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NATIONAL ENERGY CONSERVATION POLICY ACT

Public Law 95-619

AN ACT For the relief of Jack R. Misner.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-GENERAL PROVISIONS

SEC. 101. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "National Energy Conservation Policy Act".

[42 U.S.C. 8201 note]

(b) TABLE OF CONTENTS.

TITLE I-GENERAL PROVISIONS

Sec. 101. Short title and table of contents.

Sec. 102. Findings and statement of purposes.

TITLE II-RESIDENTIAL ENERGY CONSERVATION

PART 1-UTILITY PROGRAM

Sec. 210. Definitions.

Sec. 211. Coverage.

Sec. 212. Rules of Secretary for submission and approval of plans.

Sec. 213. Requirements for State residential energy conservation plans for regulated utilities.

Sec. 214. Plan requirements for nonregulated utilities and home heating suppliers. Sec. 215. Utility programs.

Sec. 216. Supply and installation by public utilities.

Sec. 217. Home heating supplier programs.

Sec. 218. Temporary programs.

Sec. 219. Federal standby authority.

Sec. 220. Relationship to other laws.

Sec. 221. Rules.

Sec. 222. Product standards.

Sec. 223. Authorization of appropriations.

Sec. 224. Report on energy conservation in apartment buildings.

Sec. 225. Reports and dissemination of informaion.

Sec. 226. Alternative State plans.

Sec. 227. Waiver for regulated and nonregulated utilities.

Sec. 228. Termination.

PART 2-WEATHERIZATION GRANTS FOR THE BENEFIT OF LOW-INCOME FAMILIES

Sec. 231. Department of Energy weatherization grant program.

Sec. 232. Farmers Home Administration weatherization grant program.

Sec. 233. Availability of labor.

PART 3 SECONDARY FINANCING AND LOAN INSURANCE FOR ENERGY CONSERVING

IMPROVEMENTS AND SOLAR ENERGY SYSTEMS

Sec. 241. Loan insurance for energy conserving improvements and solar energy systems under title I of the National Housing Act.

Sec. 242. Purchase by Government National Mortgage Association of loans to lowand moderate-income families for energy conserving improvements. Sec. 243. Standby authority of Government National Mortgage Association to purchase loans for energy conserving improvements.

Sec. 244. Purchase by Government National Mortgage Association of loans for solar energy systems.

Sec. 245. Secondary financing by Federal Home Loan Mortgage Corporation of solar energy and energy conserving improvement loans.

Sec. 246.

Sec. 247.

Secondary financing by Federal National Mortgage Association of solar energy and energy conserving improvement loans.

Loan insurance for energy conserving improvements and solar energy systems in multifamily projects under section 241 of the National Housing Act. Sec. 248. Increase in mortgage limits to cover costs of solar energy systems. PART 4-MISCELLANEOUS

Sec. 251. Energy-conserving improvements for assisted housing.

Sec. 252. Energy conserving standards for newly constructed residential housing insured by Federal Housing Administration or assisted by Farmers Home Administration.

Sec. 253. Residential energy efficiency standards study.

Sec. 254. Weatherization study.

Sec. 255. Authorization for appropriations for new building performance standards grants.

PART 5-RESIDENTIAL ENERGY EFFICIENCY PROGRAMS

Sec. 261. Definition.

Sec. 262. Approval of plans for prototype residential energy efficiency programs and provision of financial assistance for such programs.

Sec. 263. Applications for approval of plans for prototype residential energy efficiency programs.

Sec. 264. Approval of applications for plans for prototype residential energy efficiency programs.

Sec. 265. Rules and regulations.

Sec. 266. Authority of the Federal Energy Regulatory Commission to exempt application of certain laws.

Sec. 267. Application of other laws.

Sec. 268. Records and reports.

Sec. 269. Revoking approval of plans and terminating financial assistance.

Sec. 270. Authorization of Appropriations.

PART 6-RESIDENTIAL ENERGY EFFICIENCY RATING GUIDELINES

Sec. 271. Voluntary rating guidelines.

Sec. 272. Technical assistance.

Sec. 273. Report.

TITLE III-ENERGY CONSERVATION PROGRAMS FOR SCHOOLS AND HOSPITALS AND BUILDINGS OWNED BY UNITS OF LOCAL GOVERNMENTS AND PUBLIC CARE INSTITUTIONS

PART 1-SCHOOLS AND HOSPITALS

Sec. 301. Statement of findings and purposes.

Sec. 302. Amendment to the Energy Policy and Conservation Act.

Sec. 303. Technical amendments.

PART 2-UNITS OF LOCAL GOVERNMENT AND PUBLIC CARE INSTITUTIONS

Sec. 310. Statement of findings and purposes.

Sec. 311. Amendment to the Energy Policy and Conservation Act.

Sec. 312. Application of Davis-Bacon Act.

TITLE IV-ENERGY EFFICIENCY OF CERTAIN PRODUCTS AND PROCESSES

PART 1-ENERGY EFFICIENCY STANDARDS FOR AUTOMOBILES

Sec. 401. Fuel economy information.

Sec. 402. Civil penalties relating to automobile fuel efficiency.

Sec. 403. Disclosure in labeling.

Sec. 404. Study.

PART 2-ENERGY EFFICIENCY STANDARDS FOR CONSUMER PRODUCTS OTHER THAN

Sec. 421. Test procedures.

AUTOMOBILES

Sec. 422. Energy efficiency standards.

Sec. 423. Assessment of civil penalties.

Sec. 424. Effect of standards on other laws.

Sec. 425. Technical and conforming amendments.

Sec. 426. Appropriations authorization.

Sec. 427. Effects of other laws on procedures.

PART 3-ENERGY EFFICIENCY OF INDUSTRIAL EQUIPMENT

Sec. 441. Energy efficiency of industrial equipment.

PART 4-ENERGY EFFICIENCY BY USE OF RECOVERED MATERIALS

Sec. 461. Use of recovered materials.

TITLE V-FEDERAL ENERGY INITIATIVES

PART 1-EXECUTIVE AGENCY CONSERVATION PLAN

Sec. 501. Conservation plan authorization.

PART 2-DEMONSTRATION OF SOLAR HEATING AND COOLING IN FEDERAL BUILDINGS Sec. 521. Definitions.

Sec. 522. Federal solar program.

Sec. 523. Duties of Secretary.

Sec. 524. Authorization of appropriations.

Sec. 541. Findings.

Sec. 542. Purpose.

PART 3-FEDERAL ENERGY MANAGEMENT 1

Sec. 543. Energy management requirements.

Sec. 544. Establishment and use of life cycle cost methods and procedures.

Sec. 545. Budget treatment of energy conservation measures.

Sec. 546. Incentives for agencies.

Sec. 547. Interagency Energy Management Task Force.

Sec. 548. Reports.

Sec. 549. Demonstration of new technology.

Sec. 550. Survey of energy saving potential.

Sec. 551. Definitions.

PART 4-FEDERAL PHOTOVOLTAIC UTILIZATION

Sec. 561. Short title of part.

Sec. 562. Definitions.

Sec. 563. Photovoltaic energy program.

Sec. 564. Purpose of program.

Sec. 565. Acquisition of systems.

Sec. 566. Administration.

Sec. 567. System evaluation and purchase program.

Sec. 568. Advisory committee.

Sec. 569. Authorization of appropriations.

TITLE VI-ADDITIONAL ENERGY-RELATED MEASURES

PART 1-INDUSTRIAL ENERGY EFFICIENCY REPORTING

Sec. 601. Industrial energy efficiency reporting.

PART 2-STATE ENERGY CONSERVATION PLANS

Sec. 621. State energy conservation plans.

Sec. 622. Supplemental State energy conservation plans.

Sec. 623. Report on coordination of energy conservation programs.

PART 3-MINORITY ECONOMIC IMPACT

Sec. 641. Minority economic impact.

1 So in law. See amendment made by section 2(c) of P.L. 100-615 (102 Stat. 3189).

PART 4-CONSERVATION OF NATIONAL COAL RESOURCES

Sec. 661. Major fuel burning stationary source.

PART 5 STUDIES

Sec. 681. Off-highway motor vehicles.
Sec. 682. Bicycle study.

Sec. 683. Second law efficiency study.

PART 6-TECHNICAL AMENDMENTS

Sec. 691. Definition of Administrator.

[Title VII-Repealed by P.L. 99-412]

TITLE VIII-ENERGY SAVINGS PERFORMANCE CONTRACTS

Sec. 801. Authority to enter into contracts.

Sec. 802. Payment of costs.

Sec. 803. Reports.

Sec. 804. Definitions.

SEC. 102. FINDINGS AND STATEMENT OF PURPOSES.

(a) FINDINGS.-The Congress finds that—

(1) the United States has survived a period of energy shortage and has made significant progress toward improving energy efficiency in all sectors of the economy;

(2) effective measures must continue to be taken by the Federal Government and other users and suppliers of energy to control the rate of growth of demand for energy and the efficiency of its use;

(3) the continuation of this effort will permit the United States to become increasingly independent of the world oil market, less vulnerable to interruption of foreign oil supplies, and more able to provide energy to meet future needs; and

(4) all sectors of the economy of the United States should continue to reduce significantly the demand for nonrenewable energy resources such as oil and natural gas by implementing and maintaining effective conservation measures for the efficient use of these and other energy sources.

(b) STATEMENT OF PURPOSES.-The purposes of this Act are to provide for the regulation of interstate commerce, to reduce the growth in demand for energy in the United States, and to conserve nonrenewable energy resources produced in this Nation and elsewhere, without inhibiting beneficial economic growth. [42 U.S.C. 8201]

TITLE II-RESIDENTIAL ENERGY
CONSERVATION

PART 1-UTILITY PROGRAM

SEC. 210. DEFINITIONS.

As used in this title

(1) The term "Secretary" means the Secretary of Energy. (2) The term "load management technique" means any technique to reduce the maximum kilowatt demand on an electric utility, including ripple or radio control mechanisms, or other types of interruptible electric service, energy storage devices, and load limiting devices.

(3) The term "natural gas” means natural gas as defined in the Natural Gas Act.

(4) The term "public utility" means any person, State agency, or Federal agency which is engaged in the business of selling natural gas or electric energy, or both, to residential customers for use in a residential building.

(5) The term "regulated utility" means a public utility with respect to whose rates a State regulatory authority has ratemaking authority.

(6) The term "nonregulated utility” means a public utility which is not a regulated utility.

(7) The term "rate" means any price, rate, charge, or classification made, demanded, observed, or received with respect to sales of electric energy or natural gas, any rule, regulation, or practice respecting any such rate, charge, or classification, and any contract pertaining to the sale of electric energy or natural gas.

(8) The term "ratemaking authority" means authority to fix, modify, approve, or disapprove rates.

(9) The term "residential building" means any building used for residential occupancy which is not a new building to which final standards under section 304(a) of the Energy Conservation and Production Act apply and which has a system for heating or cooling, or both.

(10) The term "residential customer" means any person to whom

or

(A) a public utility sells natural gas or electric energy,

(B) a home heating supplier supplies or sells home heating fuel (including No. 2 heating oil, kerosene, butane, and propane),

for consumption by such customer in a residential building. (11) The term "residential energy conservation measure"

means

(A) caulking and weatherstripping of doors and windows; (B) furnace efficiency modifications including—

(i) replacement burners, furnaces or boilers or any combination thereof which, as determined by the Secretary, substantially increases the energy efficiency of the heating system,

(ii) devices for modifying flue openings which will increase the energy efficiency of the heating system, and

(iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights;

(C) clock thermostats;

(D) ceiling, attic, wall, and floor insulation;

(E) water heater insulation;

(F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed window and door materials;

(G) devices associated with load management techniques;

70-833 2001 - 10

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