Title 42, The Public Health and WelfareRelease 119-110

§8235c Approval of Applications for Plans for Prototype Residential Energy Efficiency Programs

Title 42 › CHAPTER 91 — NATIONAL ENERGY CONSERVATION POLICY › SUBCHAPTER II — RESIDENTIAL ENERGY CONSERVATION › Part C — Residential Energy Efficiency Programs › § 8235c

Last updated Sep 22, 2026|Official source

Summary

The Secretary can approve an application for a prototype home energy efficiency program only if it has certain written approvals and a public review. The application must be signed by the public utility that would make the contract. If the utility is regulated, the State agency that sets its rates must also sign. The Governor or a state agency allowed by state law must sign for the state that is applying or for the state where the local government is located. The plan must be published and a public hearing held after notice. At that hearing the utility, companies that supply or install energy-saving measures, and members of the public (including utility ratepayers) must be able to comment, and the application may be changed because of the hearing. When deciding whether to approve, the Secretary must consider the expected energy savings, whether the value of the saved energy will likely cover the cost of the measures, how the program could affect competition in the utility’s service area, and any other factors the Secretary finds appropriate.

Full Legal Text

Title 42, §8235c

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 8235c

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110