Page:United States Statutes at Large Volume 94 Part 1.djvu/798

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 748

PUBLIC LAW 96-294—JUNE 30, 1980 "(c) PROVISION OF FINANCIAL ASSISTANCE.—The Secretary

may

provide financial assistance to any State or local government to carry out any plan for the establishment of a prototype residential energy efficiency program if the plan is approved under subsection (a). "(d) LIMITATION.—The Secretary may approve under subsection (a) not more than 4 plans for the establishment of prototype residential energy efficiency programs. 42 USC 8235b.

Public hearing ^•ecord.

42 USC 8235c.

"SEC. 263. APPLICATIONS FOR APPROVAL OF PLANS FOR PROTOTYPE RESIDENTIAL ENERGY EFFICIENCY PROGRAMS. " E a c h application for the approval of a plan under section 262(a) for the establishment of a prototype residential energy efficiency program shall be submitted by a State or local government and shall include, a t least— "(1) a description of the plan, including the provisions of the plan specified in section 262(a) and a description of the portion of the service a r e a of the public utility proposing to enter into a contract under section 262(a)(1) which is designated under the contract; "(2) a description of the m a n n e r in which the provisions of the plan specified in section 262(a) a r e to be met; "(3) a description of the contract to be entered into pursuant to section 262(a)(1) and the m a n n e r in which the requirements of the contract contained in section 262(b) a r e to be met; "(4) the record of the public h e a r i n g conducted pursuant to section 264(a)(2); and "(5) any other information determined by the Secretary to be necessary to c a r r y out t h i s part. "SEC. 264. APPROVAL OF APPLICATIONS FOR PLANS FOR PROTOTYPE RESIDENTIAL ENERGY EFFICIENCY PROGRAMS.

"(a) APPROVAL REQUIREMENTS.—The Secretary may approve an application submitted under section 263 for a plan establishing a prototype residential energy efficiency program only if— "(1) the application is approved in writing— "(A) by the public utility which is to enter into the contract under the plan; "(B) by the State regulatory authority having ratemaking authority over such public utility, in the case of a regulated utility; and "(C) by the Governor (or any State agency specifically authorized under State law to approve such plans) of the State whose government is submitting the application (if the application is submitted by a State government) or of the State in which the local government is located (if the application is submitted by a local government); and "(2) the application has been published, a public hearing on the application has been conducted, after notice to the public, at which representatives of the public utility which is to enter into the contract under the plan, persons engaged in the supply or installation of residential energy conservation measures, and members of the public (including ratepayers of such public utility and other interested individuals) had an opportunity to provide comment on the application, and any amendments to the application, which may be made to take into account the proceedings of the hearing, are made.