§ 6325. General provisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title III § 365 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6325

   Pub. L. 94–163, title III, § 365, Dec. 22, 1975, 89 Stat. 935

   Source evidence

   Code source credit
   Pub. L. 94–163, title III, § 365, Dec. 22, 1975, 89 Stat. 935

   Enacted provision · exact public law section
   Sec. 365. general provisions (a) The Administrator may prescribe such rules as may Rules. 42 USC 6325. Consultation. 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 Administrator shall consult with appropriate departments and Federal agencies. (c) The Administrator shall report annually to the President and Annual report to President and Congress. 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 Administrator, if any, for additional legislation. (d) There are authorized to be appropriated for carrying out the Appropriation authorization. provisions of this part $50,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977, and $50,000,000 for fiscal year 1978.

2. 1976

   Energy Conservation in Existing Buildings Act of 1976

   Pub. L. 94–385 § 432(d)(1) · 90 Stat. 1125

   Redesignated · 42 U.S.C. § 6325(d)

   Pub. L. 94–385, § 432(d)(1), (2), added subsec. (d). Former subsec. (d) redesignated (f)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–385, § 432(d)(1), (2), added subsec. (d). Former subsec. (d) redesignated (f).

   Enacted provision · exact public law section
   (1) by redesignating subsection (d) as subsection (f);

3. 1976

   Energy Conservation in Existing Buildings Act of 1976

   Pub. L. 94–385 § 432(d)(2) · 90 Stat. 1125

   Added · 42 U.S.C. § 6325(e)

   Pub. L. 94–385, § 432(d)(2), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–385, § 432(d)(2), added subsec. (e).

   Enacted provision · exact public law section
   (2) by adding immediately after subsection (c) the following two new subsections: “(d) The Federal Trade Commission shall (1) cooperate with and assist State agencies which have primary responsibilities for the protection of consumer 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, 15 USC 58. 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 Administrator 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 Infra. Post, p. 1165. Energy audits. 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.”; and

4. 1976

   Energy Conservation in Existing Buildings Act of 1976

   Pub. L. 94–385 § 432(d)(1) · 90 Stat. 1125

   1. Redesignated · 42 U.S.C. § 6325(f)

      Pub. L. 94–385, § 432(d)(1), (3), redesignated former subsec. (d) as (f)

   2. Inserted · 42 U.S.C. § 6325(f)

      Pub. L. 94–385, § 432(d)(1), (3), inserted “(other than section 6327 of this title)” after “part”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 94–385, § 432(d)(1), (3), redesignated former subsec. (d) as (f) and inserted “(other than section 6327 of this title)” after “part”.

   Enacted provision · exact public law section
   (1) by redesignating subsection (d) as subsection (f);

5. 1978

   Pub. L. 95–619 § 691(b)(2) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6325(a)(c)(e)

   Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (a) to (c), (e). Pub. L. 95–619, § 691(b)(2), substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

   Enacted provision · exact public law section
   (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.

6. 1978

   Pub. L. 95–619 § 621 · 92 Stat. 3206

   Changed · 42 U.S.C. § 6325(f)

   Pub. L. 95–619, § 621, authorized to be appropriated $50,000,000 for fiscal year 1979

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 95–619, § 621, authorized to be appropriated $50,000,000 for fiscal year 1979.

   Enacted provision · exact public law section
   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.”.

7. 1990

   State Energy Efficiency Programs Improvement Act of 1990

   Pub. L. 101–440 § 8(a) · 104 Stat. 1006

   Amended · 42 U.S.C. § 6325(f)

   Pub. L. 101–440, § 8(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “There are authorized to be appropriated for carrying out the provisions of this part (other than section 6327 of this title) $50,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977, $50,000,000 for fiscal year 1978, and $50,000,000 for fiscal year 1979.”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 101–440, § 8(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “There are authorized to be appropriated for carrying out the provisions of this part (other than section 6327 of this title) $50,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977, $50,000,000 for fiscal year 1978, and $50,000,000 for fiscal year 1979.”

   Enacted provision · exact public law section
   (a) State Plan Program.— Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as follows: “(f) For the purpose of carrying out this part, there are authorized to be appropriated not to exceed $25,000,000 for fiscal year 1991, $35,000,000 for fiscal year 1992, and $45,000,000 for fiscal year 1993.”.

8. 1990

   State Energy Efficiency Programs Improvement Act of 1990

   Pub. L. 101–440 § 5 · 104 Stat. 1006

   Added · 42 U.S.C. § 6325(g)

   Pub. L. 101–440, § 5, added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 101–440, § 5, added subsec. (g).

   Enacted provision · exact public law section
   SEC. 5. STATE ENERGY ADVISORY BOARD. Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) is amended by adding at the end the following: “(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 re-sources) 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.”.

9. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 title I § 141(a)(2) · 106 Stat. 2776

   1. Amended · 42 U.S.C. § 6325(f)

      Pub. L. 102–486 designated existing provisions as par. (1)

   2. Substituted · 42 U.S.C. § 6325(f)

      Pub. L. 102–486 substituted “Except as provided in paragraph (2), for the purpose” for “For the purpose”

   3. Added · 42 U.S.C. § 6325(f)

      Pub. L. 102–486 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 102–486 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), for the purpose” for “For the purpose”, and added par. (2).

   Enacted provision · exact public law section
   (2) Authorization of appropriations.— Section 365(f) of such Act (42 U.S.C. 6325(f)) is amended— (A) by striking “(f) For the purpose” and inserting the following: “(f)(1) Except as provided in paragraph (2), for the purpose”; and (B) by inserting at the end the following: “(2) For the purposes of carrying out section 363(f), there is authorized to be appropriated for fiscal year 1994 and each fiscal year thereafter such sums as may be necessary, to remain available until expended.”.

10. 1995

    Federal Reports Elimination and Sunset Act of 1995

    Pub. L. 104–66 title I § 1052(f) · 109 Stat. 707

    Substituted · 42 U.S.C. § 6325(c)

    Pub. L. 104–66 substituted “, as part of the report required under section 7267 of this title, report” for “report annually” in first sentence

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–66 substituted “, as part of the report required under section 7267 of this title, report” for “report annually” in first sentence.

    Enacted provision · exact public law section
    (f) Report on the Operation of State Energy Conservation Plans.— Section 365(c) of the Energy Policy and Conservation Act (42 U.S.C. 6325(c)) is amended by striking “report annually” and inserting “, as part of the report required under section 657 of the Department of Energy Organization Act, report”.

11. 1998

    Energy Conservation Reauthorization Act of 1998

    Pub. L. 105–388 § 2(a) · 112 Stat. 3477

    Amended · 42 U.S.C. § 6325(f)

    Pub. L. 105–388 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–388 amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:

    “(f)(1) Except as provided in paragraph (2), for the purpose of carrying out this part, there are authorized to be appropriated not to exceed $25,000,000 for fiscal year 1991, $35,000,000 for fiscal year 1992, and $45,000,000 for fiscal year 1993. “(2) For the purposes of carrying out section 6323(f) of this title, there is authorized to be appropriated for fiscal year 1994 and each fiscal year thereafter such sums as may be necessary, to remain available until expended.”

    Enacted provision · exact public law section
    (a) State Energy Conservation Program.— Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as follows: “(f) For the purpose of carrying out this part, there are authorized to be appropriated for fiscal years 1999 through 2003 such sums as may be necessary.”.

12. 2005

    Energy Policy Act of 2005

    Pub. L. 109–58 title I § 123(c) · 119 Stat. 594

    Substituted · 42 U.S.C. § 6325(f)

    Pub. L. 109–58 substituted “$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008” for “for fiscal years 1999 through 2003 such sums as may be necessary”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–58 substituted “$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008” for “for fiscal years 1999 through 2003 such sums as may be necessary”.

    Enacted provision · exact public law section
    (c) Authorization of Appropriations.— Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking “for fiscal years 1999 through 2003 such sums as may be necessary” and inserting “$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008”.

13. 2007

    Energy Independence and Security Act of 2007

    Pub. L. 110–140 title V § 531 · 121 Stat. 1492

    Substituted · 42 U.S.C. § 6325(f)

    Pub. L. 110–140 substituted “$125,000,000 for each of fiscal years 2007 through 2012” for “$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 110–140 substituted “$125,000,000 for each of fiscal years 2007 through 2012” for “$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008”.

    Enacted provision · exact public law section
    SEC. 531. REAUTHORIZATION OF STATE ENERGY PROGRAMS.   Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking “$100,000,000 for each of the fiscal years 2006 and 2007 and $125,000,000 for fiscal year 2008” and inserting “$125,000,000 for each of fiscal years 2007 through 2012”.

    Effective date note
    Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

14. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 div. D title I § 40109(c) · 135 Stat. 429

    1. Added · 42 U.S.C. § 6325(f)

       Pub. L. 117–58 added subsec. (f)

    2. Struck · 42 U.S.C. § 6325(f)

       Pub. L. 117–58 struck out former subsec. (f). Prior to amendment, text read as follows: “For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for each of fiscal years 2007 through 2012.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 117–58 added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for each of fiscal years 2007 through 2012.”

    Enacted provision · exact public law section
    (c) Authorization of Appropriations for State Energy Program.— Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325) is amended by striking subsection (f) and inserting the following: “(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).” .

18 of 18 references resolved to an enrolled provision