Page:United States Statutes at Large Volume 93.djvu/795

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-102—NOV. 5, 1979 upon any act committed or liability incurred prior to such cessation of effectiveness. (e) STATE SUBSTITUTE EMERGENCY CONSERVATION MEASURES.—(1)

After the President makes all or any part of the standby Federal conservation plan effective in any State or political subdivision under subsection (b), the Secretary shall provide procedures whereby such State or any political subdivision thereof may submit to the Secretary for approval one or more measures under authority of State or local law to be implemented by such State or political subdivision and to be substituted for any Federal measure in the Federal plan. The measures may include provisions whereby persons affected by such Federal measure are permitted to use alternative means of conserving at least as much energy as would be conserved by such Federal measure. Such measures shall provide effective procedures, as determined by the Secretary, for the approval and enforcement of such alternative means by such State or by any political subdivision thereof. (2) The Secretary may approve the measures under paragraph (1) if he finds— (A) that such measures when in effect will conserve at least as much energy as would be conserved by such Federal measure which would have otherwise been in effect in such State or political subdivision; (B) such measures otherwise meet the requirements of this paragraph; and (C) such measures would be approved under section 212(c)(l) (B),(C),and(D). (3) If the Secretary approves measures under this subsection such Federal measure shall cease to be effective in that State or political subdivision. Nothing in this paragraph shall affect any action or pending proceedings, administrative or civil, not finally determined on the date the Federal measure ceases to be effective in that State or political subdivision, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such cessation of effectiveness. (4) If the Secretary finds after a reasonable period of time that the requirements of this subsection are not being met under the measures in effect under this subsection he may reimpose the Federal measure referred to in paragraph (1). (f) STATE AUTHORITY TO ADMINISTER PLAN.—At the request of the Governor of any State, the President may provide that the administration and enforcement of all or a portion of the standby Federal conservation plan made effective in that State under subsection (b) be in accordance with section 212(d)(1), (2), and (4). (g) PRESIDENTIAL AUTHORITY NOT TO B E DELEGATED.—Notwith-

standing any other provision of law (other than subsection (f)), the authority vested in the President under this section may not be delegated. (h) REQUIREMENTS OF PLAN.—The plan established under subsection (a) shall— (1) taken as a whole, be designed so that the plan, if implemented, would be likely to achieve the emergency conservation target under section 211 for which it would be implemented, (2) taken as a whole, be designed so as not to impose an unreasonably disproportionate share of the burden of restrictions on energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof, and (3) not contain any measure which the Secretary finds— (A) is inconsistent with any otherwise applicable Federal law (including any rule or regulation under such law),

93 STAT. 763