National Energy Conservation Policy Act (1978)

Joseph P. Tomain

The National Energy Conservation Policy Act (P.L. 95-619, 92 Stat. 3206), like much energy legislation in the last half of the twentieth century, came as a result of the energy crisis during the mid-1970s stimulated by the OPEC oil embargo in 1973. Previous legislation includes the Energy Policy and Conservation Act signed into law by President Gerald Ford in December 1975, which for the most part addressed fossil fuel energy resources, including coal, oil, and natural gas. The legislative responses to the energy crisis revolved around domestic concerns involving energy reliability and prices as well as international concerns about economic and national security. Energy conservation was one approach, among many, to address both sets of concerns.

Conservation can be understood in two distinct senses. Traditionally conservation means the use of fewer nonrenewable natural resources. The second sense in which conservation is used is to increase energy efficiencies, such as increased fuel efficiency for vehicles or in-home heating. The National Energy Conservation Policy Act is directed toward conservation in both senses.

Title II of the act addresses residential energy conservation. Under the act, the secretary of energy is directed to establish procedures for developing and implementing residential energy conservation plans by state utility regulatory authorities. The secretary is authorized to implement and enforce a federal plan in the event of inadequate state action. Specifically addressing residences, for example, the act allows an increase in the eligible income level for weatherization grants as well as establishes a financing program for the installation of weatherization materials.

Title III of the act addresses energy conservation in schools, hospitals, and buildings owned by local governments. The secretary is authorized to make grants to states to conduct energy audits in such facilities as well as to finance conservation projects. Title IV of the act adjusts civil penalties for violations of fuel economy standards, requires fuel efficiency disclosure of certain vehicles, and requires an Environmental Protection Agency report on the accuracy of fuel economy estimates for new automobiles. Title IV also directs the secretary to establish energy efficiency standards for specific household appliances and certain classes of industrial equipment.

Title V of the act addresses federal energy initiatives and amends the Energy Policy and Conservation Act. The Secretary of Energy is directed to establish a program to demonstrate solar heating and cooling technology in federal buildings as well as to set criteria for evaluating federal agency proposals regarding such demonstration programs. Title V also declares it to be the policy of the United States that the federal government has the responsibility to promote the use of energy conservation, solar heating and cooling, and other renewable energy sources in federal buildings. The secretary is likewise to establish energy performance targets for federal buildings. The act also establishes a photovoltaic energy commercialization program for federal facilities. Photovoltaic technology turns light into energy.

Finally, Title VI of the act expands the industrial energy reporting system to major energy-consuming industries, both those identified by the secretary and industries with at least one trillion BTU's of energy per year.

See also: Department of Energy Organization Act.

BIBLIOGRAPHY

Kelly, Suedeen G. "Alternative Energy Sources." In Energy Law and Policy for the 21st Century, ed. The Energy Law Group. Denver, CO: Rocky Mountain Mineral Law Foundation, 2000.

Mansfield, Marla E. Energy Policy: The Reel World. Durham, NC: Carolina Academic Press, 2001.