Page:United States Statutes at Large Volume 94 Part 1.djvu/806

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 756 42 USC 8282b.

PUBLIC LAW 96-294—JUNE 30, 1980 "SEC. 723. PLAN REQUIREMENTS FOR NONREGULATED UTILITIES AND BUILDING HEATING SUPPLIERS. "(a) REQUIREMENTS FOR PLANS FOR NONREGULATED UTILITIES.—No

plan proposed by a nonregulated utility shall be approved by the Secretary unless such plan meets the same requirements as provided under section 722 for regulated utilities. In applying the requirements of section 722 in the case of a plan for a nonregulated utility under this section, any reference to a regulated utility shall be treated as a reference to a nonregulated utility and the reference to the State regulatory authority shall be treated as a reference to the Governor. "(b) REQUIREMENTS FOR PLANS FOR BUILDING HEATING SUPPLIERS.—

No plan proposed for building heating suppliers shall be approved by the Secretary unless such plan meets the same requirements as provided under paragraphs (3) and (4) of section 722 and— "(1) meets the requirements of section 732 and contains adequate enforcement procedures with respect to such requirements; "(2) meets such requirements applicable to building heating suppliers as may be contained in the rules promulgated under section 712; and "(3) takes into account the resources of small building heating suppliers. "PART 3—UTILITY PROGRAMS 42 USC 8283.

Ante, p. 752, 42 use 6371 note,

"SEC. 731. UTILITY PROGRAMS.

"(a) GENERAL REQUIREMENTS.—Each utility program shall include procedures designed to provide that each public utility— "(1) offers to each eligible customer, no later than 12 months after the approval of the applicable plan and every 24 months thereafter until 1990, an energy audit of the eligible customer's commercial building or multifamily dwelling; "(2) conditions the availability of an energy audit in the case of a multifamily dwelling upon the agreement by the eligible customer to provide to the tenants of the customer's multifamily dwelling the information developed by such audit concerning energy efficient improvements and commercial energy conservation measures applicable to the individual dwelling units in such dwelling; "(3) maintains a report of each audit performed pursuant to this subsection with respect to a commercial building or multifamily dwelling for not less than 10 years, which report shall be available to any subsequent eligible customer of such commercial building or multifamily dwelling; and "(4) shall not be required to conduct an energy audit of a commercial building or multifamily dwelling which has been audited previously pursuant to this title or title III; except that any public utility may contract with one or more persons, including another utility, to carry out directly some or all of the responsibilities required by this subsection. "(b) REQUIREMENTS CONCERNING ACCOUNTING AND PAYMENT OF

COSTS.—Each State regulatory authority or nonregulated utility shall, within 180 days after promulgation of rules under section 712(a), or such longer period as the Secretary for good cause may allow, provide—