42 U.S.C. 6295(m)(1)rewrittenby H.R. 4626 Sec. 2(a)
The bill says: Section 325(m)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(1)) is amended to read as follows:
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(m)(3)rewrittenby H.R. 4626 Sec. 2(a)
The bill says: Section 325(m)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(3)) is amended to read as follows:
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(m)(4)rewrittenby H.R. 4626 Sec. 2(a)
The bill says: Section 325(m)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(4)) is amended to read as follows:
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(n)changedby H.R. 4626 Sec. 2(b)
…of the previous amendment pursuant to this part; or (B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous amendment could have been in effect, except that in no case may an amended standardamendment or revocation of standard apply to products manufactured within 3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, general service fluorescent lamps,…
The bill says: in the subsection heading, by striking "an amended standard" and inserting "amendment or revocation of standard";
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(n)(1)changedby H.R. 4626 Sec. 2(b)
(1) With respect to each covered product described in paragraphs (1) through (11), and in paragraphs (13) and (14) of section 6292(a) of this title, any person may petition the Secretary to conduct a rulemaking to determine for a covered product if the standards contained either in the last final rule required under subsections (b) through (i) of this section or in a final rule published under this section should be amended or revoked.
The bill says: in paragraph (1), by inserting "or revoked" after "should be amended";
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(n)rewrittenby H.R. 4626 Sec. 2(b)
(2) 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 evidence, assuming no other evidence were considered, that such standards—(A) result in additional costs to consumers;(B) do not result in significant conservation of energy or water;(C) are not technologically feasible; and(D) result in such covered product not being commercially available in the United States to all consumers.
The bill says: by amending paragraph (2) to read as follows:
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(n)(4)changedby H.R. 4626 Sec. 2(b)
(4) New or amended standards.New, amended, or revoked standards.—Not later than 3 years after the date of granting a petition for new or amended standards, the Secretary shall publish in the Federal Register— (A) a final rule that contains the new or amended standards; or (B) a determination that no new or amended standards are necessary.
The bill says: by striking "New or amended standards." and inserting "New, amended, or revoked standards.";
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(n)(4)renumberedby H.R. 4626 Sec. 2(b)
The bill says: by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by conforming the margins accordingly);
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(n)(4)changedby H.R. 4626 Sec. 2(b)
(4) New or amended standards.—Not later than 3 years(A) Not later than 3 years after the date of granting a petition for new or amended standards, the Secretary shall publish in the Federal Register— (A) a final rule that contains the new or amended standards; or (B) a determination that no new or amended standards are necessary.
The bill says: by striking "Not later than 3 years" and inserting the following:
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(n)(4)added (B)by H.R. 4626 Sec. 2(b)
(B) Not later than 180 days after the date of granting a petition to revoke standards, the Secretary shall publish in the Federal Register—(i) a final rule revoking the standards; or(ii) a determination that it is not necessary to revoke the standards.(C) 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 section.(D) Standards that have been revoked pursuant to subparagraph (B) shall be considered to be in effect for purposes of section 327.
The bill says: by adding at the end the following:
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(n)(5)(B)changedby H.R. 4626 Sec. 2(b)
(B) if the previous final rule published under this part did not amend the standard, the earliest date by which a previous amendment could have been in effect, except that in no case may an amended standard apply to products manufactured within 3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, and kitchen ranges and ovens) or 5 years (for central air conditioners and heat pumps, water heaters, pool heaters, direct heating equipment and furnaces)5 years after publication of the final rule establishing a standard.
The bill says: in paragraph (5)(B), by striking "3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, and kitchen ranges and ovens) or 5 years (for central air conditioners and heat pumps, water heaters, pool heaters, direct heating equipment and furnaces)" and inserting "5 years";
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(o)rewrittenby H.R. 4626 Sec. 2(c)
(2) Requirements.—(A) Design.— Any new or amended energy conservation standard prescribed by the Secretary under this section for any type (or class) of covered product shall be designed to achieve the maximum improvement in, as applicable, energy efficiency or water efficiency, which the Secretary determines is technologically feasible and economically justified.(B) Test procedures.— If the Secretary determines that a test procedure should be prescribed or amended in accordance with section 323 for a type (or class) of covered product, the Secretary may not prescribe a new or amended energy conservation standard under this section for such type (or class) of covered product unless the Secretary has prescribed or amended (and published in the Federal Register) a test procedure for such type (or class) of covered product at least 180 days before publishing a notice of proposed rulemaking with respect to the new or amended energy conservation standard.(C) Significant conservation.— The Secretary may not prescribe a new or amended energy conservation standard under this section for a type (or class) of covered product if the Secretary determines that the establishment and imposition of such energy conservation standard will not result in significant conservation of, as applicable, energy or water.(D) Technologically feasible and economically justified.— The Secretary may not prescribe a new or amended energy conservation standard under this section for a type (or class) of covered product unless the Secretary determines that the establishment and imposition of such energy conservation standard is technologically feasible and economically justified.(E) Disclosure.— The Secretary may not prescribe a new or amended energy conservation standard under this section for a type (or class) of covered product unless the Secretary, not later than the date on which the standard is prescribed, publicly discloses each meeting held by the Secretary, during the 5-year period preceding such date, with any entity that—(i) has ties to the People’s Republic of China or the Chinese Communist Party;(ii) has produced studies regarding, or advocated for, regulations or policy to limit, restrict, or ban the use of any type of energy; and(iii) has applied for or received Federal funds.(3) Factors for determination.—(A) Economic analysis.—(i) Determination.— Prior to prescribing any new or amended energy conservation standard under this section for any type (or class) of covered product, the Secretary shall conduct a quantitative economic impact analysis of imposition of the energy conservation standard that determines the predicted—(I) effects of imposition of the energy conservation standard on costs and monetary benefits to consumers of the products subject to such energy conservation standard, including—(aa) costs to low-income households; and(bb) variations in costs to consumers based on differences in regions, including rural populations, cost of living comparisons, and climatic differences;(II) effects of imposition of the energy conservation standard on employment; and(III) lifecycle costs for the covered product, including costs associated with the purchase, installation, maintenance, disposal, and replacement of the covered product.(ii) Notice and comment.— The Secretary shall provide public notice in the Federal Register and at least 60 days for public comment on the quantitative economic impact analysis conducted under clause (i).(B) Prohibition on additional costs to the consumer.— The Secretary may not determine that imposition of an energy conservation standard is economically justified unless the Secretary, based on an economic analysis under subparagraph (A), determines that—(i) imposition of such energy conservation standard is not likely to result in additional net costs to the consumer, including any increase in net costs associated with the purchase, installation, maintenance, disposal, and replacement of the covered product; and(ii) the monetary value of the energy savings and, as applicable, water savings, that the consumer will receive as a result of such energy conservation standard during the first 3 years after purchasing and installing a covered product complying with such energy conservation standard, as calculated under the applicable test procedure, will be greater than any increased costs to the consumer of the covered product due to imposition of such energy conservation standard, including increased costs associated with the purchase, installation, maintenance, disposal, and replacement of the covered product.(C) 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—(i) a reduction of at least 0.3 quads of site energy over 30 years; or(ii) at least a 10 percent reduction in energy or water use of the covered product.(D) 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 product, taking into consideration the effects of such energy conservation standard on—(i) the compatibility of the covered product with existing systems;(ii) the life span of the covered product;(iii) the operating conditions of the covered product;(iv) the duty cycle, charging time, and run time of the covered product, as applicable;(v) the maintenance requirements of the covered product; and(vi) the replacement and disposal requirements for the covered product.(E) Technological innovation.— The Secretary may not determine that imposition of an energy conservation standard is economically justified unless the Secretary determines th
The bill says: Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)) is amended by amending paragraphs (2) and (3) to read as follows:
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(o)(6)(E)(ii)changedby H.R. 4626 Sec. 2(d)
(ii) Regional standards.—Any additional and more restrictive regional standard established for a product under this paragraph 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 applyshall apply, in States in which the Secretary has designated the standard to apply, to any such product that is manufactured or imported into the United States on or after the effective date of the standard.
The bill says: Section 325(o)(6)(E)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) 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 apply, in States in which the Secretary has designated the standard to apply, to any such product that is manufactured or imported into the United States on or after the effective date of the standard".
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6291(1)(A)changedby H.R. 4626 Sec. 2(e)
(A) which in operation consumes, or is designed to consume, energy or, with respect to showerheads, faucets, water closets, and urinals, waterwater, as applicable; and
The bill says: Section 321(1)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6291(1)(A)) is amended by striking ", with respect to showerheads, faucets, water closets, and urinals, water" and inserting "water, as applicable".
Bill text · Current law (42 U.S.C. 6291)
42 U.S.C. 6291(6)(A)changedby H.R. 4626 Sec. 2(e)
(A) a performance standard which prescribes a minimum level of energy efficiency or a maximum quantity of energy use, or, in the case of showerheads, faucets, water closets, and urinals, water use,or water use, as applicable, for a covered product, determined in accordance with test procedures prescribed under section 6293 of this title; or
The bill says: Section 321(6)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6291(6)(A)) is amended by striking ", or, in the case of showerheads, faucets, water closets, and urinals, water use, " and inserting "or water use, as applicable,".
Bill text · Current law (42 U.S.C. 6291)
42 U.S.C. 6291(7)changedby H.R. 4626 Sec. 2(e)
(7) The term "estimated annual operating cost" means the aggregate retail cost of the energy which is likely to be consumed annually, and in the case of showerheads, faucets, water closets, and urinals, as applicable, the aggregate retail cost of water and wastewater treatment services likely to be incurred annually, in representative use of a consumer product, determined in accordance with section 6293 of this title.
The bill says: Section 321(7) of the Energy Policy and Conservation Act (42 U.S.C. 6291(7)) is amended by striking "in the case of showerheads, faucets, water closets, and urinals" and inserting ", as applicable".
Bill text · Current law (42 U.S.C. 6291)
42 U.S.C. 6293(b)(3)changedby H.R. 4626 Sec. 2(e)
(3) Any test procedures prescribed or amended under this section shall be reasonably designed to produce test results which measure energy efficiency, energy use, water use (in the case of showerheads, faucets, water closets and urinals), as applicable, energy efficiency, energy use, water use, or estimated annual operating cost of a covered product during a representative average use cycle or period of use, as determined by the Secretary, and shall not be unduly burdensome to conduct.
The bill says: Section 323(b)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(3)) is amended by striking "energy efficiency, energy use, water use (in the case of showerheads, faucets, water closets and urinals)" and inserting ", as applicable, energy efficiency, energy use, water use".
Bill text · Current law (42 U.S.C. 6293)
42 U.S.C. 6293(b)(4)changedby H.R. 4626 Sec. 2(e)
(4) If the test procedure is a procedure for determining estimated annual operating costs, such procedure shall provide that such costs shall be calculated from measurements of energy use or, in the case of showerheads, faucets, water closets, or urinals,or, as applicable, water use in a representative average use cycle or period of use, as determined by the Secretary, and from representative average unit costs of the energy needed to operate such product during such cycle, or in the case of showerheads,…
The bill says: by striking "or, in the case of showerheads, faucets, water closets, or urinals," and inserting "or, as applicable,"; and
Bill text · Current law (42 U.S.C. 6293)
42 U.S.C. 6293(b)(4)changedby H.R. 4626 Sec. 2(e)
…water closets, or urinals, water use in a representative average use cycle or period of use, as determined by the Secretary, and from representative average unit costs of the energy needed to operate such product during such cycle, or in the case of showerheads, faucets, water closets, or urinals,or, as applicable, representative average unit costs of water and wastewater treatment service resulting from the operation of such products during such cycle. The Secretary shall provide information to manufacturers with respect to representative average…
The bill says: by striking "or in the case of showerheads, faucets, water closets, or urinals," and inserting "or, as applicable,".
Bill text · Current law (42 U.S.C. 6293)
42 U.S.C. 6293(c)(1)changedby H.R. 4626 Sec. 2(e)
The bill says: in paragraph (1), by striking " or, in the case of showerheads, faucets, water closets, and urinals," and inserting "or, as applicable,"; and
Bill text · Current law (42 U.S.C. 6293)
42 U.S.C. 6293(c)(2)changedby H.R. 4626 Sec. 2(e)
The bill says: in paragraph (2), by striking " or, in the case of showerheads, faucets, water closets, and urinals," and inserting "or, as applicable,".
Bill text · Current law (42 U.S.C. 6293)
42 U.S.C. 6295(o)(6)(D)(i)(II)changedby H.R. 4626 Sec. 2(e)
(II) the additional regional standards are economically justified under this paragraphthis subsection; and
The bill says: Section 325(o)(6)(D)(i)(II) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)(6)(D)(i)(II)) is amended by striking "this paragraph" and inserting "this subsection".
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(p)(2)(A)changedby H.R. 4626 Sec. 2(e)
(A) whether the standard to be prescribed is economically justified (taking into account those factors which the Secretary must consider under subsection (o)(2)as determined in accordance with subsection (o)) or will result in the effects described in subsection (o)(4);
The bill says: Section 325(p)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6295(p)(2)(A)) is amended by striking "taking into account those factors which the Secretary must consider under subsection (o)(2)" and inserting "as determined in accordance with subsection (o)".
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6317removedby H.R. 4626 Sec. 2(e)
The bill says: Section 346 of the Energy Policy and Conservation Act (42 U.S.C. 6317) is amended by striking subsection (c).
Bill text · Current law (42 U.S.C. 6317)
42 U.S.C. 6317added (g)by H.R. 4626 Sec. 3
(g) No new or revised standards for distribution transformers.—(1) In general.— Beginning on the date of enactment of this subsection, the Secretary may not prescribe any new or amended energy conservation standard under part B or this part for distribution transformers, including those distribution transformers for which the Secretary prescribed testing requirements under subsection (a)(1) and low-voltage dry-type distribution transformers.(2) Effect on existing standards.— Paragraph (1) does not affect any energy conservation standards prescribed under part B or this part before the date of enactment of this subsection.
The bill says: Section 346 of the Energy Policy and Conservation Act (42 U.S.C. 6317) is amended by adding at the end the following:
Bill text · Current law (42 U.S.C. 6317)
42 U.S.C. 6295(g)(9)(B)added (iii)by H.R. 4626 Sec. 4(1)
(iii) Other amendments to standards.— The Secretary may prescribe a new or amended energy conservation standard for clothes washers in accordance with this section, including—(I) a design requirement; and(II) a performance standard which prescribes one of the following:(aa) A minimum level of energy efficiency.(bb) A maximum quantity of energy use.(cc) A minimum level of water efficiency.(dd) A maximum quantity of water use.(ee) A minimum level of energy efficiency and a minimum level of water efficiency.(ff) A maximum quantity of energy use and a maximum quantity of water use.
The bill says: in paragraph (9)(B), by adding at the end the following:
Bill text · Current law (42 U.S.C. 6295)
42 U.S.C. 6295(g)(10)(B)added (iii)by H.R. 4626 Sec. 4(2)
(iii) Other amendments to standards.— The Secretary may prescribe a new or amended energy conservation standard for dishwashers in accordance with this section, including—(I) a design requirement; and(II) a performance standard which prescribes one of the following:(aa) A minimum level of energy efficiency.(bb) A maximum quantity of energy use.(cc) A minimum level of water efficiency.(dd) A maximum quantity of water use.(ee) A minimum level of energy efficiency and a minimum level of water efficiency.(ff) A maximum quantity of energy use and a maximum quantity of water use.
The bill says: in paragraph (10)(B), by adding at the end the following:
Bill text · Current law (42 U.S.C. 6295)