H.R. 105 — Introduced in House

I 116th CONGRESS 1st Session H. R. 105 IN THE HOUSE OF REPRESENTATIVES January 3, 2019Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal Federal energy conservation standards, and for other purposes. 1. Short title This Act may be cited as the Energy Efficiency Free Market Act of 2019. 2. Repeal of energy conservation standards (a) Definitions Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended— (1) in paragraph (4), by striking , determined in accordance with test procedures under section 323; (2) in paragraph (5), by striking , determined in accordance with test procedures under section 323; (3) by striking paragraph (6); (4) in paragraph (7), by striking , determined in accordance with section 323; (5) by striking paragraphs (19), (20), (22), (26), and (28); (6) in paragraph (29), by striking subparagraphs (C), (D), (E), (G), (H), (I), (J), (K), (L), (M), (N), (O), and (P); (7) in paragraph (30), by striking subparagraphs (G), (O), (U), and (V); (8) in paragraph (31), by striking subparagraph (H); and (9) by striking paragraphs (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (47), (48), (50), (52), (53), (54), (55), (56), (57), (59), (60), (62), (65), and (66). (b) Test procedures Section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) is amended— (1) by striking subsections (a), (b), (d), (e), and (f); and (2) in subsection (c)— (A) in paragraph (1), by striking a test procedure is applicable under subsection (a) and inserting a test procedure was applicable under subsection (a) or (b), as in effect on the day before the date of enactment of the Energy Efficiency Free Market Act of 2019,; and (B) by striking paragraphs (2) and (3). (c) Labeling Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (B), by striking and to which standards are applicable under section 325; (ii) in subparagraph (C)(i), by striking and to which standards are applicable under section 325; (iii) in subparagraph (D)— (I) by striking clause (ii); and (II) in clause (iii)(II)— (aa) in item (aa), by striking ; and and inserting a period; and (bb) by striking item (bb); (iv) by striking subparagraph (E); and (v) by striking subparagraph (F); (B) in paragraph (3)— (i) by striking the comma at the end of subparagraph (A) and inserting ; and; and (ii) by striking subparagraph (B); and (C) by striking paragraph (5); and (2) in subsection (c)— (A) in paragraph (1)(A), by striking (determined in accordance with test procedures prescribed under section 323) each place it appears; (B) by striking paragraph (2)(C); and (C) in paragraph (8)(A), by striking in accordance with test procedures prescribed under section 323 and inserting in accordance with generally accepted industry testing procedures. (d) Energy conservation standards Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is repealed. (e) Requirements of manufacturers Section 326 of the Energy Policy and Conservation Act (42 U.S.C. 6296) is amended— (1) in subsection (b)— (A) by striking paragraph (3)(A); (B) in paragraph (4), by striking in accordance with the test procedures applicable to such product under section 323 and inserting in accordance with generally accepted industry testing procedures; and (C) in paragraph (5), by striking 323, 324, or 325 and inserting 324; and (2) in subsection (d)— (A) by striking and the economic impact of any proposed energy conservation standard; and (B) by striking test procedures, labeling rules, and energy conservation standards and inserting labeling rules. (f) Effect on other law Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended by striking subsections (a) through (f) and inserting the following: (a) Prohibition on energy conservation standards No State or Federal agency may adopt or continue in effect any requirement to comply with a standard for energy conservation or water efficiency with respect to a product. . (g) Prohibited acts Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended— (1) in paragraph (4), by striking the semicolon and inserting ; or; (2) by striking paragraphs (5), (6), and (7); and (3) in paragraph (8)(D), by striking described in section 325(e)(6)(A)(ii)(V). (h) Enforcement Section 333 of the Energy Policy and Conservation Act (42 U.S.C. 6303) is amended— (1) in subsection (a)— (A) by striking or violations of paragraph (5), (6), (7), or (8) and inserting a violation of paragraph (8); and (B) by striking Each violation of paragraph (1), (2), (5), (6), (7), or (8) and inserting Each violation of paragraph (1), (2), or (8); and (2) by striking subsection (c). (i) Injunctive enforcement Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended— (1) in the first sentence, by striking or 325; (2) in the second sentence, by striking (5), (6), (7), or; and (3) by striking the third sentence. (j) Citizen suits Section 335(a) of the Energy Policy and Conservation Act (42 U.S.C. 6305(a)) is amended— (1) in paragraph (1), by striking the semicolon at the end and inserting ; or; (2) in paragraph (2), by striking ; or and inserting a period; (3) by striking paragraph (3); and (4) in the matter following paragraph (3), by striking the second and third sentences. (k) Administrative procedure and judicial review Section 336 of the Energy Policy and Conservation Act (42 U.S.C. 6306) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking 323, 324, 325, 327, or 328 and inserting 324 or 328; and (B) by striking paragraph (2); (2) in subsection (b), by striking section 323, 324, or 325 each place it appears and inserting 324; and (3) by striking subsection (c). (l) Consumer education Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 6307) is amended by striking subsection (b). (m) Certain industrial equipment Part C of title III of the Energy Policy and Conservation Act (42 U.S.C. 6311 et seq.) is repealed.