[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1326 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1326

 To strengthen the Department of Energy's appliance energy efficiency 
standards program and promote further energy efficiency gains, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2021

 Ms. Brownley introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To strengthen the Department of Energy's appliance energy efficiency 
standards program and promote further energy efficiency gains, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Efficient Appliances Act''.

SEC. 2. REPEALS.

    (a) Procedures for Use in New or Revised Energy Conservation 
Standards and Test Procedures.--The final rule titled ``Energy 
Conservation Program for Appliance Standards: Procedures for Use in New 
or Revised Energy Conservation Standards and Test Procedures for 
Consumer Products and Commercial/Industrial Equipment'' (published at 
85 Fed. Reg. 8626 (February 14, 2020)) shall have no force or effect 
and shall be treated as if such rule had never been issued.
    (b) Procedures for Evaluating Statutory Factors.--The final rule 
titled ``Energy Conservation Program for Appliance Standards: 
Procedures for Evaluating Statutory Factors for Use in New or Revised 
Energy Conservation Standards'' (published at 85 Fed. Reg. 50937 
(August 19, 2020)) shall have no force or effect and shall be treated 
as if such rule had never been issued.

SEC. 3. MULTIPLE METRICS.

    Section 321(6) of the Energy Policy and Conservation Act (42 U.S.C. 
6291(6)) is amended to read as follows:
            ``(6) Energy conservation standard.--
                    ``(A) In general.--The term `energy conservation 
                standard' means, with respect to a product, 1 or more 
                performance standards that prescribe--
                            ``(i) a minimum level of energy efficiency 
                        or a maximum quantity of energy use, determined 
                        in accordance with test procedures prescribed 
                        under section 323;
                            ``(ii) a minimum level of water efficiency 
                        or a maximum quantity of water use, determined 
                        in accordance with test procedures prescribed 
                        under section 323; or
                            ``(iii) both (i) and (ii).
                    ``(B) Inclusions.--The term `energy conservation 
                standard' includes--
                            ``(i) 1 or more design requirements; and
                            ``(ii) any other requirements that the 
                        Secretary may prescribe under section 
                        325(r).''.

SEC. 4. EXPANDING THE POOL OF COVERED PRODUCTS.

    (a) Lowering Energy Threshold Levels for Consumer Products.--
            (1) Special classification of consumer product.--Section 
        322(b)(1)(B) of the Energy Policy and Conservation Act (42 
        U.S.C. 6292(b)(1)(B)) is amended by striking ``exceed 100'' and 
        inserting ``exceed 75''.
            (2) Standards for other covered products.--Section 
        325(l)(1)(A) of the Energy Policy and Conservation Act (42 
        U.S.C. 6295(l)(1)(A)) is amended by striking ``exceeded 150'' 
        and inserting ``exceeded 75''.
    (b) Industrial Equipment.--Section 340(2)(B) of the Energy Policy 
and Conservation Act (42 U.S.C. 6311(2)(B)) is amended--
            (1) in clause (xii), by striking ``and''; and
            (2) by striking clause (xiii) and inserting the following:
            ``(xiii) other motors; and
            ``(xiv) other types of equipment for which the Secretary 
        determines that--
                    ``(I) classifying equipment of such type as 
                industrial equipment is necessary or appropriate to 
                carry out the purposes of this part; and
                    ``(II) average annual energy use by equipment of 
                such type nationwide is likely to exceed 3,000,000,000 
                kilowatt-hours (or its Btu equivalent) per year.''.

SEC. 5. REDUCING LEAD TIMES.

    (a) Standards for Other Covered Products.--Section 325(l)(2) of the 
Energy Policy and Conservation Act (42 U.S.C. 6295(l)(2)) is amended to 
read as follows:
            ``(2) Applicability.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any new or amended standard for 
                covered products of a type specified in paragraph (20) 
                of section 322(a) shall apply to products manufactured 
                after the date that is 3 years after the publication of 
                the final rule establishing such standard.
                    ``(B) Other applicability.--The Secretary may, in 
                prescribing a new or amended standard for covered 
                products of a type specified in paragraph (20) of 
                section 322(a), require that such standard apply to 
                products manufactured not earlier than 1 year after 
                publication of the final rule establishing such 
                standard and not later than 3 years after such 
                publication.''.
    (b) Products Receiving Updated Rules.--
            (1) Amended standards.--Paragraph (4) of section 325(m) of 
        the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(4)) 
        is amended--
                    (A) in subparagraph (A)--
                            (i) the matter preceding clause (i), by 
                        inserting ``and subparagraph (C)'' after 
                        ``subparagraph (B)''; and
                            (ii) in clause (ii), by striking ``5 
                        years'' and inserting ``3 years''; and
                    (B) by adding at the end the following 
                subparagraph:
                    ``(C) Other applicability.--The Secretary may, in 
                prescribing an amended standard under this subsection, 
                require that such amended standard apply to products 
                manufactured not earlier than 1 year after publication 
                of the final rule establishing such amended standard 
                and not later than 3 years after such publication.''.
            (2) Amended standards resulting from petition.--Paragraph 
        (5) of section 325(n) of the Energy Policy and Conservation Act 
        (42 U.S.C. 6295(n)) is amended to read as follows:
            ``(5) Applicability.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an amended standard prescribed under 
                this subsection shall apply to products manufactured 
                after the date that is 3 years after the publication of 
                the final rule establishing the amended standard.
                    ``(B) Other applicability.--The Secretary may, in 
                prescribing an amended standard under this subsection, 
                require that such amended standard apply to products 
                manufactured not earlier than 1 year after publication 
                of the final rule establishing such amended standard 
                and not later than 3 years after such publication.''.
    (c) Authorization for Multiple Standards Under One Rulemaking.--
Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C. 
6295) is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by adding after paragraph (5) the following:
            ``(6) Multiple standards.--Notwithstanding subsection 
        (m)(4)(B), in any rulemaking to prescribe a new or amended 
        energy conservation standard for a covered product, or class of 
        covered products, the Secretary may prescribe more than one 
        such standard for such covered product, or class of covered 
        products, provided--
                    ``(A) the less stringent standard prescribed shall 
                apply to any such covered product, or class of covered 
                products, manufactured not earlier than 1 year after 
                publication of the final rule prescribing such 
                standards and not later than 3 years after such 
                publication; and
                    ``(B) the more stringent standard prescribed shall 
                apply to any such covered product, or class of covered 
                products, manufactured not later than 6 years after 
                such publication.''.

SEC. 6. EXEMPTION FROM PREEMPTION.

    (a) Removing Barriers to Efficiency.--
            (1) In general.--Section 327 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6297) is amended by adding at the 
        end the following:
    ``(h) Suspension of Preemption.--A State regulation concerning the 
energy efficiency, energy use, or water use of a covered product that 
would otherwise be superseded by the provisions of this part in 
accordance with this section shall not be superseded during any period 
that--
            ``(1) begins on the date that is 8 years after the date on 
        which an energy conservation standard is established or revised 
        under section 325 for the covered product; and
            ``(2) ends on the date that compliance with an energy 
        conservation standard that is established or revised under 
        section 325 and that is equivalent to or more stringent than 
        the State regulation is required.
    ``(i) No Preemption Absent a Federal Standard.--
            ``(1) Application.--Notwithstanding any other provision of 
        this part, a State regulation concerning the energy efficiency, 
        energy use, or water use of a covered product is not superseded 
        by the provisions of this part if the State applies to any 
        product not subject to an energy conservation standard 
        established under section 325.
            ``(2) Compliance period.--Notwithstanding any other 
        provision of this part, any State regulation prescribed or 
        enacted for a covered product before the date on which an 
        energy conservation standard is established under section 325 
        for the covered product shall not be preempted until the date 
        on which compliance with an energy conservation standard that 
        is established under section 325 and that is equivalent to, or 
        more stringent than, the requirements of the State is 
        required.''.
            (2) ASHRAE products.--Section 345(b)(2) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6316(b)(2)) is amended 
        by adding at the end the following:
                    ``(E) Notwithstanding subparagraph (A), a standard 
                prescribed or established under section 342(a) shall 
                not supersede any State or local regulation concerning 
                the energy efficiency or energy use of a product for 
                which the standard is prescribed or established during 
                any period that--
                            ``(i) begins on the date that is 8 years 
                        after the date on which such standard is 
                        prescribed or established; and
                            ``(ii) ends on the effective date of a 
                        standard prescribed or established after the 
                        date described in clause (i) under section 
                        342(a) for the product, that is equivalent to, 
                        or more stringent than, the State or local 
                        regulation.''.
    (b) Building Codes.--
            (1) In general.--Section 327(f) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6297(f)) is amended to read as 
        follows:
    ``(f) Exception for Certain Building Code Requirements.--
            ``(1) In general.--A regulation or other requirement that 
        is contained in a State or local building code for new 
        construction concerning the energy efficiency or energy use of 
        a covered product is not superseded by this part if the 
        regulation or other requirement concerning the energy 
        efficiency or energy use of the covered product is more 
        stringent than the corresponding Federal energy conservation 
        standard.
            ``(2) New construction.--For purposes of this subsection, 
        the term `new construction' includes--
                    ``(A) new buildings and their systems; and
                    ``(B) new portions of buildings and their 
                systems.''.
            (2) Conforming amendments.--Section 327 of the Energy 
        Policy and Conservation Act (42 U.S.C. 6297) is amended--
                    (A) in subsection (b), by striking paragraph (3); 
                and
                    (B) in subsection (c), by striking paragraph (3).
            (3) ASHRAE products.--Section 345(b)(2)(B) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6316(b)(2)(B)) is 
        amended by striking ``new construction'' and all that follows 
        through the end and inserting ``new construction.''.
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