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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 8235c Approval of applications for plans for prototype residential energy efficiency programs us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 91 NATIONAL ENERGY CONSERVATION POLICY 8235c 42 U.S.C. § 8235c current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s8235c data/legal/raw/us/code/title-42/usc42.xml 82b2ae8873d82ab6e1a9b41efd09ac6af7b42a0dc533d4e28fdeebbbd8209066 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 11931b534e05e5fa840cede83fe90be05d1bb9823331c6305a6d890fc31c33d0 2026-07-04 official
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42 U.S.C. § 8235c - Approval of applications for plans for prototype residential energy efficiency programs

Text

(a) Approval requirements The Secretary may approve an application submitted under section 8235b of this title 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.

(b) Factors in approving applications The Secretary shall take into consideration in approving an application under subsection (a) for a plan establishing a prototype residential energy efficiency program—

(1) the potential for energy savings from the demonstration of the program;

(2) the likelihood that the value of the energy saved by public utilities under the program will be sufficient to cover the estimated cost of the energy conservation measures to be supplied and installed under the program;

(3) the anticipated effects of the program on competition in the portion of the service area of the public utility designated in the contract entered into under the plan; and

(4) such other factors as the Secretary determines are appropriate.

(Pub. L. 95619, title II, § 264, as added Pub. L. 96294, title V, § 562, June 30, 1980, 94 Stat. 748.)