Page:United States Statutes at Large Volume 101 Part 1.djvu/149

 PUBLIC LAW 100-12—MAR. 17, 1987

101 STAT. 119

State has established by a preponderance of the evidence that such State regulation is needed to meet unusual and compelling State or local energy interests. "(C) For purposes of this subsection, the term 'unusual and compelling State or local energy interests' means interests which— "(i) are substantially different in nature or magnitude than those prevailing in the United States generally; and "(ii) are such that the costs, benefits, burdens, and reliability of energy savings resulting from the State regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to energy savings or production, including reliance on reasonably predictable market-induced improvements in efficiency of all products subject to the State regulation. The factors described in clause (ii) shall be evaluated within the context of the State's energy plan and forecast. "(2) The Secretary shall give notice of any petition filed under paragraph (1)(A) and afford interested persons a reasonable opportunity to make written comments, including rebuttal comments, thereon. The Secretary shall, within the 6-month period beginning on the date on which any such petition is filed, deny such petition or prescribe the requested rule, except that the Secretary may publish a notice in the Federal Register extending such period to a date certain but no longer than one year after the date on which the petition was filed. Such notice shall include the reasons for delay. In the case of any denial of a petition under this subsection, the Secretary shall publish in the Federal Register notice of, and the reasons for, such denial. "(3) The Secretary may not prescribe a rule under this subsection if the Secretary finds (and publishes such finding) that interested persons have established, by a preponderance of the evidence, that such State regulation will significantly burden manufacturing, marketing, distribution, sale, or servicing of the covered product on a national basis. In determining whether to make such finding, the Secretary shall evaluate all relevant factors, including— "(A) the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others; "(B) the extent to which the State regulation will disadvantage smaller manufacturers, distributors, or dealers or lessen competition in the sale of the covered product in the State; "(C) the extent to which the State regulation would cause a burden to manufacturers to redesign and produce the covered product type (or class), taking into consideration the extent to which the regulation would result in a reduction— "(i) in the current models, or in the projected availability of models, that could be shipped on the effective date of the regulation to the State and within the United States; or "(ii) in the current or projected sales volume of the covered product type (or class) in the State and the United States; and "(D) the extent to which the State regulation is likely to contribute significantly to a proliferation of State appliance efficiency requirements and the cumulative impact such requirements would have. "(4) The Secretary may not prescribe a rule under this subsection if the Secretary finds (and publishes such finding) that interested

Federal Register, publication.

Federal Register, publication.

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