---
kind: "section"
citation: "42 U.S.C. § 8512"
title: "42"
title_heading: "The Public Health and Welfare"
number: "8512"
heading: "State emergency conservation plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/8512"
units:
  - "Chapter 93 — Emergency Energy Conservation"
  - "Subchapter I — Emergency Energy Conservation Program"
---

# §8512. State emergency conservation plan

- (a) **State emergency conservation plans—**
  - (1)
    - (A) Not later than 45 days after the date of the publication of an energy conservation target for a [State](/usc/42/8502.md?p=8) under [section 8511(b) of this title](/usc/42/8511.md?p=b), the [Governor](/usc/42/8502.md?p=7) of that [State](/usc/42/8502.md?p=8) shall submit to the [Secretary](/usc/42/8502.md?p=6) a [State](/usc/42/8502.md?p=8) emergency conservation plan designed to meet or exceed the emergency conservation target in effect for that [State](/usc/42/8502.md?p=8) under [section 8511(a) of this title](/usc/42/8511.md?p=a). Such plan shall contain such information as the [Secretary](/usc/42/8502.md?p=6) may reasonably require. At any time, the [Governor](/usc/42/8502.md?p=7) may, with the approval of the [Secretary](/usc/42/8502.md?p=6), amend a plan established under this section.
    - (B) The [Secretary](/usc/42/8502.md?p=6) may, for good cause shown, extend to a specific date the period for the submission of any [State](/usc/42/8502.md?p=8)’s plan under [subparagraph (A)](#a-1-A) if the [Secretary](/usc/42/8502.md?p=6) publishes in the Federal Register notice of that extension together with the reasons therefor.
  - (2) Each [State](/usc/42/8502.md?p=8) is encouraged to submit to the [Secretary](/usc/42/8502.md?p=6) a [State](/usc/42/8502.md?p=8) emergency conservation plan as soon as possible after November 5, 1979, and in advance of such publication of any such target. The [Secretary](/usc/42/8502.md?p=6) may tentatively approve such a plan in accordance with the provisions of this section. For the purposes of this subchapter such tentative approval shall not be construed to result in a delegation of Federal authority to administer or enforce any measure contained in a [State](/usc/42/8502.md?p=8) plan.
- (b) **Conservation measures under State plans—**
  - (1) Each [State](/usc/42/8502.md?p=8) emergency conservation plan under this section shall provide for emergency reduction in the public and private use of each energy source for which an emergency conservation target is in effect under [section 8511 of this title](/usc/42/8511.md). Such [State](/usc/42/8502.md?p=8) plan shall contain adequate assurances that measures contained therein will be effectively implemented in that [State](/usc/42/8502.md?p=8). Such plan may provide for reduced use of that energy source through voluntary programs or through the application of one or more of the following measures described in such plan:
    - (A) measures which are authorized under the laws of that [State](/usc/42/8502.md?p=8) and which will be administered and enforced by officers and employees of the [State](/usc/42/8502.md?p=8) (or political subdivisions of the [State](/usc/42/8502.md?p=8)) pursuant to the laws of such [State](/usc/42/8502.md?p=8) (or political subdivisions); and
    - (B) measures—
      - (i) which the [Governor](/usc/42/8502.md?p=7) requests, and agrees to assume, the responsibility for administration and enforcement in accordance with [subsection (d)](#d);
      - (ii) which the attorney general of that [State](/usc/42/8502.md?p=8) has found that (I) absent a delegation of authority under Federal law, the [Governor](/usc/42/8502.md?p=7) lacks the authority under the laws of the [State](/usc/42/8502.md?p=8) to invoke, (II) under applicable [State](/usc/42/8502.md?p=8) law, the [Governor](/usc/42/8502.md?p=7) and other appropriate [State](/usc/42/8502.md?p=8) officers and employees are not prevented from administering and enforcing under a delegation of authority pursuant to Federal law; and (III) if implemented, would not be contrary to [State](/usc/42/8502.md?p=8) law; and
      - (iii) which either the [Secretary](/usc/42/8502.md?p=6) determines are contained in the standby Federal conservation plan established under [section 8513 of this title](/usc/42/8513.md) or are approved by the [Secretary](/usc/42/8502.md?p=6), in his discretion.
  - (2) In the preparation of such plan (and any amendment to the plan) the [Governor](/usc/42/8502.md?p=7) shall, to the maximum extent practicable, provide for consultation with representatives of affected businesses and local governments and provide an opportunity for public comment.
  - (3) Any [State](/usc/42/8502.md?p=8) plan submitted to the [Secretary](/usc/42/8502.md?p=6) under this section may permit [persons](/usc/42/8502.md?p=4) affected by any measure in such plan to use alternative means of conserving at least as much energy as would be conserved by such measure. Such plan shall provide an effective procedure, as determined by the [Secretary](/usc/42/8502.md?p=6), for the approval and enforcement of such alternative means by such [State](/usc/42/8502.md?p=8) or by any political subdivision of such [State](/usc/42/8502.md?p=8).
- (c) **Approval of State plans—**
  - (1) As soon as practicable after the date of the receipt of any [State](/usc/42/8502.md?p=8) plan, but in no event later than 30 days after such date, the [Secretary](/usc/42/8502.md?p=6) shall review such plan and shall approve it unless the [Secretary](/usc/42/8502.md?p=6) finds—
    - (A) that, taken as a whole, the plan is not likely to achieve the emergency conservation target established for that [State](/usc/42/8502.md?p=8) under [section 8511(a) of this title](/usc/42/8511.md?p=a) for each energy source involved,
    - (B) that, taken as a whole, the plan is likely to impose an unreasonably disproportionate share of the burden of restrictions of energy use on any specific class of industry, business, or commercial enterprise, or any individual segment thereof,
    - (C) that the requirements of this subchapter regarding the plan have not been met, or
    - (D) that a measure described in [subsection (b)(1)](#b-1) is—
      - (i) inconsistent with any otherwise applicable Federal law (including any rule or regulation under such law),
      - (ii) an undue burden on interstate commerce, or
      - (iii) a tax, tariff, or user fee not authorized by [State](/usc/42/8502.md?p=8) law.
  - (2) Any measure contained in a [State](/usc/42/8502.md?p=8) plan shall become effective in that [State](/usc/42/8502.md?p=8) on the date the [Secretary](/usc/42/8502.md?p=6) approves the plan under this subsection or such later date as may be prescribed in, or pursuant to, the plan.
- (d) **State administration and enforcement—**
  - (1) The authority to administer and enforce any measure described in [subsection (b)(1)(B)](#b-1-B) which is in a [State](/usc/42/8502.md?p=8) plan approved under this section is hereby delegated to the [Governor](/usc/42/8502.md?p=7) of the [State](/usc/42/8502.md?p=8) and the other [State](/usc/42/8502.md?p=8) and local officers and employees designated by the [Governor](/usc/42/8502.md?p=7). Such authority includes the authority to institute actions on behalf of the United States for the imposition and collection of civil penalties under [subsection (e)](#e).
  - (2) All delegation of authority under [paragraph (1)](#d-1) with respect to any [State](/usc/42/8502.md?p=8) shall be considered revoked effective upon a determination by the President that such delegation should be revoked, but only to the extent of that determination.
  - (3) If at any time the conditions of [subsection (b)(1)(B)(ii)](#b-1-B-ii) are no longer satisfied in any [State](/usc/42/8502.md?p=8) with respect to any measure for which a delegation has been made under [paragraph (1)](#d-1), the attorney general of that [State](/usc/42/8502.md?p=8) shall transmit a written statement to that effect to the [Governor](/usc/42/8502.md?p=7) of that [State](/usc/42/8502.md?p=8) and to the President. Such delegation shall be considered revoked effective upon receipt by the President of such written statement and a determination by the President that such conditions are no longer satisfied, but only to the extent of that determination and consistent with such attorney general’s statement.
  - (4) Any revocation under paragraph [(2)](#d-2) or [(3)](#d-3) shall not affect any action or pending proceedings, administrative or civil, not finally determined on the date of such revocation, nor any administrative or civil action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such revocation.
- (e) **Civil penalty—**
  - (1) Whoever violates the requirements of any measure described in [subsection (b)(1)(B)](#b-1-B) of this section which is in a [State](/usc/42/8502.md?p=8) plan in effect under this section shall be subject to a civil penalty of not to exceed $1,000 for each [violation](/usc/42/2000e–16a.md?p=c).
  - (2) Any penalty under [paragraph (1)](#e-1) may be assessed by the court in any action brought in any appropriate United States district court or any other court of competent jurisdiction. Except to the extent provided in [paragraph (3)](#e-3), any such penalty collected shall be deposited into the general fund of the United States Treasury as miscellaneous receipts.
  - (3) The [Secretary](/usc/42/8502.md?p=6) may enter into an agreement with the [Governor](/usc/42/8502.md?p=7) of any [State](/usc/42/8502.md?p=8) under which amounts collected pursuant to this subsection may be collected and retained by the [State](/usc/42/8502.md?p=8) to the extent necessary to cover costs incurred by that [State](/usc/42/8502.md?p=8) in connection with the administration and enforcement of measures the authority for which is delegated under [subsection (d)](#d).

## Source credit

(Pub. L. 96–102, title II, § 212, Nov. 5, 1979, 93 Stat. 759.)