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Code · STATUTE-COMPILATIONS · National Energy Conservation Policy Act · Sec. 212

Sec. 212. RULES OF SECRETARY FOR SUBMISSION AND APPROVAL OF PLANS

1,029 words·~5 min read·/statute-compilations/comps-10424/sec-212

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 212 RULES OF SECRETARY FOR SUBMISSION AND APPROVAL OF PLANS ###
(a)Promulgation of Rules by Secretary The Secretary shall, not later than 45 days after enactment of this Act, publish an advanced notice of proposed rulemaking with respect to rules on the content and implementation of residential energy conservation plans which meet the requirements of sections 213 and 214. Not later than 60 days after the date of publication of the advanced notice of proposed rulemaking, and after consultation with the Secretary of Housing and Urban Development, the Secretary of Commerce (acting through the National Bureau of Standards), the Federal Trade Commission, the Consumer Product Safety Commission, and the heads of such other agencies as he deems appropriate, the Secretary shall publish a proposed rule on content and implementation of such plans. After publication of such proposed rule, the Secretary shall afford interested persons (including Federal and State agencies) an opportunity to present oral and written comments on matters relating to such proposed rule. A rule prescribing the content and implementation of residential energy conservation plans shall be published not earlier than 45 days after publication of the proposed rule. ###
(b)Content of Secretary's Rules The rules promulgated under subsection (a)— ####
(1)shall identify the suggested measures for residential buildings, by climatic region and by categories determined by the Secretary on the basis of type of construction and any other factors which the Secretary may deem appropriate; ####
(2)shall include— #####
(A)standards which the Secretary determines necessary for general safety and effectiveness of any residential energy conservation measure; #####
(B)standards which the Secretary determines necessary for installation of any residential energy conservation measure; #####
(C)standards for the procedures concerning fair and reasonable prices and rates of interest required under section 213(a)(2); and #####
(D)standards, developed in consultation with the Federal Trade Commission, concerning unfair, deceptive, or anticompetitive acts or practices, for the measures required under section 213(b); ####
(3)shall include provisions requiring that— #####
(A)the manufacturer of any residential energy conservation measure offered under a utility program shall, in connection with such measure, warrant in writing that the residential customer for whom the measure is installed, the installation contractor who installs the measure, and the supplier of the measure shall (for those measures found within one year from the date of installation to be defective due to materials, manufacture, or design), at a minimum, be entitled to obtain, within a reasonable period of time and at no charge, appropriate replacement parts or materials; #####
(B)the supplier of any residential energy conservation measure offered under a utility program shall, in connection with such measure, provide, at a minimum, to any person who purchases the measure from such supplier a warranty equivalent to that required under subparagraph (A); and #####
(C)the contractor for the installation of any residential energy conservation measure offered under a utility program shall, in connection with such measure, warrant in writing that, at a minimum, any defect in materials, manufacture, design or installation found within one year from the date of installation shall be remedied without charge and within a reasonable period of time; and ####
(4)may include such other requirements as the Secretary may determine to be necessary to carry out this part. ###
(c)Procedure for Submission and Approval of State Residential Energy Conservation Plans ####
(1)#####
(A)Not later than 180 days after promulgation of rules under subsection (a), the Governor of each State or any State agency specifically authorized to do so under State law, may submit to the Secretary a proposed residential energy conservation plan which meets the requirements of the rules promulgated under subsection (a). Within such 180-day period, each nonregulated utility shall submit a proposed plan, which meets the requirements of the rules promulgated under subsection (a), to the Secretary unless a plan submitted under the preceding sentence for the State in which the nonregulated utility provides utility service applies to nonregulated utilities as provided in paragraph (2). The Secretary may, upon request of the Governor or State agency or nonregulated utility, extend, for good cause shown, the time period for submission of a plan. #####
(B)Each such plan shall be reviewed and approved or disapproved by the Secretary not later than 90 days after submission. If the Secretary disapproves a plan, the Governor or State agency or nonregulated utility may submit a new or amended plan not later than 60 days after the date of such disapproval, or such longer period as the Secretary may, for good cause, allow. The Secretary shall review and approve or disapprove any such new or amended plan not later than 90 days after submission. #####
(C)After approval of a plan, a Governor or State agency or nonregulated utility may submit an amended plan and such plan shall be approved or disapproved in the same manner as the original plan. ####
(2)Any plan submitted by a Governor or State agency under paragraph
(1)may, in the discretion of the Governor, if he notifies the Secretary within 30 days after promulgation of rules under subsection (a), apply to nonregulated utilities providing utility service in the State in the same manner as to regulated utilities. In any such case references elsewhere in this part to regulated utilities (including references to utilities with respect to which a State regulatory authority excercise ratemaking authority) shall, with respect to such State, be treated as references also to nonregulated utilities and references elsewhere in this part to nonregulated utilities shall not apply. For puposes of this paragraph, the term “**nonregulated utility**” shall not include any public utility which is a Federal agency. ####
(3)A plan applicable to home heating suppliers may be submitted by the Governor in his discretion. ####
(4)In the case of the Tennessee Valley Authority or any public utility with respect to which the Tennessee Valley Authority has ratemaking authority, the authority otherwise vested in a Governor, a State regulatory authority, a State agency, or an agency or instrumentality of a State under this part shall be vested in the Tennessee Valley Authority. **[**[42 U.S.C. 8213](/us/usc/t42/s8213)**]**
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  • 42 USC 8213
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Sec. 212
RULES OF SECRETARY FOR SUBMISSION AND APPROVAL OF PLANS
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