92 STAT. 3220 PUBLIC LAW 95-619-NOV. 9, 1978 satisfaction that the resources of such supplier do not enable him to comply with such requirement. SEC. 218. TEMPORARY PROGRAMS. (a) EXEMPTION FROM CERTAIN REQUIREMENTS.-A Governor of any State, on behalf of one or more utilities, or any public utility (supported by the Governor in the case of a regulated utility) may, no later than 180 days after the promulgation of rules pursuant to section 212, apply for a temporary exemption for one or more utilities from one or more of the requirements of section 215 and the prohibitions contained in section 216(a). Such temporary exemption may be granted, as determined by the Secretary, for a period not to exceed 3 years after the date of approval of such exemption. (b) TIME LIMIT.-An application for an exemption under subsection (a) shall be approved or disapproved by the Secretary within 90 days of receipt of such application or such longer period as the Secretary may require in the case of any particular application. (c) INFORMATION.-An application for an exemption under subsection (a) to establish a temporary program shall contain such information and meet such requirements as the Secretary shall prescribe by rule. (d) REQUIREMENTS.-In order for an application for an exemption under subsection (a) to be granted, the Governor or the public utility shall demonstrate to the satisfaction of the Secretary that the temporary program will: (1) contain adequate procedures to assure that each public utility, in connection with such program, will charge fair and reasonable prices and rates of interest to its residential customers in connection with the purchase and installation of residential energy conservation measures; (2) contain adequate procedures for preventing unfair, deceptive, or anticompetitive acts or practices affecting commerce which relate to the implementation of such program; and (3) be likely to result in the installation of suggested measures in at least as many residential buildings as would have been installed had such utility submitted a program which met the requirements of section 215 and did not violate the prohibitions contained in section 216(a). (e) FEDERAL STANDBY AUTHORITY.-The Secretary shall not exercise the Federal standby authority, pursuant to section 219 (a) or (b) with respect to any public utility which is covered by a temporary exemption approved by the Secretary pursuant to this section. Upon termination of such temporary exemption, the Secretary shall exercise such authority unless, within such period as he deems reasonable after such termination, the State (or nonregulated utility as the case may be) has a plan applicable to such utility approved under section 212 and such plan is being adequately implemented (as determined by the Secretary). SEC. 219. FEDERAL STANDBY AUTHORITY. (a) STANDBY AUTHORITY FOR STATE REGULATED UTILITIES.-If a State does not have a plan approved under section 212 (c) within 270 days after promulgation of rules under section 212 (a), or within such additional period as the Secretary may allow pursuant to section 212 (c) (1), or if the Secretary determines, after notice and opportunity for a public hearing that an approved plan is not being adequately implemented in such State, the Secretary shall PUBLIC LAW 95-619–NOV. 9, 1978 (1) promulgate a plan which meets the requirements of section 213, and (2) under such plan, by order, require each regulated utility in the State to offer, no later than 90 days following the date of issuance of such order, to its residential customers a utility program prescribed in such order which meets the requirements specified in section 215 (except with respect to a utility for which such requirements are inapplicable by reason of section 216(f)). For purposes of applying section 213 (c) in the case of a plan promulgated by the Secretary under this section, the references to the Governor or State agency shall be treated as references to the Secretary. (b) NONREGULATED UTILITIES.-If a nonregulated utility which is not covered by an approved State plan under section 212 does not have a plan approved under section 212 (c) within 270 days after promulgation of rules under section 212(a) or within such additional period as the Secretary may allow pursuant to section 212(c) (1), or if the Secretary determines that such nonregulated utility has not adequately implemented an approved plan, the Secretary shall, by order, require such nonregulated utility to (1) promulgate a plan which meets the requirements of section 214 and which applies to the residential buildings which would have been covered had such a plan been so approved or implemented, and (2) under such plan, by order, require the nonregulated utility to offer, not later than 90 days following the date of issuance of such order, to its residential customers a utility program prescribed in such order which meets the requirements specified in section 215 (except in the case of a nonregulated utility for which such requirements are inapplicable by reason of section 216(f)). (c) FAILURE TO COMPLY WITH ORDERS.-If the Secretary determines that any public utility to which an order has been issued pursuant to subsection (a) or (b) has failed to comply with such order, he may file a petition in the appropriate United States district court to enjoin such utility from violating such order. (d) CIVIL PENALTY.-(1) Any public utility which violates any requirement of a plan promulgated under subsection (a) or (b) or which fails to comply with an order under subsection (a) or (b) within 90 days from the issuance of such order shall be subject to a civil penalty of not more than $25,000 for each violation. Each day that such violation continues shall be considered a separate violation. (2)(A) Notwithstanding section 402(a) of the Department of Energy Organization Act, a civil penalty under this subsection shall be assessed by an order of the Secretary. (B) Before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within 30 days after receipt of such notice to have the procedures of paragraph (4) (in lieu of those of paragraph (3)) apply with respect to such assessment. (3)(A) Unless an election in writing is made within 30 calendar days after receipt of notice under paragraph (2) to have paragraph (4) apply with respect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to section 554 of title 5, United States Code, before an administrative law 92 STAT. 3221 92 STAT. 3222 PUBLIC LAW 95-619-NOV. 9, 1978 judge appointed under section 3105 of such title 5. Such assessment order shall include the administrative law judge's findings and the basis for such assessment. (B) Any person against whom such penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5, United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in part, the order of the Secretary, or the court may remand the proceeding to the Secretary for such further action as the court may direct. (4) (A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Secretary shall assess such penalty, by order, not later than 60 calendar days after the date of receipt of notice under paragraph (2) of the proposed penalty. (B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (A), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. (C) Any election to have this paragraph apply may not be revoked except with the consent of the Secretary. (5) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (3), or after the appropriate district court has entered final judginent in favor of the Secretary under paragraph (4), the Secretary shall recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final order or judgment imposing the civil penalty shall not be subject to review. (6) (A) Notwithstanding the provisions of title 28, United States Code, or of section 502 of the Department of Energy Organization Act, the Secretary shall be represented by the general counsel of the Department of Energy (or any attorney or attorneys within the Department of Energy designated by the Secretary) who shall supervise, conduct, and argue any civil litigation to which this subsection applies (including any related collection action) in a court of the United States or in any other court, except the Supreme Court. However, the Secretary or the general counsel shall consult with the Attorney General concerning such litigation and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate. (B) Subject to the provisions of section 502(c) of the Department of Energy Organization Act, the Secretary shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph. SEC. 220. RELATIONSHIP TO OTHER LAWS. (a) STATE AND LOCAL LAW IN GENERAL.-Nothing in this Part shall supersede any law or regulation of any State or political subdivision thereof, except to the extent that the Secretary, upon petition of a PUBLIC LAW 95-619-NOV. 9, 1978 public utility and for good cause, determines that such law or regulation prohibits a public utility from taking any action required to be taken under this Part or that such law or regulation requires or permits any public utility to take any action prohibited under this Part. (b) LAWS RELATING TO UNFAIR COMPETITION AND DECEPTIVE ACTS.Nothing in this Part shall be construed as restricting the authority of any agency or instrumentality of the United States or of any State under any provision of law to prevent unfair methods of competition and unfair or deceptive acts or practices. (c) TRUTH IN LENDING.-Nothing contained in section 104 (4) of the Truth in Lending Act (15 U.S.C. 1603 (4)) or the regulations issued pursuant thereto shall be deemed to exempt sales or credit extensions by public utilities under this Part. (d) MANUFACTURER'S WARRANTIES.-With respect to the last sentence of section 210(11) respecting warranties offered by a manufacturer, all Federal and State laws otherwise applicable to such warranties offered by a manufacturer shall apply, except to the extent inconsistent with such last sentence. SEC. 221. RULES. The Secretary is authorized to promulgate such rules as he determines may be necessary to carry out this Part. SEC. 222. PRODUCT STANDARDS. The Secretary shall consult with the Secretary of Commerce, acting through the National Bureau of Standards, with regard to any product or material standard which is relied on in implementing this Part as a basis for judging the efficacy, energy efficiency, safety, or other attributes of energy conservation materials, products, or devices, and with the Federal Trade Commission for the purpose of insuring that such standards do not operate to deceive consumers or unreasonably restrict consumer or producer options, and that such standards (when applicable) are suitable as a basis for making truthful and reliable disclosures to consumers regarding performance and safety attributes of energy conservation products, materials, and devices. SEC. 223. AUTHORIZATION OF APPROPRIATIONS. There are hereby authorized to be appropriated $5,000,000 to the Secretary for each of the first three fiscal years 1979, 1980, and 1981, to carry out his responsibilities under this Part. SEC. 224. REPORT ON ENERGY CONSERVATION IN APARTMENT (a) REPORT.-The Secretary shall, within six months after the date of enactment of this Act, prepare a report on the potential for energy conservation in apartment buildings. (b) CONSIDERATION REQUIRED.-The report required under this section shall include a consideration of: (1) structural and energy control measures which may result in energy conservation in apartment buildings; (2) potential for energy conservation in apartment buildings which could be achieved by the application of a utility program (such as provided in this part) to apartment buildings; (3) the costs of achieving energy conservation in apartment buildings, and the need for Federal financial assistance to achieve energy savings; and, (4) recommendations for appropriate legislation. 92 STAT. 3223 92 STAT. 3224 PUBLIC LAW 95-619-NOV. 9, 1978 (c) DEFINITION.-For purposes of this section, the term "apartment building" means a building used for residential occupancy which is not a new building to which final standards under section 304 (a) of the Energy Conservation and Production Act apply and which contains more than four dwelling units. SEC. 225. FEDERAL TRADE COMMISSION STUDY AND REPORT. (a) STUDY.-(1) Before January 1, 1982, the Federal Trade Commission shall complete a study and submit a report to Congress and the President on the activities of public utilities and home heating suppliers under this part. (2) The study shall include a review of the making, or arranging, of loans and the installation, or arranging for installation, of any residential energy conservation measure by public utilities and home heating suppliers. (3) Such study may contain legislative recommendations respecting lending and installation activities for any residential energy conservation measure by public utilities and home heating suppliers and may contain recommendations concerning whether public utilities or home heating suppliers should be permitted by State or Federal law to continue to carry out such activities. (b) CONSIDERATIONS REQUIRED.—In conducting the study under this part, the Commission shall consider the effect of public utility and home heating supplier activities under this part on (1) competition among utilities, home heating suppliers, contractors, and lenders in a utility's service area; (2) the availability of supplies of each residential energy conservation measure and the price of purchasing and installing each such measure; (3) the increase in the number of residential buildings in which PART 2-WEATHERIZATION GRANTS FOR THE SEC. 231. DEPARTMENT OF ENERGY WEATHERIZATION GRANT PRO- (a) ELIGIBILITY.—(1) Section 412(7) (A) of the Energy Conservation in Existing Buildings Act of 1976 is amended (A) by inserting "125 percent of" after "is at or below"; and (B) by inserting after "Budget," the following: "except that the Administrator may establish a higher level if the Administrator, after consulting with the Secretary of Agriculture and the Director of the Community Services Administration, determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established for the weatherization program under section 222 (a) (12) of the Economic Opportunity Act of 1964,". (2) The last sentence of section 413 (a) of such Act is amended by striking out "in which the head of the household is a low-income person." and inserting in lieu thereof "occupied by low-income families.". (b) STANDARDS AND MATERIALS.-(1) Section 413(b) of such Act is amended by inserting the following new paragraph at the end thereof: "(3) The Administrator, in coordination with the Secretaries and Director described in paragraph (2) (A) and with the Director of the |