,,ib ,union ,calendar ,no4 #dja #aaith ,,congress #b;d ,session ,h4 ,r4 #dfbf ,report ,no4 #aai-dgj ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjbe,mr4 ,allen introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,january #cj1 #bjbf,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,july #bc1 #bjbe ,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 ,don't ,mess ,with ,my ,home ,appliances ,act4 #b4 ,prescribing new or amended energy conservation standards 7a7 ,amendment of standards 7#a7 ,in general ,section #cbe7m77#a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7m77#a77 is amended to read as follows3 7#a7 ,in general ,the ,secretary may1 for any product1 publish a notice of proposed rulemaking including new proposed standards for such product based on the criteria established under subsection 7o7 and the procedures established under subsection 7p74 4 7#b7 ,amendment of standard ,section #cbe7m77#c7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7m77#c77 is amended to read as follows3 7#c7 ,amendment of standard ,not later than #b years after a notice is issued under paragraph 7#a71 the ,secretary shall publish a final rule amending the standard for the product4 4 7#c7 ,application to products ,section #cbe7m77#d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7m77#d77 is amended to read as follows3 7#d7 ,application to products ,an amendment prescribed under this subsection shall apply to a product that is manufactured after the date that is #e years after publication of the final rule establishing an applicable standard4 4 7b7 ,petition for amended standard ,section #cbe7n7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7n77 is amended-- 7#a7 in the subsection heading1 by striking an amended standard and inserting amendment or revocation of standard2 7#b7 in paragraph 7#a71 by inserting or revoked after should be amended2 7#c7 by amending paragraph 7#b7 to read as follows3 7#b7 ,the ,secretary shall grant a petition to determine if 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 7#d7 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 respectively 7and by conforming the margins accordingly72 7,c7 by striking ,not later than #c years and inserting the following3 7,a7 ,not later than #c years 2 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 7,d7 ,standards that have been revoked pursuant to subparagraph 7,b7 shall be considered to be in effect for purposes of section #cbg4 2 and 7#e7 in paragraph 7#e77;,b71 by striking #c years 7for refrigerators1 refrigerator-freezers1 and freezers1 room air conditioners1 dishwashers1 clothes washers1 clothes dryers1 fluorescent lamp ballasts1 general service fluorescent lamps1 incandescent reflector lamps1 and kitchen ranges and ovens7 or #e years 7for central air conditioners and heat pumps1 water heaters1 pool heaters1 direct heating equipment and furnaces7 and inserting #e years2 7c7 ,criteria ,section #cbe7o7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7o77 is amended by amending paragraphs 7#b7 and 7#c7 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 in1 as applicable1 energy efficiency or water efficiency1 which the ,secretary determines is technologically feasible and economically justified4 7,b7 ,test procedures ,if the ,secretary determines that a test procedure should be prescribed or amended in accordance with section #cbc for a type 7or class7 of covered product1 the ,secretary may not prescribe a new or amended energy conservation standard under this section for such type 7or class7 of covered product unless the ,secretary has prescribed or amended 7and published in the ,federal ,register7 a test procedure for such type 7or class7 of covered product at least #ahj days before publishing a notice of proposed rulemaking with respect to the new or amended energy conservation standard4 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 of1 as applicable1 energy or water4 7,d7 ,technologically feasible and economically justified ,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 7,e7 ,disclosure ,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 ,secretary1 not later than the date on which the standard is prescribed1 publicly discloses each meeting held by the ,secretary1 during the #e-year period preceding such date1 with any entity that-- 7i7 has ties to the ,people's ,republic of ,china or the ,chinese ,communist ,party2 7ii7 has produced studies regarding1 or advocated for1 regulations or policy to limit1 restrict1 or ban the use of any type of energy2 and 7iii7 has applied for or received ,federal funds4 7#c7 ,factors for determination 7,a7 ,economic analysis 7i7 ,determination ,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-- 7,i7 effects of imposition of the energy conservation standard on costs and monetary benefits to consumers of the products subject to such energy conservation standard1 including-- 7aa7 costs to low-income households2 and 7bb7 variations in costs to consumers based on differences in regions1 including rural populations1 cost of living comparisons1 and climatic differences2 7,,ii7 effects of imposition of the energy conservation standard on employment2 and 7,,iii7 lifecycle costs for the covered product1 including costs associated with the purchase1 installation1 maintenance1 disposal1 and replacement of the covered product4 7ii7 ,notice and comment ,the ,secretary shall provide public notice in the ,federal ,register and at least #fj days for public comment on the quantitative economic impact analysis conducted under clause 7i74 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,a71 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 the monetary value of the energy savings and1 as applicable1 water savings1 that the consumer will receive as a result of such energy conservation standard during the first #c years after purchasing and installing a covered product complying with such energy conservation standard1 as calculated under the applicable test procedure1 will be greater than any increased costs to the consumer of the covered product due to imposition of such energy conservation standard1 including increased costs associated with the purchase1 installation1 maintenance1 disposal1 and replacement of the covered product4 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 ,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,f7 ,other considerations 7i7 ,in general ,in determining whether imposition of an energy conservation standard is economically justified1 the ,secretary-- 7,i7 shall prioritize the interests of consumers2 7,,ii7 may not consider estimates of the social costs or social benefits associated with incremental greenhouse gas emissions2 and 7,,iii7 shall consider-- 7aa7 the economic impact1 including any regulatory burden1 of the standard on the manufacturers and on the consumers of the products subject to such standard2 7bb7 the savings in operating costs1 including consumer fuel costs1 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 7cc7 the total projected amount of energy1 or1 as applicable1 water1 savings likely to result directly from the imposition of the standard2 7dd7 the need for national energy and water conservation2 7ee7 the impact of any lessening of market competition1 as determined in writing by the ,attorney ,general under clause 7ii71 that is likely to result from the imposition of the standard2 7ff7 whether the imposition of the energy conservation standard is likely to result price discrimination2 and 7gg7 other factors the ,secretary considers relevant4 7ii7 ,attorney general determination ,for purposes of clause 7i77,,iii77ee71 the ,attorney ,general shall make a determination of the impact1 if any1 of any lessening of market competition likely to result from such standard and shall transmit such determination1 not later than #fj days after the publication of a proposed rule prescribing or amending an energy conservation standard1 in writing to the ,secretary1 together with an analysis of the nature and extent of such impact4 ,any such determination and analysis shall be published by the ,secretary in the ,federal ,register4 7,g7 ,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 effect 7except that such energy conservation standard shall be considered to be in effect for purposes of section #cbg72 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 #c years after publication of such final rule4 4 7d7 ,applicability of ,regional standards ,section #cbe7o77#f77;,e77ii7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7o77#f77;,e77ii77 is amended by striking shall apply to any such product installed on or after the effective date of the standard in ,states in which the ,secretary has designated the standard to apply and inserting shall apply1 in ,states in which the ,secretary has designated the standard to apply1 to any such product that is manufactured or imported into the ,united ,states on or after the effective date of the standard4 7e7 ,technical and conforming amendments 7#a7 ,definitions 7,a7 ,consumer product ,section #cba7a77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7a77;,a77 is amended by striking 1 with respect to showerheads1 faucets1 water closets1 and urinals1 water and inserting water1 as applicable4 7,b7 ,energy conservation standard ,section #cba7f77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7f77;,a77 is amended by striking 1 or1 in the case of showerheads1 faucets1 water closets1 and urinals1 water use1 and inserting or water use1 as applicable14 7,c7 ,estimated annual operating cost ,section #cba7g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7g77 is amended by striking in the case of showerheads1 faucets1 water closets1 and urinals and inserting 1 as applicable4 7#b7 ,test procedures 7,a7 ,design of test procedures ,section #cbc7;b77#c7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbic7;b77#c77 is amended by striking energy efficiency1 energy use1 water use 7in the case of showerheads1 faucets1 water closets and urinals7 and inserting 1 as applicable1 energy efficiency1 energy use1 water use4 7,b7 ,calculation of costs ,section #cbc7;b77#d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbic7;b77#d77 is amended by-- 7i7 by striking or1 in the case of showerheads1 faucets1 water closets1 or urinals1 and inserting or1 as applicable12 and 7ii7 by striking or in the case of showerheads1 faucets1 water closets1 or urinals1 and inserting or1 as applicable14 7,c7 ,restriction on certain representations ,section #cbc7;c7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbic7;c7 is amended-- 7i7 in paragraph 7#a71 by striking or1 in the case of showerheads1 faucets1 water closets1 and urinals1 and inserting or1 as applicable12 and 7ii7 in paragraph 7#b71 by striking or1 in the case of showerheads1 faucets1 water closets1 and urinals1 and inserting or1 as applicable14 7#c7 ,criteria for prescribing new or amended standards ,section #cbe7o77#a7 of the ,energy ,policy and ,conservation ,act is amended by striking 1 or1 in the case of showerheads1 faucets1 water closets1 or urinals1 and inserting 1 or1 as applicable14 7#d7 ,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 7#e7 ,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 7#f7 ,information requirements ,section #cbf7;d77#a7 of the ,energy ,policy and ,conservation ,act is amended by striking or1 in the case of showerheads1 faucets1 water closets1 and urinals1 and inserting or1 as applicable14 7#g7 ,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 #c4 ,distribution transformers ,section #cdf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcag7 is amended by adding at the end the following3 7g7 ,no new or revised standards for distribution transformers 7#a7 ,in general ,beginning on the date of enactment of this subsection1 the ,secretary may not prescribe any new or amended energy conservation standard under part ,b or this part for distribution transformers1 including those distribution transformers for which the ,secretary prescribed testing requirements under subsection 7a77#a7 and low-voltage dry-type distribution transformers4 7#b7 ,effect on existing standards ,paragraph 7#a7 does not affect any energy conservation standards prescribed under part ,b or this part before the date of enactment of this subsection4 4 #d4 ,dishwashers2 clothes washers ,section #cbe7;g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7;g77 is amended-- 7#a7 in paragraph 7#i77;,b71 by adding at the end the following3 7iii7 ,other amendments to standards ,the ,secretary may prescribe a new or amended energy conservation standard for clothes washers in accordance with this section1 including-- 7,i7 a design requirement2 and 7,,ii7 a performance standard which prescribes one of the following3 7aa7 ,a minimum level of energy efficiency4 7bb7 ,a maximum quantity of energy use4 7cc7 ,a minimum level of water efficiency4 7dd7 ,a maximum quantity of water use4 7ee7 ,a minimum level of energy efficiency and a minimum level of water efficiency4 7ff7 ,a maximum quantity of energy use and a maximum quantity of water use4 2 and 7#b7 in paragraph 7#aj77;,b71 by adding at the end the following3 7iii7 ,other amendments to standards ,the ,secretary may prescribe a new or amended energy conservation standard for dishwashers in accordance with this section1 including-- 7,i7 a design requirement2 and 7,,ii7 a performance standard which prescribes one of the following3 7aa7 ,a minimum level of energy efficiency4 7bb7 ,a maximum quantity of energy use4 7cc7 ,a minimum level of water efficiency4 7dd7 ,a maximum quantity of water use4 7ee7 ,a minimum level of energy efficiency and a minimum level of water efficiency4 7ff7 ,a maximum quantity of energy use and a maximum quantity of water use4 4 ,january #cj1 #bjbf,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed