42 U.S.C. § 8512 : US Code - Section 8512: State emergency conservation plan

Search 42 U.S.C. § 8512 : US Code - Section 8512: State emergency conservation plan

(a) State emergency conservation plans
(1)(A) Not later than 45 days after the date of the publication
of an energy conservation target for a State under section 8511(b)
of this title, the Governor of that State shall submit to the
Secretary a State emergency conservation plan designed to meet or
exceed the emergency conservation target in effect for that State
under section 8511(a) of this title. Such plan shall contain such
information as the Secretary may reasonably require. At any time,
the Governor may, with the approval of the Secretary, amend a plan
established under this section.
(B) The Secretary may, for good cause shown, extend to a specific
date the period for the submission of any State's plan under
subparagraph (A) if the Secretary publishes in the Federal Register
notice of that extension together with the reasons therefor.
(2) Each State is encouraged to submit to the Secretary a State
emergency conservation plan as soon as possible after November 5,
1979, and in advance of such publication of any such target. The
Secretary may tentatively approve such a plan in accordance with
the provisions of this section. For the purposes of this subchapter
such tentative approval shall not be construed to result in a
delegation of Federal authority to administer or enforce any
measure contained in a State plan.
(b) Conservation measures under State plans
(1) Each State emergency conservation plan under this section
shall provide for emergency reduction in the public and private use
of each energy source for which an emergency conservation target is
in effect under section 8511 of this title. Such State plan shall
contain adequate assurances that measures contained therein will be
effectively implemented in that State. Such plan may provide for
reduced use of that energy source through voluntary programs or
through the application of one or more of the following measures
described in such plan:
(A) measures which are authorized under the laws of that State
and which will be administered and enforced by officers and
employees of the State (or political subdivisions of the State)
pursuant to the laws of such State (or political subdivisions);
and
(B) measures -
(i) which the Governor requests, and agrees to assume, the
responsibility for administration and enforcement in accordance
with subsection (d) of this section;
(ii) which the attorney general of that State has found that
(I) absent a delegation of authority under Federal law, the
Governor lacks the authority under the laws of the State to
invoke, (II) under applicable State law, the Governor and other
appropriate State officers and employees are not prevented from
administering and enforcing under a delegation of authority
pursuant to Federal law; and (III) if implemented, would not be
contrary to State law; and
(iii) which either the Secretary determines are contained in
the standby Federal conservation plan established under section
8513 of this title or are approved by the Secretary, in his
discretion.
(2) In the preparation of such plan (and any amendment to the
plan) the Governor shall, to the maximum extent practicable,
provide for consultation with representatives of affected
businesses and local governments and provide an opportunity for
public comment.
(3) Any State plan submitted to the Secretary under this section
may permit persons affected by any measure in such plan to use
alternative means of conserving at least as much energy as would be
conserved by such measure. Such plan shall provide an effective
procedure, as determined by the Secretary, for the approval and
enforcement of such alternative means by such State or by any
political subdivision of such State.
(c) Approval of State plans
(1) As soon as practicable after the date of the receipt of any
State plan, but in no event later than 30 days after such date, the
Secretary shall review such plan and shall approve it unless the
Secretary finds -
(A) that, taken as a whole, the plan is not likely to achieve
the emergency conservation target established for that State
under section 8511(a) of this title for each energy source
involved,
(B) that, taken as a whole, the plan is likely to impose an
unreasonably disproportionate share of the burden of restrictions
of energy use on any specific class of industry, business, or
commercial enterprise, or any individual segment thereof,
(C) that the requirements of this subchapter regarding the plan
have not been met, or
(D) that a measure described in subsection (b)(1) of this
section is -
(i) inconsistent with any otherwise applicable Federal law
(including any rule or regulation under such law),
(ii) an undue burden on interstate commerce, or
(iii) a tax, tariff, or user fee not authorized by State law.
(2) Any measure contained in a State plan shall become effective
in that State on the date the Secretary approves the plan under
this subsection or such later date as may be prescribed in, or
pursuant to, the plan.
(d) State administration and enforcement
(1) The authority to administer and enforce any measure described
in subsection (b)(1)(B) of this section which is in a State plan
approved under this section is hereby delegated to the Governor of
the State and the other State and local officers and employees
designated by the Governor. Such authority includes the authority
to institute actions on behalf of the United States for the
imposition and collection of civil penalties under subsection (e)
of this section.
(2) All delegation of authority under paragraph (1) with respect
to any State shall be considered revoked effective upon a
determination by the President that such delegation should be
revoked, but only to the extent of that determination.
(3) If at any time the conditions of subsection (b)(1)(B)(ii) of
this section are no longer satisfied in any State with respect to
any measure for which a delegation has been made under paragraph
(1), the attorney general of that State shall transmit a written
statement to that effect to the Governor of that State and to the
President. Such delegation shall be considered revoked effective
upon receipt by the President of such written statement and a
determination by the President that such conditions are no longer
satisfied, but only to the extent of that determination and
consistent with such attorney general's statement.
(4) Any revocation under paragraph (2) or (3) shall not affect
any action or pending proceedings, administrative or civil, not
finally determined on the date of such revocation, nor any
administrative or civil action or proceeding, whether or not
pending, based upon any act committed or liability incurred prior
to such revocation.
(e) Civil penalty
(1) Whoever violates the requirements of any measure described in
subsection (b)(1)(B) of this section which is in a State plan in
effect under this section shall be subject to a civil penalty of
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 in 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 measures the authority for
which is delegated under subsection (d) of this section.