Sponsor: GILMAN, Benjamin Arthur (R-NY)
Description: TO RECOMMIT S. 1030 TO COMMITTEE WITH INSTRUCTIONS TO ADD AN AMENDMENT TO PROVIDE FOR A ONE-HOUSE VETO OF THE GASOLINE RATIONING PLAN WITHIN 30 DAYS OF ITS SUBMISSION. (MOTION FAILED)
Bill summary: (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.
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Bill titles: An act to establish an emergency program for the conservation of energy and to provide for a standby rationing plan for motor fuel.; A bill to authorize the President to create an emergency program to conserve energy, and for other purposes.
Original source documents: Digest of the Congressional Record vol. 108, p. 7047;
Links for more info on the vote: congress.gov