
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: 42USC8513]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 93--EMERGENCY ENERGY CONSERVATION
 
           SUBCHAPTER I--EMERGENCY ENERGY CONSERVATION PROGRAM
 
Sec. 8513. Standby Federal conservation plan


(a) Establishment of standby conservation plan

    (1) Within 90 days after November 5, 1979, the Secretary, in 
accordance with section 7191 of this title, shall establish a standby 
Federal emergency conservation plan. The Secretary may amend such plan 
at any time, and shall make such amendments public upon their adoption.
    (2) The plan under this section shall be consistent with the 
attainment of the objectives of section 753(b)(1) \1\ of title 15, and 
shall provide for the emergency reduction in the public and private use 
of each energy source for which an emergency conservation target is in 
effect or may be in effect under section 8511 of this title.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(b) Implementation of standby conservation plan

    (1) If the President finds--
        (A) after a reasonable period of operation, but not less than 90 
    days, that a State emergency conservation plan approved and 
    implemented under section 8512 of this title is not substantially 
    meeting a conservation target established under section 8511(a) of 
    this title for such State and it is likely that such target will 
    continue to be unmet; and
        (B) a shortage exists or is likely to exist in such State for 
    the 60-day period beginning after such finding that is equal to or 
    greater than 8 percent of the projected normal demand, as determined 
    by the President, for an energy source for which such conservation 
    target has been established under section 8511(a) of this title;

then the President shall, after consultation with the Governor of such 
State, make effective in such State all or any part of the standby 
Federal conservation plan established under subsection (a) of this 
section for such period or periods as the President determines 
appropriate to achieve the target in that State.
    (2) If the President finds after a reasonable period of time, that 
the conservation target established under section 8511(a) of this title 
is not being substantially met and it is likely that such target will 
continue to be unmet in a State which--
        (A) has no emergency conservation plan approved under section 
    8512 of this title; or
        (B) the President finds has substantially failed to carry out 
    the assurances regarding implementation set forth in the plan 
    approved under section 8512 of this title,

then the President shall, after consultation with the Governor of such 
State, make effective in such State all or any part of the standby 
Federal conservation plan established under subsection (a) of this 
section for such period or periods as the President determines 
appropriate to achieve the target in that State.

(c) Basis for findings

    Any finding under subsection (b) of this section shall be 
accompanied by such information and analysis as is necessary to provide 
a basis therefor and shall be available to the Congress and the public.

(d) Submission of State emergency conservation plan

    (1) \2\ The Governor of a State in which all or any portion of the 
standby Federal conservation plan is or will be in effect may submit at 
any time a State emergency conservation plan, and if it is approved 
under section 8512(c) of this title, all or such portion of the standby 
Federal conservation plan shall cease to be effective in that State. 
Nothing in this paragraph shall affect any action or pending 
proceedings, administrative or civil, not finally determined on such 
date, nor any administrative or civil action or proceeding, whether or 
not pending, based upon any act committed or liability incurred prior to 
such cessation of effectiveness.
---------------------------------------------------------------------------
    \2\ So in original. No par. (2) has been enacted.
---------------------------------------------------------------------------

(e) State substitute emergency conservation measures

    (1) After the President makes all or any part of the standby Federal 
conservation plan effective in any State or political subdivision under 
subsection (b) of this section, the Secretary shall provide procedures 
whereby such State or any political subdivision thereof may submit to 
the Secretary for approval one or more measures under authority of State 
or local law to be implemented by such State or political subdivision 
and to be substituted for any Federal measure in the Federal plan. The 
measures may include provisions whereby persons affected by such Federal 
measure are permitted to use alternative means of conserving at least as 
much energy as would be conserved by such Federal measure. Such measures 
shall provide effective procedures, as determined by the Secretary, for 
the approval and enforcement of such alternative means by such State or 
by any political subdivision thereof.
    (2) The Secretary may approve the measures under paragraph (1) if he 
finds--
        (A) that such measures when in effect will conserve at least as 
    much energy as would be conserved by such Federal measure which 
    would have otherwise been in effect in such State or political 
    subdivision;
        (B) such measures otherwise meet the requirements of this 
    paragraph; and
        (C) such measures would be approved under section 8512(c)(1)(B), 
    (C), and (D) of this title.

    (3) If the Secretary approves measures under this subsection such 
Federal measure shall cease to be effective in that State or political 
subdivision. Nothing in this paragraph shall affect any action or 
pending proceedings, administrative or civil, not finally determined on 
the date the Federal measure ceases to be effective in that State or 
political subdivision, nor any administrative or civil action or 
proceeding, whether or not pending, based upon any act committed or 
liability incurred prior to such cessation of effectiveness.
    (4) If the Secretary finds after a reasonable period of time that 
the requirements of this subsection are not being met under the measures 
in effect under this subsection he may reimpose the Federal measure 
referred to in paragraph (1).

(f) State authority to administer plan

    At the request of the Governor of any State, the President may 
provide that the administration and enforcement of all or a portion of 
the standby Federal conservation plan made effective in that State under 
subsection (b) of this section be in accordance with section 8512(d)(1), 
(2), and (4) of this title.

(g) Presidential authority not to be delegated

    Notwithstanding any other provision of law (other than subsection 
(f) of this section), the authority vested in the President under this 
section may not be delegated.

(h) Requirements of plan

    The plan established under subsection (a) of this section shall--
        (1) taken as a whole, be designed so that the plan, if 
    implemented, would be likely to achieve the emergency conservation 
    target under section 8511 of this title for which it would be 
    implemented,
        (2) taken as a whole, be designed so as not to impose an 
    unreasonably disproportionate share of the burden of restrictions on 
    energy use on any specific class of industry, business, or 
    commercial enterprise, or any individual segment thereof, and
        (3) not contain any measure which the Secretary finds--
            (A) is inconsistent with any otherwise applicable Federal 
        law (including any rule or regulation under such law),
            (B) is an undue burden on interstate commerce,
            (C) is a tax, tariff, or user fee, or
            (D) is a program for the assignment of rights for end-user 
        purchases of gasoline or diesel fuel, as described in section 
        6263(a)(1)(A) and (B) \3\ of this title.
---------------------------------------------------------------------------
    \3\ See References in Text note below.
---------------------------------------------------------------------------

(i) Plan may not authorize weekend closings of retail gasoline stations

    (1) Except as provided in paragraph (2), the plan established under 
subsection (a) of this section may not provide for the restriction of 
hours of sale of motor fuel at retail at any time between Friday noon 
and Sunday midnight.
    (2) Paragraph (1) shall not preclude the restriction on such hours 
of sale if that restriction occurs in connection with a program for 
restricting hours of sale of motor fuel each day of the week on a 
rotating basis.

(j) Civil penalties

    (1) Whoever violates the requirements of such a plan implemented 
under subsection (b) of this section shall be subject to a civil penalty 
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 
under 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 that portion of the standby Federal conservation plan for 
which authority is delegated to that State under subsection (f) of this 
section.

(Pub. L. 96-102, title II, Sec. 213, Nov. 5, 1979, 93 Stat. 762.)

                       References in Text

    Section 753 of title 15, referred to in subsec. (a)(2), was omitted 
from the Code pursuant to section 760g of Title 15, Commerce and Trade, 
which provided for the expiration of the President's authority under 
that section on Sept. 30, 1981.
    Section 6263 of this title, referred to in subsec. (h)(3)(D), was 
omitted from the Code pursuant to section 6264 of this title, which 
provided for expiration of authority under that section on June 30, 
1985.

                  Section Referred to in Other Sections

    This section is referred to in sections 8512, 8514, 8541 of this 
title.
