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42 U.S.C. § 8511National and State emergency conservation targets

submitted 47 years ago by Pub. L. 96-102 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 937 words · no verdicts yet

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The President can set monthly energy-saving targets for the nation and each state during an energy shortage. Each state's target is based on its past energy use. The President must also make an emergency energy-saving plan for the federal government.

(a) Determination and publication of targets: If the President decides that a severe shortage of some energy source exists or is about to happen — or that the U.S. needs to cut its energy use to meet its obligations under the international energy program — the President may set monthly energy-saving targets for that energy source, both for the whole country and for each state. The President must promptly send Congress the reasoning behind that finding and make it public. Each state's target equals the state's typical past energy use for that source, minus a percentage that applies equally to every state. "Typical past energy use" means: take how much of the energy source the state used in the same month one year earlier, then adjust that number up or down based on the state's usage trend over the past three years. The President may adjust a state's typical-past-use number to make sure the target doesn't interfere with the goals of a related energy law, and may adjust it further to account for energy already saved through existing conservation programs, energy shortages, or unusual weather. The nationwide percentage cut is set by the President to save enough of that energy source to match the projected shortage, while trying to minimize harm to the economy, taking into account other relevant factors. (b) Notification and publication of targets: The President must tell each state's Governor about that state's target, and must publish the targets, the underlying usage data, and the factors considered, in the Federal Register. (c) Establishment of targets for Federal agencies: Alongside any national target, the President must put in place an emergency energy plan for the federal government itself. That plan must cut federal energy use by at least as much, percentage-wise, as the national target requires. It must include real measures, consistent with other laws, and it must look at ways to cut energy use in (1) federal buildings, facilities, and equipment (whether owned, leased, or under contract) and (2) federal employees' travel, through steps like carpooling, vanpooling, priority parking for multi-passenger vehicles, and more mass-transit use. (d) Review of targets: The President may review and change the national and state targets at any time, and must share the reasoning for any change with Congress and the public. Starting no later than 12 months after a target is set, and every year after that while it's still active, the President must decide whether the energy shortage still exists, is still coming, or whether energy-demand cuts are still needed to meet international obligations — and must make that decision, and its basis, public and available to Congress. If the President decides the shortage no longer exists or isn't required anymore, the target for that energy source stops applying. (e) Determination and publication of actual consumption: Each month, the Secretary must publish in the Federal Register (1) the most recent reliable data on how much of the energy source was actually used, nationally and in each state, and (2) whether the targets have been, or are likely to be, substantially met. (f) Presidential authority not to be delegated: No matter what any other law says, the President cannot hand off the powers given by this section to anyone else.
the actual law source: uscode.house.gov ↗public domain
(a) Determination and publication of targets
(1)

Whenever the President finds, with respect to any energy source for which the President determines a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program, the President, in furtherance of the purposes of this chapter, may establish monthly emergency conservation targets for any such energy source for the Nation generally and for each State.

(2)

Any finding of the President under paragraph (1) shall be promptly transmitted to the Congress, accompanied by such information and analysis as is necessary to provide the basis for such finding, and shall be disseminated to the public.

(3)
(A)

The State conservation target for any energy source shall be equal to (i) the State base period consumption reduced by (ii) a uniform national percentage.

(B)

For the purposes of this subsection, the term “State base period consumption” means, for any month, the product of the following factors, as determined by the President:

(i)

the consumption of the energy source for which a target is established during the corresponding month in the 12-month period prior to the first month for which the target is established; and

(ii)

a growth adjustment factor, which shall be determined on the basis of the trends in the use in that State of such energy source during the 36-month period prior to the first month for which the target is established.

(C)
(i)

The President shall adjust, to the extent he determines necessary, any State base period consumption to insure that achievement of a target established for that State under this subsection will not impair the attainment of the objectives of section 753(b)(1) 1 of title 15.

(ii)

The President may, to the extent he determines appropriate, further adjust any State base period consumption to reflect—

(I)

reduction in energy consumption already achieved by energy conservation programs;

(II)

energy shortages which may affect energy consumption; and

(III)

variations in weather from seasonal norms.

(D)

For purposes of this subsection, the uniform national percentage shall be designed by the President to minimize the impact on the domestic economy of the projected shortage in the energy source for which a target is established by saving an amount of such energy source equivalent to the projected shortage, taking into consideration such other factors related to that shortage as the President considers appropriate.

(b) Notification and publication of targets

The President shall notify the Governor of each State of each target established under subsection (a) for that State, and shall publish in the Federal Register, the targets, the base period consumption for each State and other data on which the targets are based, and the factors considered under subsection (a)(3).

(c) Establishment of targets for Federal agencies

In connection with the establishment of any national target under subsection (a) the President shall make effective an emergency energy conservation plan for the Federal Government, which plan shall be designed to achieve an equal or greater reduction in use of the energy source for which a target is established than the national percentage referred to in subsection (a)(3)(D). Such plan shall contain measures which the President will implement, in accordance with other applicable provisions of law, to reduce on an emergency basis the use of energy by the Federal Government. In developing such plan the President shall consider the potential for emergency reductions in energy use—

(1)

by buildings, facilities, and equipment owned, leased, or under contract by the Federal Government; and

(2)

by Federal employees and officials through increased use of car and van pooling, preferential parking for multipassenger vehicles, and greater use of mass transit.

(d) Review of targets
(1)

From time to time, the President shall review and, consistent with subsection (a), modify to the extent the President considers appropriate the national and State energy conservation targets established under this subsection.

(2)

Any modification under this paragraph shall be accompanied by such information and analysis as is necessary to provide the basis therefor and shall be available to the Congress and the public.

(3)
(A)

Before the end of the 12th month following the establishment of any conservation target under this section, and annually thereafter while such target is in effect, the President shall determine, for the energy source for which that target was established, whether a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demand are required in order to fulfill the obligations of the United States under the international energy program. The President shall transmit to the Congress and make public the information and other data on which any determination under this subparagraph is based.

(B)

If the President determines such an energy supply interruption does not exist or is not imminent or such actions are not required, the conservation targets established under this section with respect to such energy source shall cease to be effective.

(e) Determination and publication of actual consumption nationally and State-by-State

Each month the Secretary shall determine and publish in the Federal Register (1) the level of consumption for the most recent month for which the President determines accurate data is available, nationally and for each State, of any energy source for which a target under subsection (a) is in effect, and (2) whether the targets under subsection (a) have been substantially met or are likely to be met.

(f) Presidential authority not to be delegated

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

Source credit: (Pub. L. 96–102, title II, § 211, Nov. 5, 1979, 93 Stat. 758.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-102 · 93 Stat. 758

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-102 on 1979-11-05.

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