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PART 2-STATE ENERGY CONSERVATION

PLANS

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SEC. 621. STATE ENERGY CONSERVATION PLANS.

Section 365 (f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(d)) is amended

(1) by striking out "and"; and

(2) by striking out the period and inserting in lieu thereof the following:“, and $50,000,000 for fiscal

year 1979.. SEC. 622. SUPPLEMENTAL STATE ENERGY CONSERVA.

TION PLANS. Section 367 (c) of the Energy Policy and Conservation Act is amended by striking out "$40,000,000 for fiscal year 1979" and inserting in lieu thereof “$50,000,000 for fiscal year 1979”. SEC. 623. REPORT ON COORDINATION OF ENERGY CON.

SERVATION PROGRAMS. Not later than 6 months after the date of the enactment of this section, the Secretary of Energy shall submit to the Congress a report on the coordination of Federal energy conservation programs involving State and local government.

PART 3 MINORITY ECONOMIC IMPACT

SEC. 641. MINORITY ECONOMIC IMPACT.

(a) ESTABLISHMENT OF OFFICE OF MINORITY ECONOMIC IMPACT.--[Amends title II of the Department of Energy Organization Act which appears in this compilation, by adding a new section 211.]

PART 4-CONSERVATION OF NATIONAL COAL

RESOURCES

SEC. 661. MAJOR FUEL BURNING STATIONARY SOURCE.

Part A of title I of the Energy Policy and Conservation Act is amended by adding at che end thereof a new section as follows:

"Sec. 107. (a) No Governor of a State may issue any order or rule pursuant to section 125 of the Clean Air Act to any major fuel burning stationary source (or class or category thereof)

(1) prohibiting such source from using fuels other than locally or regionally available coal or coal derivatives, or “(2) requiring such source to enter into a contract (or contracts) for supplies of locally or regionally available coal or coal derivatives. "(b) (1) The Governor of any State may petition the President to exercise the President's authorities pursuant to section 125 of the Clean Air Act with respect to any major fuel burning stationary source located in such State.

"(2) Any petition under paragraph (1) shall include documentation which could support a finding that sig. nificant local or regional economic disruption or unemployment would result from use by such source of

“(A) coal or coal derivatives other than locally or regionally available coal,

"(B) petroleum products,
"(C) natural gas, or

“(D) any combination of fuels referred to in subparagraphs (A) through (C), to comply with the requirements of a State implementation plan pur

suant to section 110 of the Clean Air Act. "(c) Within 90 days after the submission of a Governor's petition under subsection (b), the President shall either issue an order or rule pursuant to section 125 of the Clean Air Act or deny such petition, stating in writing his reasons for such denial. In making his determination to issue such an order or rule pursuant to this subsection, the President must find that such order or rule would

“(1) be consistent with section 125 of the Clean Air Act;

“(2) result in no significant increase in the consumption of energy;

“(3) not subject the ultimate consumer to sig. nificantly higher energy costs; and

“(4) not violate any contractual relationship between such source and any supplier or transporter of

fuel to such source. "(d) Nothing in subsection (a) or (b) of this section shall affect the authority of the President or the Secretary of the Department of Energy to allocate coal or coal derivatives under any provision of law.

"(e) The terms 'major fuel burning stationary source (or class or category thereof)' and 'locally or regionally available coal or coal derivatives' shall have the meanings assigned to them for ine purposes of section 125 of the Clean Air Act.".

PART 5-STUDIES SEC. 681. OFF-HIGHWAY MOTOR VEHICLES

(a) IN GENERAL.- Title III of the Energy Policy and Conservation Act is amended by adding the following new part at the end thereof:

"PART I-OFF-HIGHWAY MOTOR VEHICLES

"OFF-HIGHWAY MOTOR VEHICLE CONSERVATION STUDY

"Sec. 385. Not later than 1 year after the date of the enactment of this section, the Secretary of Transportation

1

shall complete a study of the energy conservation potential of recreational motor vehicles, including, but not limited to, aircraft and motor boats which are designed

for recreational use, and shall submit a report to the Pres1

ident and to the Congress containing the results of such 1 study.".

(b) CONFORMING AMENDMENTS.—The table of contents for such Act is amended by inserting after the item relating to part H the following:

"PART 1-OFF-HIGHWAY MOTOR VEHICLES

"Sec. 385. Off-Highway motor vehicle conservation study.". SEC. 682. BICYCLE STUDY.

(a) FINDINGS.—The Congress recognizes that bicycles are the most efficient means of transportation, represent a viable commuting alternative to many people, offer mobility at speeds as fast as that of cars in urban areas, provide health benefit through daily exercise, reduce noise and air pollution, are relatively inexpensive, and deserve consideration in a comprehensive national energy plan.

(b) STUDY.-Not more than 1 year after the date of the enactment of this Act, the Secretary of Transportation shall complete a study of the energy conservation of potential bicycle transportation, determine institutional, legal, physical, and personal obstacles to increased bicycle use, establish a target for bicycle use in commuting, and develop a comprehensive program to meet these goals. In developing the program,

consideration should be given to educational programs, Federal demonstrations, planning grants, and construction grants. The Secretary of Transportation shall submit a report to the President and to the Congress containing the results of such a study. SEC. 683. SECOND LAW EFFICIENCY STUDY.

(a) STUDY.-(1) The Secretary of Energy, in consultation with the Director of the National Bureau of Standards and such other agencies as he deems necessary, shall conduct a study of the relevance to energy conservation programs of the use of the concept of energy efficiency as being the ratio of the minimum available work necessary

for accomplishing a given task to the available work in the actual fuel used to accomplish that task.

(b) REPORT.-A report on the study under subsection (a) shall be submitted to the Congress within 12 months after the date of enactment of this Act. The programs to be covered by such study include

(1) energy conservation programs authorized in the Energy Policy and Conservation Act, the Energy Conservation and Production Act, and this Act;

(2) appropriate Federal programs in energy research, development, and demonstration.

(c) CONTRACT PROCEDURE.—Any contract in connection with the study or report under this section shall be made by advertising and shall be in accordance with procedures established under the Federal Property and Administrative Services Act.

PART 6-TECHNICAL AMENDMENTS

SEC. 691. DEFINITION OF ADMINISTRATOR.

(a) IN GENERAL.–Paragraph (1) of section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202 (1)) is amended to read as follows:

“(1) The term 'Secretary' means the Secretary of Energy.". (b) CONFORMING AMENDMENTS.-(1) Section 527 of such Act (42 U.S.C. 6397) is hereby repealed.

(2) Such Act is amended by striking out “Administrator" and "Administrator's" each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof "Secretary" or "Secretary's”, respectively.

Approved November 9, 1978.

LEGISLATIVE HISTORY

House Reports: No. 95-431 (Comm. on Ways and

Means) and No. 95–1751 (Comm. of

Conference). Senate Reports: No. 95-424 (Comm. on Finance) and

No. 95–1294 (Comm. of Conference). Congressional Record :

Vol. 123 (1977): July 18, considered and passed House. Sept. 13, considered and passed Senate, amended. Oct. 13, House agreed to certain Senate amendments; agreed to Senate amendment No. 3 with an amendment.

Vol. 124 (1978): Oct. 9 Senate agreed to conference report. Oct. 15, House agreed to conference re

port. Weekly Compilation of Presidential Documents : Vol. 14, No. 45: Nov.9, Presidential statement.

NATIONAL ENERGY EXTENSION SERVICE

ACT

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