supplemental state energy conservation plans

supplemental state energy conservation plans Sec. 432. (a) Part C of the title 3 of the Energy Policy and Conservation Act is amended by adding at the end thereof the following new section: “supplemental state energy conservation plans “Sec. 367. (a) (1) The Administrator shall, within 6 months after the date of enactment of the Energy Conservation and Production Act, prescribe guidelines with respect to measures required to be included m, and guidelines for the development, modification, and funding of, supplemental State energy conservation plans. Such guidelines shall include the provisions of one or more model supplemental State energy conservation plans with respect to the requirements of this section. “(2) In prescribing such guidelines, the Administrator shall solicit and consider the recommendations of, and be available to consult with, the Governors of the States as to such guidelines. At least 60 days prior to the date of final publication of such guidelines, the Administrator shall publish proposed guidelines in the Federal Register and invite public comments thereon. “(3) The Administrator shall invite the Governor of each State to submit to the Administrator a proposed supplemental State energy conservation plan which meets the requirements of subsection (b) and any guidelines applicable thereto. “(4) The Administrator may prescribe rules applicable to supplemental State energy conservation plans under this section pursuant to which— “(A) a State may apply for and receive assistance for a supplemental State energy conservation plan under this section; and “(B) such plan under this section may be administered; as if such plan was a part of the State energy conservation plan program under section 362. Such rules shall not have the effect of delaying funding of the program under section 362. “(5) Section 363(b) (2) (A), the last sentence of section 363(b) (2), section 363(b) (3), and section 363(c) shall apply to the supplemental State energy conservation plans to the same extent as such provisions apply to State energy conservation plans. “(6) The Administrator may grant Federal financial assistance pursuant to this section for the purpose of assisting any State in the development of any supplemental State energy conservation plan or in the implementation or modification of such a plan or part thereof which has been submitted to and approved by the Administrator pursuant to this section. “(b) (1) Each proposed supplemental State energy conservation plan to be eligible for Federal financial assistance under this section shall include— 90 STAT. 1161 “(A) procedures for carrying out a continuing public education effort to increase significantly public awareness of— “(i) the energy and cost savings which are likely to result from the implementation (including implementation through group efforts) of energy conservation measures and renewable-resource energy measures; and “(ii) information and other assistance (including information as to available technical assistance) which is or may be available with respect to the planning, financing, installing, and with respect to monitoring the effectiveness of measures likely to conserve, or improve efficiency in the use of, energy, including energy conservation measures and renewable-resource energy measures; “(B) procedures for insuring that effective coordination exists among various local, State, and Federal energy conservation programs within and affecting such State, including any energy extension service program administered by the Energy Research and Development Administration; “(C) procedures for encouraging and for carrying out energy audits with respect to buildings and industrial plants within such State; and “(D) any procedures, programs, or other actions required by the Administrator pursuant to paragraph (2). “(2) The Administrator may promulgate guidelines under this section to provide that, in order to be eligible for Federal assistance under this section, a supplemental State energy conservation plan shall include, in addition to the requirements of paragraph (1) of this subsection, one or more of the following: “(A) the formation of, and appointment of qualified individuals to be members of, a State energy conservation advisory committee. Such a committee shall have continuing authority to advise and assist such State and its political subdivisions, with respect to matters relating to energy conservation in such State, including the carrying out of such State’s energy conservation plan, the development and formulation of any improvements or amendments to such plan, and the development and formulation of procedures which meet the requirements of subparagraphs (A), (B), and (C) of subsection (b)(1). The applicable guidelines shall be designed to assure that each such committee carefully considers the views of the various energy-consuming sectors within the State and of public and private groups concerned with energy conservation; “(B) an adequate program within such State for the purpose of preventing any unfair or deceptive acts or practices affecting commerce which relate to the implementation of energy’ conservation measures and renewable-resource energy measures; “(C) procedures for the periodic verification (by use of sampling or other techniques), at reasonable times, and under reasonable conditions, by qualified officials designated by such State of the purchase and installation and actual cost of energy conservation measures and renewable-resource energy measures for which financial assistance was obtained under section 509 of the Housing and Urban Development Act of 1970, or section 451 of the Energy Conservation and Production Act; and “(D) assistance for individuals and other persons to undertake cooperative action to implement energy conservation measures and renewable-resource energy measures. 90 STAT. 1162 “(c) There are authorized to be appropriated for supplemental State energy conservation plans which are approved under this section $25,000,000 for fiscal year 1977, $40,000,000 for fiscal year 1978, and $40,000,000 for fiscal year 1979.”. (b) Section 363(b) (2) of the Energy Policy and Conservation Act is amended by adding at the end thereof the following: “No such plan shall be disapproved without notice and an opportunity to present views.”. (c) Section 363(c) of the Energy Policy and Conservation Act is amended by (1) striking out “project or program” and “projects or programs” in the first sentence and inserting in lieu thereof “plan, program, projects, measures, or systems” in each case; and (2) striking out “examination” in the second sentence and inserting in lieu thereof “examination, at reasonable times and under reasonable conditions.”. (d) Section 365 of the Energy’ Policy and Conservation Act is amended— (1) by redesignating subsection (d) as subsection (f); (2) by adding immediately after subsection (c) the following two new subsections: “(d) The Federal Trade Commission shall (1) cooperate with and assist State agencies which have primary responsibilities for the protection of consumer 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, to prevent unfair or deceptive acts or practices affecting commerce which relate to the implementation of any such measures. “(e) Within 90 days after the date of enactment of this subsection, the Administrator 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 509 of the Housing and Urban Development Act of 1970 or section 451 of the Energy Conservation and Production Act: “(2) designate, by rule, the types of, and requirements for, energy audits.”; and (3) in subsection (f), as redesignated by paragraph (1), by inserting “(other than section 367)” after “part”.