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S. 1030Became Law

An act to establish an emergency program for the conservation of energy and to provide for a standby rationing plan for motor fuel.

(Conference report filed in Senate, S. Rept. 96-366)

Emergency Energy Conservation Act of 1979 - =Title I: Standby Motor Fuel Rationing= - States the findings of Congress concerning a standby gasoline rationing plan for motor fuels that: (1) such a plan should provide, to the maximum extent practicable, that the burden of reduced supplies of motor fuels be shared by all persons in a fair and equitable manner and that the economic and social impacts be minimized; and (2) such a plan be sufficiently flexible to respond to changed conditions and sufficiently simple to be effectively enforced and administered.

Directs the President to prepare, and transmit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report describing the measures taken to establish a system of rationing of gasoline and diesel fuel, a timetable for completion of such measures, and an estimate of the costs. Specifies the issues to be addressed in such report.

Amends the Energy Policy and Conservation Act to direct the President to prescribe a rationing contingency plan as soon as possible after the enactment of this Act and to consult with the Governors of the various States during the development of such a plan. Authorizes the President to implement such a plan 30 days after its transmission to Congress upon the finding that a severe energy supply interruption exists and if Congress has not disapproved the plan by joint resolution. Permits the President to implement such plan without such findings if Congress approves such action by resolution. Defines "severe supply interruption" as a national energy supply shortage which the President determines: (1) has resulted or is likely to result in a daily shortfall of gasoline, diesel fuel and No. 2 heating oil supplies for a period in excess of 30 days of an amount equal to 20 percent or more of the projected daily demand for such supplies; (2) is not manageable under other energy emergency authorities; (3) is expected to persist for a period of time sufficient to seriously threaten the adequacy of domestic stocks of such refined petroleum products; and (4) is having or can reasonable be expected to have a major adverse impact on national safety or the national economy. Specifies that the projected daily demand for such supplies shall be the amount of such supplies that were available during any consecutive period of 12 months which occurred during the 36 calendar month period which precedes the month in which such finding is made, adjusted by: (1) the normal growth in demand for such supplies for the period between the base period and the month in which the determination of shortfall is made; and (2) seasonal variations in demand for such fuels.

Specifies additional procedures for amending such contingency plans, approval or disapproval of such plans by joint resolution, and motions to discharge Congressional committees from consideration of such resolutions.

Eliminates the requirement in existing law that an economic analysis and evaluation be transmitted to the Congress with the rationing contingency plan. Stipulates that any authority of the President with respect to a rationing contingency plan which is delegated to the Secretary of Energy shall not be reviewed by the Federal Energy Regulatory Commission.

Requires that any rationing contingency plan prescribed pursuant to this Act shall provide that: (1) shortfalls of energy supplies shall be shared equally by the various States; (2) supplies shall be made available, to the maximum extent practicable, to classes of end-users on a basis which takes into account the needs of such end-users; and (3) adequate end-user rights are available to carry out the requirements of a rationing plan established under the Energy Policy and Conservation Act.

Provides that rationing coupons shall be considered to be obligations on other securities of the United States for purposes of the Federal Criminal Code.

=Title II: Emergency Energy Conservation= - Defines "motor fuel" as gasoline and diesel oil.

Authorizes the President to establish monthly emergency motor fuel conservation targets for the Nation generally and for each State. Authorizes the President to establish such monthly targets for any energy source upon finding that a severe energy supply interruption exists, or is imminent, or that actions to restrain domestic energy demand are required. Stipulates that each State conservation target shall be equal to the State base period consumption reduced by a uniform national percentage. Sets forth the factors to be considered in establishing such target. Authorizes the President to adjust any State base period consumption as he determines necessary. Permits the President to further adjust such consumption to reflect: (1) a reduction in energy consumption already achieved; (2) energy shortages which may affect consumption; and (3) variations in weather from seasonal norms. Stipulates that the uniform national percentage shall be designed to minimize the impact on the domestic economy of the projected shortage by saving an amount of an energy source equivalent to the projected shortage.

Requires the President to notify each State Governor of the established target for such State. Directs the President to establish a separate emergency conservation target applicable to Federal installations, activities, and energy use by Federal employees and officials. Authorizes the President to adjust such targets where considered appropriate.

Requires the President, before the end of the twelfth month following the establishment of a conservation target for a specific energy source, and annually thereafter, to determine whether a severe energy supply interruption continues to exist. Terminates such conservation targets if the President determines that such energy supply interruption has ceased to exist.

Directs the Secretary to determine and publish monthly in the Federal Register national and State fuel consumption levels and success with meeting the targets.

Prohibits Presidential authority under the Emergency Energy Conservation Program from being delegated.

Directs the Governor of each State to submit to the Secretary a State emergency fuel conservation plan designed to meet or exceed targets established for such State. Authorizes the Secretary to extend for good cause the 45 day period for submission of such plans. Provides that State plans may permit persons to use alternative means of conserving. Stipulates that such plans shall provide an effective procedure for the approval and enforcement of such alternative means by such State. Sets forth criteria for State emergency fuel conservation plans to reduce public and private use of fuel, and criteria for the Secretary's approval of such plans.

Delegates administrative and enforcement authority for approved State plans to the Governor of a State and other State and local officers and employees designated by the Governor.

Imposes a fine up to $1,000 for violation of State plan provisions. Directs the Secretary to establish a standby Federal emergency conservation plan.

Directs the President to implement all or any portion of any standby Federal conservation plan in any State: (1) which is not meeting, and is not likely to meet, its conservation target; (2) if a shortage exists or is likely to exist in such State that is at least eight percent of the projected normal demand; and (3) which has no approved emergency conservation plan.

Permits the Governor of a State in which a Federal plan is or will be in effect to submit a State emergency conservation plan or one or more State measures to be substituted for such Federal plan or Federal measures. Provides that if such State plan or State measures are approved, the Federal plan or Federal measures in question would cease to be effective. Authorizes the State to administer and enforce such a plan, at the request of the Governor.

Directs that the standby Federal emergency conservation plan be designed to achieve the energy conservation target, but not to impose an unreasonably disproportionate share of the burdens on any specific group. Prohibits the restriction of weekend fuel sales except in connection with a rotating restriction program. Provides for civil penalties for violations of such plans.

Allows States to institute actions for judicial review of: (1) any target established by the President; (2) any determination by the President that an approved State plan is not achieving its assigned target; or (3) any disapproval by the Secretary of a State emergency conservation plan. Provides for review of any decision by a court of appeals by the Supreme Court upon attainment of a writ of certiorari.

Directs the President to report annually to the Congress on State and Federal conservation activities.

Imposes a $5 ($7 for eight-cylinder cars) minimum purchase requirement upon all fuel consumers. Stipulates that such purchase requirement shall apply in every State where: (1) the Governor of such State submits a request to the Secretary to have such requirements applicable therein; (2) the Governor of such State lacks the authority to invoke comparable requirements, but the State could administer and enforce the Federal requirements under a delegation of authority pursuant to Federal law; (3) such requirements would not be contrary to State law; or (4) the President has found that nationwide implementation of such purchase requirements would be appropriate.

Exempts from such minimum purchase requirements motorcycles, motorpowered bicycles, or comparable vehicles, as determined by the Secretary's regulations.

Authorizes the Secretary to adjust the minimum purchase level in certain circumstances.

Imposes a fine of up to $100 for a violation of such requirements.

Delegates administrative and enforcement authority for automobile fuel purchase measures to the Governor of a State and other State and local officers and employees designated by the Governor.

Stipulates that compliance with such requirements shall not be considered a violation of the Emergency Allocation Act of 1973 or any Federal or State law requiring labeling or disclosure of the maximum price per gallon of fuel.

Prohibits any State odd-even fuel purchase plan from denying the sale of motor fuel to any motorist bearing a license plate issued by a State other than the State of purchase or a bordering State.

Provides for an exemption from temperature restrictions for buildings which achieve an equivalent reduction in energy consumption by other means.

Directs the Secretary to conduct a study and report to the Congress on the commercial and industrial storage of gasoline and middle distillates in specified storage facilities. Sets forth the components of such report.

Directs the Secretary to establish and maintain a data collection program for monitoring, at the refining, wholesale, and retail levels, the supply and demand levels of middle distillates on a periodic basis in each State. Stipulates that such program does not authorize the direct or indirect regulation of price of any middle distillate. Directs the President, before December 31, 1979, to report to the Congress on the middle distillate situation.

Directs the Secretary to use the authority provided under the Energy Supply and Environmental Coordination Act of 1974 to secure any information necessary to carry out the emergency energy conservation program and the minimum automobile fuel purchase measures set forth in this title.

Terminates this Act and any actions taken thereunder on July 1, 1983, with specified exceptions.

=Title III: General Provisions= - Provides that, for purposes of funding the provisions of this Act for fiscal years 1979 and 1980, this Act shall be treated as a contingency plan under the Energy Policy and Conservation Act.

Public Law 96-102.

Sen. Johnston, J. Bennett [D-LA](D-LA)Sponsor
2 cosponsors1 D1 R
2cosponsors2committees36actions2related bills46subjects
  • Public LawNov 6, 1979
  1. PresidentE40000

    Public Law 96-102.

  2. BecameLaw36000

    Public Law 96-102.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Measure presented to President.

  6. President28000

    Measure presented to President.

  7. President

    Measure enrolled in Senate.

  8. PresidentE05000

    Measure enrolled in House.

  9. ResolvingDifferencesH42510

    House agreed to conference report, roll call #589 (301-112).

  10. ResolvingDifferences21000

    Conference report agreed to in House: House agreed to conference report, roll call #589 (301-112).

  11. ResolvingDifferences

    Senate agreed to conference report, roll call #364 (77-18).

  12. ResolvingDifferences23000

    Conference report agreed to in Senate: Senate agreed to conference report, roll call #364 (77-18).

  13. ResolvingDifferences

    Conference report filed in Senate, S. Rept. 96-366.

  14. ResolvingDifferences20900

    Conference report filed: Conference report filed in Senate, S. Rept. 96-366.

  15. ResolvingDifferencesH25200

    Conference report filed in House, H. Rept. 96-516.

  16. ResolvingDifferences20900

    Conference report filed: Conference report filed in House, H. Rept. 96-516.

  17. ResolvingDifferences

    Conference scheduled in Senate.

  18. ResolvingDifferencesH40000

    Conference scheduled in House.

  19. FloorH37100

    Measure passed House, amended, roll call #424 (263-159).

  20. Floor8000

    Passed/agreed to in House: Measure passed House, amended, roll call #424 (263-159).

  21. FloorH30000

    Motion to recommit to Committee on Interstate and Foreign Commerce with instructions rejected in House, roll call #423 (177-246).

  22. FloorH30000

    Measure considered in House.

  23. FloorH30000

    Measure considered in House.

  24. FloorH30000

    Measure considered in House.

  25. FloorH30000

    Measure called up by special rule in House.

  26. CommitteeH12200

    Reported to House from the Committee on Interstate and Foreign Commerce with amendment, H. Rept. 96-373.

    Energy and Commerce Committee
  27. Committee5000

    Reported to House from the Committee on Interstate and Foreign Commerce with amendment, H. Rept. 96-373.

    Energy and Commerce Committee
  28. IntroReferralH11100

    Referred to House Committee on Interstate and Foreign Commerce.

    Energy and Commerce Committee
  29. Floor

    Measure passed Senate, amended, roll call #120 (77-13).

  30. Floor17000

    Passed/agreed to in Senate: Measure passed Senate, amended, roll call #120 (77-13).

  31. Floor

    Measure considered in Senate.

  32. Floor

    Measure called up by unanimous consent in Senate.

  33. Committee

    Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 96-117.

    Energy and Natural Resources Committee
  34. Committee14000

    Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 96-117.

    Energy and Natural Resources Committee
  35. IntroReferral

    Referred to Senate Committee on Energy and Natural Resources.

    Energy and Natural Resources Committee
  36. IntroReferral10000

    Introduced in Senate

Oct 12, 197947
(Conference report filed in Senate, S. Rept. 96-366)

Emergency Energy Conservation Act of 1979 - =Title I: Standby Motor Fuel Rationing= - States the findings of Congress concerning a standby gasoline rationing plan for motor fuels that: (1) such a plan should provide, to the maximum extent practicable, that the burden of reduced supplies of motor fuels be shared by all persons in a fair and equitable manner and that the economic and social impacts be minimized; and (2) such a plan be sufficiently flexible to respond to changed conditions and sufficiently simple to be effectively enforced and administered.

Directs the President to prepare, and transmit to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, a report describing the measures taken to establish a system of rationing of gasoline and diesel fuel, a timetable for completion of such measures, and an estimate of the costs. Specifies the issues to be addressed in such report.

Amends the Energy Policy and Conservation Act to direct the President to prescribe a rationing contingency plan as soon as possible after the enactment of this Act and to consult with the Governors of the various States during the development of such a plan. Authorizes the President to implement such a plan 30 days after its transmission to Congress upon the finding that a severe energy supply interruption exists and if Congress has not disapproved the plan by joint resolution. Permits the President to implement such plan without such findings if Congress approves such action by resolution. Defines "severe supply interruption" as a national energy supply shortage which the President determines: (1) has resulted or is likely to result in a daily shortfall of gasoline, diesel fuel and No. 2 heating oil supplies for a period in excess of 30 days of an amount equal to 20 percent or more of the projected daily demand for such supplies; (2) is not manageable under other energy emergency authorities; (3) is expected to persist for a period of time sufficient to seriously threaten the adequacy of domestic stocks of such refined petroleum products; and (4) is having or can reasonable be expected to have a major adverse impact on national safety or the national economy. Specifies that the projected daily demand for such supplies shall be the amount of such supplies that were available during any consecutive period of 12 months which occurred during the 36 calendar month period which precedes the month in which such finding is made, adjusted by: (1) the normal growth in demand for such supplies for the period between the base period and the month in which the determination of shortfall is made; and (2) seasonal variations in demand for such fuels.

Specifies additional procedures for amending such contingency plans, approval or disapproval of such plans by joint resolution, and motions to discharge Congressional committees from consideration of such resolutions.

Eliminates the requirement in existing law that an economic analysis and evaluation be transmitted to the Congress with the rationing contingency plan. Stipulates that any authority of the President with respect to a rationing contingency plan which is delegated to the Secretary of Energy shall not be reviewed by the Federal Energy Regulatory Commission.

Requires that any rationing contingency plan prescribed pursuant to this Act shall provide that: (1) shortfalls of energy supplies shall be shared equally by the various States; (2) supplies shall be made available, to the maximum extent practicable, to classes of end-users on a basis which takes into account the needs of such end-users; and (3) adequate end-user rights are available to carry out the requirements of a rationing plan established under the Energy Policy and Conservation Act.

Provides that rationing coupons shall be considered to be obligations on other securities of the United States for purposes of the Federal Criminal Code.

=Title II: Emergency Energy Conservation= - Defines "motor fuel" as gasoline and diesel oil.

Authorizes the President to establish monthly emergency motor fuel conservation targets for the Nation generally and for each State. Authorizes the President to establish such monthly targets for any energy source upon finding that a severe energy supply interruption exists, or is imminent, or that actions to restrain domestic energy demand are required. Stipulates that each State conservation target shall be equal to the State base period consumption reduced by a uniform national percentage. Sets forth the factors to be considered in establishing such target. Authorizes the President to adjust any State base period consumption as he determines necessary. Permits the President to further adjust such consumption to reflect: (1) a reduction in energy consumption already achieved; (2) energy shortages which may affect consumption; and (3) variations in weather from seasonal norms. Stipulates that the uniform national percentage shall be designed to minimize the impact on the domestic economy of the projected shortage by saving an amount of an energy source equivalent to the projected shortage.

Requires the President to notify each State Governor of the established target for such State. Directs the President to establish a separate emergency conservation target applicable to Federal installations, activities, and energy use by Federal employees and officials. Authorizes the President to adjust such targets where considered appropriate.

Requires the President, before the end of the twelfth month following the establishment of a conservation target for a specific energy source, and annually thereafter, to determine whether a severe energy supply interruption continues to exist. Terminates such conservation targets if the President determines that such energy supply interruption has ceased to exist.

Directs the Secretary to determine and publish monthly in the Federal Register national and State fuel consumption levels and success with meeting the targets.

Prohibits Presidential authority under the Emergency Energy Conservation Program from being delegated.

Directs the Governor of each State to submit to the Secretary a State emergency fuel conservation plan designed to meet or exceed targets established for such State. Authorizes the Secretary to extend for good cause the 45 day period for submission of such plans. Provides that State plans may permit persons to use alternative means of conserving. Stipulates that such plans shall provide an effective procedure for the approval and enforcement of such alternative means by such State. Sets forth criteria for State emergency fuel conservation plans to reduce public and private use of fuel, and criteria for the Secretary's approval of such plans.

Delegates administrative and enforcement authority for approved State plans to the Governor of a State and other State and local officers and employees designated by the Governor.

Imposes a fine up to $1,000 for violation of State plan provisions. Directs the Secretary to establish a standby Federal emergency conservation plan.

Directs the President to implement all or any portion of any standby Federal conservation plan in any State: (1) which is not meeting, and is not likely to meet, its conservation target; (2) if a shortage exists or is likely to exist in such State that is at least eight percent of the projected normal demand; and (3) which has no approved emergency conservation plan.

Permits the Governor of a State in which a Federal plan is or will be in effect to submit a State emergency conservation plan or one or more State measures to be substituted for such Federal plan or Federal measures. Provides that if such State plan or State measures are approved, the Federal plan or Federal measures in question would cease to be effective. Authorizes the State to administer and enforce such a plan, at the request of the Governor.

Directs that the standby Federal emergency conservation plan be designed to achieve the energy conservation target, but not to impose an unreasonably disproportionate share of the burdens on any specific group. Prohibits the restriction of weekend fuel sales except in connection with a rotating restriction program. Provides for civil penalties for violations of such plans.

Allows States to institute actions for judicial review of: (1) any target established by the President; (2) any determination by the President that an approved State plan is not achieving its assigned target; or (3) any disapproval by the Secretary of a State emergency conservation plan. Provides for review of any decision by a court of appeals by the Supreme Court upon attainment of a writ of certiorari.

Directs the President to report annually to the Congress on State and Federal conservation activities.

Imposes a $5 ($7 for eight-cylinder cars) minimum purchase requirement upon all fuel consumers. Stipulates that such purchase requirement shall apply in every State where: (1) the Governor of such State submits a request to the Secretary to have such requirements applicable therein; (2) the Governor of such State lacks the authority to invoke comparable requirements, but the State could administer and enforce the Federal requirements under a delegation of authority pursuant to Federal law; (3) such requirements would not be contrary to State law; or (4) the President has found that nationwide implementation of such purchase requirements would be appropriate.

Exempts from such minimum purchase requirements motorcycles, motorpowered bicycles, or comparable vehicles, as determined by the Secretary's regulations.

Authorizes the Secretary to adjust the minimum purchase level in certain circumstances.

Imposes a fine of up to $100 for a violation of such requirements.

Delegates administrative and enforcement authority for automobile fuel purchase measures to the Governor of a State and other State and local officers and employees designated by the Governor.

Stipulates that compliance with such requirements shall not be considered a violation of the Emergency Allocation Act of 1973 or any Federal or State law requiring labeling or disclosure of the maximum price per gallon of fuel.

Prohibits any State odd-even fuel purchase plan from denying the sale of motor fuel to any motorist bearing a license plate issued by a State other than the State of purchase or a bordering State.

Provides for an exemption from temperature restrictions for buildings which achieve an equivalent reduction in energy consumption by other means.

Directs the Secretary to conduct a study and report to the Congress on the commercial and industrial storage of gasoline and middle distillates in specified storage facilities. Sets forth the components of such report.

Directs the Secretary to establish and maintain a data collection program for monitoring, at the refining, wholesale, and retail levels, the supply and demand levels of middle distillates on a periodic basis in each State. Stipulates that such program does not authorize the direct or indirect regulation of price of any middle distillate. Directs the President, before December 31, 1979, to report to the Congress on the middle distillate situation.

Directs the Secretary to use the authority provided under the Energy Supply and Environmental Coordination Act of 1974 to secure any information necessary to carry out the emergency energy conservation program and the minimum automobile fuel purchase measures set forth in this title.

Terminates this Act and any actions taken thereunder on July 1, 1983, with specified exceptions.

=Title III: General Provisions= - Provides that, for purposes of funding the provisions of this Act for fiscal years 1979 and 1980, this Act shall be treated as a contingency plan under the Energy Policy and Conservation Act.

Aug 1, 197936
(Measure passed House, amended, roll call #424 (263-159))

Emergency Energy Conservation Act of 1979 - States the findings of Congress concerning a standby gasoline rationing plan for motor fuels that: (1) such a plan should provide, to the maximum extent practicable, that the burden of reduced supplies of motor fuels be shared by all groups in a fair and equitable manner and that the economic and social impacts be minimized; and (2) such a plan be sufficiently flexible to respond to changed conditions and sufficiently simple to be effectively enforced and administered.

Amends the Energy Policy and Conservation Act to direct the President to prescribe a rationing contingency plan as soon as possible after the enactment of this Act and to consult with the Governors of the various States during the development of such a plan. Authorizes the President to implement such a plan 30 days after its transmission to Congress upon the finding that a severe energy supply interruption exists. Defines "serve supply interruption" as a national energy supply shortage which the President determines: (1) has resulted or is likely to result in a daily shortfall of petroleum supplies for a period in excess of 30 days of an amount equal to 20 percent or more of such daily supplies which were available during the 12-month period before such determination; (2) is not manageable under other energy emergency authorities; (3) is expected to perist for a period of time sufficient to seriously threaten the adequacy of domestic stocks of refined petroleum products; and (4) is having or can reasonably be expected to have a major adverse impact on national safety or the national economy.

Requires the President to report to the Congress describing the measures taken to establish a system of rationing gasoline and diesel fuel, a timetable for completion of such measures, and an estimate of the costs. Specifies that such report shall include: (1) a description of the extent to which coupons under a rationing system would be distributed to each end-user of gasoline or diesel fuel on the basis of need, and an explanation of the extent to which such distribution may not be based on such end-user's needs; (2) an analysis of the entitlement system based upon individual motor vehicle licensure; (3) a description of the extent to which the rationing system would meet the needs and hardships of end-users; (4) a description of the extent to which the rationing system would meet the needs of handicapped individuals; and (5) a description of how allocation would meet the needs of individuals living in suburban and rural areas. Directs the appropriate committees of Congress to hold hearings on the President's report.

Requires that any rationing contingency plan prescribed pursuant to this Act shall provide that: (1) shortfalls of energy supplies shall be shared equally by the various States; (2) supplies shall be made available, to the maximum extent practicable, to end-users on a basis which takes into account the needs of such end-users; and (3) adequate end-user rights are available to carry out the requirements of a rationing plan established under the Energy Policy and Conservation Act.

Provides for an exemption from temperature restrictions for buildings which achieve an equivalent reduction in energy consumption by other means.

Amends the National Energy Conservation Policy Act to establish an emergency gasoline, diesel oil, and other energy sources conservation program. Defines "motor fuel" as gasoline, diesel oil, and other fuel so designated by the Secretary of Energy.

Imposes a $5 ($7 for eight-cylinder cars) minimum purchase requirement upon all fuel consumers. Stipulates that such purchase requirement shall apply in every State where: (1) the Governor of such State submits a request to the Secretary to have such requirements applicable therein; and (2) the Governor of such State lacks the authority to invoke comparable requirements, but the State could administer and enforce the Federal requirements under a delegation of authority pursuant to Federal law; or (3) the President has found that nationwide implementation of such purchase requirements would be appropriate.

Exempts from such minimum purchase requirements motorcycles, motorpowered bicycles, or comparable vehicles, as determined by the Secretary's regulations.

Authorizes the Secretary to adjust the minimum purchase level in certain circumstances.

Imposes a fine of up to $100 for a violation of such requirements.

Stipulates that compliance with such requirements shall not be considered a violation of the Emergency Allocation Act of 1973 or any Federal or State law requiring labeling or disclosure of the maximum price per gallon of fuel.

Directs the President to establish monthly emergency motor fuel conservation targets for the Nation generally and for each State. Authorizes the President to establish such monthly targets for any energy source upon finding that severe energy supply interruption exists, or is imminent, or that actions to restrain domestic energy demand are required. Stipulates that each State conservation target shall be equal to the State seasonally adjusted base period consumption reduced by a uniform national percentage conservation goal. Sets forth the factors to be considered in establishing such target. Requires the President to notify each State Governor of the established target for such State. Directs the President to establish a separate emergency conservation target applicable to Federal installations or activities. Authorizes the President to adjust such targets where considered appropriate.

Requires the President, before the end of the twelfth month following the establishment of a conservation target for a specific energy source, and annually thereafter, to determine whether a severe energy supply interruption continues to exist. Terminates such conservation targets if the President determines that such energy supply interruption has ceased to exist.

Directs the Secretary to determine and publish monthly in the Federal Register national and State fuel consumption levels and success with meeting the targets.

Prohibits Presidential authority under the Emergency Energy Conservation Program from being delegated.

Directs the Governor of each State to submit to the Secretary a State emergency fuel conservation plan designed to meet or exceed targets established for such State. Authorizes the Secretary to extend for good cause the 45 day period for submission of such plans. Sets forth criteria for State emergency fuel conservation plans to reduce public and private use of fuel, and criteria for the Secretary's approval of such plans.

Delegates administrative and enforcement authority for approved State plans to the Governor of a State and other State and local officers and employees designated by the Governor.

Imposes a fine of up to $100 for violation of State plan provisions.

Directs the Governor of each State to submit to the Secretary reports and information on that State's plan, as necessary, with regard to energy sources for which a target is in effect. Authorizes the Secretary to prohibit the obligation or expenditure of funds or other assistance under the program of Federal assistance to States for development, implementation, or modification of State energy conservation plans under the Energy Policy and Conservation Act for failure to submit a plan.

Directs the President to implement all or any portion of any standby Federal conservation plan in any State which is not meeting, and is not likely to meet, its conservation target. Authorizes the State to administer and enforce such a plan, at the request of the Governor.

Directs the Secretary to establish a standby Federal emergency conservation plan designed to achieve the energy conservation target, but not to impose an unreasonably disproportionate share of the burdens on any specific group. Prohibits the restriction of weekend fuel sales except in connection with a rotating restriction program. Provides for civil penalties for violations of such plans.

Prohibits a standby conservation plan from providing for any measure which would affect full food and fiber production, as determined by the Secretary of Agriculture, unless such plan permits any establishment affected by such restriction to achieve an equivalent reduction in energy consumption by other means.

Prohibits a standby conservation plan from regulating building temperatures in any public or private hospital, health care facility, or homes for the elderly unless such plan permits such establishments to achieve an equivalent reduction in energy consumption by other means.

Directs the Secretary to consider the needs of: (1) social service institutions; (2) religious institutions; (3) educational institutions; and (4) health and safety institutions in establishing a standby conservation plan.

Directs the Secretary to conduct a study and report to the Congress on the commercial and industrial storage of gasoline and middle distillates in specified storage facilities. Sets forth the components of such report.

Delegates to the Governor of any State, and other State and local officers and employees designated by the Governor, the authority to administer and enforce this Act. Revokes such delegation upon written request for waiver of authority signed by the Governor or upon the President's determination that such delegation be revoked. Authorizes States to retain fees and penalties collected pursuant to this Act to cover administrative and enforcement costs.

Directs the Secretary to use the authority provided under the Energy Supply and Environmental Coordination Act of 1974 to secure any information necessary to carry out this Act. Directs the Secretary to issue interim and final regulations necessary to carry out this Act.

Requires the Secretary to review actions taken under this Act and to submit to each House of Congress thereon, with any appropriate recommendations.

Terminates this Act and any actions taken thereunder on September 30, 1982, with specified exceptions.

Directs the Secretary to establish and maintain a data collection program for monitoring, at the refining, wholesale, and retail levels, the supply and demand levels of middle distillates on a monthly basis in each State. Prohibits such program from prescribing margin controls or trigger prices for purposes of the reimposition of price requirements under the Emergency Petroleum Allocation Act of 1973.

Directs the President to establish and maintain a national set-aside program to provide middle distillates for agricultural production. Sets forth requirements for such a program. Requires the President to report to the Congress on the middle distillate supply situation not later than 45 days after the enactment of this Act.

Prohibits any State odd-even fuel purchase plan from denying the sale of motor fuel to any motorist bearing a license plate issued by a State other than the State of purchase or a bordering State.

Directs the President to establish and maintain national set-aside programs to provide middle distillates for residential heating purposes and commercial fishing. Sets forth requirements for such programs.

Permits any State to file a petition for a declaratory judgment for review of any conservation target set for such State pursuant to the National Energy Conservation Policy Act and this Act, or for review of a determination that such State has not complied with conservation targets established by or for such State.

Makes technical amendments to the National Energy Conservation Policy Act.

Provides that, for purposes of funding the provisions of this Act for fiscal years 1979 and 1980, this Act shall be treated as a contingency plan under the Energy Policy and Conservation Act.

Jul 23, 197917
(Reported to House from the Committee on Interstate and Foreign Commerce with amendment, H. Rept. 96-373)

Emergency Energy Conservation Act of 1979 - States the findings of Congress concerning a standby gasoline rationing plan for motor fuels that: (1) such a plan should provide, to the maximum extent practicable, that the burden of reduced supplies of motor fuels be shared by all groups in a fair and equitable manner and that the economic and social impacts be minimized; and (2) such a plan be sufficiently flexible to respond to changed conditions and sufficiently simple to be effectively enforced and administered.

Amends the Energy Policy and Conservation Act to direct the President to prescribe a rationing contingency plan as soon as possible after the enactment of this Act. Authorizes the President to implement such plan after: (1) transmitting such plan to Congress; (2) finding, after more than 30 days after such transmittal, that such plan is required by a severe energy supply interruption; and (3) neither House of Congress disapproves the request to put such plan into effect.

Defines "serve energy supply interruption" as a national energy supply shortage which the President determines: (1) has resulted or is likely to result in a daily shortfall of petroleum supplies for a period in excess of 30 days of an amount equal to 20 percent or more of such daily supplies which were available during the 12-month period before such determination; (2) is not manageable under other energy emergency authorities; (3) is expected to perist for a period of time sufficient to seriously threaten the adequacy of domestic stocks of refined petroleum products; and (4) is having or can reasonably be expected to have a major adverse impact on national safety or the national economy.

Requires the President to report to the Congress describing the measures taken to establish a system of rationing gasoline and diesel fuel, a timetable for completion of such measures, and an estimate of the costs. Specifies that such report shall include: (1) a description of the extent to which coupons under a rationing system would be distributed to each end-user of gasoline or diesel fuel on the basis of need, and an explanation of the extent to which such distribution may not be based on such end-user's needs; (2) an analysis of the entitlement system based upon individual motor vehicle licensure; and (3) a description of the extent to which the rationing system would meet the needs and hardships of end-users.

Specifies that any rationing contingency plan prescribed pursuant to this Act shall provide: (1) shortfalls of energy supplies shall be shared equally by the various States; (2) supplies shall be made available, to the maximum extent practicable, to end-users on a basis which takes into account the needs of such end-users; and (3) adequate end-user rights are available to carry out the requirements of a rationing plan established under the Energy Policy and Conservation Act.

Amends the National Energy Conservation Policy Act to establish an emergency gasoline, diesel oil, and other energy sources conservation program. Defines "motor fuel" as gasoline, diesel oil, and other fuel designated by the Secretary of Energy. Imposes a $5 (or $7 for eight-cylinder cars) minimum fuel purchase requirement upon all fuel consumers. Stipulates that such purchase requirement shall apply in every State where: (1) the Governor of such State submits a request to the Secretary to have such requirements applicable therein; and (2) the Governor of such State lacks the authority to invoke comparable requirements, but the State could administer and enforce the Federal requirements under a delegation of authority pursuant to Federal law; or (3) the President has found that nationwide implementation of such purchase requirements would be appropriate.

Exempts from such minimum purchase requirements motorcycles, motorpowered bicycles, or comparable vehicles, as determined by the Secretary's regulations.

Authorizes the Secretary to adjust the minimum purchase level in certain circumstances.

Imposes a fine of up to $100 for violation of such requirements.

Stipulates that compliance with such requirements shall not be considered a violation of the Emergency Petroleum Allocation Act of 1973 or any Federal or State law requiring labeling or disclosure of the maximum price per gallon of fuel.

Directs the President to establish monthly emergency motor fuel conservation targets for the Nation generally and for each State. Authorizes the President to establish such monthly targets for any energy source upon finding that a severe energy supply interruption exists, or is imminent, or that actions to restrain domestic energy demand are required. Stipulates that each State conservation target shall be equal to the State seasonally adjusted base period consumption reduced by a uniform national percentage conservation goal. Sets forth the factors to be considered in establishing such target. Requires the President to notify each State governor of the established target. Directs the President to establish a separate emergency conservation target applicable to Federal installations or activities. Authorizes such targets where considered appropriate.

Requires the President, before the end of the twelfth month following the establishment of a conservation target for a specific energy source, and annually thereafter, to determine whether a severe energy supply interruption continues to exist. Terminates such conservation targets if the President determines that such a energy supply interruption has ceased to exist.

Directs the Secretary to determine and publish monthly in the Federal Register national and State fuel consumption levels and success with meeting the targets.

Directs the Governor of each State to submit to the Secretary a State emergency fuel conservation plan designed to meet or exceed targets established for such State. Authorizes the Secretary to extend for good cause the 45 day period for submission of such plans. Sets forth criteria for State emergency fuel conservation plans to reduce public and private use of fuel, and criteria for the Secretary's approval of such plans.

Delegates administrative and enforcement authority for approved State plans to the Governor of a State and other State and local officers and employees designated by the Governor.

Imposes a fine of up to $100 for violation of State plan provisions.

Directs the Governor of each State to submit to the Secretary reports and information on that State's plan, as necessary, with regard to energy sources for which a target is in effect.

Authorizes the Secretary to prohibit the obligation or expenditure of funds or other assistance under the program of Federal assistance to States for development, implementation, or modification of State energy conservation plans under the Energy Policy and Conservation Act for failure to submit a plan.

Directs the President to implement all or any portion of any standby Federal conservation plan in any State which is not meeting, and is not likely to meet its conservation target. Authorizes the State to administer and enforce such plan, at the Governor's request.

Directs the Secretary to establish a standby Federal emergency conservation plan designed to achieve the energy conservation target, but not to impose an unreasonably disproportionate share of the burdens on any specific group. Permits such plan to include a sticker system. Prohibits restricting weekend fuel sales except in connection with a rotating restriction program. Provides for civil penalties for violations of such plans.

Sets forth the requirements applicable to any sticker system to restrict operation of automobiles on specified days, with exceptions for emergency uses, off-highway agricultural uses, national defense uses, taxicab or similar common carrier uses, rental automobile use, United States Postal Service uses, regulated commercial uses, and other uses determined by the Secretary to require an exemption. Permits such system to provide for a fee to recover administrative costs.

Directs the Secretary to conduct a study and report to the Congress on the commercial and industrial storage of gasoline and middle distillates in specified storage facilities. Sets forth the components of such report.

Delegates to the Governor of any State, and other State and local officers and employees designated by the Governor, the authority to administer and enforce this Act. Revokes such delegation upon written request for waiver of authority signed by the Governor or upon the President's determination that such delegation be revoked.

Authorizes States to retain fees and penalties collected pursuant to this Act to cover administrative and enforcement costs.

Directs the Secretary to use the authority provided under the Energy Supply and Environmental Coordination Act of 1974 to secure any information necessary to carry out this Act. Directs the Secretary to issue interim and final regulations necessary to carry out this Act.

Requires the Secretary to review actions taken under this Act and to submit to each House of Congress a report thereon, with any appropriate recommendations.

Terminates this Act and any actions taken thereunder on September 30, 1982, with specified exceptions.

Makes technical amendments to the National Energy Conservation Policy Act.

Provides that, for the purposes of funding the provisions of this Act for fiscal years 1979 and 1980, this Act shall be treated as a contingency plan under the Energy Policy and Conservation Act.

Jun 5, 197935
(Measure passed Senate, amended, roll call #120 (77-13))

Emergency Energy Conservation Act of 1979 - Directs the President, upon finding that a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demand are required and transmitting same to the Congress, to: (1) announce a national emergency energy conservation target which will minimize the economic impact of energy shortages by saving an amount of energy equivalent to anticipated shortages; (2) notify the Governor of each State of the energy conservation target established for the State which may be adjusted to reflect specific factors relating to differences in energy conservation and use among the States; (3) notify the Governor of each State of the Federal implementation plan which would be imposed should such State be found in noncompliance with this Act; and (4) implement an energy conservation plan in the Federal Government.

States that for purposes of calculating a State's energy use, the following uses may not be considered: (1) wood, solar energy, biomass, motor fuel blends containing no less than 10-percent alcohol, or synthetic fuel; (2) fuels or electricity used directly in the production, exploration, or transportation of fossil fuels or fissionable material fuel; (3) fuels or electricity used for the pumping of water for hydropower storage; (4) fuel used directly in the production of electricity exported from the State for consumption outside the State; and (5) fuels or electricity used for agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, transporting perishable foods to retail market, irrigation pumping, crop drying, or as a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food, which the Secretary of Agriculture determines is necessary for full food and fiber production.

Directs the Governor of each State, upon notification of the State emergency energy conservation target, to submit a State energy conservation plan to the President. Permits the President to tentatively approve State plans submitted prior to such notification. Requires such State plans to include both: (1) State conservation measures promulgated and enforced pursuant to State law; and (2) Federal measures contained in a Federal implementation plan.

States that for purposes of achieving a State energy conservation target, a State implementation plan may include savings in agricultural energy uses which are otherwise exempted by this Act in calculating a State's energy use.

Directs the President to review any energy conservation plan submitted by a Governor, and approve it if the President finds such plan likely to achieve the conservation target in an equitable manner.

Requires the President, within 90 days of the enactment of this Act, to promulgate a proposed Federal implementation plan which may be amended if such amendments are made public. Provides for the implementation of the Federal plan if a State has not submitted a plan or if an approved plan is not achieving the emergency energy conservation target of the State.

Stipulates that no Federal implementation plan may be carried out in a way which would constitute a burden on interstate commerce or impose an unreasonably disproportionate share of the burden of restrictions on energy use on any specific class of business or any individual segment thereof.

Declares that this Act does not authorize the President to restrict weekend gasoline sales.

Provides civil penalties for the violation of or failure to comply with any provisions of this Act.

Directs the President to monitor the energy conservation plans, make recommendations to the Governors, and submit an annual report to the Congress.

Limits the effective period of any plan to 12 months unless the President finds the energy situation warrants an extension.

Removes the severe energy supply interruption limitation on the President's authority to prohibit any person from willfully accumulating crude oil, residual fuel oil, or any refined petroleum product in inventories or otherwise in amounts which are in excess of such person's reasonable needs.

Permits any State to institute an action in district court challenging the President's determination with regard to such State's target and emergency conservation plan. Provides for review of any decision by a court of appeals by the Supreme Court upon attainment of a writ of certiorari.

Terminates the authority granted to the President by this Act on September 30, 1983.

May 4, 197901
(Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 96-117)

Emergency Energy Conservation Act of 1979 - Directs the President, upon finding that a severe energy supply interruption exists, or is imminent, or that actions to restrain domestic energy demand are required, and transmitting same to the Congress, to: (1) announce a national emergency energy conservation target which will minimize the economic impact of energy shortages by saving an amount of energy equivalent to anticipated shortages; (2) notify the Governor of each State of the energy conservation target established for the State which may be adjusted to reflect specified factors relating to differences in energy conservation and use among the States; and (3) notify the Governor of each State of the Federal implementation plan which would be imposed should such State be found in noncompliance with this Act.

States that for purposes of calculating a State's energy use, the following uses may not be considered: (1) wood, solar energy, biomass, or synthetic fuel; (2) fuels or electricity used directly in the production, exploration, or transportation of fossil fuels or fissionable material fuel; (3) fuels or electricity used for the pumping of water for hydropower storage; (4) fuel used directly in the production of electricity exported from the State for consumption outside the State; and (5) fuels or electricity used for agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, irrigation pumping, crop drying, or as a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food, which the Secretary of Agriculture determines is necessary for full food and fiber production.

Directs the Governor of each State, upon notification of the State emergency energy conservation target, to submit a State energy conservation plan to the President. Permits the President to tentatively approve State plans submitted prior to such notification. Requires such State plans to include both: (1) State conservation measures promulgated and enforced pursuant to State law; and (2) Federal measures contained in a Federal implementation plan.

States that for purposes of achieving a State energy conservation target, a State implementation plan may include savings in agricultural energy uses which are otherwise exempted by this Act in calculating a State's energy use.

Directs the President to review any energy conservation plan submitted by a Governor, and approve it if the President finds such plan likely to achieve the conservation target in an equitable manner.

Requires the President, within 90 days of the enactment of this Act, to promulgate a proposed Federal implementation plan which may be amended if such amendments are made public. Provides for the implementation of the Federal plan if a State has not submitted a plan or if an approved plan is not achieving the emergency energy conservation target of the State.

Declares that this Act does not authorize the President to restrict weekend gasoline sales.

Provides civil penalties for the violation of or failure to comply with any provisions of this Act.

Directs the President to monitor the energy conservation plans, make recommendations to the Governors, and submit an annual report to the Congress.

Limits the effective period of any plan to 12 months unless the President finds the energy situation warrants an extension.

Apr 26, 197900

Emergency Energy Conservation Act of 1979 - Directs the President, upon finding that a severe energy supply interruption exists, or is imminent, or that actions to restrain domestic energy demand are required, and transmitting same to Congress, to: (1) announce a national emergency energy conservation target; (2) notify the Governor of each State of the State emergency energy conservation target established for his State; and (3) notify the Governor of each State of the Federal implementation plan which would be imposed should such State be found in noncompliance with this Act.

Directs the Governor of each State, upon notification of the State emergency conservation target, to submit a State implementation plan to the President.

Directs the President to review any implementation plan submitted by a Governor, and approve it if the President finds such plan likely to achieve the conservation target in an equitable manner.

Provides for the implementation of the Federal plan if a State has not submitted a plan or if an approved plan is not achieving the emergency energy conservation target of the State.

Provides civil penalties for the violation of or failure to comply with any provision of this Act.

Directs the President to monitor the implementation plans, make recommendations to the Governor, and submit an annual report to the Congress.

Limits the effective period of any plan to 12 months unless the President finds the energy situation warrants an extension.