,,ii #aaith ,,congress #b;d ,session ,s4 #ecch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbf,mr4 ,lee introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to amend the ,energy ,policy and ,conservation ,act to prohibit the ,secretary of ,energy from prescribing any new or amended energy conservation standards 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 ,energy ,efficiency ,reform ,act of #bjbf4 #b4 ,procedures1 interpretations1 and policies for consideration of new or revised conservation standards and test procedures 7a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary of ,energy 7referred to in this section as the ,secretary7 shall issue a final rule for the notice of proposed rulemaking entitled ,energy ,conservation ,program3 ,procedures1 ,interpretations1 and ,policies for ,consideration of ,new or ,revised ,energy ,conservation ,standards and ,test ,procedures for ,consumer ,products and ,certain ,commercial_/,industrial ,equipment 7#ia ,fed4 ,reg4 #dbjcd2 ,july #g1 #bjbf74 7b7 ,required contents ,the final rule issued under subsection 7a7 shall retain1 at a minimum1 the procedural requirements set forth in the notice of proposed rulemaking described in subsection 7a7 with respect to-- 7#a7 the binding nature of the ,process ,rule on the ,department of ,energy2 7#b7 mandatory comparative walk-up analysis for economic justification2 and 7#c7 the requirement that a final test procedure be published at least #ahj days before the proposition of an energy conservation standard for the same product4 7c7 ,failure ,to comply 7#a7 ,in general ,if the ,secretary fails to issue a final rule under subsection 7a7 by the deadline described in that subsection1 effective on the day after that deadline-- 7,a7 the revisions to part #dcj of title #aj1 ,code of ,federal ,regulations1 made by the final rules described in paragraph 7#b7 are void2 and 7,b7 that part shall be in effect as if those revisions had not been made4 7#b7 ,final rules described ,the final rules referred to in paragraph 7#a77;,a7 are the following3 7,a7 ,the final rule of the ,department of ,energy entitled ,energy ,conservation ,program for ,appliance ,standards3 ,procedures1 ,interpretations1 and ,policies for ,consideration in ,new or ,revised ,energy ,conservation ,standards and ,test ,procedures for ,consumer ,products and ,commercial_/,industrial ,equipment 7#hf ,fed4 ,reg4 #gjhib 7,december #ac1 #bjba774 7,b7 ,the final rule of the ,department of ,energy entitled ,energy ,conservation ,program for ,appliance ,standards3 ,procedures1 ,interpretations1 and ,policies for ,consideration in ,new or ,revised ,energy ,conservation ,standards and ,test ,procedures for ,consumer ,products and ,commercial_/,industrial ,equipment 7#hi ,fed4 ,reg4 #bdcdj 7,april #h1 #bjbd774 7d7 ,limitation ,effective beginning on the date that is #aha days after the date of enactment of this ,act1 unless specifically authorized by an ,act of ,congress1 the ,secretary may not make any revisions to part #dcj of title #aj1 ,code of ,federal ,regulations1 that are substantially dissimilar to-- 7#a7 the final rule issued under subsection 7a72 or 7#b7 if that final rule is not issued1 the notice of proposed rulemaking described in subsection 7a74 7e7 ,force of law ,effective beginning on the date that is #aha days after the date of enactment of this ,act1 appendix ,a to subpart ,c of part #dcj of title #aj1 ,code of ,federal ,regulations 7including any revisions made to that appendix71 shall have the force and effect of law4 7f7 ,regulations voided ,effective on the date of enactment of this ,act1 the following final rules shall be null and void3 7#a7 ,the final rule of the ,department of ,energy entitled ,energy ,conservation ,program3 ,energy ,conservation ,standards for ,consumer ,furnaces 7#hh ,fed4 ,reg4 #hgejb 7,december #ah1 #bjbc774 7#b7 ,the final rule of the ,department of ,energy entitled ,energy ,conservation ,program3 ,energy ,conservation ,standards for ,commercial ,water ,heating ,equipment 7#hh ,fed4 ,reg4 #fifhf 7,october #f1 #bjbc774 #c4 ,significant energy savings definition ,section #cba of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7 is amended by adding at the end the following3 7#fg7 ,significant energy savings 7,a7 ,in general ,the term significant energy savings means a reduction1 over a #cj-year period1 of not less than #aj percent in full fuel cycle energy use1 as determined by the ,secretary using the applicable test procedure required under this ,act4 7,b7 ,full fuel cycle energy use ,for the purpose of subparagraph 7,a71 full fuel cycle energy use includes all primary energy consumed in the extraction1 processing1 transportation1 generation1 transmission1 and distribution of energy to the point of end-use4 4 #d4 ,revocation of standards amendments requirement 7a7 ,in general ,section #cbe of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7 is amended-- 7#a7 by redesignating paragraph 7#d7 of subsection 7m7 as paragraph 7#g7 of subsection 7o71 and moving the paragraph appropriately2 and 7#b7 by striking subsection 7m7 and inserting the following3 7m7 ,reserved 4 7b7 ,conforming amendment ,section #cde7;e77#a77;,a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcaf7;e77#a77;,a77 is amended by striking 7m7 and inserting 7n74 #e4 ,petition for an amended standard2 petition timelines ,section #cbe7n7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7n77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,a7 through 7,c7 as subclauses 7,i7 through 7,,iii71 respectively1 and indenting appropriately2 7,b7 in the undesignated matter following subclause 7,,iii7 7as so redesignated71 by striking ,the grant and inserting the following3 7,b7 ,no presumption ,the grant 2 and 7,c7 by striking the paragraph designation and all that follows through criteria-- in the matter preceding subclause 7,i7 7as so redesignated7 and inserting the following3 7#b7 ,grant of petition 7,a7 ,in general ,the ,secretary shall grant a petition under paragraph 7#a7-- 7i7 if the ,secretary finds that the petition contains clear and convincing evidence of the need for an amended standard2 and 7ii7 subject to the conditions that-- 2 and 7#b7 in paragraph 7#e77;,b71 by striking #c years and all that follows through the period at the end and inserting at least #f years after publication of the final rule establishing the standard44 #f4 ,criteria for prescribing new or amended standards 7a7 ,in general ,section #cbe7o7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7o77 is amended-- 7#a7 in paragraph 7#a71 by striking ,the ,secretary and inserting ,except as provided in paragraph 7#b71 the ,secretary2 7#b7 by redesignating paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 and 7#g7 7as added by section #d7;a77#a77 as paragraphs 7#d71 7#e71 7#f71 7#g71 7#h71 and 7#i71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,amended standard ,the ,secretary may prescribe an amended standard that is less stringent than the previous standard or that results in an increased maximum allowable energy use if the ,secretary demonstrates with clear and convincing evidence that the amended standard is necessary-- 7,a7 to ensure availability of reliable1 safe1 and economically accessible products2 7,b7 to avoid undue burdens on small manufacturers1 taking into consideration supply chain1 technical feasibility1 and cost impacts2 7,c7 to prevent the unavailability in the ,united ,states of any covered product type 7or class7 of performance characteristics that are substantially the same as those generally available in the ,united ,states at the time that the prior standard was applicable2 or 7,d7 to prevent the influx into the ,united ,states of foreign market competitors4 7#c7 ,new product coverage determination ,the ,secretary shall not-- 7,a7 amend a standard to include a new product type unless the ,secretary has first made a new product coverage determination under subsection 7q7 or section #cbb2 or 7,b7 issue or finalize a rulemaking under this section that addresses multiple product types with similar but different functions4 2 7#d7 in paragraph 7#d77;,b7 7as so redesignated7-- 7,a7 in clause 7i7-- 7i7 in the matter preceding subclause 7,i71 by striking receiving views and comments furnished with respect to and inserting providing public notice in the ,federal ,register that includes at least #fj days for public comment1 and receiving such comments1 with respect to2 7ii7 in subclause 7,i71 by striking impact and inserting impact1 including cumulative regulatory burdens12 7iii7 in subclause 7,v71 by adding and at the end2 7iv7 in subclause 7,,vi71 by striking 2 and and inserting a period2 and 7v7 by striking subclause 7,,vii72 and 7,b7 by adding at the end the following3 7iv7 ,defined consumer-valued characteristics 7,i7 ,in general ,in determining whether a standard is technologically feasible1 the ,secretary shall1 after receiving comments1 define consumer-valued performance characteristics1 including reliability1 product lifetime1 features1 sizes1 capacities1 installation and venting methods1 fuel types1 technologies1 materials1 volumes1 and the ability to replace a product without changes to existing drainage and venting methods4 7,,ii7 ,application ,the consumer-valued performance characteristics defined under subclause 7,i7 shall not be eliminated or impacted by new or amended standards4 2 7#e7 in paragraph 7#e7 7as so redesignated7-- 7,a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7,b7 by striking the paragraph designation and all that follows through a test in clause 7i7 7as so redesignated7 and inserting the following3 7#e7 ,limitation on prescribing new or amended standards 7,a7 ,in general ,the ,secretary may not prescribe an amended or new standard under this section for a type 7or class7 of covered product if-- 7i7 a test 2 7,c7 in the undesignated matter following clause 7ii7 7as so redesignated71 by striking ,for purposes of section #cbg1 a determination under subparagraph 7,b7 and inserting the following3 7,b7 ,determination as standard ,for purposes of section #cbg1 a determination under subparagraph 7,a77ii7 2 and 7,d7 by adding at the end the following3 7,c7 ,ties to ,china ,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 relating to covered products1 if any1 held by the ,secretary with any entity that1 during the #e-year period preceding that date-- 7i7 has had substantial ties to the ,people's ,republic of ,china or the ,chinese ,communist ,party2 and 7ii7 has manufactured1 sold1 or shipped goods entering the ,united ,states that are of that type 7or class7 of covered product4 2 7#f7 in paragraph 7#f7 7as so redesignated71 by striking the paragraph designation and all that follows through capacities1 in the first sentence and inserting the following3 7#f7 ,prohibition ,the ,secretary shall not prescribe an amended or new standard under this section unless the ,secretary finds 7and publishes such finding7 that1 based on a preponderance of the evidence in the record1 the standard will not result in the unavailability in the ,united ,states in any covered product type 7or class7 of performance characteristics 7including reliability71 product lifetime1 features1 sizes1 capacities1 installation methods1 fuel types1 technologies1 materials1 2 7#g7 in paragraph 7#g7 7as so redesignated71 by striking the designation and all that follows through may and inserting the following3 7#g7 ,limitation regarding major functions 7,a7 ,definition of major function ,in this paragraph1 the term major function1 with respect to a covered product type1 means a fundamental use or purpose of the covered product type1 including the fuel type4 7,b7 ,limitation ,the ,secretary shall not 2 7#h7 by striking paragraph 7#i7 7as so redesignated7 and inserting the following3 7#i7 ,application to products 7,a7 ,in general ,except as provided in subparagraph 7,b7 or subsection 7p77#d71 an amendment prescribed under this subsection shall apply to covered products or equipment manufactured after the date that is #e years after publication of the final rule establishing the applicable standard4 7,b7 ,compliance date ,no amended standard prescribed under this subsection may establish a compliance date for a covered product earlier than #aj years after the compliance date of the most recent standard applicable to that covered product4 2 and 7#i7 by adding at the end the following3 7#aj7 ,separate standards for vented products or equipment based on venting category 7,a7 ,in general ,in any rulemaking to establish a new or amended energy conservation standard for any type 7or class7 of product or equipment described in subparagraph 7,d71 the ,secretary shall establish separate energy conservation standards for such type 7or class7 of product or equipment-- 7i7 for each of the ,category ,i1 ,category ,,ii1 ,category ,,iii1 and ,category ,,iv venting categories1 to the extent that such products or equipment exist in the market2 and 7ii7 that reflect the unique performance-related features of the relevant venting category1 including with respect to technology1 venting1 installation1 and performance4 7,b7 ,venting category determination ,in establishing energy conservation standards pursuant to this paragraph1 the ,secretary shall determine and label the venting category for each type 7or class7 of product or equipment described in subparagraph 7,d7 in accordance with the requirements for venting category determination under the applicable standard of the ,american ,national ,standards ,institute4 7,c7 ,inapplicability of certain criteria ,paragraph 7#a7 shall not apply with respect to any energy conservation standard established pursuant to this paragraph4 7,d7 ,applicability ,the type 7or class7 of product or equipment referred to in this paragraph are the following3 7i7 ,any covered product-- 7,i7 that is classified into any of the ,category ,i1 ,category ,,ii1 ,category ,,iii1 or ,category ,,iv venting categories2 and 7,,ii7 for which energy conservation standards are applicable under this part4 7ii7 ,any covered equipment 7as defined in section #cdj7-- 7,i7 that is classified into any of the ,category ,i1 ,category ,,ii1 ,category ,,iii1 or ,category ,,iv venting categories2 and 7,,ii7 for which energy conservation standards are applicable under this part4 4 7b7 ,conforming amendments 7#a7 ,section #cba7cc77;,b77i77,,iii7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbia7cc77;,b77i77,,iii77 is amended by striking #cbe7o77#d7 and inserting #cbe7o77#f74 7#b7 ,section #cbe of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7 is amended-- 7,a7 in subsection 7e77#f77;,e77ii71 by striking 7m77#d77;,a77ii7 and inserting 7o77#i77;,a72 7,b7 in subsection 7n77#b77;,c71 by striking 7o77#b77;,b77i77,,ii7 and inserting 7o77#d77;,b77i77,,ii72 and 7,c7 in subsection 7p77#b77;,a7-- 7i7 by striking 7o77#b7 and inserting 7o77#d72 and 7ii7 by striking 7o77#d7 and inserting 7o77#f74 #g4 ,procedure for prescribing new or amended standards ,section #cbe7p7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbie7p77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#d7 as paragraphs 7#b7 through 7#e71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,not later than #a year after the date of publication in the ,federal ,register of a final test procedure prescribed under section #cbc1 if applicable1 for a covered product specified in or classified pursuant to section #cbb1 the ,secretary may publish in the ,federal ,register a request for information or other preliminary rulemaking notice as to whether an energy conservation standard should be prescribed for such type 7or class7 of covered product4 4 #h4 ,product classes ,section #cbe of the ,energy ,policy ,conservation ,act 7#db ,u4,s4,c4 #fbie7 is amended by striking subsection 7q7 and inserting the following3 7q7 ,product classes 7#a7 ,definition of performance-related feature ,in this subsection1 the term performance-related feature1 with respect to a covered product1 means a feature that-- 7,a7 measurably affects energy consumption1 capacity1 or another quantifiable characteristic relevant to energy use of that covered product2 or 7,b7 is already present in a subset of existing products or is commercially mature and highly considered by consumers when choosing among comparable products1 including reliability1 product lifetime1 features1 sizes1 capacities1 installation methods1 fuel types1 technologies1 materials1 compatibility with existing systems1 including other common vented appliances1 and volumes4 7#b7 ,rule ,the ,secretary shall issue a rule establishing #a or more product classes for covered products-- 7,a7 that consume a different kind of energy than the energy consumed by other covered products within that type 7or class72 7,b7 7i7 that have a performance-related feature that other products within that type 7or class7 do not have2 and 7ii7 the performance-related feature described in clause 7i7 of which justifies a higher or lower standard from the standard that applies 7or will apply7 to other products within that type 7or class72 or 7,c7 that materially affect operating and venting conditions or energy consumption or use in a way that cannot be captured by adjustments to test procedures4 7#c7 ,procedural requirements ,to establish a new product class under subparagraph 7,b7 or 7,c7 of paragraph 7#b71 the ,secretary shall-- 7,a7 publish a notice of proposed rulemaking in the ,federal ,register that-- 7i7 defines the proposed product class with precision1 including function1 performance-related feature1 and product attribute2 and 7ii7 demonstrates whether the performance-related feature is imminently feasible2 and 7,b7 allow a minimum public comment period of #fj days4 4 #i4 ,requirements of manufacturers ,section #cbf of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbif7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking paragraph 7#d72 and 7,b7 by redesignating paragraph 7#e7 as paragraph 7#d72 and 7#b7 in subsection 7d7-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#f72 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,new1 changed1 or revoked models ,information or reports required pursuant to this section shall be required only with respect to new1 changed1 or revoked models of covered products or test procedures to which a rule under section #cbd applies4 7#d7 ,single submission 7,a7 ,in general ,the ,secretary shall coordinate with the ,commission and the ,administrator of the ,environmental ,protection ,agency 7referred to in this paragraph as the ,administrator7 to eliminate duplication among the reporting requirements required under this section and identical information collected by the ,commission and the ,administrator under the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfja et seq47 and the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 respectively1 so that only a single submission with such information is required to be submitted to the ,secretary under this section4 7,b7 ,administration ,in carrying out subparagraph 7,a71 the ,secretary shall1 in coordination with the ,commission and the ,administrator-- 7i7 ensure that data elements1 definitions1 and reporting formats are harmonized2 and 7ii7 enable the secure sharing of information among the ,department of ,energy1 the ,commission1 and the ,environmental ,protection ,agency4 7,c7 ,disputes ,the ,secretary shall resolve disputes among the ,commission1 the ,administrator1 and the ,secretary relating to carrying out this section4 7,d7 ,separate submissions ,the ,commission and the ,administrator may not require separate or additional submission requirements beyond the single submission required under subparagraph 7,a7 unless-- 7i7 those requirements are agreed to pursuant to subparagraph 7,a72 or 7ii7 7,i7 the information is necessary to carry out an explicit statutory obligation2 and 7,,ii7 the requesting agency explains in writing why the information cannot be obtained through the requirements agreed to pursuant to subparagraph 7,a74 7#e7 ,manufacturer responsibility ,if a covered product or industrial equipment is a component in a finished product1 the manufacturer of that component1 not the manufacturer of the covered product1 industrial equipment1 or other finished product1 shall be responsible for submitting information pursuant to this section4 4 #aj4 ,effects on other law ,section #cbg of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbig7 is amended-- 7#a7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,effective on and all that follows through any covered product and inserting ,effective on the date the consumer product is specified in1 or classified by the ,secretary under1 section #cbb as a covered product2 and 7#b7 by adding at the end the following3 7h7 ,rule of preemption on fuel use restrictions ,state restrictions on fuel use or requirements1 including labeling1 applicable to or affecting the sale and use of covered products are subject to and preempted under this section4 7i7 ,general rule of preemption for energy conservation standards when ,federal standard is revoked for a product 7#a7 ,in general ,no ,state regulation1 or revision thereof1 relating to energy efficiency1 energy use1 or water use of a covered product shall be effective even if the ,federal standard relating to energy efficiency1 energy use1 or water use for that covered product has been revoked4 7#b7 ,previous ,federal standard in effect ,on revocation of a ,federal standard described in paragraph 7#a71 the previously issued ,federal standard shall be in effect4 7#c7 ,rule of construction ,a revocation of a ,federal standard described in paragraph 7#a7 does not permit a ,state to fill the void of the revoked ,federal standard-- 7,a7 by promulgating a new regulation1 or revising an existing regulation2 or 7,b7 with a previously established ,state regulation4 7j7 ,applicability ,this section-- 7#a7 applies to all ,state and local governments1 including municipalities exercising home-rule authority1 special districts1 commissions1 and agencies created by or under ,state law2 and 7#b7 preempts any ,state or local law1 code1 or regulation1 whether legislative or administrative in origin1 that prohibits1 directly or indirectly1 the installation or use of a covered product or requires removal or substitution of a covered product based on-- 7,a7 its fuel source2 or 7,b7 the emission of any air pollutant 7as defined in section #cjb of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfjb774 4 #aa4 ,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 the ,energy ,efficiency ,reform ,act of #bjbf1 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 the ,energy ,efficiency ,reform ,act of #bjbf4 4