Sec. 365. general provisions
1,024 words·~5 min read·
/statute-compilations/comps-845/sec-365A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 365 general provisions ###
(a)The Secretary may prescribe such rules as may be necessary or appropriate to carry out his authority under this part. ###
(b)In carrying out the provisions of sections 362 and 364 and subsection
(a)of section 363, the Secretary shall consult with appropriate departments and Federal agencies. ###
(c)The Secretary shall, as part of the report required under section 657 of the Department of Energy Organization Act, report to the President and the Congress, and shall furnish copies of such report to the Governor of each State, on the operation of the program under this part. Such report shall include an estimate of the energy conservation achieved, the degree of State participation and achievement, a description of innovative conservation programs undertaken by individual States, and the recommendations of the Secretary, if any, for additional legislation. ###
(d)The Federal Trade Commission shall
(1)cooperate with and assist State agencies which have primary responsibilities for the protection of consumers in activities aimed at preventing unfair and deceptive acts or practices affecting commerce which relate to the implementation of measures likely to conserve, or improve efficiency in the use of, energy, including energy conservation measures and renewable resource energy measures, and
(2)undertake its own program, pursuant to the Federal Trade Commission Act to prevent unfair or deceptive acts or practices affecting commerce which relate to the implementation of any such measures. ###
(e)Within 90 days after the date of enactment of this subsection, the Secretary shall— ####
(1)develop, by rule after consultation with the Secretary of Housing and Urban Development, and publish a list of energy conservation measures and renewable-resource energy measures which are eligible (on a national or regional basis for financial assistance pursuant to section 509 of the Housing and Urban Development Act of 1970 or section 451 of the Energy Conservation and Production Act; ####
(2)designate, by rule, the types of, and requirements for energy audits. ###
(f)Authorization of Appropriations ####
(1)In general There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2022 through 2026. ####
(2)Distribution Amounts made available under paragraph (1)— #####
(A)shall be distributed to the States in accordance with the applicable distribution formula in effect on January 1, 2021; and #####
(B)shall not be subject to the matching requirement described in the first proviso of the matter under the heading “energy conservation” under the heading “Department of Energy” in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 (42 U.S.C. 6323a). ###
(g)####
(1)#####
(A)There is hereby established within the Department of Energy a State Energy Advisory Board (hereafter in this subsection referred to as the “Board”) which shall consist of at least 18 and not more than 21 members appointed by the Secretary as soon as practicable but no later than September 30, 1991. At least eight of the members of the Board shall be persons who serve as directors of the State agency, or a division of such agency, responsible for developing State energy conservation plans pursuant to section 362. At least four members shall be directors of State or local low income weatherization assistance programs. Other members shall be appointed from persons who have experience in energy efficiency or renewable energy programs from the private sector, consumer interest groups, utilities, public utility commissions, educational institutions, financial institutions, local government energy programs, or research institutions. A majority of the members of the Board shall be State employees. #####
(B)######
(i)Except as provided in clause (ii), the members of the Board shall serve a term of three years. ######
(ii)Of the members first appointed to the Board, one-third shall serve a term of one year, one-third shall serve a term of two years, and the remainder shall serve a term of three years, as specified by the Secretary. ####
(2)The Board shall— #####
(A)make recommendations to the Assistant Secretary for Conservation and Renewable Energy within the Department of Energy with respect to— ######
(i)the energy efficiency goals and objectives of the programs carried out under this part, part G of this title, and under part A of title IV of the Energy Conservation and Production Act; and ######
(ii)programmatic and administrative policies designed to strengthen and improve the programs referred to in clause (i), including actions that should be considered to encourage non-Federal resources (including private resources) to supplement Federal financial assistance; #####
(B)serve as a liaison between the States and such Department on energy efficiency and renewable energy resource programs; and #####
(C)encourage transfer of the results of research and development activities carried out by the Federal Government with respect to energy efficiency and renewable energy resource technologies. ####
(3)The Secretary shall designate one of the members of the Board to serve as its chairman and one to serve as its vice-chairman. The chairman and vice-chairman shall serve in those offices no longer than two years. ####
(4)The Secretary shall provide the Board with such reasonable services and facilities as may be necessary for the performance of its functions. ####
(5)The Board shall be nonpartisan. ####
(6)The Board may adopt administrative rules and procedures and may elect one of its members secretary of the Board. ####
(7)Consistent with Federal regulations, the Secretary shall reimburse members of the Board for expenses (including travel expenses) necessarily incurred by them in the performance of their duties. ####
(8)The Board shall meet at least twice a year and shall submit an annual report to the Secretary and the Congress on the activities carried out by the Board in the previous fiscal year, including an accounting of the expenses reimbursed under paragraph
(7)with respect to the year for which the report is made and any recommendations it may have for administrative or legislative changes concerning the matters referred to in subparagraphs (A), (B), and
(C)of paragraph (2). ####
(9)The Board shall continue until terminated by law. **[**[42 U.S.C. 6325](/us/usc/t42/s6325)**]**
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources