applicant, (E) the factors which may prevent the assistance from being available in certain areas or for certain classes of persons, and (F) the extent to which fraudulent practices can be prevented; and (6) consult with the Administrator and the heads of such other Federal agencies as may be appropriate. (d)(1) The amount of any grant made pursuant to this section shall not exceed the lesser of (A) with respect to an approved energy conservation measure, (i) $400, or (ii) 20 per centum of the cost of installing or otherwise implementing such measure; and (B) with respect to an approved renewable-resource energy measure, (i) $2,000, or (ii) 25 per centum of the cost of installing or otherwise implementing such measure. The Secretary may, by rule, increase such percentages and amounts in the case of an applicant whose annual gross family income for the preceding taxable year is less than the median family income for the housing market area in which the dwelling unit which is to be modified by such measure is located, as determined by the Secretary. The Secretary may also modify the limitations specified in this paragraph if necessary in order to achieve the purposes of this section. (2) No person shall be eligible for both financial assistance under this section and a credit against income tax for the same energy conservation measure or renewable-resource energy measure. (e) The Secretary may condition the availability of financial assistance with respect to the installation and implementation of any renewable-resource energy measure on such measure's meeting performance standards for reliability and efficiency and such certification procedures as the Secretary may, in consultation with the Administrator and other appropriate Federal agencies, prescribe for the purpose of protecting consumers. (f) In carrying out the demonstration program required by this section, the Secretary is authorized to delegate responsibilities to, or to contract with, other Federal agencies or with such State or local instrumentalities or other public or private bodies as the Secretary may deem desirable. Such demonstration program shall be coordinated to the extent practicable, with the State energy conservation plans as described in, and implemented pursuant to, part C of title III of the Energy Policy and Conservation Act. (g) The Secretary shall submit an interim report to the Congress not later than 6 months after the date of enactment of this section (and every 6 months thereafter until the final report is made under this subsection) indicating the progress made in carrying out the demonstration program required by this section and shall submit a final report to the Congress, containing findings and legislative recommendations, not later than 2 years after the date of enactment of this section. As part of each report made under this subsection, the Secretary shall include an evaluation, based on the criteria described in subsection (h), of each demonstration project conducted under this section. (h) Prior to undertaking any demonstration project under this section, the Secretary shall specify and report to the Congress the criteria by which the Secretary will evaluate the effectiveness of the project and the results to be sought. (i) As used in this section: (1) The term "Administrator" means the Administrator of the Federal Energy Administration; except that after such Administration ceases to exist, such term means any officer of the United States designated by the President for purposes of this section. (2) The term "approved", with respect to an energy conservation measure or a renewable-resource energy measure, means any such measure which is included on a list of such measures which is published by the Administrator of the Federal Energy Administration pursuant to section 365(e)(1) of the Energy Policy and Conservation Act. The Administrator may, by rule, require that an energy audit be conducted as a condition of obtaining assistance under this section for a renewable-resource energy measure. (3) The terms "energy audit", "energy conservation measure", and "renewable-resource energy measure" have the meanings prescribed for such terms in section 366 of the Energy Policy and Conservation Act. (j) There is authorized to be appropriated, for purposes of this section, not to exceed $200,000,000. Any amount appropriated pursuant to this subsection shall remain available until expended. Approved August 14, 1976. EXCERPTS FROM NATIONAL ENERGY CONSERVATION POLICY ACT [Public Law 95-619; 92 Stat. 3206; 42 U.S.C. 8201] TITLE II-RESIDENTIAL ENERGY CONSERVATION PART 1-UTILITY PROGRAM SEC. 210. DEFINITIONS. As used in this title (1) The term "Secretary" means the Secretary of Energy. (2) The term "load management technique" means any technique to reduce the maximum kilowatt demand on an electric utility, including ripple or radio control mechanisms, or other types of interruptible electric service, energy storage devices, and load limiting devices. (3) The term "natural gas" means natural gas as defined in the Natural Gas Act. (4) The term "public utility" means any person, State agency, or Federal agency which is engaged in the business of selling natural gas or electric energy, or both, to residential customers for use in a residential building. (5) The term "regulated utility" means a public utility with respect to whose rates a State regulatory authority has ratemaking authority. (6) The term "nonregulated utility" means a public utility which is not a regulated utility. (7) The term "rate" means any price, rate, charge, or classification made, demanded, observed, or received with respect to sales of electric energy or natural gas, any rule, regulation, or practice respecting any such rate, charge, or classification, and any contract pertaining to the sale of electric energy or natural gas. (8) The term "ratemaking authority" means authority to fix, modify, approve, or disapprove rates. (9) The term "residential building" means any building used for residential occupancy which (A) is not a new building to which final standards under sections 304(a) and 305 of the Energy Conservation and Production Act apply, and (B) contains at least one but not more than four dwelling units and has a system for heating or cooling, or both, except that, after January 1, 1982, such term shall also include any building which contains more than four dwelling units unless such building contains a heating or cooling system, or both, which is a central system. (10) The term "residential customer" means any person to whom (A) a public utility sells natural gas or electric energy, or (B) a home heating supplier supplies or sells home heating fuel (including No. 2 heating oil, kerosene, butane, and propane), for consumption by such customer in a residential building. means (A) caulking and weatherstripping of doors and windows; (B) furnace efficiency modifications including (i) replacement burners, furnaces, or boilers or any combination thereof which, as determined by the Secretary, substantially increases the energy efficiency of the heating system. (ii) devices for modifying flue openings which will increase the energy efficiency of the heating system, and (iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights; (C) clock thermostats; (D) ceiling, attic, wall, and floor insulation; (E) water heater insulation; (F) storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed window and door materials; (G) devices associated with load management techniques; (H) devices to utilize solar energy or windpower for any residential energy conservation purpose, including heating of water, space heating or cooling; and (I) such other measures as the Secretary by rule identifies for purposes of this part. (12) The term "residential energy conservation plan" means a plan approved by the Secretary pursuant to section 212. (13) The term "State" means a State, the District of Columbia, and Puerto Rico. (14) The term "State regulatory authority" means any State agency which has ratemaking authority with respect to the sale of electric energy or natural gas by any public utility (other than by such State agency); except that in the case of a public utility with respect to which the Tennessee Valley Authority has ratemaking authority, such term means the Tennessee Valley Authority. (15) The term "State agency" means a State, a political subdivision thereof, or any agency or instrumentality of either. (16) The term "suggested measures" means, with respect to a particular residential building, the residential energy conservation measurses which the Secretary, in the rules prescribed pursuant to section 212, determines to be appropriate for the location and the category of residential buildings which includes such building. In determining which of the residential energy conservation measures shall be suggested measures for a location and category of residential building, the Secretary shall consider the cost of the inspection offered under section 215(b)(1)(A) and its effect on the willingness of residential customers to participate in the utility program. (17) The term "utility program" means a program meeting the requirements of section 215. (18) The term "Governor" means the Governor or chief executive officer of a State or his designee. (19) The term "home heating supplier program" means a program meeting the requirements of section 217. (20) The term "home heating supplier" means a person who sells or supplies home heating fuel (including No. 2 heating oil, 36-210 0-84-48 kerosene, butane, and propane) to a residential customer for consumption in a residential building. SEC. 211. COVERAGE. (a) IN GENERAL.-This part shall apply in any calendar year to a public utility only if during the second preceding calendar year either (1) sales of natural gas by such public utility for purposes other than resale exceeded 10 million cubic feet, or (2) sales of electric energy by such public utility for purposes other than resale exceeded 750 million kilowatt-hours. (b) LIST OF COVERED UTILITIES.-Before the beginning of each calendar year, the Secretary shall publish a list identifying each public utility to which this part applies during such calendar year. Promptly after publication of such list, each State regulatory authority shall notify the Secretary of each public utility on the list for which such State regulatory authority has ratemaking authority. SEC. 212. RULES OF SECRETARY FOR SUBMISSION AND APPROVAL OF PLANS. (a) PROMULGATION OF RULES BY SECRETARY.-The Secretary shall, not later than 45 days after enactment of this Act, publish an advanced notice of proposed rulemaking with respect to rules on the content and implementation of residential energy conservation plans which meet the requirements of sections 213 and 214. Not later than 60 days after the date of publication of the advanced notice of proposed rulemaking, and after consultation with the Secretary of Housing and Urban Development, the Secretary of Commerce (acting through the National Bureau of Standards), the Federal Trade Commission, the Consumer Product Safety Commission, and the heads of such other agencies as he deems appropriate, the Secretary shall publish a proposed rule on content and implementation of such plans. After publication of such proposed rule, the Secretary shall afford interested persons (including Federal and State agencies) an opportunity to present oral and written comments on matters relating to such proposed rule. A rule prescribing the content and implementation of residential energy conservation plans shall be published not earlier than 45 days after publication of the proposed rule. (b) CONTENT OF SECRETARY'S RULES.-The rules promulgated under subsection (a)— (1) shall identify the suggested measures for residential buildings, by climatic region and by categories determined by the Secretary on the basis of type of construction and any other factors which the Secretary may deem appropriate; (2) shall include (A) standards which the Secretary determines necessary for general safety and effectiveness of any residential energy conservation measure; (B) standards which the Secretary determines necessary for installation of any residential energy conservation measure; |