Title 42 — The Public Health and Welfare
Part D · Chapter 77 — Energy Conservation
§ 6362. Energy conservation policies and practices
Statutory text
“Agency” defined
In this section, “agency” means—
the Department of Transportation with respect to part A of subtitle VII of title 49, United States Code;
the Interstate Commerce Commission;
the Federal Maritime Commission; and
the Federal Power Commission.
Statement of probable impact of major regulatory action on energy efficiency
Except as provided in subsection (c), each of the agencies specified in subsection (a) shall, where practicable and consistent with the exercise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy efficiency and energy conservation.
Application of provisions to authority exercised to protect public health and safety
Subsection (b) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety.
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.
Energy Policy and Conservation Act
Pub. L. 94–163 title III § 382 · 89 Stat. 871
Enacted · 42 U.S.C. § 6362
Pub. L. 94–163, title III, § 382, Dec. 22, 1975, 89 Stat. 939
Source evidence
Code source credit
Pub. L. 94–163, title III, § 382, Dec. 22, 1975, 89 Stat. 939Enacted provision · exact public law section
Sec. 382. energy conservation in policies and practices of certain federal agencies (a) (1) The Civil Aeronautics Board, the Interstate Commerce Report to Congress. 42 USC 6362. Commission, the Federal Maritime Commission, the Federal Power Commission, and the Federal Aviation Administration shall each conduct a study and shall each report to the Congress within 60 days after the date of enactment of this Act with respect to energy conservation policies and practices which such agencies have instituted subsequent to October 1973. (2) Each of the agencies specified in paragraph (1) shall, within Report to Congress. 120 days after the date of enactment of this Act, report to the Congress with respect to the content and feasibility of proposed programs for additional savings in energy consumption by the persons regulated by each such agency which nave as a minimum goal a 10-percent reduction, within 12 months of the institution of such programs, in energy consumption from the amount of energy consumed during calendar 1972, including any legislative recommendations each such agency finds are necessary to achieve such goal. (3) Each of the agencies specified in paragraph (1) shall conduct Report to Congress. a study and prepare a report with respect to any requirement of any law administered by such agency or any major regulatory action which the agency determines has the effect of requiring, permitting, or inducing the inefficient use of petroleum products, coal, natural gas, electricity, and other forms of energy, together with a statement of the need, purpose, or justification of any such requirement or such action. Each such report shall be submitted to the Congress within one year after the date of enactment of this Act. (b) Except as provided in subsection (c), each of the agencies specified in subsection (a) (1) shall, where practicable and consistent with the exercise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy efficiency and energy conservation. (c) Subsection (b) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety.Pub. L. 103–272 § 4(h)(1) · 108 Stat. 745
Added · 42 U.S.C. § 6362(a)
Pub. L. 103–272, § 4(h)(1), added subsec. (a)
Struck · 42 U.S.C. § 6362(a)
Pub. L. 103–272, § 4(h)(1), struck out former subsec. (a) which related to reports to Congress by Federal agencies, feasibility of additional savings in energy consumption, and administration of laws permitting inefficient use of energy
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–272, § 4(h)(1), added subsec. (a) and struck out former subsec. (a) which related to reports to Congress by Federal agencies, feasibility of additional savings in energy consumption, and administration of laws permitting inefficient use of energy.Enacted provision · exact public law section
(1) Strike subsection (a) and substitute the following: “(a) In this section, ‘agency’ means— “(1) the Department of Transportation with respect to part A of subtitle VII of title 49, United States Code; “(2) the Interstate Commerce Commission; “(3) the Federal Maritime Commission; and “(4) the Federal Power Commission.”.Pub. L. 103–272 § 4(h)(2) · 108 Stat. 745
Substituted · 42 U.S.C. § 6362(b)
Pub. L. 103–272, § 4(h)(2), substituted “subsection (a)” for “subsection (a)(1)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–272, § 4(h)(2), substituted “subsection (a)” for “subsection (a)(1)”.Enacted provision · exact public law section
(2) In subsection (b), strike “subsection (a)(1)” and substitute “subsection (a)”.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments
1994—Subsec. (a). Pub. L. 103–272, § 4(h)(1), added subsec. (a) and struck out former subsec. (a) which related to reports to Congress by Federal agencies, feasibility of additional savings in energy consumption, and administration of laws permitting inefficient use of energy.
Subsec. (b). Pub. L. 103–272, § 4(h)(2), substituted “subsection (a)” for “subsection (a)(1)”.
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective , by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.
Credits
1975–1994 · 2 acts
Show as published
(Pub. L. 94–163, title III, § 382, , 89 Stat. 939; Pub. L. 103–272, § 4(h), , 108 Stat. 1364.)