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ENERGY CONSERVATION AND

PRODUCTION ACT

Public Law 94-385

94th Congress, H.R. 12169
August 14, 1976

AN ACT

To amend the Federal Energy Administration Act of 1974 to extend the duration of authorities under such Act; to provide an incentive for domestic production; to provide for electric utility rate design initiatives; to provide for energy conservation standards for new buildings; to provide for energy conservation assistance for existing buildings and industrial plants; and for other purposes

Energy

Be it enacted by the Senate and House of Representa- Conservation tives of the United States of America in Congress assembled, That this Act may be cited as the "Energy Conservation and Production Act”.

CONTENTS

TITLE I-FEDERAL ENERGY ADMINISTRATION ACT
AMENDMENTS AND RELATED MATTERS

PART A-FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS
Sec. 101. Short title.

Sec. 102. Limitation on discretion of Administrator with respect
to energy actions.

Sec. 103. Environmental Protection Agency comment period and notice of waiver.

Sec. 104. Guidelines for hardship and inequity and hearing at
appeals.

Sec. 105. Requirements for hearing in the geographic area af-
fected by rules and regulations of the Administrator.
Sec. 106. Limitation on the Administrator's authority with re-
spect to enforcement of rules and regulations.
Sec. 107. Maintaining accounts or records for compliance pur-
poses; and alleviation of small business reporting
burdens.

Sec. 108. Penalties for failure to file information.

Sec. 109. Reports.

Sec. 110. Authorizations of appropriations.

Sec. 111. Collection of information concerning exports of coal or petroleum products.

Sec. 112. Federal Energy Administration Act extension.

Sec. 113. Project Independence evaluation system documentation and access.

PART B-PRODUCTION ENHANCEMENT AND OTHER RELATED
MATTERS

Sec. 121. Exemption of stripper well production.

Sec. 122. Enhancement of domestic production.

Sec. 123. Construction of refineries by small and independent

refiners.

Sec. 124. Effective date of EPAA amendments.

Act.

and Production 42 USC 6801

note.

PART C-OFFICE OF ENERGY INFORMATION AND ANALYSIS

Sec. 141. Findings and purpose.

Sec. 142. Office of Energy Information and Analysis.

"PART B-OFFICE OF ENERGY INFORMATION AND ANALYSIS

"Sec. 51. Establishment of Office of Energy Information and Analysis. "Sec. 52. National Energy Information System.

"Sec. 53. Administrative provisions.

"Sec. 54. Analytical capability.

"Sec. 55. Professional audit review of performance of Office.

"Sec. 56. Coordination of energy information activities.

"Sec. 57. Reports.

"Sec. 58. Energy information in possession of other Federal agencies. "Sec. 59. Congressional access to information in possession of the Office.". Sec. 143. Effective date.

PART D-AMENDMENTS TO OTHER ENERGY-RELATED LAW

Sec. 161. Appliance program.

Sec. 162. Energy Resources Council reports.

Sec. 163. Extension of Energy Resources Council.

Sec. 164. Development of underground coal mines.

TITLE II-ELECTRIC UTILITIES RATE DESIGN INITIATIVES

Sec. 201. Findings.

Sec. 202. Definitions.

Sec. 203. Electric utility rate design proposals.

Sec. 204. Rate design innovation and Federal Energy Administration intervention. Sec. 205. Grants for offices of consumer services.

Sec. 206. Reports.

Sec. 207. Authorizations of appropriations.

TITLE III-ENERGY CONSERVATION STANDARDS FOR NEW

Sec. 301. Short title.

Sec. 302. Findings and purposes.

Sec. 303. Definitions.

BUILDINGS

Sec. 304. Promulgation of energy conservation performance standards for new buildings.

Sec. 305. Application of energy conservation standards for new buildings.

Sec. 306. Federal buildings.

Sec. 307. Grants.

Sec. 308. Technical assistance.

Sec. 309. Consultation with interested and affected groups.

Sec. 310. Support activities.

Sec. 311. Monitoring of State and local adoption of energy conservation standards for buildings.

TITLE IV-ENERGY CONSERVATION AND RENEWABLE-RESOURCE ASSISTANCE FOR EXISTING BUILDINGS

Sec. 401. Short title.

Sec. 402. Findings and purpose.

PART A-WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS

Sec. 411. Findings and purpose.

Sec. 412. Definitions.

Sec. 413. Weatherization program.

Sec. 414. Financial assistance.

Sec. 415. Limitations.

Sec. 416. Monitoring, technical assistance, and evaluation.

Sec. 417. Administrative provisions.

Sec. 418. Approval of applications and administration of State programs.
Sec. 419. Judicial review.

Sec. 420. Nondiscrimination.

Sec. 421. Annual report.

Sec. 422. Authorization of appropriations.

PART B-STATE ENERGY CONSERVATION PLANS

Sec. 431. Definitions.

Sec. 432. Supplemental State energy conservation plans.

PART C-NATIONAL ENERGY CONSERVATION AND RENEWABLE-RESOURCE DEMONSTRATION PROGRAM FOR EXISTING DWELLING UNITS

Sec. 441. Energy conservation and renewable-resource demonstration.

PART D-ENERGY CONSERVATION AND RENEWABLE-RESOURCE OBLIGATION

Sec. 451. Program.

GUARANTEES

PART E-MISCELLANEOUS PROVISIONS

Sec. 461. Exchange of information.

Sec. 462. Report by the Comptroller General.

TITLE I-FEDERAL ENERGY ADMINISTRA-
TION ACT AMENDMENTS AND RELATED
MATTERS

PART A-FEDERAL ENERGY ADMINISTRATION ACT

AMENDMENTS

SHORT TITLE

Federal Energy

Administration

Act Amend

ments of 1976.

SEC. 101. This title may be cited as the "Federal Energy 15 USC 761 Administration Act Amendments of 1976".

LIMITATION ON DISCRETION OF ADMINISTRATOR WITH

RESPECT TO ENERGY ACTIONS

note.

SEC. 102. [Amends section 5 of the Federal Energy Ad- 15 USC 764. ministration Act of 1974, which appears in this compilation, by adding a new subsection (c).]

ENVIRONMENTAL PROTECTION AGENCY COMMENT PERIOD
AND NOTICE OF WAIVER

SEC. 103. [Amends section 7 (c) (1) and (2) of the Federal Energy Administration Act of 1974 which appears in this compilation.]

GUIDELINES FOR HARDSHIP AND INEQUITY AND HEARING
AT APPEALS

15 USC 766. regulations.

Rules and

15 USC 766.

SEC. 104. [Amends section 7(i) (1) (D) of the Federal Rules Energy Administration Act of 1974 which appears in this compilation.]

15 USC 766.

15 USC 766.

15 USC 772.

15 USC 774.

Energy analysis.

REQUIREMENTS FOR HEARING IN THE GEOGRAPHIC AREA
AFFECTED BY RULES AND REGULATIONS OF THE

ADMINISTRATOR

SEC. 105. [Amends section 7 (i) (1) of the Federal Energy Administration Act of 1974, which appears in this compilation, by adding a new subparagraph (F).]

LIMITATION ON THE ADMINISTRATOR'S AUTHORITY WITH
RESPECT TO ENFORCEMENT OF REGULATIONS AND RULINGS

SEC. 106. [Amends section 7 of the Federal Energy Administration Act of 1974, which appears in this compilation, by adding a new subsection (k).]

MAINTAINING ACCOUNTS OR RECORDS FOR COMPLIANCE PUR-
POSES; AND ALLEVIATION OF SMALL BUSINESS REPORTING
BURDENS

SEC. 107. [Amends section 13 of the Federal Energy Administration Act of 1974, which appears in this compilation, by adding new subsections (g) and (h).]

PENALTIES FOR FAILURE TO FILE INFORMATION

SEC. 108. [Amends section 13 of the Federal Energy Administration Act of 1974, which appears in this compilation, by adding a new subsection (i).]

REPORTS

SEC. 109. (a) Section 15 of the Federal Energy Administration Act of 1974 is amended

(1) by striking out subsection (a) thereof; and

(2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d), respectively.

(b) Section 15(b) of such Act (as redesignated by subsection (a) of this section) is amended

(1) by striking out "and" in paragraph (4) after "period;";

(2) in paragraph (5) by striking out the period at the end thereof and inserting in lieu thereof; and"; and

(3) by inserting at the end of such subsection the following:

"(6) an analysis of the energy needs of the United States and the methods by which such needs can be met, including both tax and nontax proposals and energy conservation strategies.

In the first annual report submitted after the date of enactment of the Energy Conservation and Production Act, the Administrator shall include in such report with respect to the analysis referred to in paragraph (6) a spe

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