,i #aagth ,,congress #b;d ,session ,h4 ,r4 #hdjb ,,in ,,the ,,house ,,of ,,representatives ,july #ae1 #bjbb,mrs4 ,lesko introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,energy ,policy and ,conservation ,act to prohibit the ,secretary of ,energy from prescribing any new or amended energy conservation standard for a product that is not technologically feasible and economically justified1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,doe ,appliance and ,equipment ,standards ,reform and ,consumer ,protection ,act4 #b4 ,prescribing new or amended energy conservation standards 7a7 ,petition for amended standard ,section #cbe7n7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7n77 is amended-- 7#a7 in paragraph 7#a71 by inserting or revoked after should be amended2 7#b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,the ,secretary shall grant a petition to determine if energy conservation standards for a covered product should be amended or revoked if the ,secretary finds that such petition contains evidence1 assuming no other evidence were considered1 that such standards-- 7,a7 result in additional costs to consumers2 7,b7 do not result in significant conservation of energy or water2 7,c7 are not technologically feasible2 and 7,d7 result in such covered product not being commercially available in the ,united ,states to all consumers4 2 and 7#c7 in paragraph 7#d7-- 7,a7 by striking ,new or amended standards4 and inserting ,new1 amended1 or revoked standards42 7,b7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7,c7 by striking ,not later than #c years and inserting 7,a7 ,not later than #c years2 and 7,d7 by adding at the end the following3 7,b7 ,not later than #ahj days after the date of granting a petition to revoke standards1 the ,secretary shall publish in the ,federal ,register-- 7i7 a final rule revoking the standards2 or 7ii7 a determination that it is not necessary to revoke the standards4 7,c7 ,the grant of a petition by the ,secretary under this subsection creates no presumption with respect to the ,secretary's determination of any of the criteria in a rulemaking under this section4 4 7b7 ,criteria ,paragraphs 7#b7 and 7#c7 of section #cbe7o7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7o77 are amended to read as follows3 7#b7 ,requirements 7,a7 ,design ,any new or amended energy conservation standard prescribed by the ,secretary under this section for any type 7or class7 of covered product shall be designed to achieve the maximum improvement in energy efficiency1 or1 in the case of showerheads1 faucets1 water closets1 or urinals1 water efficiency1 which the ,secretary determines is technologically feasible and economically justified4 7,b7 ,test procedures ,the ,secretary may not prescribe a new or amended energy conservation standard under this section for a type 7or class7 of covered product if a test procedure has not been prescribed pursuant to section #cbc with respect to that type 7or class7 of product4 7,c7 ,significant conservation ,the ,secretary may not prescribe a new or amended energy conservation standard under this section for a type 7or class7 of covered product if the ,secretary determines that the establishment and imposition of such energy conservation standard will not result in significant conservation of-- 7i7 energy2 or 7ii7 in the case of showerheads1 faucets1 water closets1 or urinals1 water4 7,d7 ,technologically feasible and economically justified 7i7 ,in general ,the ,secretary may not prescribe a new or amended energy conservation standard under this section for a type 7or class7 of covered product unless the ,secretary determines that the establishment and imposition of such energy conservation standard is technologically feasible and economically justified4 7ii7 ,effect ,for purposes of section #cbg1 a determination under clause 7i7 with respect to any type 7or class7 of covered products shall have the same effect as would a standard prescribed for such type 7or class74 7#c7 ,factors for determination 7,a7 ,economic analysis ,prior to prescribing any new or amended energy conservation standard under this section for any type 7or class7 of covered product1 the ,secretary shall conduct a quantitative economic impact analysis of imposition of the energy conservation standard that determines the predicted-- 7i7 effects of imposition of the energy conservation standard on costs to consumers of the products subject to such energy conservation standard1 including-- 7,i7 costs to low-income households2 and 7,,ii7 variations in costs to consumers based on differences in regions1 including climatic differences2 7ii7 effects of imposition of the energy conservation standard on employment2 and 7iii7 lifecycle costs for the covered product1 including costs associated with the purchase1 installation1 maintenance1 disposal1 and replacement of the covered product4 7,b7 ,prohibition on additional costs to the consumer ,the ,secretary may not determine that imposition of an energy conservation standard is economically justified unless the ,secretary1 based on an economic analysis under subparagraph 7,a7 determines that-- 7i7 imposition of such energy conservation standard is not likely to result in additional net costs to the consumer1 including any increase in net costs associated with the purchase1 installation1 maintenance1 disposal1 and replacement of the covered product2 and 7ii7 any additional cost to the consumer of purchasing and installing a covered product complying with such energy conservation standard will be less than #c times the value of the energy1 and as applicable1 water1 savings during the first year that the consumer will receive as a result of the standard1 as calculated under the applicable test procedure4 7,c7 ,required energy or water savings ,the ,secretary may not determine that imposition of an energy conservation standard is economically justified unless the ,secretary determines that compliance with such energy conservation standard will result in-- 7i7 a reduction of at least #j4c quads of site energy over #cj years2 or 7ii7 at least a #aj percent reduction in energy or water use of the covered product4 7,d7 ,criteria related to performance ,the ,secretary may not determine that imposition of an energy conservation standard is economically justified unless the ,secretary determines that imposition of such energy conservation standard will not result in any lessening of the utility or the performance of the applicable covered product1 taking into consideration the effects of such energy conservation standard on-- 7i7 the compatibility of the covered product with existing systems2 7ii7 the life span of the covered product2 7iii7 the operating conditions of the covered product2 7iv7 the duty cycle1 charging time1 and run time of the covered product1 as applicable2 7v7 the maintenance requirements of the covered product2 and 7vi7 the replacement and disposal requirements for the covered product4 7,e7 ,criteria related to market competition and price discrimination ,the ,secretary may not determine that imposition of an energy conservation standard is economically justified unless the ,secretary determines that imposition of the energy conservation standard is not likely to result in-- 7i7 any lessening of market competition2 or 7ii7 price discrimination4 7,f7 ,technological innovation ,the ,secretary may not determine that imposition of an energy conservation standard is economically justified unless the ,secretary determines that imposition of such energy conservation standard is not likely to result in the unavailability in the ,united ,states of a type 7or class7 of products based on what type of fuel the product consumes4 7,g7 ,other considerations ,in determining whether imposition of an energy conservation standard is economically justified1 the ,secretary-- 7i7 shall prioritize the interests of consumers2 7ii7 may not consider estimates of the social costs or social benefits associated with incremental greenhouse gas emissions2 and 7iii7 shall consider-- 7,i7 the economic impact of the standard on the manufacturers and on the consumers of the products subject to such standard2 7,,ii7 the savings in operating costs throughout the estimated average life of the covered product in the type 7or class7 compared to any increase in the price of1 or in the initial charges for1 or maintenance expenses of1 the covered products which are likely to result from the imposition of the standard2 7,,iii7 the total projected amount of energy1 or as applicable1 water1 savings likely to result directly from the imposition of the standard2 7,,iv7 the need for national energy and water conservation2 and 7,v7 other factors the ,secretary considers relevant4 7,h7 ,regulatory review 7i7 ,evaluation ,not later than #b years after the issuance of any final rule prescribing a new or amended energy conservation standard under this section for any type 7or class7 of covered product1 the ,secretary shall evaluate the rule to determine whether such energy conservation standard is technologically feasible and economically justified and whether the regulatory impact analysis for such rule remains accurate4 7ii7 ,effect ,notwithstanding any other provision of this part1 if the ,secretary determines1 based on an evaluation under clause 7i71 that an energy conservation standard is not technologically feasible or economically justified-- 7,i7 the ,secretary shall publish such determination and such energy conservation standard shall have no force or effect2 and 7,,ii7 the ,secretary may publish a final rule amending the energy conservation standard for the type 7or class7 of covered product to be technologically feasible and economically justified in accordance with this subsection1 which amendment shall apply to such a product that is manufactured after the date that is #b years after publication of such final rule4 4 #c4 ,conforming amendments 7a7 ,amendment of standards ,section #cbe7m77#a77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7m77#a77;,a77 is amended by striking 1 based on the criteria established under subsection 7n77#b74 7b7 ,regional standards ,section #cbe7o77#f77;,d77i77,,ii7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7o77#f77;,d77i77,,ii77 is amended by striking this paragraph and inserting this subsection4 7c7 ,procedure for prescribing new or amended standards ,section #cbe7p77#b77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7p77#b77;,a77 is amended by striking taking into account those factors which the ,secretary must consider under subsection 7o77#b7 and inserting as determined in accordance with subsection 7o74 7d7 ,energy conservation standards for high-,intensity discharge lamps1 distribution transformers1 and small electric motors ,section #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcag7 is amended by striking subsection 7c74