[House Report 113-574]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-574
======================================================================
EPS SERVICE PARTS ACT OF 2014
_______
September 8, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 5057]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 5057) to amend the Energy Policy and
Conservation Act to permit exemptions for external power
supplies from certain efficiency standards, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 5057, the ``EPS Service Parts Act of 2014,'' was
introduced by Reps. Gardner (R-CO) and Tonko (D-NY) on July 10,
2014. The legislation amends the Energy Policy and Conservation
Act (EPCA) to permit exemptions for certain external power
supply (EPS) service and spare parts from Department of Energy
(DOE) efficiency standards. DOE is provided the authority to
establish limited reporting requirements and modifications to
prevent potential misuse of the exemption.
Background and Need for Legislation
External power supplies are the AC power adapters that
convert household electricity to much lower DC voltages needed
to charge laptops, small desktops, tablets, networking
products, and mobile phones. EPS are subject to Federal energy
efficiency standards. However, spare and replacement parts for
EPS were exempted from the original standards pursuant to the
Energy Independence and Security Act of 2007 (EISA).
Specifically, in EISA, Congress provided that from July 1, 2008
through June 30, 2015, the DOE efficiency standards would not
apply to EPS made available as service or spare replacement
parts for end-use products manufactured before July 1, 2008.
But Congress did not provide authority for DOE to create
similar exemptions for spare parts when DOE updated the
standards for external power supplies.
DOE subsequently updated the EPS standards, issuing a Final
Rule on February 10, 2014. During the comment period, a number
of commenters urged DOE to extend the exemption provided in
EISA for the 2008 through 2015 period. DOE responded to these
comments by stating that current statute:
[D]oes not grant DOE with the authority to expand or
extend the length of this exemption and Congress did
not grant DOE with the general authority to exempt any
already covered product from the requirements set by
Congress. Accordingly, DOE cannot grant the relief
sought by these commenters.
H.R. 5057 provides a four-year exemption for such parts
manufactured after the effective date of the new standards
adopted by DOE on February 10, 2014, and also provides the
Secretary discretionary authority to issue similar exemptions
for service and spare parts in future amendments of the EPS
standards. The legislation will allow continued production of
replacement chargers and other EPS equipment for use with
equipment manufactured before the effective date of the new EPS
efficiency standards.
Supporters of the Legislation
Supporters of H.R. 5057 include:
Alliance to Save Energy,
American Council for an Energy-Efficient
Economy, Association of Home Appliance Manufacturers,
Consumers Electronic Association,
Information Technology Industry Council,
National Electrical Manufacturers
Association, and
Natural Resources Defense Council.
Hearings
The Committee on Energy and Commerce has not held hearings
on the legislation.
Committee Consideration
On July 14 and 15, 2014, the Committee on Energy and
Commerce met in open markup session. The Committee ordered H.R.
5057 favorably reported to the House of Representatives,
without amendment, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 5057 reported. A motion by Mr. Upton to order H.R. 5057
reported to the House, without amendment, was agreed to by a
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee made findings that are
reflected in this report.
Statement of General Performance Goals and Objectives
H.R. 5057 amends EPCA to permit exemptions for certain EPS
service and spare parts from DOE efficiency standards. DOE
maintains the authority to include limited reporting
requirements and modifications to prevent potential misuse of
the exemption.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5057 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 5057 contains no earmarks, limited tax
benefits, or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 23, 2014.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5057, the EPS
Service Parts Act of 2014.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 5057--EPS Service Parts Act of 2014
The Department of Energy (DOE) prescribes energy
conservation standards for more than 50 categories of
appliances and equipment. H.R. 5057 would exempt certain
external power supplies from complying with standards set forth
in a final rule published in February 2014. (An external power
supply is a hardware component that converts household electric
current into lower-voltage current used to operate devices such
as laptops and smartphones.) The bill would authorize DOE to
limit the applicability of that exemption if the Secretary
finds that the exemption would result in a significant
reduction in energy savings that would otherwise result if the
February 2014 rule were fully implemented.
CBO estimates that enacting H.R. 5057 would not
significantly affect the federal budget. Based on information
from DOE, we estimate that any costs incurred by the agency to
carry out the bill's provisions would total less than $500,000
annually and would be subject to the availability of
appropriated funds. H.R. 5057 would not affect direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 5057 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 5057 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 5057
specifically directs no rule makings within the meaning of 5
U.S.C. 551 to be completed.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 provides the short title for the legislation, the
``EPS Service Parts Act of 2014.''
Section 2. Exempt supplies
Section 2 adds a new paragraph (5) to section 325(u) of
ECPA that establishes a four-year exemption from the 2014 DOE
efficiency standards for EPS service and spare parts, which
would still be required to meet the 2007 standards.
The provision permits DOE to establish limited reporting
requirements that will allow DOE to detect potential misuse of
the exemption. DOE is provided authority to limit the
exemption, after notice and comment, if the Secretary
determines the exemption is resulting in a significant
reduction of the energy savings that otherwise would have been
achieved from the standard.
New section 325(u)(5)(B) provides DOE with authority to
establish a similar service and spare parts exemption as part
of any future amended EPS efficiency standard, along with
authority for a limited reporting requirement.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
ENERGY POLICY AND CONSERVATION ACT
* * * * * * *
TITLE III--IMPROVING ENERGY EFFICIENCY
* * * * * * *
Part B--Energy Conservation Program for Consumer Products Other Than
Automobiles
* * * * * * *
energy conservation standards
Sec. 325. (a) * * *
* * * * * * *
(u) Battery Charger and External Power Supply Electric Energy
Consumption.--(1) * * *
* * * * * * *
(5) Exempt supplies.--
(A) February 10, 2014, rule.--
(i) In general.--An external power
supply shall not be subject to the
final rule entitled ``Energy
Conservation Program: Energy
Conservation Standards for External
Power Supplies'', published at 79 Fed.
Reg. 7845 (February 10, 2014), if the
external power supply--
(I) is manufactured during
the period beginning on
February 10, 2016, and ending
on February 10, 2020;
(II) is marked in accordance
with the External Power Supply
International Efficiency
Marking Protocol, as in effect
on February 10, 2016;
(III) meets, where
applicable, the standards under
paragraph (3)(A), and has been
certified to the Secretary as
meeting International
Efficiency Level IV or higher
of the External Power Supply
International Efficiency
Marking Protocol, as in effect
on February 10, 2016; and
(IV) is made available by the
manufacturer as a service part
or a spare part for an end-use
product that--
(aa) constitutes the
primary load; and
(bb) was manufactured
before February 10,
2016.
(ii) Reporting.--The Secretary may
require manufacturers of products
exempted pursuant to clause (i) to
report annual total units shipped as
service and spare parts that are not
International Efficiency Level VI or
higher.
(iii) Limitation of exemption.--The
Secretary may issue a rule, after
providing public notice and opportunity
for public comment, to limit the
applicability of the exemption
established under clause (i) if the
Secretary determines that the exemption
is resulting in a significant reduction
of the energy savings that would
otherwise result from the final rule
described in such clause.
(B) Amended standards.--
(i) In general.--The Secretary may
exempt an external power supply from
any amended standard under this
subsection if the external power
supply--
(I) is manufactured within
four years of the compliance
date of the amended standard;
(II) complies with applicable
marking requirements adopted by
the Secretary prior to the
amendment;
(III) meets the standards
that were in effect prior to
the amendment; and
(IV) is made available by the
manufacturer as a service part
or a spare part for an end-use
product that--
(aa) constitutes the
primary load; and
(bb) was manufactured
before the compliance
date of the amended
standard.
(ii) Reporting.--The Secretary may
require manufacturers of a product
exempted pursuant to clause (i) to
report annual total units shipped as
service and spare parts that do not
meet the amended standard.
* * * * * * *