42 U.S.C. § 8511 : US Code - Section 8511: National and State emergency conservation targets

Search 42 U.S.C. § 8511 : US Code - Section 8511: National and State emergency conservation targets

(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) of this section 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) of this section.
(c) Establishment of targets for Federal agencies
In connection with the establishment of any national target under
subsection (a) of this section 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) of this section. 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) of this section, 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) of this section is in effect,
and (2) whether the targets under subsection (a) of this section
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.