[Congressional Record Volume 164, Number 47 (Monday, March 19, 2018)]
[House]
[Pages H1659-H1661]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CEILING FAN ENERGY CONSERVATION HARMONIZATION ACT
Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill
(S. 2030) to deem the compliance date for amended energy conservation
standards for ceiling fan light kits to be January 21, 2020, and for
other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2030
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 ``Ceiling Fan Energy
Conservation Harmonization Act''.
SEC. 2. COMPLIANCE DATE FOR AMENDED ENERGY CONSERVATION
STANDARDS FOR CEILING FAN LIGHT KITS.
(a) In General.--The compliance date for the amended energy
conservation standards established for ceiling fan light kits
in the final rule entitled ``Energy Conservation Program:
Energy Conservation Standards for Ceiling Fan Light Kits''
(81 Fed. Reg. 580 (January 6, 2016)) is deemed to be January
21, 2020.
(b) Conforming Changes.--Not later than 60 days after the
date of enactment of this Act, the Secretary of Energy shall
make such technical and conforming changes to any regulation,
guidance document, or procedure as may be necessary to
implement subsection (a).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Upton) and the gentleman from California (Mr. McNerney)
each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members have
5
[[Page H1660]]
legislative days within which to revise and extend their remarks and
insert extraneous material in the Record on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, energy efficiency can provide benefits for consumers,
for job-creating businesses, for energy security, and for the
environment, but we have got to make sure that it is done right; and
that is why I support S. 2030, Ceiling Fan Energy Conservation
Harmonization Act, which was sponsored by my good friend from North
Carolina, Richard Hudson, and certainly has strong bipartisan
cosponsorship, including Mr. Carter, Mr. Rush, Mr. Peters, and Mr.
Butterfield.
Mr. Speaker, I would urge all of my colleagues to support this bill.
As most of you know, ceiling fans often come with lights attached,
thus, they serve two purposes for consumers. The Department of Energy
regulates the energy efficiency of both the ceiling fans and the
ceiling fan lights, and stringent new standards are scheduled to take
effect in the next 2 years; but for some reason, DOE set the deadline
for the ceiling fan light kits in 2019, while the ceiling fan standard
deadline is in 2020.
This bill, S. 2030, would take the logical step of aligning the
compliance deadlines for ceiling fans and ceiling fan light kits so
that they both occur in 2020. This should ease the compliance burden
for some manufacturers, make things easier for retailers, and may help
lower the costs, in fact, for all consumers.
Although ceiling fan regulations may not be a front-burner issue, we
ought to make sure that we take every opportunity to streamline Federal
regs and help keep compliance costs down. That is why I would urge all
of my colleagues to vote ``yes'' on this, what I would consider,
noncontroversial bill.
Mr. Speaker, I reserve the balance of my time.
Mr. McNERNEY. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I rise in support of S. 2030, the Ceiling Fan Energy
Conservation Harmonization Act.
Mr. Speaker, I agree with the chairman on this issue. It is
bipartisan, and we are going to go ahead and do this law right.
Now, S. 2030 is essentially identical to H.R. 3477, legislation
introduced by my colleagues on the Energy and Commerce Committee, Mr.
Hudson and Mr. Butterfield. The purpose of the legislation is to align
the current 2019 compliance deadline for ceiling fan light kit
standards with a separate standard for ceiling fans set for 2020.
S. 2030 essentially extends the compliance deadline for the rule
amending the standards for ceiling fan light kits by just over 1 year
to January 21, 2020, so they can both occur at the same time.
The Energy Policy and Conservation Act, as amended by the Energy
Policy Act of 2005, required the Department of Energy to put in place
efficiency standards for ceiling light kits. The DOE has determined
that increasing efficiency standards for ceiling fan light kits would
conserve energy more, while being economically feasible. The DOE
finally put forth the standard that, as stated previously, would take
effect in January of next year. However, because the DOE did not meet
the statutory deadline for promulgating a ceiling fan lighting kit
standard, certain backstop requirements have been triggered that would
be vitiated by the new regulations.
Some have raised questions as to whether the enactment of this
legislation would result in an extension of portions of these backstop
requirements. I think it is important for manufacturers that we respond
to this question, and it is my intent, later on in this debate, to
enter into a colloquy with the chairman in order to provide direction
to the DOE and make clear Congress' intent with regard to this matter.
New standards for these kits will save money and reduce carbon
emissions, and I believe the sooner they are in place, the better for
consumers and for our environment.
Having said that, the bill is not opposed by any environmental,
community, or consumer groups. Perhaps this is because it is sensible
legislation that will greatly help retailers by eliminating unnecessary
burdens for sellers of the products, while only minimally delaying new
standards.
Mr. Speaker, I would like to have a brief colloquy with Mr. Upton,
the chairman of the Subcommittee on Energy.
As I understand the purpose of S. 2030, it is to delay the January 7,
2019, compliance deadline for the latest ceiling fan light kit
efficiency standard so as to align it with the January 21, 2020,
compliance deadline for ceiling fans overall. Thus the efficiency
standards for ceiling fans and for ceiling fan lights will go into
force at the same time on January 21, 2020. Is that correct?
Mr. UPTON. Will the gentleman yield?
Mr. McNERNEY. I yield to the gentleman from Michigan.
Mr. UPTON. Mr. Speaker, the gentleman is correct. That is correct.
That is the purpose.
Mr. McNERNEY. Mr. Speaker, reclaiming my time, I further understand
that, pursuant to current law, because the DOE has not yet promulgated
a ceiling fan light kit standard, there are backstop standards that
have taken effect. As a part of this backstop, no ceiling fan light kit
can be offered for sale in interstate commerce whose lamps use more
than 180 watts of electricity.
To ensure this result, ceiling fan light kits are required to include
a device that limits lamp efficiency consumption to 190 watts or less.
Am I correct in that understanding?
Mr. UPTON. Will the gentleman yield?
Mr. McNERNEY. I yield to the gentleman from Michigan.
Mr. UPTON. Mr. Speaker, the gentleman is correct. I would note that
in the gentleman's earlier statement, he said: ``whose lamps use more
than 180 watts of electricity,'' but, in fact, it is 190 watts or less,
but the gentleman, again, is correct.
Mr. McNERNEY. Mr. Speaker, again reclaiming my time. I thank the
chairman and acknowledge that correction.
I understand that, in preparation for ceiling fan light kit standards
going into effect in January 2019, many manufacturers have already
switched production and produced kits without the device that limits
total lamp consumption to 190 watts or less.
Lighting manufacturers have informed me that the limiting device has
been a major source of product failure and that, due to the vast gains
in lightbulb technology and a huge drop in the price of highly
efficient bulbs, it is no longer necessary to have such a device to
keep consumption low.
Unfortunately, because the limiter requirement is tied by statute to
the date of enactment of the new standard, technically this bill that
is designed to ease regulatory burdens may inadvertently extend for an
additional year the 190-watt limiter requirement. I do not believe this
is the intent of this body or our colleagues on the other side of the
Capitol, in other words, the Senate.
Mr. UPTON. Will the gentleman yield?
Mr. McNERNEY. I yield to the gentleman from Michigan.
Mr. UPTON. Mr. Speaker, the gentleman is correct.
I, too, have heard from lighting manufacturers, and I sympathize with
the concerns asserted by them regarding potential unintended
consequences.
The intent of this bill, and, for that matter, my intent, is to keep
the compliance deadline for changes to the 190-watt limiter requirement
at January 7, 2019.
We now know that the limiter requirement adds to the cost to
consumers, it can compromise ceiling fan reliability, and is no longer
needed to meet efficiency standards. The final rule that included the
ceiling fan light kit standards also provided that the 190-watt limiter
requirement is deemed to be met by any product that complies with the
new efficiency standards.
The bottom line is that the 190-watt limiter should no longer be
required beginning on January 7, 2019. This bill, S. 2030, seeks to
delay the ceiling fan light kit compliance deadline only, but not to
delay the change to the 190-watt limiter requirement.
Mr. McNERNEY. Mr. Speaker, reclaiming my time, I thank the chairman
for confirming that the provisions
[[Page H1661]]
of S. 2030 are not intended to delay the change to the 190-watt limiter
requirement.
Mr. Speaker, I believe ceiling fan lighting kit manufacturers have
acted in good faith in the run-up to the change in the standard and
that they should not be penalized for producing light kits without the
190-watt limiting device.
In my view, DOE should take whatever steps are necessary to revise
its rules to allow these otherwise compliant kits to be sold and should
take no enforcement actions against manufacturers solely because a kit
fails to include the 190-watt limiting device.
That doesn't mean the Department should stop all enforcement to
ensure compliance with standards for these kits, but it should
specifically forgo action against companies for failing to include a
limiting device.
Mr. Speaker, I ask if the chairman shares my view.
Mr. UPTON. Will the gentleman yield?
Mr. McNERNEY. I yield to the gentleman from Michigan.
Mr. UPTON. Mr. Speaker, I thank the gentleman for yielding.
Yes, I do share that view. This bill directs the Secretary of Energy
to make technical and conforming changes to any implementing regulation
so as to carry out the provisions in this bill.
In carrying out this requirement, DOE should make clear to the
regulated community that the specific inclusion of a watt-limiting
device is no longer needed for a kit to be deemed to meet the 190-watt-
or-less consumption requirement.
I further want to associate myself with the gentleman's comments
regarding enforcement. The Secretary should take whatever steps are
necessary to ensure that no enforcement action is taken against any
manufacturer solely because a kit fails to include the 190-watt
limiting device.
To the extent he can, the Secretary should make clear in a public
manner that DOE will not enforce against these manufacturers with
regard to this particular matter so that no producer holds back their
product for the market out of fear of violation.
Mr. McNERNEY. Mr. Speaker, reclaiming my time, I want to thank the
chairman for his indulgence in this important clarification of
legislative intent.
Mr. Speaker, I reserve the balance of my time.
Mr. UPTON. Mr. Speaker, I yield back the balance of my time.
Mr. McNERNEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I again want to thank the chairman and commend my
colleagues in both Chambers, specifically Mr. Hudson and Mr.
Butterfield, for working on this bill. The legislation enjoys support
from both sides of the aisle on this committee; and, in fact, the House
version of the bill, H.R. 3477, passed both the Energy Subcommittee and
the full Energy and Commerce Committee by a voice vote with almost no
debate. Similarly, the Senate companion, which is before us now, passed
that body by unanimous consent. I hope that we can do the same today
and swiftly send this to the President's desk for his signature.
Mr. Speaker, I urge my colleagues to join me in supporting the
passage of S. 2030.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Upton) that the House suspend the rules
and pass the bill, S. 2030.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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