the 
Governor. Such authority includes the authority to institute actions on 
behalf of the United States for the imposition and collection of civil 
penalties under subsection (e) of this section.
    (2) All delegation of authority under paragraph (1) with respect to 
any State shall be considered revoked effective upon a determination by 
the President that such delegation should be revoked, but only to the 
extent of that determination.
    (3) If at any time the conditions of subsection (b)(1)(B)(ii) of 
this section are no longer satisfied in any State with respect to any 
measure for which a delegation has been made under paragraph (1), the 
attorney general of that State shall transmit a written statement to 
that effect to the Governor of that State and to the President. Such 
delegation shall be considered revoked effective upon receipt by the 
President of such written statement and a determination by the President 
that such conditions are no longer satisfied, but only to the extent of 
that determination and consistent with such attorney general's 
statement.
    (4) Any revocation under paragraph (2) or (3) shall not affect any 
action or pending proceedings, administrative or civil, not finally 
determined on the date of such revocation, nor any administrative or 
civil action or proceeding, whether or not pending, based upon any act 
committed or liability incurred prior to such revocation.

(e) Civil penalty

    (1) Whoever violates the requirements of any measure described in 
subsection (b)(1)(B) of this section which is in a State plan in effect 
under this section shall be subject to a civil penalty of not to exceed 
$1,000 for each violation.
    (2) Any penalty under paragraph (1) may be assessed by the court in 
any action brought in any appropriate United States district court or 
any other court of competent jurisdiction. Except to the extent provided 
in paragraph (3), any such penalty collected shall be deposited into the 
general fund of the United States Treasury as miscellaneous receipts.
    (3) The Secretary may enter into an agreement with the Governor of 
any State under which amounts collected pursuant to this subsection may 
be collected and retained by the State to the extent necessary to cover 
costs incurred by that State in connection with the administration and 
enforcement of measures the authority for which is delegated under 
subsection (d) of this section.

(Pub. L. 96-102, title II, Sec. 212, Nov. 5, 1979, 93 Stat. 759.)


                            Cross References

    State energy conservation plans, see section 6322 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8513, 8514 of this title.
