Page:United States Statutes at Large Volume 94 Part 1.djvu/307

 PUBLIC LAW 96-223—APR. 2, 1980 (1) IN GENERAL.—Section 44C(c) (relating to definitions and special rules) is amended by adding at the end thereof the following new paragraph: "(9) LIMITATIONS ON SECRETARIAL AUTHORITY.—

"(A) IN GENERAL.—The Secretary shall not specify any item under paragraph (4)(A)(viii) or any form of renewable energy under paragraph (5)(A)(i) unless the Secretary determines that— "(i) there will be a reduction in oil or natural gas consumption as a result of such specification, and such reduction is sufficient to justify any resulting decrease in Federal revenues, "(ii) such specification will not result in an increased use of any item which is known to be, or reasonably suspected to be, environmentally hazardous or a threat to public health or safety, and "(iii) available Federal subsidies do not make such specification unnecessary or inappropriate (in the light of the most advantageous allocation of economic resources). "(B) FACTORS TAKEN INTO ACCOUNT.—In making any determination under subparagraph (A)(i), the Secretary (after consultation with the Secretary of Energy)— "(i) shall make an estimate of the amount by which the specification will reduce oil and natural gas consumption, and "(ii) shall determine whether such specification compares favorably, on the basis of the reduction in oil and natural gas consumption per dollar of cost to the Federal Government (including revenue loss), with other Federal programs in existence or being proposed, "(C)

FACTORS TAKEN INTO ACCOUNT IN MAKING ESTI-

MATES.—In making any estimate under subparagraph (B)(i), the Secretary shall take into account (among other factors)— "(i) the extent to which the use of any item will be increased as a result of the specification, "(ii) whether sufficient capacity is available to increase production to meet any increase in demand caused by such specification, "(iii) the amount of oil and natural gas used directly or indirectly in the manufacture of such item and other items necessary for its use, and "(iv) the estimated useful life of such item." (2) PERIOD FOR SPECIFYING ITEMS.—Paragraph (6) of section

44C(c) (relating to definitions and special rules) is amended by adding at the end thereof the following new subparagraphs: "(C) ACTION ON REQUESTS.—

"(i) IN GENERAL.—The Secretary shall make a final determination with respect to any request filed under subparagraph (A)(ii) for specifying an item under paragraph (4)(A)(viii) or for specifying a form of renewable energy under paragraph (5)(A)(i) within 1 year after the filing of the request, together with any information required to be filed with such request under subparagraph (A)(ii). "(ii) REPORTS.—Each month the Secretary shall publish a report of any request which has been denied

94 STAT. 257 26 USC 44C.

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