National Energy Conservation Policy Act

(Conference report filed in House, H. Rept. 95-1751)

National Energy Conservation Policy Act - =Title I: General Provisions= - Declares that the purposes of this Act are to provide for the regulation of interstate commerce, to reduce the growth in demand for energy, and to conserve non-renewable energy resources without inhibiting beneficial economic growth.

=Title II: Residential Energy Conservation= - Directs the Secretary of Energy to establish procedures for the approval and implementation of residential energy conservation plans by State utility regulatory authorities, non-regulated utilities, and home heating suppliers. Prescribes energy conservation measures to be included in such plans. Establishes criteria governing programs to be carried out by public utilities as part of such energy conservation plans. Authorizes temporary exemptions from such requirements where alternative programs will be implemented. Authorizes the Secretary to implement and enforce a Federal plan in the event of inadequate action by a State or a nonregulated utility, except where a temporary exemption to such plan requirements has been approved. Imposes civil penalties on any utility which violates any plan requirement or fails to comply with a Federal order requiring implementation of a Federal plan.

Directs the Secretary to consult with: (1) the Secretary of Commerce, acting through the National Bureau of Standards, with regard to product or material standards relied on in implementing such plans as a basis for judging the efficacy, energy efficiency, safety, or other attributes of energy conservation materials, products, or devices; and (2) the Federal Trade Commission to insure against unfair and deceptive trade practices which may arise as a result of the operation of such standards.

Requires the Secretary to prepare a report on energy conservation in apartment buildings. Requires the Federal Trade Commission to complete a study and submit a report to Congress and the President on the activities of public utilities and home heating suppliers, including reviews on the financing and installation of residential energy conservation measures.

Authorizes the appropriation of $5,000,000 for each of fiscal years 1979, 1980, 1981 for the Utility Program established by this Act.

Amends the Energy Conservation in Existing Buildings Act of 1976 to permit a raise in the eligible income level for weatherization grants to low-income families. Expands the definition of the term "weatherization materials" in such Act to include additional devices and technologies. Limits the amount of financial assistance available under such Act that may be spent on weatherization materials and specified accompanying costs.

Amends the Housing Act of 1949 to require the Secretary of Agriculture to conduct a weatherization program financing the installation of weatherization materials in farm residences occupied by low-income people.

Amends the Federal National Mortgage Association Charter Act to direct the Federal National Mortgage Association to purchase loans insured under the National Housing Act and made to low- and moderate-income families for the installation of energy conserving improvements in residences owned by such families.

Permits the Secretary of Housing and Urban Development to insure loans for the installation of energy conserving improvements and solar energy systems in single homes and multifamily housing.

Allows the Government National Mortgage Association (GNMA) to have standby authority to purchase loans for energy-conserving improvements.

Authorizes the GNMA to purchase and sell loans and advances of credit which are insured under the National Housing Act and which are made to the owners of one-to-four-family dwelling units for the purpose of financing the purchase and installation of solar energy systems.

Permits the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association to deal in insured and uninsured residential energy conservation loans in their secondary market operations.

Amends the National Housing Act to permit increased amounts of financial assistance to be insured if such increase results from increased cost of a residence or project due to the installation of a solar energy system.

Permits the Secretary of Housing and Urban Development to enter into annual contribution contracts to finance the installation of energy-conserving improvements in existing low-income housing projects.

Directs the Secretary of Housing and Urban Development and the Secretary of Agriculture to promote the use of energy-saving techniques through minimum property standards established for newly constructed residential housing subject to federally-insured mortgages or assisted under the Housing Act of 1949.

Directs the Secretary of Housing and Urban Development to conduct a study to determine the necessity of mandatory Federal requirements that all residential dwelling units meet energy efficiency standards.

Directs the President to conduct a study to monitor the weatherization activities authorized by this Act and/or undertaken independently of this Act.

Amends the Energy Conservation Standards for New Buildings Act of 1976 to increase the authorization of appropriations for new building performance standards to $10,000,000 for each of the fiscal years 1978 and 1979.

=Title III: Energy Conservation Programs for Schools and Hospitals and Buildings Owned by Units of Local Governments and Public Care Institutions= - Requires the Secretary of Energy to publish guidelines for the conduct of preliminary energy audits of schools and hospital facilities.

Requires the Secretary, within 90 days after enactment of this Act to prescribe guidelines for the development of State plans to implement energy conservation projects.

Authorizes the Secretary to make grants: (1) to States to conduct preliminary energy audits and energy audits of school and hospital facilities for technical assistance; and (2) to schools and hospitals for energy conservation project costs.

Allows the Secretary to conduct preliminary energy audits within any State which fails to conduct such an audit within two years after the date of enactment of this Act.

Requires the Secretary to allocate 80 percent of the funds available for financial assistance among the States according to a formula devised by the Secretary. Specifies that ten percent is to be allocated for critical energy situations, and ten percent for specified classes of hardship cases.

Authorizes to be appropriated for the purpose of making grants to schools and hospitals for energy conservation projects $180,000,000, $295,000,000, and $400,000,000 for fiscal years 1978, 1979, and 1980, respectively. Authorizes the appropriation of $20,000,000 for fiscal year 1978 and $5,000,000 for fiscal year 1979 for the purpose of conducting preliminary energy audits required by this Act.

Requires the Secretary to submit to Congress annual reports of actions taken and actions planned pursuant to the above requirements.

Requires grantees to keep and furnish records, as prescribed by the Secretary.

Amends the Energy Policy and Conservation Act to authorize the Secretary to make grants to States, units of local government, and public care institutions to conduct preliminary energy audits and to support technical assistance programs for buildings owned by such units and institutions.

Directs the Secretary to prescribe guidelines, within 90 days after enactment of this Act, for the development of State plans for the implementation of technical assistance programs for buildings owned by units of local government and public care institutions.

Authorizes the appropriation of $7,500,000 for each of the fiscal years 1978 and 1979 for the purpose of conducting energy audits under this program. Authorizes the appropriation of $17,500,000 for fiscal year 1978 and $32,500,000 for fiscal year 1979 for the purpose of making technical assistance grants under this program.

Requires the Secretary to report to Congress on the actions taken and actions planned under this program.

=Title IV: Energy Efficiency of Certain Products and Processes= - Amends the Motor Vehicle Information and Cost Savings Act to increase the maximum amount of civil penalties for violations of the fuel economy standards imposed by such Act.

Requires fuel efficiency disclosure on vehicles of 8,500 pounds or less. Requires an Environmental Protection Agency (EPA) report on the accuracy of fuel economy estimates for new automobiles. Requires that the fuel economy label required by the Motor Vehicle Information and Cost Savings Act include a disclosure of the tax upon fuel inefficient automobiles upon enactment of such tax legislation.

Directs the Secretary of Energy to establish energy efficiency standards for specified household appliances. Stipulates that such standards shall reflect the maximum improvement in energy efficiency which is technologically feasible and economically justified.

Amends the Energy Policy and Conservation Act to prescribe procedures for the assessment of civil penalties for violations of energy efficiency standards.

Preempts all State energy efficiency standards prescribed after January 1, 1978. Permits a State to petition the Secretary requesting a rule that such State regulation is not to be superseded pursuant to this Act, and authorizes the Secretary to make such a rule only if he finds: (1) there is a significant State or local interest to justify such State regulation; (2) such State regulation is more stringent than the corresponding Federal standard; and (3) such State regulation would not unduly burden interstate commerce. Permits a person subject to a State energy efficiency regulation prescribed on or before the establishment of corresponding Federal Standards to petition the Secretary to prescribe a rule under this Act which supersedes such State regulation.

Makes technical and conforming amendments to the Energy Policy and Conservation Act.

Authorizes additional appropriations for fiscal year 1979 to carry out the purposes of this program.

Amends the Energy Policy and Conservation Act to direct the Secretary to prescribe energy efficiency standards for classes of industrial equipment after making an evaluation and determination of standard classifications of specified industrial equipment. Requires the Secretary to submit a report of such evaluation and classifications to the Congress no later than 18 months after the date of enactment of this Act.

Requires mandatory labeling of industrial equipment subject to the Federal standards. Imposes civil penalties for violation of such requirements. Authorizes appropriations for fiscal years 1978 and 1979 to carry out such program.

Requires the Secretary to establish targets for the increased utilization of energy-saving recovered materials for four industries: metals and metal products, paper and allied products, textile mill products, and rubber.

=Title V: Federal Energy Initiatives= - Amends the Energy Policy and Conservation Act to specify which agencies are subject to the requirements of the President's ten-year energy conservation plan. Authorizes additional appropriations to carry out the purposes of this part.

Directs the Secretary: (1) to establish a program to demonstrate solar heating and cooling technology in Federal buildings; and (2) to promulgate criteria for evaluating Federal agency proposals with respect to such demonstration program. Authorizes the appropriation of $100,000,000 through fiscal year 1980 for such program.

Declares the policy of the United States that the Federal Government has the responsibility to promote the use of energy conservation, solar heating and cooling, and other renewable energy sources in Federal buildings.

Directs the Secretary to establish methods for estimating and comparing life cycle costs for Federal buildings. Requires all new Federal buildings to be life cycle cost effective in accordance with the methods established by the Secretary. Directs the Secretary to make available to the public information on the use of life cycle cost methods in the construction of buildings and other structures in all segments of the economy.

Directs the Secretary to establish energy performance targets for Federal buildings.

Directs each Federal agency to conduct a preliminary energy audit of all existing buildings under its jurisdiction and to furnish the results of such audit to the Secretary, who shall submit a full report to the Congress by August 15, 1979, for buildings with 30,000 or more square feet, and by August 15, 1980, for buildings with 1,000 or more but less than 30,000 square feet.

Requires at least one percent of the total square footage in all Federal buildings under the jurisdiction, occupancy, or control of Federal agencies, to be retrofitted to improve energy efficiency during the first full fiscal year beginning after the date of enactment of this Act. Requires all Federal buildings to be retrofitted by January 1, 1990, to assure their minimum life cycle costs.

Directs all Federal agencies, in leasing buildings, to give preference to buildings which use solar energy equipment or other renewable energy resources or which otherwise minimize life cycle costs.

Directs the Secretary to submit an annual report to Congress on all activities under this part.

Authorizes the appropriation of up to $2,000,000 for fiscal year 1979 to enable the Secretary to perform the functions vested in him under this part.

Federal Photovoltaic Utilization Act - Establishes a photovoltaic energy commercialization program for the accelerated procurement of photovoltaic solar electric systems in new and existing Federal facilities.

Authorizes the Secretary to make contracts for the acquisition of such photovoltaic systems at an annual level substantial enough to allow suppliers to use low-cost production techniques. Directs the Secretary to establish a photovoltaic systems evaluation and purchase program designed to insure that such systems reflect the most advanced technology.

Directs the Secretary: (1) to consult with the Secretary of Defense to insure that such program does not interfere with defense-related activities; and (2) to prescribe appropriate rules and regulations for monitoring and assessing the performance and operation of installed photovoltaic electric systems.

Establishes an advisory committee to assist in the establishment and conduct of the program. Authorizes the appropriation of $98,000,000 for fiscal years 1979 - 1981 to carry out such program.

=Title VI: Additional Energy-Related Measures= - Expands the existing industrial energy reporting systems to cover industries identified by the Secretary as major energy-consuming industries or industries which use at least one trillion BTU's of energy per year. Requires all individual plants of corporations which comprise such industries to (periodically) file with their corporate headquarters plant reporting forms detailing their energy-efficiency progress.

Amends the Energy Policy and Conservation Act to authorize additional appropriations for State energy conservation programs for fiscal year 1979.

Requires the Secretary to report to the Congress, within six months of enactment of this Act, on the coordination of Federal energy conservation programs involving State and local governments.

Establishes, within the Department of Energy, an Office of Minority Economic Impact, to advise the Secretary on the effect of energy-related actions on minorities and minority business enterprises and on methods to insure that minorities have an opportunity to participate in the Federal energy programs of the Department. Authorizes the Secretary to make loans to minority businesses to assist them in participating in such programs. Authorizes appropriations to carry out this program.

Repeals the authority granted to the Governor of a State, under the Clean Air Act, as amended, which allowed him to prohibit major fuel-burning stationary sources from using fuels other than regional or local coal or coal derivatives. Allows the Governor of a State to petition the President to exercise his presidential authority under such Act where it can be shown that significant local or regional economic disruption or unemployment would result from use by such sources of fuels other than local or regional coal.

Requires the Secretary of Transportation to conduct a study: (1) on the energy-conserving potential of recreational motor vehicles; and (2) on the energy-conserving potential of increased bicycle transportation, and on the development of a comprehensive program to achieve increased bicycle use.

Requires the Secretary of Energy to conduct a study on the relevance to energy conservation programs of the use of the concept of the second law of thermodynamics.

Makes necessary technical and conforming amendments to the Energy Policy and Conservation Act.