42 U.S.C. § 8513 : US Code - Section 8513: Standby Federal conservation plan

Search 42 U.S.C. § 8513 : US Code - Section 8513: Standby Federal conservation plan

(a) Establishment of standby conservation plan
(1) Within 90 days after November 5, 1979, the Secretary, in
accordance with section 7191 of this title, shall establish a
standby Federal emergency conservation plan. The Secretary may
amend such plan at any time, and shall make such amendments public
upon their adoption.
(2) The plan under this section shall be consistent with the
attainment of the objectives of section 753(b)(1) (!1) of title 15,
and shall provide for the emergency reduction in the public and
private use of each energy source for which an emergency
conservation target is in effect or may be in effect under section
8511 of this title.
(b) Implementation of standby conservation plan
(1) If the President finds -
(A) after a reasonable period of operation, but not less than
90 days, that a State emergency conservation plan approved and
implemented under section 8512 of this title is not substantially
meeting a conservation target established under section 8511(a)
of this title for such State and it is likely that such target
will continue to be unmet; and
(B) a shortage exists or is likely to exist in such State for
the 60-day period beginning after such finding that is equal to
or greater than 8 percent of the projected normal demand, as
determined by the President, for an energy source for which such
conservation target has been established under section 8511(a) of
this title;
then the President shall, after consultation with the Governor of
such State, make effective in such State all or any part of the
standby Federal conservation plan established under subsection (a)
of this section for such period or periods as the President
determines appropriate to achieve the target in that State.
(2) If the President finds after a reasonable period of time,
that the conservation target established under section 8511(a) of
this title is not being substantially met and it is likely that
such target will continue to be unmet in a State which -
(A) has no emergency conservation plan approved under section
8512 of this title; or
(B) the President finds has substantially failed to carry out
the assurances regarding implementation set forth in the plan
approved under section 8512 of this title,
then the President shall, after consultation with the Governor of
such State, make effective in such State all or any part of the
standby Federal conservation plan established under subsection (a)
of this section for such period or periods as the President
determines appropriate to achieve the target in that State.
(c) Basis for findings
Any finding under subsection (b) of this section shall be
accompanied by such information and analysis as is necessary to
provide a basis therefor and shall be available to the Congress and
the public.
(d) Submission of State emergency conservation plan
(1) (!2) The Governor of a State in which all or any portion of
the standby Federal conservation plan is or will be in effect may
submit at any time a State emergency conservation plan, and if it
is approved under section 8512(c) of this title, all or such
portion of the standby Federal conservation plan shall cease to be
effective in that State. Nothing in this paragraph shall affect any
action or pending proceedings, administrative or civil, not finally
determined on such date, nor any administrative or civil action or
proceeding, whether or not pending, based upon any act committed or
liability incurred prior to such cessation of effectiveness.
(e) State substitute emergency conservation measures
(1) After the President makes all or any part of the standby
Federal conservation plan effective in any State or political
subdivision under subsection (b) of this section, the Secretary
shall provide procedures whereby such State or any political
subdivision thereof may submit to the Secretary for approval one or
more measures under authority of State or local law to be
implemented by such State or political subdivision and to be
substituted for any Federal measure in the Federal plan. The
measures may include provisions whereby persons affected by such
Federal measure are permitted to use alternative means of
conserving at least as much energy as would be conserved by such
Federal measure. Such measures shall provide effective procedures,
as determined by the Secretary, for the approval and enforcement of
such alternative means by such State or by any political
subdivision thereof.
(2) The Secretary may approve the measures under paragraph (1) if
he finds -
(A) that such measures when in effect will conserve at least as
much energy as would be conserved by such Federal measure which
would have otherwise been in effect in such State or political
subdivision;
(B) such measures otherwise meet the requirements of this
paragraph; and
(C) such measures would be approved under section
8512(c)(1)(B), (C), and (D) of this title.
(3) If the Secretary approves measures under this subsection such
Federal measure shall cease to be effective in that State or
political subdivision. Nothing in this paragraph shall affect any
action or pending proceedings, administrative or civil, not finally
determined on the date the Federal measure ceases to be effective
in that State or political subdivision, nor any administrative or
civil action or proceeding, whether or not pending, based upon any
act committed or liability incurred prior to such cessation of
effectiveness.
(4) If the Secretary finds after a reasonable period of time that
the requirements of this subsection are not being met under the
measures in effect under this subsection he may reimpose the
Federal measure referred to in paragraph (1).
(f) State authority to administer plan
At the request of the Governor of any State, the President may
provide that the administration and enforcement of all or a portion
of the standby Federal conservation plan made effective in that
State under subsection (b) of this section be in accordance with
section 8512(d)(1), (2), and (4) of this title.
(g) Presidential authority not to be delegated
Notwithstanding any other provision of law (other than subsection
(f) of this section), the authority vested in the President under
this section may not be delegated.
(h) Requirements of plan
The plan established under subsection (a) of this section shall -

(1) taken as a whole, be designed so that the plan, if
implemented, would be likely to achieve the emergency
conservation target under section 8511 of this title for which it
would be implemented,
(2) taken as a whole, be designed so as not to impose an
unreasonably disproportionate share of the burden of restrictions
on energy use on any specific class of industry, business, or
commercial enterprise, or any individual segment thereof, and
(3) not contain any measure which the Secretary finds -
(A) is inconsistent with any otherwise applicable Federal law
(including any rule or regulation under such law),
(B) is an undue burden on interstate commerce,
(C) is a tax, tariff, or user fee, or
(D) is a program for the assignment of rights for end-user
purchases of gasoline or diesel fuel, as described in section
6263(a)(1)(A) and (B) (!3) of this title.
(i) Plan may not authorize weekend closings of retail gasoline
stations
(1) Except as provided in paragraph (2), the plan established
under subsection (a) of this section may not provide for the
restriction of hours of sale of motor fuel at retail at any time
between Friday noon and Sunday midnight.
(2) Paragraph (1) shall not preclude the restriction on such
hours of sale if that restriction occurs in connection with a
program for restricting hours of sale of motor fuel each day of the
week on a rotating basis.
(j) Civil penalties
(1) Whoever violates the requirements of such a plan implemented
under subsection (b) of this section shall be subject to a civil
penalty 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 under 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 that portion of the standby
Federal conservation plan for which authority is delegated to that
State under subsection (f) of this section.