legislation: 98-hr-5628
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| 98-hr-5628 | 98 | hr | 5628 | Conservation Service Reform Act of 1984 | Energy | 1984-05-09 | 1984-06-28 | For Further Action See H.R.5946. | House | Rep. Ottinger, Richard L. [D-NY-20] | NY | D | O000134 | 0 | Conservation Service Reform Act of 1984 - Title I: Residential Conservation Service - Amends the National Energy Conservation Policy Act to extend until January 1, 1990, the time period within which energy conservation information requirements imposed upon public utilities and home heating suppliers shall apply. (Under current law, such requirements apply through January 1, 1985.) Eliminates requirements that public utilities and home heating suppliers: (1) arrange to have suggested energy conservation measures installed for residential customers; (2) arrange for related loans for such customers; and (3) provide such customers with lists of suppliers and contractors who sell or install energy conservation measures in the area served by the utilities and home heating suppliers and of lending institutions which will offer loans for the installation of such measures. Provides that an application for an exemption for a utility from the requirements under such Act which is pending on the date of the enactment of this Act shall be considered approved unless the Secretary of Energy disapproves it within 30 days after such date. Permits a State or a utility to elect to formulate and certify an alternative residential energy conservation plan in lieu of the residential energy conservation plan required to be approved by the Secretary pursuant to the National Energy Conservation Policy Act. (Permits alternative plans by utilities where an alternative State plan is not in effect or in the case of a nonregulated utility which is not included in a State plan.) Sets forth procedural requirements for the formulation of such an alternative plan. Requires that such an alternative plan: (1) provide general energy conservation suggestions to all residential customers of utilities in the State; (2) provide specific energy conservation information to customers upon their requests; (3) provide benefits to a specified percentage of residential buildings which did not receive benefits under such Act before such plan became effective; (4) reduce energy consumption by an average of ten percent or more in such residential buildings; (5) benefit low- and moderate-income individuals as well as others; (6) contain adequate procedures for installation of energy conservation measures; (7) prevent unfair, deceptive, and anticompetitive practices affecting commerce; (8) be carried out by the State, utilities within the State, or both (except in the case of a plan being certified by a utility rather than the State); (9) contain rules concerning accounting and payment of costs which are consistent with such Act; (10) provide redress for any injuries resulting from violations of plan provisions; and (11) assure that the utility will not inspect a furnace or install or inspect furnace efficiency modifications without the customer's request in the case of a furnace using a primary source of energy other than that sold by the utility. Requires the State or the utility to certify that its alternative plan has been formulated in accordance with this Act and will be adequately implemented. Sets forth reporting requirements with which the State or utility must comply. Sets forth administrative and judicial proceedings which may be commenced to require the adequate implementation of an alternative plan. Requires the Secretary of Energy to report to specified congressional committees on the residential energy conservation plans required under the National Energy Conservation Policy Act and on the alternative plans described above. Requires the Secretary to disseminate information annually to the States and public utilities providing technical assistance and relating to the most cost- effective energy conservation procedures and devices and the most successful residential energy conservation plans. Title II: Commercial Buildings and Multifamily Dwellings - Amends the National Energy Conservation Policy Act to permit a State or utility to elect to formulate and certify an alternative energy conservation plan for commercial buildings and multifamily dwellings in lieu of the plan required to be approved by the Secretary of Energy pursuant to such Act. Provides that the procedural requirements for the formulation of such a plan, the contents of such a plan, the certification requirements for such a plan, and the administrative and judicial enforcement proceedings with respect to such a plan shall be the same as for the alternative residential energy conservation plans which a State or utility may elect to implement under title I of this Act. Revises the definition of "commercial building" for purposes of the National Energy Conservation Policy Act to provide that the average monthly use of energy for the calendar year 1980 for such a building must have been less than 29,300 kilowatt hours of electricity or 1,000 therms of natural gas or the Btu equivalent of any other fuel. (Under current law, the average monthly use of energy for the calendar year 1980 for such a building must have been less than 4,000 kilowatt hours of electricity or 1,000 therms of natural gas or the Btu equivalent of any other fuel.) Requires public utilities to maintain energy audit reports on commercial buildings and multifamily dwellings for at least five years. (Under current law, such reports must be maintained for at least ten years.) Prohibits the supply and installation of commercial energy conservation measures by public utilities. Exempts from such prohibition: (1) devices associated with load management techniques for the type of energy sold by the utility; and (2) commercial energy conservation measures supplied or installed by a public utility through contracts between the utility and independent suppliers or contractors where the customer requests such supply or installation and each such supplier or contractor is not subject to the control of the utility, is not an affiliate or subsidiary of the utility, and is selected by the utility in a manner that does not adversely affect competition in the area, that provides financing, and that minimizes the cost to the customers. Provides a general exemption from such prohibition for commercial energy conservation measures installed or supplied by a public utility on or before the enactment of this Act. Specifies conditions under which the Secretary may waive such prohibition. Requires the Secretary to monitor and report annually to Congress on financing, supply, and installation activities of public utilities in connection with commercial energy conservation measures. Authorizes the Secretary to terminate the financing, supply, or installation activities of a public utility in connection with such measures if such activities are being carried out at unreasonable rates or on unreasonable terms or if such activities have a substantial adverse effect upon competition. Excludes from gross income the value of any subsidy provided by a utility to a customer for the purchase and installation of commercial energy conservation measures and provides that such a subsidy shall not increase such customer's basis. Requires the Secretary to report to specified congressional committees on the energy conservation plans for commercial buildings and multifamily dwellings required under the National Energy Conservation Policy Act and on the alternative energy conservation plans provided for in this title. Requires the Secretary to disseminate information annually to the States and public utilities providing technical assistance and relating to the most cost-effective energy conservation procedures and devices and the most successful energy conservation plans for commercial buildings and multifamily dwellings. | 2025-08-29T17:40:33Z |