[House Report 118-432]
[From the U.S. Government Publishing Office]


118th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     118-432

======================================================================



 
                   HANDS OFF OUR HOME APPLIANCES ACT

                                _______
                                

 March 26, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 6192]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 6192) to amend the Energy Policy and 
Conservation Act to prohibit the Secretary of Energy from 
prescribing any new or amended energy conservation standard for 
a product that is not technologically feasible and economically 
justified, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Committee Action.................................................     7
Committee Votes..................................................     7
Oversight Findings and Recommendations...........................    10
New Budget Authority, Entitlement Authority, and Tax Expenditures    10
Congressional Budget Office Estimate.............................    10
Federal Mandates Statement.......................................    11
Statement of General Performance Goals and Objectives............    11
Duplication of Federal Programs..................................    12
Related Committee and Subcommittee Hearings......................    12
Committee Cost Estimate..........................................    12
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......    12
Advisory Committee Statement.....................................    12
Applicability to Legislative Branch..............................    12
Section-by-Section Analysis of the Legislation...................    13
Changes in Existing Law Made by the Bill, as Reported............    13
Minority Views...................................................    64

    The amendment is as follows:
  Strike out all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hands Off Our Home Appliances Act''.

SEC. 2. PRESCRIBING NEW OR AMENDED ENERGY CONSERVATION STANDARDS.

  (a) Amendment of Standards.--
          (1) In general.--Section 325(m)(1) of the Energy Policy and 
        Conservation Act (42 U.S.C. 6295(m)(1)) is amended to read as 
        follows:
          ``(1) In general.--The Secretary may, for any product, 
        publish a notice of proposed rulemaking including new proposed 
        standards for such product based on the criteria established 
        under subsection (o) and the procedures established under 
        subsection (p).''.
          (2) Amendment of standard.--Section 325(m)(3) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6295(m)(3)) is amended 
        to read as follows:
          ``(3) Amendment of standard.--Not later than 2 years after a 
        notice is issued under paragraph (1), the Secretary shall 
        publish a final rule amending the standard for the product.''.
  (b) Petition for Amended Standard.--Section 325(n) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(n)) is amended--
          (1) in the subsection heading, by striking ``an Amended 
        Standard'' and inserting ``Amendment or Revocation of 
        Standard'';
          (2) in paragraph (1), by inserting ``or revoked'' after 
        ``should be amended'';
          (3) by amending paragraph (2) to read as follows:
  ``(2) The Secretary shall grant a petition to determine if energy 
conservation 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.''; and
          (4) in paragraph (4)--
                  (A) by striking ``New or amended standards.'' and 
                inserting ``New, amended, or revoked standards.'';
                  (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively (and by conforming 
                the margins accordingly);
                  (C) by striking ``Not later than 3 years'' and 
                inserting the following:
                  ``(A) Not later than 3 years''; and
                  (D) by adding at the end the following:
                  ``(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.''.
  (c) Criteria.--Paragraphs (2) and (3) of section 325(o) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(o)) are amended to read as 
follows:
          ``(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 energy 
                efficiency, or, in the case of showerheads, faucets, 
                water closets, or urinals, water efficiency, which the 
                Secretary determines is technologically feasible and 
                economically justified.
                  ``(B) Test procedures.--The Secretary may not 
                prescribe a new or amended energy conservation standard 
                under this section for a type (or class) of covered 
                product if a test procedure has not been prescribed 
                pursuant to section 323 with respect to that type (or 
                class) of product.
                  ``(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--
                          ``(i) energy; or
                          ``(ii) in the case of showerheads, faucets, 
                        water closets, or urinals, 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.
          ``(3) Factors for determination.--
                  ``(A) Economic analysis.--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--
                                  ``(I) costs to low-income households; 
                                and
                                  ``(II) variations in costs to 
                                consumers based on differences in 
                                regions, including 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.
                  ``(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) Criteria related to market competition and 
                price discrimination.--The Secretary may not determine 
                that imposition of an energy conservation standard is 
                economically justified unless the Secretary determines 
                that imposition of the energy conservation standard is 
                not likely to result in--
                          ``(i) any lessening of market competition; or
                          ``(ii) price discrimination.
                  ``(F) Technological innovation.--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 is not likely to result in the unavailability 
                in the United States of a type (or class) of products 
                based on what type of fuel the product consumes.
                  ``(G) Other considerations.--In determining whether 
                imposition of an energy conservation standard is 
                economically justified, the Secretary--
                          ``(i) shall prioritize the interests of 
                        consumers;
                          ``(ii) may not consider estimates of the 
                        social costs or social benefits associated with 
                        incremental greenhouse gas emissions; and
                          ``(iii) shall consider--
                                  ``(I) the economic impact of the 
                                standard on the manufacturers and on 
                                the consumers of the products subject 
                                to such standard;
                                  ``(II) the savings in operating costs 
                                throughout the estimated average life 
                                of the covered product in the type (or 
                                class) compared to any increase in the 
                                price of, or in the initial charges 
                                for, or maintenance expenses of, the 
                                covered products which are likely to 
                                result from the imposition of the 
                                standard;
                                  ``(III) the total projected amount of 
                                energy, or as applicable, water, 
                                savings likely to result directly from 
                                the imposition of the standard;
                                  ``(IV) the need for national energy 
                                and water conservation; and
                                  ``(V) other factors the Secretary 
                                considers relevant.
          ``(H) Regulatory review.--
                  ``(i) Evaluation.--Not later than 2 years after the 
                issuance of any final rule prescribing a new or amended 
                energy conservation standard under this section for any 
                type (or class) of covered product, the Secretary shall 
                evaluate the rule to determine whether such energy 
                conservation standard is technologically feasible and 
                economically justified and whether the regulatory 
                impact analysis for such rule remains accurate.
                  ``(ii) Effect.--Notwithstanding any other provision 
                of this part, if the Secretary determines, based on an 
                evaluation under clause (i), that an energy 
                conservation standard is not technologically feasible 
                or economically justified--
                          ``(I) the Secretary shall publish such 
                        determination and such energy conservation 
                        standard shall have no force or effect (except 
                        that such energy conservation standard shall be 
                        considered to be in effect for purposes of 
                        section 327); and
                          ``(II) the Secretary may publish a final rule 
                        amending the energy conservation standard for 
                        the type (or class) of covered product to be 
                        technologically feasible and economically 
                        justified in accordance with this subsection, 
                        which amendment shall apply to such a product 
                        that is manufactured after the date that is 2 
                        years after publication of such final rule.''.

SEC. 3. CONFORMING AMENDMENTS.

  (a) Regional Standards.--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''.
  (b) Procedure for Prescribing New or Amended Standards.--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)''.
  (c) Energy Conservation Standards for High-Intensity Discharge Lamps, 
Distribution Transformers, and Small Electric Motors.--Section 346 of 
the Energy Policy and Conservation Act (42 U.S.C. 6317) is amended by 
striking subsection (c).

                          Purpose and Summary

    H.R. 6192, the ``Hands Off Our Home Appliances Act'' was 
introduced by Representative Lesko (R-AZ) on December 5, 2023. 
This legislation would amend the Energy Policy and Conservation 
Act (EPCA) to reform the Department of Energy's (DOE's) 
procedures for issuing energy efficiency standards by 
prohibiting the Secretary of Energy from prescribing any new or 
amended energy conservation standard for a product that is not 
technologically feasible and economically justified.

                  Background and Need for Legislation

    In 1975, Congress enacted EPCA with the goal of increasing 
domestic energy production and supply, reducing demand, 
encouraging more efficient use of energy, and to improve energy 
security.\1\ DOE's Appliance and Equipment Standards Program 
was authorized by EPCA in 1975. The program sets minimum energy 
efficiency standards for approximately 60 product categories. 
These standards were initially nonbinding targets until 1978, 
when Congress amended EPCA and authorized the Secretary of 
Energy to set binding standards through regulations. Title III 
of EPCA established the requirements for standards that remain 
in effect today. For a new standard to be promulgated, DOE must 
find that the standard would be cost-effective and result in 
significant savings.
---------------------------------------------------------------------------
    \1\42 U.S.C. Sec. 6201.
---------------------------------------------------------------------------
    Standards and test procedures under EPCA are set utilizing 
rulemaking processes. EPCA sets forth specific procedural 
requirements for energy conservation standards. These 
rulemakings generally take about three years to complete and 
include four phases: (1) framework, (2) preliminary analysis, 
(3) notice of proposed rulemaking (NOPR), and (4) issuance of 
final rule. The test procedures that are used to certify 
compliance with the standard are also set by a rulemaking. 
Congress mandated specific test procedures for certain products 
and equipment and authorized the DOE to prescribe test 
procedures. DOE is required to review test procedures for 
covered products\2\ and equipment\3\ at least once every seven 
years.
---------------------------------------------------------------------------
    \2\42 U.S.C. Sec. 6293.
    \3\42 U.S.C. Sec. 6314.
---------------------------------------------------------------------------
    The DOE must also follow specific statutory criteria for 
prescribing new or amended standards for covered products and 
covered equipment. Covered products include refrigerators, 
kitchen ranges and ovens, water heaters, dishwashers, clothes 
washers and dryers, television sets, general service 
incandescent lamps, and showerheads.\4\ Covered equipment 
includes, but is not limited to, electric motors and pumps, 
commercial refrigerators, automatic commercial ice makers, 
walk-in freezers, and commercial clothes washers.\5\
---------------------------------------------------------------------------
    \4\42 U.S.C. Sec. 6292(a).
    \5\42 U.S.C. Sec. 6312.
---------------------------------------------------------------------------
    DOE is required to review energy efficiency standards of 
covered products no later than six years after the issuance of 
a final rule. DOE is required either to publish a determination 
that the standard does not need amending or issue a NOPR 
including a new proposed standard.\6\ The DOE may only propose 
a new standard if the new standard results in a significant 
conservation of energy, is technologically feasible, and 
economically justified. EPCA prescribes factors the Secretary 
of Energy must consider when determining whether a standard is 
economically justified.\7\
---------------------------------------------------------------------------
    \6\42 U.S.C. Sec. 6295(m)(1).
    \7\42 U.S.C. Sec. 6295(o)(2)(B)(i).
---------------------------------------------------------------------------
    The underlying law, EPCA, simply requires the DOE propose a 
new standard if, and only if, the standard is technologically 
feasible, economically justified, and results in a significant 
conservation of energy. If the DOE reviews the minimum 
efficiency standards and finds that those requirements are met, 
the DOE may not propose a more stringent standard, but instead 
publish a determination that the standard does not need 
amending. EPCA also includes consumer protection measures built 
into the statute that the Committee finds the DOE has 
downplayed. This Committee also finds the DOE has ignored the 
statutory option of declining to set a standard when 
appropriate.
    The Committee has found the DOE has acted outside the scope 
of its authority to pursue an energy conservation and 
efficiency agenda. For example, the U.S. Court of Appeals for 
the Fifth Circuit recently found DOE abused its authority to 
regulate the water use in dishwashers and clothes washers. EPCA 
allows the DOE to regulate energy use by some products and 
water use by others. The Fifth Circuit found that although it 
may seem apparent that EPCA gave DOE power to regulate energy 
use for energy-using appliances (like dishwashers and washing 
machines) or water use for non-energy-using appliances (like 
showerheads, faucets, water closets, and urinals), nothing in 
EPCA indicates Congress gave DOE the power to regulate water 
use for energy-using appliances, like dishwashers and washing 
machines. The Court found DOE's assertion of regulatory 
jurisdiction over water usage in dishwashers and clothes 
washers is ``not in accordance with the law'' and is ``in 
excess of statutory . . . authority.''\8\ The Court found the 
rule ``arbitrary and capricious'' and sent it back to the DOE 
to address the issue. This ruling reflects the DOE's pattern of 
exceeding the scope of its authority under EPCA to enact 
aggressive energy conservation and efficiency standards and the 
ruling implies the DOE may be far more limited with respect to 
the regulation of water usage in appliances.
---------------------------------------------------------------------------
    \8\State of Louisiana v. Department of Energy (DOE), (5th Cir. 
2024).
---------------------------------------------------------------------------
    The Committee has found that multiple recently proposed and 
finalized rules do not save a significant amount of energy and 
are not cost-effective. Furthermore, at the Biden 
administration's direction, DOE has proposed standards that 
discourage the use of natural gas in favor of the 
electrification of appliances, regardless of the cost or 
availability to the consumer.\9\ This has resulted in proposed 
efficiency standards that violate EPCA as they are not 
technologically feasible or economically viable. The Committee 
finds this legislation is necessary to clarify the process for 
setting standards, and to protect consumers from Federal 
mandates that increase costs, fail to result in significant 
energy savings, are not technologically feasible, or eliminate 
performance features or product choices.
---------------------------------------------------------------------------
    \9\White House, ``Fact Sheet: New Innovation Agenda Will Electrify 
Homes, Businesses, and Transportation to Lower Energy Bills and Achieve 
Climate Goals,'' December 14, 2022, https://www.whitehouse.gov/ostp/
news-updates/2022/12/14/fact-sheet-new-innovation-agendawill-electrify-
homes-businesses-and-transportation-to-lower-energy-bills-and-achieve-
climategoals/.
---------------------------------------------------------------------------

                            Committee Action

    On September 13, 2023, the Subcommittee on Energy, Climate, 
and Grid Security held a hearing on a discussion draft of H.R. 
6192. The title of the hearing is ``Keeping the Lights On: 
Enhancing Reliability and Efficiency to Power American Homes.'' 
The Subcommittee received testimony from:
           Gene Rodrigues, Assistant Secretary for 
        Electricity, Office of Electricity, U.S. Department of 
        Energy;
           David Ortiz, Director, Office of Electric 
        Reliability, Federal Energy Regulatory Commission;
           Kevin Messner, Executive Vice President and 
        Chief Policy Officer, Association of Home Appliance 
        Manufacturers;
           B. Robert Paulling, President and Chief 
        Executive Officer, Mid-Carolina Electric Cooperative on 
        behalf of the National Rural Electrical Cooperatives 
        Association;
           Ben Lieberman, Senior Fellow, Competitive 
        Enterprise Institute; and,
           Andrew deLaski, Executive Director, 
        Appliance Standards Awareness Project.
    On October 24 and 25, 2023, the Subcommittee on Energy, 
Climate, and Grid Security met in open markup session and 
forwarded a discussion draft of H.R. 6192, without amendment, 
to the full Committee by a record vote of 16 yeas and 11 nays.
    On December 5 and 6, 2023, the full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 6192, as 
amended, favorably reported to the House by a record vote of 26 
yeas and 20 nays.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held a hearing and made findings that 
are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 6192 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, the following is 
the cost estimate provided by the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974:

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 6192 would amend the Energy Policy and Conservation 
Act to change the procedures for the Department of Energy (DOE) 
to issue or revise its energy and water conservation standards 
for various appliances and equipment.
    Primarily, the bill would:
           Eliminate DOE's requirement to periodically 
        update energy conservation standards and instead 
        authorize DOE to amend those standards on an as needed 
        basis;
           Establish a new process for the public to 
        petition that specific energy conservation standards 
        should be revoked or revised, under condition specified 
        in the bill; and
           Amend the criteria for determining whether 
        an energy conservation standard is economically 
        justified.
    Federal costs: Implementing H.R. 6192 could affect DOE's 
spending on activities related to regulating energy 
conservation standards, which is subject to the availability of 
appropriated funds.
    Implementing the bill could increase such costs by 
requiring DOE to review petitions to revoke standards and 
regularly evaluate whether those standards are economically 
justified.
    DOE's costs to regulate the affected products also could 
decrease if the department chooses to update energy 
conservation standards less often than under current law. 
Accordingly, CBO estimates that implementing H.R. 6192 would 
change spending subject to appropriation on net by less than 
$500,000 over the 2024-2029 period. In 2023, DOE allocated $60 
million to regulate standards for appliances and equipment.
    Currently, there are more than 30 energy conservation 
standards in the regulatory review process. CBO cannot predict 
how any of those proposed regulations would be affected by H.R. 
6192; however, if the bill's requirements change how DOE 
implements those rules, that could slow demand for the Home 
Electrification and Appliance Rebates program. (That program is 
classified as direct spending in the budget.) CBO expects that 
any slowdown in demand of the rebates would not change the 
total amount of rebates taken over the life of the program. On 
the basis, CBO estimates the enacting H.R. 6192 would reduce 
direct spending by less that $500,000 over the 2024-2029 period 
but would not affect total direct spending over the 2024-2034 
period.
    Mandates: H.R. 6192 would impose an intergovernmental 
mandate as defined in the Unfunded Mandates Reform Act (UMRA) 
by prohibiting state and local governments from enforcing their 
own energy and water conservation standards on the 
manufacturers of appliances previously regulated by DOE. CBO 
estimates the cost of the mandate would not result in 
additional expenditures or losses in revenue, and therefore, 
would not exceed the annual threshold established in UMRA for 
intergovernmental mandates ($100 million in 2024, adjusted 
annually for inflation).
    The bill would not impose private-sector mandates as 
defined in UMRA.
    The CBO staff contacts for this estimate are Aaron Krupkin 
(for federal costs) and Brandon Lever (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       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.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to protect 
consumers from Federal mandates that increase costs and fail to 
result in significant savings by prohibiting the Secretary of 
Energy from prescribing any new or amendment energy 
conservation standard for a product that is not technologically 
feasible and economically justified.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 6192 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

              Related Committee and Subcommittee Hearings

    Pursuant to clause 3(c)(6) of rule XIII, the following 
related hearing was used to develop or consider H.R. 6192:
           On September 13, 2023, the Subcommittee on 
        Energy, Climate, and Grid Security held a hearing on a 
        discussion draft of H.R. 6192. The title of the hearing 
        is ``Keeping the Lights On: Enhancing Reliability and 
        Efficiency to Power American Homes.'' The Subcommittee 
        received testimony from:
                   Gene Rodrigues, Assistant 
                Secretary for Electricity, Office of 
                Electricity, U.S. Department of Energy;
                   David Ortiz, Director, Office of 
                Electric Reliability, Federal Energy Regulatory 
                Commission;
                   Kevin Messner, Executive Vice 
                President and Chief Policy Officer, Association 
                of Home Appliance Manufacturers;
                   B. Robert Paulling, President 
                and Chief Executive Officer, Mid-Carolina 
                Electric Cooperative on behalf of the National 
                Rural Electrical Cooperatives Association;
                   Ben Lieberman, Senior Fellow, 
                Competitive Enterprise Institute; and,
                   Andrew deLaski, Executive 
                Director, Appliance Standards Awareness 
                Project.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, 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.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 6192 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      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 that the Act may be cite as the ``Hands 
Off Our Home Appliances.''

Section 2. Prescribing new or amended energy conservation standards

    Section 2(a) amends Section 325(m)(1) of EPCA to eliminate 
the existing requirement that, six years after issuance of any 
final rule, the Secretary must issue a new proposed rulemaking 
or publish a notice that the product standard need not be 
amended. It would instead allow the Secretary to publish a 
notice of proposed rulemaking at any point based on the 
criteria of subsection (o) and the procedures under subsection 
(p).
    Section 2(b) amends section 325(n) of EPCA to allow the 
Secretary to amend or revoke a standard if the Secretary finds 
the new standard results in additional cost to consumers, does 
not result in significant conservation of energy or water, is 
not technologically feasible; and results in the covered 
product not being commercially available in the United States. 
As indicated in the legislation, the Committee intends federal 
preemption to remain when a standard is revoked.
    Section 2(c) amends Section 325(o) of EPCA to clarify the 
criteria for prescribing new or amended efficiency standards. 
This section requires the imposition of a new standard to be 
technologically feasible and economically justified and lays 
out several new factors the DOE must consider in making this 
determination. For example, the Economic Analysis requires DOE 
to consider the cost to low-income households, and the full 
lifecycle costs associated with requiring consumers to purchase 
a new qualifying appliance. The bill defines a minimum 
threshold for energy or water savings that must be achieved to 
justify a new regulation. It also would only allow the 
Secretary to determine the imposition of a new standard as 
being economically justifiable if it is not likely to result in 
the unavailability in the United States of a type (or class) of 
products based in the type of fuel that product consumes.
    Section 2(c) is intended to address and protect the 
interest of consumers by requiring the Secretary to consider 
the interests, economic impact to consumers, and total savings 
in determining whether a standard is economically justified. 
This section also authorizes the Secretary to review a final 
rule, no later than 2 years after its issuance, to evaluate if 
the standard remains technologically feasible and economically 
justified. If the Secretary finds the rule does not remain 
feasible or justified, the Secretary may determine the rule has 
no force or effect. If the Secretary makes this determination, 
the Committee intends federal preemption to remain.

Section 3. Conforming amendments

    Section 3 includes conforming changes to EPCA.

         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 (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, 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) Purposes.--The purposes of this section are 
to--
          (1) provide Federal energy conservation standards 
        applicable to covered products; and
          (2) authorize the Secretary to prescribe amended or 
        new energy conservation standards for each type (or 
        class) of covered product.
  (b) Standards for Refrigerators, Refrigerator-Freezers, and 
Freezers.--(1) The following is the maximum energy use allowed 
in kilowatt hours per year for the following products (other 
than those described in paragraph (2)) manufactured on or after 
January 1, 1990:

                                                        Energy Standards
                                                               Equations
Refrigerators and Refrigerator-Freezers with manual 
    defrost.............................................     16.3 AV+316
Refrigerator-Freezers--partial automatic defrost........     21.8 AV+429
Refrigerator-Freezers--automatic defrost with:
    Top mounted freezer without ice.....................     23.5 AV+471
    Side mounted freezer without ice....................     27.7 AV+488
    Bottom mounted freezer without ice..................     27.7 AV+488
    Top mounted freezer with through the door ice 
      service...........................................     26.4 AV+535
    Side mounted freezer with through the door ice......     30.9 AV+547
Upright Freezers with:
    Manual defrost......................................     10.9 AV+422
    Automatic defrost...................................     16.0 AV+623
Chest Freezers and all other freezers...................     14.8 AV+223

  (2) The standards described in paragraph (1) do not apply to 
refrigerators and refrigerator-freezers with total refrigerated 
volume exceeding 39 cubic feet or freezers with total 
refrigerated volume exceeding 30 cubic feet.
  (3)(A)(i) The Secretary shall publish a proposed rule, no 
later than July 1, 1988, to determine if the standards 
established by paragraph (1) should be amended. The Secretary 
shall publish a final rule no later than July 1, 1989, which 
shall contain such amendment, if any, and provide that the 
amendment shall apply to products manufactured on or after 
January 1, 1993. If such a final rule is not published before 
January 1, 1990, any amendment of such standards shall apply to 
products manufactured on or after January 1, 1995. Nothing in 
this subsection provides any justification or defense for a 
failure by the Secretary to comply with the nondiscretionary 
duty to publish final rules by the dates stated in this 
paragraph.
  (ii)(I) If the Secretary does not publish a final rule before 
January 1, 1990, relating to the revision of the energy 
conservation standards for refrigerators, refrigerator-freezers 
and freezers, the regulations which established standards for 
such products and were promulgated by the California Energy 
Commission on December 14, 1984, to be effective January 1, 
1992 (or any amendments to such standards that are not more 
stringent than the standards in the original regulations), 
shall apply in California to such products, effective beginning 
January 1, 1993, and shall not be preempted after such 
effective date by any energy conservation standard established 
in this section or prescribed, on or after January 1, 1990, 
under this section.
  (II) If the Secretary does not publish a final rule before 
January 1, 1992, relating to the revision of the energy 
conservation standards for refrigerators, refrigerator-freezers 
and freezers, State regulations which apply to such products 
manufactured on or after January 1, 1995, shall apply to such 
products until the effective date of a rule issued under this 
section with respect to such products.
  (B) After the publication of a final rule under subparagraph 
(A), the Secretary shall publish a final rule no later than 
five years after the date of publication of the previous final 
rule. The Secretary shall determine in such rule whether to 
amend the standards in effect for the products described in 
paragraph (1).
  (C) Any amendment prescribed under subparagraph (B) shall 
apply to products manufactured after a date which is five years 
after--
          (i) the effective date of the previous amendment; or
          (ii) if the previous final rule did not amend the 
        standards, the earliest date by which the previous 
        amendment could have been effective;
except that in no case may any amended standard apply to 
products manufactured within three years after publication of 
the final rule establishing such amended standard.
          (4) Refrigerators and freezers manufactured on or 
        after january 1, 2014.--
                  (A) In general.--Not later than December 31, 
                2010, the Secretary shall publish a final rule 
                determining whether to amend the standards in 
                effect for refrigerators, refrigerator-
                freezers, and freezers manufactured on or after 
                January 1, 2014.
                  (B) Amended standards.--The final rule shall 
                contain any amended standards.
  (c) Standards for Room Air Conditioners.--(1) The energy 
efficiency ratio of room air conditioners shall be not less 
than the following for products manufactured on or after 
January 1, 1990:

    Product Class:                                                 Ratio
        Without Reverse Cycle and With Louvered Sides:
          Less than 6,000 Btu.....................................   8.0
          6,000 to 7,999 Btu......................................   8.5
          8,000 to 13,999 Btu.....................................   9.0
          14,000 to 19,999 Btu....................................   8.8
          20,000 and more Btu.....................................   8.2
        Without Reverse Cycle and Without Louvered Sides:
          Less than 6,000 Btu.....................................   8.0
          6,000 to 7,999 Btu......................................   8.5
          8,000 to 13,999 Btu.....................................   8.5
          14,000 to 19,999 Btu....................................   8.5
          20,000 and more Btu.....................................   8.2
        With Reverse Cycle and With Louvered Sides................   8.5
        With Reverse Cycle, Without Louvered Sides................   8.0

  (2)(A) The Secretary shall publish a final rule no later than 
January 1, 1992, to determine if the standards established 
under paragraph (1) should be amended. Such rule shall contain 
such amendment, if any, and provide that the amendment shall 
apply to products manufactured on or after January 1, 1995.
  (B) After January 1, 1992, the Secretary shall publish a 
final rule no later than five years after the date of 
publication of a previous final rule. The Secretary shall 
determine in such rule whether to amend the standards in effect 
for room air conditioners.
  (C) Any amendment prescribed under subparagraph (B) shall 
apply to products manufactured after a date which is five years 
after--
          (i) the effective date of the previous amendment; or
          (ii) if the previous final rule did not amend the 
        standards, the earliest date by which a previous 
        amendment could have been effective;
except that in no case may any amended standard apply to 
products manufactured within three years after publication of 
the final rule establishing such amended standard.
  (d) Standards for Central Air Conditioners and Heat Pumps.--
(1) The seasonal energy efficiency ratio of central air 
conditioners and central air conditioning heat pumps shall be 
not less than the following:
          (A) Split Systems: 10.0 for products manufactured on 
        or after January 1, 1992.
          (B) Single Package Systems: 9.7 for products 
        manufactured on or after January 1, 1993.
  (2) The heating seasonal performance factor of central air 
conditioning heat pumps shall be not less than the following:
          (A) Split Systems: 6.8 for products manufactured on 
        or after January 1, 1992.
          (B) Single Package Systems: 6.6 for products 
        manufactured on or after January 1, 1993.
  (3)(A) The Secretary shall publish a final rule no later than 
January 1, 1994, to determine whether the standards established 
under paragraph (1) should be amended. Such rule shall contain 
such amendment, if any, and provide that the amendment shall 
apply to products manufactured on or after January 1, 1999. The 
Secretary shall publish a final rule no later than January 1, 
1994, to determine whether the standards established under 
paragraph (2) shall be amended. Such rule shall contain such 
amendment, if any, and provide that the amendment shall apply 
to products manufactured on or after January 1, 2002.
  (B) The Secretary shall publish a final rule after January 1, 
1994, and no later than January 1, 2001, to determine whether 
the standards in effect for central air conditioners and 
central air conditioning heat pumps should be amended. Such 
rule shall provide that any amendment shall apply to products 
manufactured on or after January 1, 2006.
          (4) Standards for through-the-wall central air 
        conditioners, through-the-wall central air conditioning 
        heat pumps, and small duct, high velocity systems.--
                  (A) Definitions.--In this paragraph:
                          (i) Small duct, high velocity 
                        system.--The term ``small duct, high 
                        velocity system'' means a heating and 
                        cooling product that contains a blower 
                        and indoor coil combination that--
                                  (I) is designed for, and 
                                produces, at least 1.2 inches 
                                of external static pressure 
                                when operated at the certified 
                                air volume rate of 220-350 CFM 
                                per rated ton of cooling; and
                                  (II) when applied in the 
                                field, uses high velocity room 
                                outlets generally greater than 
                                1,000 fpm that have less than 
                                6.0 square inches of free area.
                          (ii) Through-the-wall central air 
                        conditioner; through-the-wall central 
                        air conditioning heat pump.--The terms 
                        ``through-the-wall central air 
                        conditioner'' and ``through-the-wall 
                        central air conditioning heat pump'' 
                        mean a central air conditioner or heat 
                        pump, respectively, that is designed to 
                        be installed totally or partially 
                        within a fixed-size opening in an 
                        exterior wall, and--
                                  (I) is not weatherized;
                                  (II) is clearly and 
                                permanently marked for 
                                installation only through an 
                                exterior wall;
                                  (III) has a rated cooling 
                                capacity no greater than 30,000 
                                Btu/hr;
                                  (IV) exchanges all of its 
                                outdoor air across a single 
                                surface of the equipment 
                                cabinet; and
                                  (V) has a combined outdoor 
                                air exchange area of less than 
                                800 square inches (split 
                                systems) or less than 1,210 
                                square inches (single packaged 
                                systems) as measured on the 
                                surface area described in 
                                subclause (IV).
                          (iii) Revision.--The Secretary may 
                        revise the definitions contained in 
                        this subparagraph through publication 
                        of a final rule.
                  (B) Small-duct high-velocity systems.--
                          (i) Seasonal energy efficiency 
                        ratio.--The seasonal energy efficiency 
                        ratio for small-duct high-velocity 
                        systems shall be not less than--
                                  (I) 11.00 for products 
                                manufactured on or after 
                                January 23, 2006; and
                                  (II) 12.00 for products 
                                manufactured on or after 
                                January 1, 2015.
                          (ii) Heating seasonal performance 
                        factor.--The heating seasonal 
                        performance factor for small-duct high-
                        velocity systems shall be not less 
                        than--
                                  (I) 6.8 for products 
                                manufactured on or after 
                                January 23, 2006; and
                                  (II) 7.2 for products 
                                manufactured on or after 
                                January 1, 2015.
                  (C) Subsequent rulemakings.--The Secretary 
                shall conduct subsequent rulemakings for 
                through-the-wall central air conditioners, 
                through-the-wall central air conditioning heat 
                pumps, and small duct, high velocity systems as 
                part of any rulemaking under this section used 
                to review or revise standards for other central 
                air conditioners and heat pumps.
  (e) Standards for Water Heaters; Pool Heaters; Direct Heating 
Equipment.--(1) The energy factor of water heaters shall be not 
less than the following for products manufactured on or after 
January 1, 1990:


(A) Gas Water Heater:                                .62-(.0019 x Rated
                                                      Storage Volume in
                                                      gallons)
(B) Oil Water Heater:                                .59-(.0019 x Rated
                                                      Storage Volume in
                                                      gallons)
(C) Electric Water Heater:                           .95-(.00132 x Rated
                                                      Storage Volume in
                                                      gallons)
 

  (2) The thermal efficiency of pool heaters manufactured on or 
after January 1, 1990, shall not be less than 78 percent.
  (3) The efficiencies of gas direct heating equipment 
manufactured on or after January 1, 1990, shall be not less 
than the following:

Wall
  Fan type
        Up to 42,000 Btu/hour...........................        73% AFUE
        Over 42,000 Btu/hour............................        74% AFUE
Gravity type
        Up to 10,000 Btu/hour...........................        59% AFUE
        Over 10,000 Btu/hour up to 12,000 Btu/hour......        60% AFUE
        Over 12,000 Btu/hour up to 15,000 Btu/hour......        61% AFUE
        Over 15,000 Btu/hour up to 19,000 Btu/hour......        62% AFUE
        Over 19,000 Btu/hour up to 27,000 Btu/hour......        63% AFUE
        Over 27,000 Btu/hour up to 46,000 Btu/hour......        64% AFUE
        Over 46,000 Btu/hour............................        65% AFUE
Floor
        Up to 37,000 Btu/hour...........................        56% AFUE
        Over 37,000 Btu/hour............................        57% AFUE
Room
        Up to 18,000 Btu/hour...........................        57% AFUE
        Over 18,000 Btu/hour up to 20,000 Btu/hour......        58% AFUE
        Over 20,000 Btu/hour up to 27,000 Btu/hour......        63% AFUE
        Over 27,000 Btu/hour up to 46,000 Btu/hour......        64% AFUE
        Over 46,000 Btu/hour............................        65% AFUE

  (4)(A) The Secretary shall publish final rules no later than 
January 1, 1992, to determine whether the standards established 
by paragraph (1), (2), or (3) for water heaters, pool heaters, 
and direct heating equipment should be amended. Such rule shall 
provide that any amendment shall apply to products manufactured 
on or after January 1, 1995.
  (B) The Secretary shall publish a final rule no later than 
January 1, 2000, to determine whether standards in effect for 
such products should be amended. Such rule shall provide that 
any such amendment shall apply to products manufactured on or 
after January 1, 2005.
          (5) Uniform efficiency descriptor for covered water 
        heaters.--
                  (A) Definitions.--In this paragraph:
                          (i) Covered water heater.--The term 
                        ``covered water heater'' means--
                                  (I) a water heater; and
                                  (II) a storage water heater, 
                                instantaneous water heater, and 
                                unfired hot water storage tank 
                                (as defined in section 340).
                          (ii) Final rule.--The term ``final 
                        rule'' means the final rule published 
                        under this paragraph.
                  (B) Publication of final rule.--Not later 
                than 1 year after the date of enactment of this 
                paragraph, the Secretary shall publish a final 
                rule that establishes a uniform efficiency 
                descriptor and accompanying test methods for 
                covered water heaters.
                  (C) Purpose.--The purpose of the final rule 
                shall be to replace with a uniform efficiency 
                descriptor--
                          (i) the energy factor descriptor for 
                        water heaters established under this 
                        subsection; and
                          (ii) the thermal efficiency and 
                        standby loss descriptors for storage 
                        water heaters, instantaneous water 
                        heaters, and unfired water storage 
                        tanks established under section 
                        342(a)(5).
                  (D) Effect of final rule.--
                          (i) In general.--Notwithstanding any 
                        other provision of this title, 
                        effective beginning on the effective 
                        date of the final rule, the efficiency 
                        standard for covered water heaters 
                        shall be denominated according to the 
                        efficiency descriptor established by 
                        the final rule.
                          (ii) Effective date.--The final rule 
                        shall take effect 1 year after the date 
                        of publication of the final rule under 
                        subparagraph (B).
                  (E) Conversion factor.--
                          (i) In general.--The Secretary shall 
                        develop a mathematical conversion 
                        factor for converting the measurement 
                        of efficiency for covered water heaters 
                        from the test procedures in effect on 
                        the date of enactment of this paragraph 
                        to the new energy descriptor 
                        established under the final rule.
                          (ii) Application.--The conversion 
                        factor shall apply to models of covered 
                        water heaters affected by the final 
                        rule and tested prior to the effective 
                        date of the final rule.
                          (iii) Effect on efficiency 
                        requirements.--The conversion factor 
                        shall not affect the minimum efficiency 
                        requirements for covered water heaters 
                        otherwise established under this title.
                          (iv) Use.--During the period 
                        described in clause (v), a manufacturer 
                        may apply the conversion factor 
                        established by the Secretary to rerate 
                        existing models of covered water 
                        heaters that are in existence prior to 
                        the effective date of the rule 
                        described in clause (v)(II) to comply 
                        with the new efficiency descriptor.
                          (v) Period.--Clause (iv) shall apply 
                        during the period--
                                  (I) beginning on the date of 
                                publication of the conversion 
                                factor in the Federal Register; 
                                and
                                  (II) ending on the later of 1 
                                year after the date of 
                                publication of the conversion 
                                factor, or December 31, 2015.
                  (F) Exclusions.--The final rule may exclude a 
                specific category of covered water heaters from 
                the uniform efficiency descriptor established 
                under this paragraph if the Secretary 
                determines that the category of water heaters--
                          (i) does not have a residential use 
                        and can be clearly described in the 
                        final rule; and
                          (ii) are effectively rated using the 
                        thermal efficiency and standby loss 
                        descriptors applied (as of the date of 
                        enactment of this paragraph) to the 
                        category under section 342(a)(5).
                  (G) Options.--The descriptor set by the final 
                rule may be--
                          (i) a revised version of the energy 
                        factor descriptor in use as of the date 
                        of enactment of this paragraph;
                          (ii) the thermal efficiency and 
                        standby loss descriptors in use as of 
                        that date;
                          (iii) a revised version of the 
                        thermal efficiency and standby loss 
                        descriptors;
                          (iv) a hybrid of descriptors; or
                          (v) a new approach.
                  (H) Application.--The efficiency descriptor 
                and accompanying test method established under 
                the final rule shall apply, to the maximum 
                extent practicable, to all water heating 
                technologies in use as of the date of enactment 
                of this paragraph and to future water heating 
                technologies.
                  (I) Participation.--The Secretary shall 
                invite interested stakeholders to participate 
                in the rulemaking process used to establish the 
                final rule.
                  (J) Testing of alternative descriptors.--In 
                establishing the final rule, the Secretary 
                shall contract with the National Institute of 
                Standards and Technology, as necessary, to 
                conduct testing and simulation of alternative 
                descriptors identified for consideration.
                  (K) Existing covered water heaters.--A 
                covered water heater shall be considered to 
                comply with the final rule on and after the 
                effective date of the final rule and with any 
                revised labeling requirements established by 
                the Federal Trade Commission to carry out the 
                final rule if the covered water heater--
                          (i) was manufactured prior to the 
                        effective date of the final rule; and
                          (ii) complied with the efficiency 
                        standards and labeling requirements in 
                        effect prior to the final rule.
          (6) Additional standards for grid-enabled water 
        heaters.--
                  (A) Definitions.--In this paragraph:
                          (i) Activation lock.--The term 
                        ``activation lock'' means a control 
                        mechanism (either a physical device 
                        directly on the water heater or a 
                        control system integrated into the 
                        water heater) that is locked by default 
                        and contains a physical, software, or 
                        digital communication that must be 
                        activated with an activation key to 
                        enable the product to operate at its 
                        designed specifications and 
                        capabilities and without which 
                        activation the product will provide not 
                        greater than 50 percent of the rated 
                        first hour delivery of hot water 
                        certified by the manufacturer.
                          (ii) Grid-enabled water heater.--The 
                        term ``grid-enabled water heater'' 
                        means an electric resistance water 
                        heater that--
                                  (I) has a rated storage tank 
                                volume of more than 75 gallons;
                                  (II) is manufactured on or 
                                after April 16, 2015;
                                  (III) has--
                                          (aa) an energy factor 
                                        of not less than 1.061 
                                        minus the product 
                                        obtained by 
                                        multiplying--
                                                  (AA) the 
                                                rated storage 
                                                volume of the 
                                                tank, expressed 
                                                in gallons; and
                                                  (BB) 0.00168; 
                                                or
                                          (bb) an equivalent 
                                        alternative standard 
                                        prescribed by the 
                                        Secretary and developed 
                                        pursuant to paragraph 
                                        (5)(E);
                                  (IV) is equipped at the point 
                                of manufacture with an 
                                activation lock; and
                                  (V) bears a permanent label 
                                applied by the manufacturer 
                                that--
                                          (aa) is made of 
                                        material not adversely 
                                        affected by water;
                                          (bb) is attached by 
                                        means of non-water-
                                        soluble adhesive; and
                                          (cc) advises 
                                        purchasers and end-
                                        users of the intended 
                                        and appropriate use of 
                                        the product with the 
                                        following notice 
                                        printed in 16.5 point 
                                        Arial Narrow Bold font:
   ``IMPORTANT INFORMATION: This water heater is intended only 
for use as part of an electric thermal storage or demand 
response program. It will not provide adequate hot water unless 
enrolled in such a program and activated by your utility 
company or another program operator. Confirm the availability 
of a program in your local area before purchasing or installing 
this product.''.
                  (B) Requirement.--The manufacturer or private 
                labeler shall provide the activation key for a 
                grid-enabled water heater only to a utility or 
                other company that operates an electric thermal 
                storage or demand response program that uses 
                such a grid-enabled water heater.
                  (C) Reports.--
                          (i) Manufacturers.--The Secretary 
                        shall require each manufacturer of 
                        grid-enabled water heaters to report to 
                        the Secretary annually the quantity of 
                        grid-enabled water heaters that the 
                        manufacturer ships each year.
                          (ii) Operators.--The Secretary shall 
                        require utilities and other demand 
                        response and thermal storage program 
                        operators to report annually the 
                        quantity of grid-enabled water heaters 
                        activated for their programs using 
                        forms of the Energy Information Agency 
                        or using such other mechanism that the 
                        Secretary determines appropriate after 
                        an opportunity for notice and comment.
                          (iii) Confidentiality requirements.--
                        The Secretary shall treat shipment data 
                        reported by manufacturers as 
                        confidential business information.
                  (D) Publication of information.--
                          (i) In general.--In 2017 and 2019, 
                        the Secretary shall publish an analysis 
                        of the data collected under 
                        subparagraph (C) to assess the extent 
                        to which shipped products are put into 
                        use in demand response and thermal 
                        storage programs.
                          (ii) Prevention of product 
                        diversion.--If the Secretary determines 
                        that sales of grid-enabled water 
                        heaters exceed by 15 percent or greater 
                        the quantity of such products activated 
                        for use in demand response and thermal 
                        storage programs annually, the 
                        Secretary shall, after opportunity for 
                        notice and comment, establish 
                        procedures to prevent product diversion 
                        for non-program purposes.
                  (E) Compliance.--
                          (i) In general.--Subparagraphs (A) 
                        through (D) shall remain in effect 
                        until the Secretary determines under 
                        this section that--
                                  (I) grid-enabled water 
                                heaters do not require a 
                                separate efficiency 
                                requirement; or
                                  (II) sales of grid-enabled 
                                water heaters exceed by 15 
                                percent or greater the quantity 
                                of such products activated for 
                                use in demand response and 
                                thermal storage programs 
                                annually and procedures to 
                                prevent product diversion for 
                                non-program purposes would not 
                                be adequate to prevent such 
                                product diversion.
                          (ii) Effective date.--If the 
                        Secretary exercises the authority 
                        described in clause (i) or amends the 
                        efficiency requirement for grid-enabled 
                        water heaters, that action will take 
                        effect on the date described in 
                        subsection (m)(4)(A)(ii).
                          (iii) Consideration.--In carrying out 
                        this section with respect to electric 
                        water heaters, the Secretary shall 
                        consider the impact on thermal storage 
                        and demand response programs, including 
                        any impact on energy savings, electric 
                        bills, peak load reduction, electric 
                        reliability, integration of renewable 
                        resources, and the environment.
                          (iv) Requirements.--In carrying out 
                        this paragraph, the Secretary shall 
                        require that grid-enabled water heaters 
                        be equipped with communication 
                        capability to enable the grid-enabled 
                        water heaters to participate in 
                        ancillary services programs if the 
                        Secretary determines that the 
                        technology is available, practical, and 
                        cost-effective.
  (f) Standards for Furnaces and Boilers.--(1) Furnaces (other 
than furnaces designed solely for installation in mobile homes) 
manufactured on or after January 1, 1992, shall have an annual 
fuel utilization efficiency of not less than 78 percent, except 
that--
          (A) boilers (other than gas steam boilers) shall have 
        an annual fuel utilization efficiency of not less than 
        80 percent and gas steam boilers shall have an annual 
        fuel utilization efficiency of not less than 75 
        percent; and
          (B) the Secretary shall prescribe a final rule not 
        later than January 1, 1989, establishing an energy 
        conservation standard--
                  (i) which is for furnaces (other than 
                furnaces designed solely for installation in 
                mobile homes) having an input of less than 
                45,000 Btu per hour and manufactured on or 
                after January 1, 1992;
                  (ii) which provides that the annual fuel 
                utilization efficiency of such furnaces shall 
                be a specific percent which is not less than 71 
                percent and not more than 78 percent; and
                  (iii) which the Secretary determines is not 
                likely to result in a significant shift from 
                gas heating to electric resistance heating with 
                respect to either residential construction or 
                furnace replacement.
  (2) Furnaces which are designed solely for installation in 
mobile homes and which are manufactured on or after September 
1, 1990, shall have an annual fuel utilization efficiency of 
not less than 75 percent.
          (3) Boilers.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), boilers manufactured on or after 
                September 1, 2012, shall meet the following 
                requirements:


------------------------------------------------------------------------
                                      Minimum Annual
            Boiler Type              Fuel Utilization        Design
                                        Efficiency        Requirements
------------------------------------------------------------------------
Gas Hot Water.....................  82%                No Constant
                                                        Burning Pilot,
                                                        Automatic Means
                                                        for Adjusting
                                                        Water
                                                        Temperature
------------------------------------------------------------------------
 Gas Steam........................  80%                No Constant
                                                        Burning Pilot
------------------------------------------------------------------------
Oil Hot Water.....................  84%                Automatic Means
                                                        for Adjusting
                                                        Temperature
------------------------------------------------------------------------
 Oil Steam........................  82%                None
------------------------------------------------------------------------
Electric Hot Water................  None               Automatic Means
                                                        for Adjusting
                                                        Temperature
------------------------------------------------------------------------
Electric Steam....................  None               None
------------------------------------------------------------------------

                  (B) Automatic means for adjusting water 
                temperature.--
                          (i) In general.--The manufacturer 
                        shall equip each gas, oil, and electric 
                        hot water boiler (other than a boiler 
                        equipped with a tankless domestic water 
                        heating coil) with automatic means for 
                        adjusting the temperature of the water 
                        supplied by the boiler to ensure that 
                        an incremental change in inferred heat 
                        load produces a corresponding 
                        incremental change in the temperature 
                        of water supplied.
                          (ii) Single input rate.--For a boiler 
                        that fires at 1 input rate, the 
                        requirements of this subparagraph may 
                        be satisfied by providing an automatic 
                        means that allows the burner or heating 
                        element to fire only when the means has 
                        determined that the inferred heat load 
                        cannot be met by the residual heat of 
                        the water in the system.
                          (iii) No inferred heat load.--When 
                        there is no inferred heat load with 
                        respect to a hot water boiler, the 
                        automatic means described in clauses 
                        (i) and (ii) shall limit the 
                        temperature of the water in the boiler 
                        to not more than 140 degrees 
                        Fahrenheit.
                          (iv) Operation.--A boiler described 
                        in clause (i) or (ii) shall be operable 
                        only when the automatic means described 
                        in clauses (i), (ii), and (iii) is 
                        installed.
                  (C) Exception.--A boiler that is manufactured 
                to operate without any need for electricity or 
                any electric connection, electric gauges, 
                electric pumps, electric wires, or electric 
                devices shall not be required to meet the 
                requirements of this paragraph.
  (4)(A) The Secretary shall publish a final rule no later than 
January 1, 1992, to determine whether the standards established 
by paragraph (2) for mobile home furnaces should be amended. 
Such rule shall provide that any amendment shall apply to 
products manufactured on or after January 1, 1994.
  (B) The Secretary shall publish a final rule no later than 
January 1, 1994, to determine whether the standards established 
by this subsection for furnaces (including mobile home 
furnaces) should be amended. Such rule shall provide that any 
amendment shall apply to products manufactured on or after 
January 1, 2002.
  (C) After January 1, 1997, and before January 1, 2007, the 
Secretary shall publish a final rule to determine whether 
standards in effect for such products should be amended. Such 
rule shall contain such amendment, if any, and provide that any 
amendment shall apply to products manufactured on or after 
January 1, 2012.
  (D) Notwithstanding any other provision of this Act, if the 
requirements of subsection (o) are met, not later than December 
31, 2013, the Secretary shall consider and prescribe energy 
conservation standards or energy use standards for electricity 
used for purposes of circulating air through duct work.
  (g) Standards for Dishwashers; Clothes Washers; Clothes 
Dryers, Fluorescent Lamp Ballasts.--(1) Dishwashers 
manufactured on or after January 1, 1988, shall be equipped 
with an option to dry without heat.
  (2) All rinse cycles of clothes washers shall include an 
unheated water option, but may have a heated water rinse 
option, for products manufactured on or after January 1, 1988.
  (3) Gas clothes dryers shall not be equipped with a constant 
burning pilot for products manufactured on or after January 1, 
1988.
  (4)(A) The Secretary shall publish final rules no later than 
January 1, 1990, to determine if the standards established 
under this subsection for products described in paragraphs (1), 
(2), and (3) should be amended. Such rules shall provide that 
any amendment shall apply to products the manufacture of which 
is completed on or after January 1, 1993.
  (B) After January 1, 1990, the Secretary shall publish a 
final rule no later than five years after the date of 
publication of the previous final rule. The Secretary shall 
determine in such rule whether to amend the standards in effect 
for such products.
  (C) Any such amendment shall apply to products manufactured 
after a date which is five years after--
          (i) the effective date of the previous amendment; or
          (ii) if the previous final rule did not amend the 
        standard, the earliest date by which a previous 
        amendment could have been in effect;
except that in no case may any amended standard apply to 
products manufactured within 3 years after publication of the 
final rule establishing such standard.
  (5) Except as provided in paragraph (6), each fluorescent 
lamp ballast--
          (A)(i) manufactured on or after January 1, 1990;
          (ii) sold by the manufacturer on or after April 1, 
        1990; or
          (iii) incorporated into a luminaire by a luminaire 
        manufacturer on or after April 1, 1991; and
          (B) designed--
                  (i) to operate at nominal input voltages of 
                120 or 277 volts;
                  (ii) to operate with an input current 
                frequency of 60 Hertz; and
                  (iii) for use in connection with an F40T12, 
                F96T12, or F96T12HO lamps;
shall have a power factor of 0.90 or greater and shall have a 
ballast efficacy factor not less than the following:


 
                                     Ballast                    Ballast
   Application for Operation of       Input     Total Nominal   Efficacy
                                     Voltage     Lamp Watts      Factor
 
one F40T12 lamp...................     120            40         1.805
                                       277            40         1.805
two F40T12 lamps..................     120            80         1.060
                                       277            80         1.050
two F96T12 lamps..................     120           150         0.570
                                       277           150         0.570
two F96T12HO lamps................     120           220         0.390
                                       277           220         0.390
 

  (6) The standards described in paragraph (5) do not apply to 
(A) a ballast which is designed for dimming or for use in 
ambient temperatures of 0+ F or less, or (B) a ballast which 
has a power factor of less than 0.90 and is designed and 
labeled for use only in residential building applications.
  (7)(A) The Secretary shall publish a final rule no later than 
January 1, 1992, to determine if the standards established 
under paragraph (5) should be amended, including whether such 
standards should be amended so that they would be applicable to 
ballasts described in paragraph (6) and other fluorescent lamp 
ballasts. Such rule shall contain such amendment, if any, and 
provide that the amendment shall apply to products manufactured 
on or after January 1, 1995.
  (B) After January 1, 1992, the Secretary shall publish a 
final rule no later than five years after the date of 
publication of a previous final rule. The Secretary shall 
determine in such rule whether to amend the standards in effect 
for fluorescent lamp ballasts, including whether such standards 
should be amended so that they would be applicable to 
additional fluorescent lamp ballasts.
  (C) Any amendment prescribed under subparagraph (B) shall 
apply to products manufactured after a date which is five years 
after--
          (i) the effective date of the previous amendment; or
          (ii) if the previous final rule did not amend the 
        standards, the earliest date by which a previous 
        amendment could have been effective;
except that in no case may any amended standard apply to 
products manufactured within three years after publication of 
the final rule establishing such amended standard.
  (8)(A) Each fluorescent lamp ballast (other than replacement 
ballasts or ballasts described in subparagraph (C))--
          (i)(I) manufactured on or after July 1, 2009;
          (II) sold by the manufacturer on or after October 1, 
        2009; or
          (III) incorporated into a luminaire by a luminaire 
        manufacturer on or after July 1, 2010; and
          (ii) designed--
                  (I) to operate at nominal input voltages of 
                120 or 277 volts;
                  (II) to operate with an input current 
                frequency of 60 Hertz; and
                  (III) for use in connection with F34T12 
                lamps, F96T12/ES lamps, or F96T12HO/ES lamps;
        shall have a power factor of 0.90 or greater and shall 
        have a ballast efficacy factor of not less than the 
        following:


               ..................  Total             ...................
Application    Ballast             nominal           Ballast
 for           input               lamp              efficacy
 operation of  voltage             watts             factor
One F34T12     120/277             34                2.61
 lamp
Two F34T12     120/277             68                1.35
 lamps
Two F96T12/ES  120/277             120               0.77
 lamps
Two F96T12HO/  120/277             190               0.42.
 ES lamps
 

  (B) The standards described in subparagraph (A) shall apply 
to all ballasts covered by subparagraph (A)(ii) that are 
manufactured on or after July 1, 2010, or sold by the 
manufacturer on or after October 1, 2010.
  (C) The standards described in subparagraph (A) do not apply 
to--
          (i) a ballast that is designed for dimming to 50 
        percent or less of the maximum output of the ballast;
          (ii) a ballast that is designed for use with 2 
        F96T12HO lamps at ambient temperatures of negative 20+F 
        or less and for use in an outdoor sign; or
          (iii) a ballast that has a power factor of less than 
        0.90 and is designed and labeled for use only in 
        residential applications.
          (9) Residential clothes washers manufactured on or 
        after january 1, 2011.--
                  (A) In general.--A top-loading or front-
                loading standard-size residential clothes 
                washer manufactured on or after January 1, 
                2011, shall have--
                          (i) a Modified Energy Factor of at 
                        least 1.26; and
                          (ii) a water factor of not more than 
                        9.5.
                  (B) Amendment of standards.--
                          (i) In general.--Not later than 
                        December 31, 2011, the Secretary shall 
                        publish a final rule determining 
                        whether to amend the standards in 
                        effect for clothes washers manufactured 
                        on or after January 1, 2015.
                          (ii) Amended standards.--The final 
                        rule shall contain any amended 
                        standards.
          (10) Residential dishwashers manufactured on or after 
        january 1, 2010.--
                  (A) In general.--A dishwasher manufactured on 
                or after January 1, 2010, shall--
                          (i) for a standard size dishwasher 
                        not exceed 355 kWh/year and 6.5 gallons 
                        per cycle; and
                          (ii) for a compact size dishwasher 
                        not exceed 260 kWh/year and 4.5 gallons 
                        per cycle.
                  (B) Amendment of standards.--
                          (i) In general.--Not later than 
                        January 1, 2015, the Secretary shall 
                        publish a final rule determining 
                        whether to amend the standards for 
                        dishwashers manufactured on or after 
                        January 1, 2018.
                          (ii) Amended standards.--The final 
                        rule shall contain any amended 
                        standards.
  (h) Standards for Kitchen Ranges and Ovens.--(1) Gas kitchen 
ranges and ovens having an electrical supply cord shall not be 
equipped with a constant burning pilot for products 
manufactured on or after January 1, 1990.
  (2)(A) The Secretary shall publish a final rule no later than 
January 1, 1992, to determine if the standards established for 
kitchen ranges and ovens in this subsection should be amended. 
Such rule shall contain such amendment, if any, and provide 
that the amendment shall apply to products manufactured on or 
after January 1, 1995.
  (B) The Secretary shall publish a final rule no later than 
January 1, 1997, to determine whether standards in effect for 
such products should be amended. Such rule shall apply to 
products manufactured on or after January 1, 2000.
  (i) General Service Fluorescent Lamps, General Service 
Incandescent Lamps, Intermediate Base Incandescent Lamps, 
Candelabra Base Incandescent Lamps, and Incandescent Reflector 
Lamps.--
          (1) Standards.--
                  (A) Definition of effective date.--In this 
                paragraph (other than subparagraph (D)), the 
                term ``effective date'' means, with respect to 
                each type of lamp specified in a table 
                contained in subparagraph (B), the last day of 
                the period of months corresponding to that type 
                of lamp (as specified in the table) that 
                follows October 24, 1992.
                  (B) Minimum standards.--Each of the following 
                general service fluorescent lamps and 
                incandescent reflector lamps manufactured after 
                the effective date specified in the tables 
                contained in this paragraph shall meet or 
                exceed the following lamp efficacy and CRI 
                standards:


                                                FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective Date
           Lamp Type               Nominal Lamp       Minimum CRI       Minimum Average Lamp        (Period of
                                      Wattage                              Efficacy (LPW)            Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin...........        >35 W              69                    75.0                    36
                                       :35 W              45                    75.0                    36
2-foot U-shaped................        >35 W              69                    68.0                    36
                                       :35 W              45                    64.0                    36
8-foot slimline................         65 W              69                    80.0                    18
                                       :65 W              45                    80.0                    18
8-foot high output.............       >100 W              69                    80.0                    18
                                      :100 W              45                    80.0                    18
----------------------------------------------------------------------------------------------------------------



                      INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
                                                          Effective Date
     Nominal Lamp Wattage         Minimum Average Lamp      (Period of
                                     Efficacy (LPW)           Months)
------------------------------------------------------------------------
 40-50.......................             10.5                  36
 51-66.......................             11.0                  36
 67-85.......................             12.5                  36
 86-115......................             14.0                  36
116-155......................             14.5                  36
156-205......................             15.0                  36
------------------------------------------------------------------------

                  (C) Exemptions.--The standards specified in 
                subparagraph (B) shall not apply to the 
                following types of incandescent reflector 
                lamps:
                          (i) Lamps rated at 50 watts or less 
                        that are ER30, BR30, BR40, or ER40 
                        lamps.
                          (ii) Lamps rated at 65 watts that are 
                        BR30, BR40, or ER40 lamps.
                          (iii) R20 incandescent reflector 
                        lamps rated 45 watts or less.
                  (D) Effective dates.--
                          (i) ER, br, and bpar lamps.--The 
                        standards specified in subparagraph (B) 
                        shall apply with respect to ER 
                        incandescent reflector lamps, BR 
                        incandescent reflector lamps, BPAR 
                        incandescent reflector lamps, and 
                        similar bulb shapes on and after 
                        January 1, 2008.
                          (ii) Lamps between 2.25-2.75 inches 
                        in diameter.--The standards specified 
                        in subparagraph (B) shall apply with 
                        respect to incandescent reflector lamps 
                        with a diameter of more than 2.25 
                        inches, but not more than 2.75 inches, 
                        on and after the later of January 1, 
                        2008, or the date that is 180 days 
                        after the date of enactment of the 
                        Energy Independence and Security Act of 
                        2007.
  (2) Notwithstanding section 332(a)(5) and section 332(b), it 
shall not be unlawful for a manufacturer to sell a lamp which 
is in compliance with the law at the time such lamp was 
manufactured.
  (3) Not less than 36 months after the date of the enactment 
of this subsection, the Secretary shall initiate a rulemaking 
procedure and shall publish a final rule not later than the end 
of the 54-month period beginning on the date of the enactment 
of this subsection to determine if the standards established 
under paragraph (1) should be amended. Such rule shall contain 
such amendment, if any, and provide that the amendment shall 
apply to products manufactured on or after the 36-month period 
beginning on the date such final rule is published.
  (4) Not less than eight years after the date of the enactment 
of this subsection, the Secretary shall initiate a rulemaking 
procedure and shall publish a final rule not later than nine 
years and six months after the date of the enactment of this 
subsection to determine if the standards in effect for 
fluorescent lamps and incandescent lamps should be amended. 
Such rule shall contain such amendment, if any, and provide 
that the amendment shall apply to products manufactured on or 
after the 36-month period beginning on the date such final rule 
is published.
  (5) Not later than the end of the 24-month period beginning 
on the date labeling requirements under section 324(a)(2)(C) 
become effective, the Secretary shall initiate a rulemaking 
procedure to determine if the standards in effect for 
fluorescent lamps and incandescent lamps should be amended so 
that they would be applicable to additional general service 
fluorescent and shall publish, not later than 18 months after 
initiating such rulemaking, a final rule including such amended 
standards, if any. Such rule shall provide that the amendment 
shall apply to products manufactured after a date which is 36 
months after the date such rule is published.
          (6) Standards for general service lamps.--
                  (A) Rulemaking before january 1, 2014.--
                          (i) In general.--Not later than 
                        January 1, 2014, the Secretary shall 
                        initiate a rulemaking procedure to 
                        determine whether--
                                  (I) standards in effect for 
                                general service lamps should be 
                                amended to establish more 
                                stringent standards than the 
                                standards specified in 
                                paragraph (1)(A); and
                                  (II) the exemptions for 
                                certain incandescent lamps 
                                should be maintained or 
                                discontinued based, in part, on 
                                exempted lamp sales collected 
                                by the Secretary from 
                                manufacturers.
                          (ii) Scope.--The rulemaking--
                                  (I) shall not be limited to 
                                incandescent lamp technologies; 
                                and
                                  (II) shall include 
                                consideration of a minimum 
                                standard of 45 lumens per watt 
                                for general service lamps.
                          (iii) Amended standards.--If the 
                        Secretary determines that the standards 
                        in effect for general service 
                        incandescent lamps should be amended, 
                        the Secretary shall publish a final 
                        rule not later than January 1, 2017, 
                        with an effective date that is not 
                        earlier than 3 years after the date on 
                        which the final rule is published.
                          (iv) Phased-in effective dates.--The 
                        Secretary shall consider phased-in 
                        effective dates under this subparagraph 
                        after considering--
                                  (I) the impact of any 
                                amendment on manufacturers, 
                                retiring and repurposing 
                                existing equipment, stranded 
                                investments, labor contracts, 
                                workers, and raw materials; and
                                  (II) the time needed to work 
                                with retailers and lighting 
                                designers to revise sales and 
                                marketing strategies.
                          (v) Backstop requirement.--If the 
                        Secretary fails to complete a 
                        rulemaking in accordance with clauses 
                        (i) through (iv) or if the final rule 
                        does not produce savings that are 
                        greater than or equal to the savings 
                        from a minimum efficacy standard of 45 
                        lumens per watt, effective beginning 
                        January 1, 2020, the Secretary shall 
                        prohibit the sale of any general 
                        service lamp that does not meet a 
                        minimum efficacy standard of 45 lumens 
                        per watt.
                          (vi) State preemption.--Neither 
                        section 327(b) nor any other provision 
                        of law shall preclude California or 
                        Nevada from adopting, effective 
                        beginning on or after January 1, 2018--
                                  (I) a final rule adopted by 
                                the Secretary in accordance 
                                with clauses (i) through (iv);
                                  (II) if a final rule 
                                described in subclause (I) has 
                                not been adopted, the backstop 
                                requirement under clause (v); 
                                or
                                  (III) in the case of 
                                California, if a final rule 
                                described in subclause (I) has 
                                not been adopted, any 
                                California regulations relating 
                                to these covered products 
                                adopted pursuant to State 
                                statute in effect as of the 
                                date of enactment of the Energy 
                                Independence and Security Act 
                                of 2007.
                  (B) Rulemaking before january 1, 2020.--
                          (i) In general.--Not later than 
                        January 1, 2020, the Secretary shall 
                        initiate a rulemaking procedure to 
                        determine whether--
                                  (I) standards in effect for 
                                general service incandescent 
                                lamps should be amended to 
                                reflect lumen ranges with more 
                                stringent maximum wattage than 
                                the standards specified in 
                                paragraph (1)(A); and
                                  (II) the exemptions for 
                                certain incandescent lamps 
                                should be maintained or 
                                discontinued based, in part, on 
                                exempted lamp sales data 
                                collected by the Secretary from 
                                manufacturers.
                          (ii) Scope.--The rulemaking shall not 
                        be limited to incandescent lamp 
                        technologies.
                          (iii) Amended standards.--If the 
                        Secretary determines that the standards 
                        in effect for general service 
                        incandescent lamps should be amended, 
                        the Secretary shall publish a final 
                        rule not later than January 1, 2022, 
                        with an effective date that is not 
                        earlier than 3 years after the date on 
                        which the final rule is published.
                          (iv) Phased-in effective dates.--The 
                        Secretary shall consider phased-in 
                        effective dates under this subparagraph 
                        after considering--
                                  (I) the impact of any 
                                amendment on manufacturers, 
                                retiring and repurposing 
                                existing equipment, stranded 
                                investments, labor contracts, 
                                workers, and raw materials; and
                                  (II) the time needed to work 
                                with retailers and lighting 
                                designers to revise sales and 
                                marketing strategies.
  (7)(A) With respect to any lamp to which standards are 
applicable under this subsection or any lamp specified in 
section 346, the Secretary shall inform any Federal entity 
proposing actions which would adversely impact the energy 
consumption or energy efficiency of such lamp of the energy 
conservation consequences of such action. It shall be the 
responsibility of such Federal entity to carefully consider the 
Secretary's comments.
  (B) Notwithstanding section 325(n)(1), the Secretary shall 
not be prohibited from amending any standard, by rule, to 
permit increased energy use or to decrease the minimum required 
energy efficiency of any lamp to which standards are applicable 
under this subsection if such action is warranted as a result 
of other Federal action (including restrictions on materials or 
processes) which would have the effect of either increasing the 
energy use or decreasing the energy efficiency of such product.
  (8) Not later than the date on which standards established 
pursuant to this subsection become effective, or, with respect 
to high-intensity discharge lamps covered under section 346, 
the effective date of standards established pursuant to such 
section, each manufacturer of a product to which such standards 
are applicable shall file with the Secretary a laboratory 
report certifying compliance with the applicable standard for 
each lamp type. Such report shall include the lumen output and 
wattage consumption for each lamp type as an average of 
measurements taken over the preceding 12-month period. With 
respect to lamp types which are not manufactured during the 12-
month period preceding the date such standards become 
effective, such report shall be filed with the Secretary not 
later than the date which is 12 months after the date 
manufacturing is commenced and shall include the lumen output 
and wattage consumption for each such lamp type as an average 
of measurements taken during such 12-month period.
  (j) Standards for Showerheads and Faucets.--(1) The maximum 
water use allowed for any showerhead manufactured after January 
1, 1994, is 2.5 gallons per minute when measured at a flowing 
water pressure of 80 pounds per square inch. Any such 
showerhead shall also meet the requirements of ASME/ANSI 
A112.18.1M-1989, 7.4.3(a).
  (2) The maximum water use allowed for any of the following 
faucets manufactured after January 1, 1994, when measured at a 
flowing water pressure of 80 pounds per square inch, is as 
follows:

  Lavatory faucets..2.5 gallons per minute..............................
  Lavatory replaceme2.5 gallons per minute..............................
  Kitchen faucets...2.5 gallons per minute..............................
  Kitchen replacemen2.5 gallons per minute..............................
  Metering faucets..0.25 gallons per cycle..............................

  (3)(A) If the maximum flow rate requirements or the design 
requirements of ASME/ANSI Standard A112.18.1M-1989 are amended 
to improve the efficiency of water use of any type or class of 
showerhead or faucet and are approved by ANSI, the Secretary 
shall, not later than 12 months after the date of such 
amendment, publish a final rule establishing an amended uniform 
national standard for that product at the level specified in 
the amended ASME/ANSI Standard A112.18.1M and providing that 
such standard shall apply to products manufactured after a date 
which is 12 months after the publication of such rule, unless 
the Secretary determines, by rule published in the Federal 
Register, that adoption of a uniform national standard at the 
level specified in such amended ASME/ANSI Standard A112.18.1M--
          (i) is not technologically feasible and economically 
        justified under subsection (o);
          (ii) is not consistent with the maintenance of public 
        health and safety; or
          (iii) is not consistent with the purposes of this 
        Act.
  (B)(i) As part of the rulemaking conducted under subparagraph 
(A), the Secretary shall also determine if adoption of a 
uniform national standard for any type or class of showerhead 
or faucet more stringent than such amended ASME/ANSI Standard 
A112.18.1M--
          (I) would result in additional conservation of energy 
        or water;
          (II) would be technologically feasible and 
        economically justified under subsection (o); and
          (III) would be consistent with the maintenance of 
        public health and safety.
  (ii) If the Secretary makes an affirmative determination 
under clause (i), the final rule published under subparagraph 
(A) shall waive the provisions of section 327(c) with respect 
to any State regulation concerning the water use or water 
efficiency of such type or class of showerhead or faucet if 
such State regulation--
          (I) is more stringent than amended ASME/ANSI Standard 
        A112.18.1M for such type or class of showerhead or 
        faucet and the standard in effect for such product on 
        the day before the date on which a final rule is 
        published under subparagraph (A); and
          (II) is applicable to any sale or installation of all 
        products in such type or class of showerhead or faucet.
  (C) If, after any period of five consecutive years, the 
maximum flow rate requirements of the ASME/ANSI standard for 
showerheads are not amended to improve the efficiency of water 
use of such products, or after any such period such 
requirements for faucets are not amended to improve the 
efficiency of water use of such products, the Secretary shall, 
not later than six months after the end of such five-year 
period, publish a final rule waiving the provisions of section 
327(c) with respect to any State regulation concerning the 
water use or water efficiency of such type or class of 
showerhead or faucet if such State regulation--
          (i) is more stringent than the standards in effect 
        for such type of class of showerhead or faucet; and
          (ii) is applicable to any sale or installation of all 
        products in such type or class of showerhead or faucet.
  (k) Standards for Water Closets and Urinals.--(1)(A) Except 
as provided in subparagraph (B), the maximum water use allowed 
in gallons per flush for any of the following water closets 
manufactured after January 1, 1994, is the following:

    Gravity tank-type toilets................................. 1.6 gpf. 
    Flushometer tank toilets.................................. 1.6 gpf. 
    Electromechanical hydraulic toilets....................... 1.6 gpf. 
    Blowout toilets...........................................  3.5 gpf.

  (B) The maximum water use allowed for any gravity tank-type 
white 2-piece toilet which bears an adhesive label conspicuous 
upon installation consisting of the words ``Commercial Use 
Only'' manufactured after January 1, 1994, and before January 
1, 1997, is 3.5 gallons per flush.
  (C) The maximum water use allowed for flushometer valve 
toilets, other than blowout toilets, manufactured after January 
1, 1997, is 1.6 gallons per flush.
  (2) The maximum water use allowed for any urinal manufactured 
after January 1, 1994, is 1.0 gallon per flush.
  (3)(A) If the maximum flush volume requirements of ASME 
Standard A112.19.6-1990 are amended to improve the efficiency 
of water use of any low consumption water closet or low 
consumption urinal and are approved by ANSI, the Secretary 
shall, not later than 12 months after the date of such 
amendment, publish a final rule establishing an amended uniform 
national standard for that product at the level specified in 
amended ASME/ANSI Standard A112.19.6 and providing that such 
standard shall apply to products manufactured after a date 
which is one year after the publication of such rule, unless 
the Secretary determines, by rule published in the Federal 
Register, that adoption of a uniform national standard at the 
level specified in such amended ASME/ANSI Standard A112.19.6--
          (i) is not technologically feasible and economically 
        justified under subsection (o);
          (ii) is not consistent with the maintenance of public 
        health and safety; or
          (iii) is not consistent with the purposes of this 
        Act.
  (B)(i) As part of the rulemaking conducted under subparagraph 
(A), the Secretary shall also determine if adoption of a 
uniform national standard for any type or class of low 
consumption water closet or low consumption urinal more 
stringent than such amended ASME/ANSI Standard A112.19.6 for 
such product--
          (I) would result in additional conservation of energy 
        or water;
          (II) would be technologically feasible and 
        economically justified under subsection (o); and
          (III) would be consistent with the maintenance of 
        public health and safety.
  (ii) If the Secretary makes an affirmative determination 
under clause (i), the final rule published under subparagraph 
(A) shall waive the provisions of section 327(c) with respect 
to any State regulation concerning the water use or water 
efficiency of such type or class of low consumption water 
closet or low consumption urinal if such State regulation--
          (I) is more stringent than amended ASME/ANSI Standard 
        A112.19.6 for such type or class of low consumption 
        water closet or low consumption urinal and the standard 
        in effect for such product on the day before the date 
        on which a final rule is published under subparagraph 
        (A); and
          (II) is applicable to any sale or installation of all 
        products in such type or class of low consumption water 
        closet or low consumption urinal.
  (C) If, after any period of five consecutive years, the 
maximum flush volume requirements of the ASME/ANSI standard for 
low consumption water closets are not amended to improve the 
efficiency of water use of such products, or after any such 
period such requirements for low consumption urinals are not 
amended to improve the efficiency of water use of such 
products, the Secretary shall, not later than six months after 
the end of such five-year period, publish a final rule waiving 
the provisions of section 327(c) with respect to any State 
regulation concerning the water use or water efficiency of such 
type or class of water closet or urinal if such State 
regulation--
          (i) is more stringent than the standards in effect 
        for such type or class of water closet or urinal; and
          (ii) is applicable to any sale or installation of all 
        products in such type or class of water closet or 
        urinal.
  (l) Standards for Other Covered Products.--(1) The Secretary 
may prescribe an energy conservation standard for any type (or 
class) of covered products of a type specified in paragraph 
(20) of section 322(a) if the requirements of subsections (o) 
and (p) are met and the Secretary determines that--
          (A) the average per household energy use within the 
        United States by products of such type (or class) 
        exceeded 150 kilowatt-hours (or its Btu equivalent) for 
        any 12-month period ending before such determination;
          (B) the aggregate household energy use within the 
        United States by products of such type (or class) 
        exceeded 4,200,000,000 kilowatt-hours (or its Btu 
        equivalent) for any such 12-month period;
          (C) substantial improvement in the energy efficiency 
        of products of such type (or class) is technologically 
        feasible; and
          (D) the application of a labeling rule under section 
        324 to such type (or class) is not likely to be 
        sufficient to induce manufacturers to produce, and 
        consumers and other persons to purchase, covered 
        products of such type (or class) which achieve the 
        maximum energy efficiency which is technologically 
        feasible and economically justified.
  (2) Any new or amended standard for covered products of a 
type specified in paragraph (20) of section 322(a) shall not 
apply to products manufactured within five years after the 
publication of a final rule establishing such standard.
  (3) The Secretary may, in accordance with subsections (o) and 
(p), prescribe an energy conservation standard for television 
sets. Any such standard may not become effective with respect 
to products manufactured before January 1, 1992.
          (4) Energy efficiency standards for certain lamps.--
                  (A) In general.--The Secretary shall 
                prescribe an energy efficiency standard for 
                rough service lamps, vibration service lamps, 
                3-way incandescent lamps, 2,601-3,300 lumen 
                general service incandescent lamps, and 
                shatter-resistant lamps in accordance with this 
                paragraph.
                  (B) Benchmarks.--Not later than 1 year after 
                the date of enactment of this paragraph, the 
                Secretary, in consultation with the National 
                Electrical Manufacturers Association, shall--
                          (i) collect actual data for United 
                        States unit sales for each of calendar 
                        years 1990 through 2006 for each of the 
                        5 types of lamps described in 
                        subparagraph (A) to determine the 
                        historical growth rate of the type of 
                        lamp; and
                          (ii) construct a model for each type 
                        of lamp based on coincident economic 
                        indicators that closely match the 
                        historical annual growth rate of the 
                        type of lamp to provide a neutral 
                        comparison benchmark to model future 
                        unit sales after calendar year 2006.
                  (C) Actual sales data.--
                          (i) In general.--Effective for each 
                        of calendar years 2010 through 2025, 
                        the Secretary, in consultation with the 
                        National Electrical Manufacturers 
                        Association, shall--
                                  (I) collect actual United 
                                States unit sales data for each 
                                of 5 types of lamps described 
                                in subparagraph (A); and
                                  (II) not later than 90 days 
                                after the end of each calendar 
                                year, compare the lamp sales in 
                                that year with the sales 
                                predicted by the comparison 
                                benchmark for each of the 5 
                                types of lamps described in 
                                subparagraph (A).
                          (ii) Continuation of tracking.--
                                  (I) Determination.--Not later 
                                than January 1, 2023, the 
                                Secretary shall determine if 
                                actual sales data should be 
                                tracked for the lamp types 
                                described in subparagraph (A) 
                                after calendar year 2025.
                                  (II) Continuation.--If the 
                                Secretary finds that the market 
                                share of a lamp type described 
                                in subparagraph (A) could 
                                significantly erode the market 
                                share for general service 
                                lamps, the Secretary shall 
                                continue to track the actual 
                                sales data for the lamp type.
                  (D) Rough service lamps.--
                          (i) In general.--Effective beginning 
                        with the first year that the reported 
                        annual sales rate for rough service 
                        lamps demonstrates actual unit sales of 
                        rough service lamps that achieve levels 
                        that are at least 100 percent higher 
                        than modeled unit sales for that same 
                        year, the Secretary shall--
                                  (I) not later than 90 days 
                                after the end of the previous 
                                calendar year, issue a finding 
                                that the index has been 
                                exceeded; and
                                  (II) not later than the date 
                                that is 1 year after the end of 
                                the previous calendar year, 
                                complete an accelerated 
                                rulemaking to establish an 
                                energy conservation standard 
                                for rough service lamps.
                          (ii) Backstop requirement.--If the 
                        Secretary fails to complete an 
                        accelerated rulemaking in accordance 
                        with clause (i)(II), effective 
                        beginning 1 year after the date of the 
                        issuance of the finding under clause 
                        (i)(I), the Secretary shall require 
                        rough service lamps to--
                                  (I) have a shatter-proof 
                                coating or equivalent 
                                technology that is compliant 
                                with NSF/ANSI 51 and is 
                                designed to contain the glass 
                                if the glass envelope of the 
                                lamp is broken and to provide 
                                effective containment over the 
                                life of the lamp;
                                  (II) have a maximum 40-watt 
                                limitation; and
                                  (III) be sold at retail only 
                                in a package containing 1 lamp.
                  (E) Vibration service lamps.--
                          (i) In general.--Effective beginning 
                        with the first year that the reported 
                        annual sales rate for vibration service 
                        lamps demonstrates actual unit sales of 
                        vibration service lamps that achieve 
                        levels that are at least 100 percent 
                        higher than modeled unit sales for that 
                        same year, the Secretary shall--
                                  (I) not later than 90 days 
                                after the end of the previous 
                                calendar year, issue a finding 
                                that the index has been 
                                exceeded; and
                                  (II) not later than the date 
                                that is 1 year after the end of 
                                the previous calendar year, 
                                complete an accelerated 
                                rulemaking to establish an 
                                energy conservation standard 
                                for vibration service lamps.
                          (ii) Backstop requirement.--If the 
                        Secretary fails to complete an 
                        accelerated rulemaking in accordance 
                        with clause (i)(II), effective 
                        beginning 1 year after the date of the 
                        issuance of the finding under clause 
                        (i)(I), the Secretary shall require 
                        vibration service lamps to--
                                  (I) have a maximum 40-watt 
                                limitation; and
                                  (II) be sold at retail only 
                                in a package containing 1 lamp.
                  (F) 3-way incandescent lamps.--
                          (i) In general.--Effective beginning 
                        with the first year that the reported 
                        annual sales rate for 3-way 
                        incandescent lamps demonstrates actual 
                        unit sales of 3-way incandescent lamps 
                        that achieve levels that are at least 
                        100 percent higher than modeled unit 
                        sales for that same year, the Secretary 
                        shall--
                                  (I) not later than 90 days 
                                after the end of the previous 
                                calendar year, issue a finding 
                                that the index has been 
                                exceeded; and
                                  (II) not later than the date 
                                that is 1 year after the end of 
                                the previous calendar year, 
                                complete an accelerated 
                                rulemaking to establish an 
                                energy conservation standard 
                                for 3-way incandescent lamps.
                          (ii) Backstop requirement.--If the 
                        Secretary fails to complete an 
                        accelerated rulemaking in accordance 
                        with clause (i)(II), effective 
                        beginning 1 year after the date of 
                        issuance of the finding under clause 
                        (i)(I), the Secretary shall require 
                        that--
                                  (I) each filament in a 3-way 
                                incandescent lamp meet the new 
                                maximum wattage requirements 
                                for the respective lumen range 
                                established under subsection 
                                (i)(1)(A); and
                                  (II) 3-way lamps be sold at 
                                retail only in a package 
                                containing 1 lamp.
                  (G) 2,601-3,300 lumen general service 
                incandescent lamps.--Effective beginning with 
                the first year that the reported annual sales 
                rate demonstrates actual unit sales of 2,601-
                3,300 lumen general service incandescent lamps 
                in the lumen range of 2,601 through 3,300 
                lumens (or, in the case of a modified spectrum, 
                in the lumen range of 1,951 through 2,475 
                lumens) that achieve levels that are at least 
                100 percent higher than modeled unit sales for 
                that same year, the Secretary shall impose--
                          (i) a maximum 95-watt limitation on 
                        general service incandescent lamps in 
                        the lumen range of 2,601 through 3,300 
                        lumens; and
                          (ii) a requirement that those lamps 
                        be sold at retail only in a package 
                        containing 1 lamp.
                  (H) Shatter-resistant lamps.--
                          (i) In general.--Effective beginning 
                        with the first year that the reported 
                        annual sales rate for shatter-resistant 
                        lamps demonstrates actual unit sales of 
                        shatter-resistant lamps that achieve 
                        levels that are at least 100 percent 
                        higher than modeled unit sales for that 
                        same year, the Secretary shall--
                                  (I) not later than 90 days 
                                after the end of the previous 
                                calendar year, issue a finding 
                                that the index has been 
                                exceeded; and
                                  (II) not later than the date 
                                that is 1 year after the end of 
                                the previous calendar year, 
                                complete an accelerated 
                                rulemaking to establish an 
                                energy conservation standard 
                                for shatter-resistant lamps.
                          (ii) Backstop requirement.--If the 
                        Secretary fails to complete an 
                        accelerated rulemaking in accordance 
                        with clause (i)(II), effective 
                        beginning 1 year after the date of 
                        issuance of the finding under clause 
                        (i)(I), the Secretary shall impose--
                                  (I) a maximum wattage 
                                limitation of 40 watts on 
                                shatter resistant lamps; and
                                  (II) a requirement that those 
                                lamps be sold at retail only in 
                                a package containing 1 lamp.
                  (I) Rulemakings before january 1, 2025.--
                          (i) In general.--Except as provided 
                        in clause (ii), if the Secretary issues 
                        a final rule prior to January 1, 2025, 
                        establishing an energy conservation 
                        standard for any of the 5 types of 
                        lamps for which data collection is 
                        required under any of subparagraphs (D) 
                        through (G), the requirement to collect 
                        and model data for that type of lamp 
                        shall terminate unless, as part of the 
                        rulemaking, the Secretary determines 
                        that continued tracking is necessary.
                          (ii) Backstop requirement.--If the 
                        Secretary imposes a backstop 
                        requirement as a result of a failure to 
                        complete an accelerated rulemaking in 
                        accordance with clause (i)(II) of any 
                        of subparagraphs (D) through (G), the 
                        requirement to collect and model data 
                        for the applicable type of lamp shall 
                        continue for an additional 2 years 
                        after the effective date of the 
                        backstop requirement.
  (m) Amendment of Standards.--
          [(1) In general.--Not later than 6 years after 
        issuance of any final rule establishing or amending a 
        standard, as required for a product under this part, 
        the Secretary shall publish--
                  [(A) a notice of the determination of the 
                Secretary that standards for the product do not 
                need to be amended, based on the criteria 
                established under subsection (n)(2); or
                  [(B) a notice of proposed rulemaking 
                including new proposed standards based on the 
                criteria established under subsection (o) and 
                the procedures established under subsection 
                (p).]
          (1) In general.--The Secretary may, for any product, 
        publish a notice of proposed rulemaking including new 
        proposed standards for such product based on the 
        criteria established under subsection (o) and the 
        procedures established under subsection (p).
          (2) Notice.--If the Secretary publishes a notice 
        under paragraph (1), the Secretary shall--
                  (A) publish a notice stating that the 
                analysis of the Department is publicly 
                available; and
                  (B) provide an opportunity for written 
                comment.
          [(3) Amendment of standard; new determination.--
                  [(A) Amendment of standard.--Not later than 2 
                years after a notice is issued under paragraph 
                (1)(B), the Secretary shall publish a final 
                rule amending the standard for the product.
                  [(B) New determination.--Not later than 3 
                years after a determination under paragraph 
                (1)(A), the Secretary shall make a new 
                determination and publication under 
                subparagraph (A) or (B) of paragraph (1).]
          (3) Amendment of standard.--Not later than 2 years 
        after a notice is issued under paragraph (1), the 
        Secretary shall publish a final rule amending the 
        standard for the product.
          (4) Application to products.--
                  (A) In general.--Except as provided in 
                subparagraph (B), an amendment prescribed under 
                this subsection shall apply to--
                          (i) with respect to refrigerators, 
                        refrigerator-freezers, freezers, room 
                        air conditioners, dishwashers, clothes 
                        washers, clothes dryers, fluorescent 
                        lamp ballasts, and kitchen ranges and 
                        ovens, such a product that is 
                        manufactured after the date that is 3 
                        years after publication of the final 
                        rule establishing an applicable 
                        standard; and
                          (ii) with respect to central air 
                        conditioners, heat pumps, water 
                        heaters, pool heaters, direct heating 
                        equipment, and furnaces, such a product 
                        that is manufactured after the date 
                        that is 5 years after publication of 
                        the final rule establishing an 
                        applicable standard.
                  (B) Other new standards.--A manufacturer 
                shall not be required to apply new standards to 
                a product with respect to which other new 
                standards have been required during the prior 
                6-year period.
          (5) Reports.--The Secretary shall promptly submit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate--
                  (A) a progress report every 180 days on 
                compliance with this section, including a 
                specific plan to remedy any failures to comply 
                with deadlines for action established under 
                this section; and
                  (B) all required reports to the Court or to 
                any party to the Consent Decree in State of New 
                York v Bodman, Consolidated Civil Actions No. 
                05 Civ. 7807 and No. 05 Civ. 7808.
  (n) Petition for [an Amended Standard] Amendment or 
Revocation of Standard.--(1) With respect to each covered 
product described in paragraphs (1) through (11), and in 
paragraphs (13) and (14) of section 322(a), 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.
  [(2) The Secretary shall grant a petition if he finds that it 
contains evidence which, assuming no other evidence were 
considered, provides an adequate basis for amending the 
standards under the following criteria--
          [(A) amended standards will result in significant 
        conservation of energy;
          [(B) amended standards are technologically feasible; 
        and
          [(C) amended standards are cost effective as 
        described in subsection (o)(2)(B)(i)(II).
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.]
  (2) The Secretary shall grant a petition to determine if 
energy conservation 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.
          (3) Notice of decision.--Not later than 180 days 
        after the date of receiving a petition, the Secretary 
        shall publish in the Federal Register a notice of, and 
        explanation for, the decision of the Secretary to grant 
        or deny the petition.
          (4)  [New or amended standards.] New, amended, or 
        revoked 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)] (i) a final rule that contains 
                        the new or amended standards; or
                          [(B)] (ii) a determination that no 
                        new or amended standards are necessary.
                  (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.
  (5) An amendment prescribed under this subsection shall apply 
to products manufactured after a date which is 5 years after--
          (A) the effective date 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 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) 
        after publication of the final rule establishing a 
        standard.
  (o) Criteria for Prescribing New or Amended Standards.--(1) 
The Secretary may not prescribe any amended standard which 
increases the maximum allowable energy use, or, in the case of 
showerheads, faucets, water closets, or urinals, water use, or 
decreases the minimum required energy efficiency, of a covered 
product.
  [(2)(A) 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 energy efficiency, or, in the case of 
showerheads, faucets, water closets, or urinals, water 
efficiency, which the Secretary determines is technologically 
feasible and economically justified.
  [(B)(i) In determining whether a standard is economically 
justified, the Secretary shall, after receiving views and 
comments furnished with respect to the proposed standard, 
determine whether the benefits of the standard exceed its 
burdens by, to the greatest extent practicable, considering--
          [(I) the economic impact of the standard on the 
        manufacturers and on the consumers of the products 
        subject to such standard;
          [(II) the savings in operating costs throughout the 
        estimated average life of the covered product in the 
        type (or class) compared to any increase in the price 
        of, or in the initial charges for, or maintenance 
        expenses of, the covered products which are likely to 
        result from the imposition of the standard;
          [(III) the total projected amount of energy, or as 
        applicable, water, savings likely to result directly 
        from the imposition of the standard;
          [(IV) any lessening of the utility or the performance 
        of the covered products likely to result from the 
        imposition of the standard;
          [(V) the impact of any lessening of competition, as 
        determined in writing by the Attorney General, that is 
        likely to result from the imposition of the standard;
          [(VI) the need for national energy and water 
        conservation; and
          [(VII) other factors the Secretary considers 
        relevant.
  [(ii) For purposes of clause (i)(V), the Attorney General 
shall make a determination of the impact, if any, of any 
lessening of competition likely to result from such standard 
and shall transmit such determination, not later than 60 days 
after the publication of a proposed rule prescribing or 
amending an energy conservation standard, in writing to the 
Secretary, together with an analysis of the nature and extent 
of such impact. Any such determination and analysis shall be 
published by the Secretary in the Federal Register.
  [(iii) If the Secretary finds that the additional cost to the 
consumer of purchasing a product complying with an energy 
conservation standard level will be less than three times the 
value of the energy, and as applicable, water, savings during 
the first year that the consumer will receive as a result of 
the standard, as calculated under the applicable test 
procedure, there shall be a rebuttable presumption that such 
standard level is economically justified. A determination by 
the Secretary that such criterion is not met shall not be taken 
into consideration in the Secretary's determination of whether 
a standard is economically justified.
  [(3) The Secretary may not prescribe an amended or new 
standard under this section for a type (or class) of covered 
product if--
          [(A) for products other than dishwashers, clothes 
        washers, clothes dryers, and kitchen ranges and ovens, 
        a test procedure has not been prescribed pursuant to 
        section 323 with respect to that type (or class) of 
        product; or
          [(B) the Secretary determines, by rule, that the 
        establishment of such standard will not result in 
        significant conservation of energy or, in the case of 
        showerheads, faucets, water closets, or urinals, water, 
        or that the establishment of such standard is not 
        technologically feasible or economically justified.
For purposes of section 327, a determination under subparagraph 
(B) with respect to any type (or class) of covered products 
shall have the same effect as would a standard prescribed for 
such type (or class).]
          (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 energy 
                efficiency, or, in the case of showerheads, 
                faucets, water closets, or urinals, water 
                efficiency, which the Secretary determines is 
                technologically feasible and economically 
                justified.
                  (B) Test procedures.--The Secretary may not 
                prescribe a new or amended energy conservation 
                standard under this section for a type (or 
                class) of covered product if a test procedure 
                has not been prescribed pursuant to section 323 
                with respect to that type (or class) of 
                product.
                  (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--
                          (i) energy; or
                          (ii) in the case of showerheads, 
                        faucets, water closets, or urinals, 
                        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.
          (3) Factors for determination.--
                  (A) Economic analysis.--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--
                                  (I) costs to low-income 
                                households; and
                                  (II) variations in costs to 
                                consumers based on differences 
                                in regions, including 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.
                  (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) Criteria related to market competition 
                and price discrimination.--The Secretary may 
                not determine that imposition of an energy 
                conservation standard is economically justified 
                unless the Secretary determines that imposition 
                of the energy conservation standard is not 
                likely to result in--
                          (i) any lessening of market 
                        competition; or
                          (ii) price discrimination.
                  (F) Technological innovation.--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 is not 
                likely to result in the unavailability in the 
                United States of a type (or class) of products 
                based on what type of fuel the product 
                consumes.
                  (G) Other considerations.--In determining 
                whether imposition of an energy conservation 
                standard is economically justified, the 
                Secretary--
                          (i) shall prioritize the interests of 
                        consumers;
                          (ii) may not consider estimates of 
                        the social costs or social benefits 
                        associated with incremental greenhouse 
                        gas emissions; and
                          (iii) shall consider--
                                  (I) the economic impact of 
                                the standard on the 
                                manufacturers and on the 
                                consumers of the products 
                                subject to such standard;
                                  (II) the savings in operating 
                                costs throughout the estimated 
                                average life of the covered 
                                product in the type (or class) 
                                compared to any increase in the 
                                price of, or in the initial 
                                charges for, or maintenance 
                                expenses of, the covered 
                                products which are likely to 
                                result from the imposition of 
                                the standard;
                                  (III) the total projected 
                                amount of energy, or as 
                                applicable, water, savings 
                                likely to result directly from 
                                the imposition of the standard;
                                  (IV) the need for national 
                                energy and water conservation; 
                                and
                                  (V) other factors the 
                                Secretary considers relevant.
          (H) Regulatory review.--
                  (i) Evaluation.--Not later than 2 years after 
                the issuance of any final rule prescribing a 
                new or amended energy conservation standard 
                under this section for any type (or class) of 
                covered product, the Secretary shall evaluate 
                the rule to determine whether such energy 
                conservation standard is technologically 
                feasible and economically justified and whether 
                the regulatory impact analysis for such rule 
                remains accurate.
                  (ii) Effect.--Notwithstanding any other 
                provision of this part, if the Secretary 
                determines, based on an evaluation under clause 
                (i), that an energy conservation standard is 
                not technologically feasible or economically 
                justified--
                          (I) the Secretary shall publish such 
                        determination and such energy 
                        conservation standard shall have no 
                        force or effect (except that such 
                        energy conservation standard shall be 
                        considered to be in effect for purposes 
                        of section 327); and
                          (II) the Secretary may publish a 
                        final rule amending the energy 
                        conservation standard for the type (or 
                        class) of covered product to be 
                        technologically feasible and 
                        economically justified in accordance 
                        with this subsection, which amendment 
                        shall apply to such a product that is 
                        manufactured after the date that is 2 
                        years after publication of such final 
                        rule.
  (4) The Secretary may not prescribe an amended or new 
standard under this section if the Secretary finds (and 
publishes such finding) that interested persons have 
established by a preponderance of the evidence that the 
standard is likely to result in the unavailability in the 
United States in any covered product type (or class) of 
performance characteristics (including reliability), features, 
sizes, capacities, and volumes that are substantially the same 
as those generally available in the United States at the time 
of the Secretary's finding. The failure of some types (or 
classes) to meet this criterion shall not affect the 
Secretary's determination of whether to prescribe a standard 
for other types (or classes).
  (5) The Secretary may set more than 1 energy conservation 
standard for products that serve more than 1 major function by 
setting 1 energy conservation standard for each major function.
          (6) Regional standards for furnaces, central air 
        conditioners, and heat pumps.--
                  (A) In general.--In any rulemaking to 
                establish a new or amended standard, the 
                Secretary may consider the establishment of 
                separate standards by geographic region for 
                furnaces (except boilers), central air 
                conditioners, and heat pumps.
                  (B) National and regional standards.--
                          (i) National standard.--If the 
                        Secretary establishes a regional 
                        standard for a product, the Secretary 
                        shall establish a base national 
                        standard for the product.
                          (ii) Regional standards.--If the 
                        Secretary establishes a regional 
                        standard for a product, the Secretary 
                        may establish more restrictive 
                        standards for the product by geographic 
                        region as follows:
                                  (I) For furnaces, the 
                                Secretary may establish 1 
                                additional standard that is 
                                applicable in a geographic 
                                region defined by the 
                                Secretary.
                                  (II) For any cooling product, 
                                the Secretary may establish 1 
                                or 2 additional standards that 
                                are applicable in 1 or 2 
                                geographic regions as may be 
                                defined by the Secretary.
                  (C) Boundaries of geographic regions.--
                          (i) In general.--Subject to clause 
                        (ii), the boundaries of additional 
                        geographic regions established by the 
                        Secretary under this paragraph shall 
                        include only contiguous States.
                          (ii) Alaska and hawaii.--The States 
                        of Alaska and Hawaii may be included 
                        under this paragraph in a geographic 
                        region that the States are not 
                        contiguous to.
                          (iii) Individual states.--Individual 
                        States shall be placed only into a 
                        single region under this paragraph.
                  (D) Prerequisites.--In establishing 
                additional regional standards under this 
                paragraph, the Secretary shall--
                          (i) establish additional regional 
                        standards only if the Secretary 
                        determines that--
                                  (I) the establishment of 
                                additional regional standards 
                                will produce significant energy 
                                savings in comparison to 
                                establishing only a single 
                                national standard; and
                                  (II) the additional regional 
                                standards are economically 
                                justified under [this 
                                paragraph] this subsection; and
                          (ii) consider the impact of the 
                        additional regional standards on 
                        consumers, manufacturers, and other 
                        market participants, including product 
                        distributors, dealers, contractors, and 
                        installers.
                  (E) Application; effective date.--
                          (i) Base national standard.--Any base 
                        national standard established for a 
                        product under this paragraph shall--
                                  (I) be the minimum standard 
                                for the product; and
                                  (II) apply to all products 
                                manufactured or imported into 
                                the United States on and after 
                                the effective date for the 
                                standard.
                          (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 apply.
                  (F) Continuation of regional standards.--
                          (i) In general.--In any subsequent 
                        rulemaking for any product for which a 
                        regional standard has been previously 
                        established, the Secretary shall 
                        determine whether to continue the 
                        establishment of separate regional 
                        standards for the product.
                          (ii) Regional standard no longer 
                        appropriate.--Except as provided in 
                        clause (iii), if the Secretary 
                        determines that regional standards are 
                        no longer appropriate for a product, 
                        beginning on the effective date of the 
                        amended standard for the product--
                                  (I) there shall be 1 base 
                                national standard for the 
                                product with Federal 
                                enforcement; and
                                  (II) State authority for 
                                enforcing a regional standard 
                                for the product shall 
                                terminate.
                          (iii) Regional standard appropriate 
                        but standard or region changed.--
                                  (I) State no longer contained 
                                in region.--Subject to 
                                subclause (III), if a State is 
                                no longer contained in a region 
                                in which a regional standard 
                                that is more stringent than the 
                                base national standard applies, 
                                the authority of the State to 
                                enforce the regional standard 
                                shall terminate.
                                  (II) Standard or region 
                                revised so that existing 
                                regional standard equals base 
                                national standard.--If the 
                                Secretary revises a base 
                                national standard for a product 
                                or the geographic definition of 
                                a region so that an existing 
                                regional standard for a State 
                                is equal to the revised base 
                                national standard--
                                          (aa) the authority of 
                                        the State to enforce 
                                        the regional standard 
                                        shall terminate on the 
                                        effective date of the 
                                        revised base national 
                                        standard; and
                                          (bb) the State shall 
                                        be subject to the 
                                        revised base national 
                                        standard.
                                  (III) Standard or region 
                                revised so that existing 
                                regional standard equals base 
                                national standard.--If the 
                                Secretary revises a base 
                                national standard for a product 
                                or the geographic definition of 
                                a region so that the standard 
                                for a State is lower than the 
                                previously approved regional 
                                standard, the State may 
                                continue to enforce the 
                                previously approved standard 
                                level.
                          (iv) Waiver of federal preemption.--
                        Nothing in this paragraph diminishes 
                        the authority of a State to enforce a 
                        State regulation for which a waiver of 
                        Federal preemption has been granted 
                        under section 327(d).
                  (G) Enforcement.--
                          (i) Base national standard.--
                                  (I) In general.--The 
                                Secretary shall enforce any 
                                base national standard.
                                  (II) Trade association 
                                certification programs.--In 
                                enforcing the base national 
                                standard, the Secretary shall 
                                use, to the maximum extent 
                                practicable, national standard 
                                nationally recognized 
                                certification programs of trade 
                                associations.
                          (ii) Regional standards.--
                                  (I) Enforcement plan.--Not 
                                later than 90 days after the 
                                date of the issuance of a final 
                                rule that establishes a 
                                regional standard, the 
                                Secretary shall initiate a 
                                rulemaking to develop and 
                                implement an effective 
                                enforcement plan for regional 
                                standards for the products that 
                                are covered by the final rule.
                                  (II) Responsible entities.--
                                Any rules regarding enforcement 
                                of a regional standard shall 
                                clearly specify which entities 
                                are legally responsible for 
                                compliance with the standards 
                                and for making any required 
                                information or labeling 
                                disclosures.
                                  (III) Final rule.--Not later 
                                than 15 months after the date 
                                of the issuance of a final rule 
                                that establishes a regional 
                                standard for a product, the 
                                Secretary shall promulgate a 
                                final rule covering enforcement 
                                of regional standards for the 
                                product.
                                  (IV) Incorporation by states 
                                and localities.--A State or 
                                locality may incorporate any 
                                Federal regional standard into 
                                State or local building codes 
                                or State appliance standards.
                                  (V) State enforcement.--A 
                                State agency may seek 
                                enforcement of a Federal 
                                regional standard in a Federal 
                                court of competent 
                                jurisdiction.
                  (H) Information disclosure.--
                          (i) In general.--Not later than 90 
                        days after the date of the publication 
                        of a final rule that establishes a 
                        regional standard for a product, the 
                        Federal Trade Commission shall 
                        undertake a rulemaking to determine the 
                        appropriate 1 or more methods for 
                        disclosing information so that 
                        consumers, distributors, contractors, 
                        and installers can easily determine 
                        whether a specific piece of equipment 
                        that is installed in a specific 
                        building is in conformance with the 
                        regional standard that applies to the 
                        building.
                          (ii) Methods.--A method of disclosing 
                        information under clause (i) may 
                        include--
                                  (I) modifications to the 
                                Energy Guide label; or
                                  (II) other methods that make 
                                it easy for consumers and 
                                installers to use and 
                                understand at the point of 
                                installation.
                          (iii) Completion of rulemaking.--The 
                        rulemaking shall be completed not later 
                        15 months after the date of the 
                        publication of a final rule that 
                        establishes a regional standard for a 
                        product.
  (p) Procedure for Prescribing New or Amended Standards.--Any 
new or amended energy conservation standard shall be prescribed 
in accordance with the following procedure:
          (1) A proposed rule which prescribes an amended or 
        new energy conservation standard or prescribes no 
        amendment or no new standard for a type (or class) of 
        covered products shall be published in the Federal 
        Register. In prescribing any such proposed rule with 
        respect to a standard, the Secretary shall determine 
        the maximum improvement in energy efficiency or maximum 
        reduction in energy use that is technologically 
        feasible for each type (or class) of covered products. 
        If such standard is not designed to achieve such 
        efficiency or use, the Secretary shall state in the 
        proposed rule the reasons therefor.
          (2) After the publication of such proposed 
        rulemaking, the Secretary shall, in accordance with 
        section 336, afford interested persons an opportunity, 
        during a period of not less than 60 days, to present 
        oral and written comments (including an opportunity to 
        question those who make such presentations, as provided 
        in such section) on matters relating to such proposed 
        rule, including--
                  (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);
                  (B) whether the standard will achieve the 
                maximum improvement in energy efficiency which 
                is technologically feasible;
                  (C) if the standard will not achieve such 
                improvement, whether the reasons for not 
                achieving such improvement are adequate; and
                  (D) whether such rule should prescribe a 
                level of energy use or efficiency which is 
                higher or lower than that which would otherwise 
                apply in the case of any group of products 
                within the type (or class) that will be subject 
                to such standard.
          (3) A final rule prescribing an amended or new energy 
        conservation standard or prescribing no amended or new 
        standard for a type (or class) of covered products 
        shall be published as soon as is practicable, but not 
        less than 90 days, after publication of the proposed 
        rule in the Federal Register.
          (4) Direct final rules.--
                  (A) In general.--On receipt of a statement 
                that is submitted jointly by interested persons 
                that are fairly representative of relevant 
                points of view (including representatives of 
                manufacturers of covered products, States, and 
                efficiency advocates), as determined by the 
                Secretary, and contains recommendations with 
                respect to an energy or water conservation 
                standard--
                          (i) if the Secretary determines that 
                        the recommended standard contained in 
                        the statement is in accordance with 
                        subsection (o) or section 342(a)(6)(B), 
                        as applicable, the Secretary may issue 
                        a final rule that establishes an energy 
                        or water conservation standard and is 
                        published simultaneously with a notice 
                        of proposed rulemaking that proposes a 
                        new or amended energy or water 
                        conservation standard that is identical 
                        to the standard established in the 
                        final rule to establish the recommended 
                        standard (referred to in this paragraph 
                        as a ``direct final rule''); or
                          (ii) if the Secretary determines that 
                        a direct final rule cannot be issued 
                        based on the statement, the Secretary 
                        shall publish a notice of the 
                        determination, together with an 
                        explanation of the reasons for the 
                        determination.
                  (B) Public comment.--The Secretary shall 
                solicit public comment for a period of at least 
                110 days with respect to each direct final rule 
                issued by the Secretary under subparagraph 
                (A)(i).
                  (C) Withdrawal of direct final rules.--
                          (i) In general.--Not later than 120 
                        days after the date on which a direct 
                        final rule issued under subparagraph 
                        (A)(i) is published in the Federal 
                        Register, the Secretary shall withdraw 
                        the direct final rule if--
                                  (I) the Secretary receives 1 
                                or more adverse public comments 
                                relating to the direct final 
                                rule under subparagraph (B)(i) 
                                or any alternative joint 
                                recommendation; and
                                  (II) based on the rulemaking 
                                record relating to the direct 
                                final rule, the Secretary 
                                determines that such adverse 
                                public comments or alternative 
                                joint recommendation may 
                                provide a reasonable basis for 
                                withdrawing the direct final 
                                rule under subsection (o), 
                                section 342(a)(6)(B), or any 
                                other applicable law.
                          (ii) Action on withdrawal.--On 
                        withdrawal of a direct final rule under 
                        clause (i), the Secretary shall--
                                  (I) proceed with the notice 
                                of proposed rulemaking 
                                published simultaneously with 
                                the direct final rule as 
                                described in subparagraph 
                                (A)(i); and
                                  (II) publish in the Federal 
                                Register the reasons why the 
                                direct final rule was 
                                withdrawn.
                          (iii) Treatment of withdrawn direct 
                        final rules.--A direct final rule that 
                        is withdrawn under clause (i) shall not 
                        be considered to be a final rule for 
                        purposes of subsection (o).
                  (D) Effect of paragraph.--Nothing in this 
                paragraph authorizes the Secretary to issue a 
                direct final rule based solely on receipt of 
                more than 1 statement containing recommended 
                standards relating to the direct final rule.
  (q) Special Rule for Certain Types or Classes of Products.--
(1) A rule prescribing an energy conservation standard for a 
type (or class) of covered products shall specify a level of 
energy use or efficiency higher or lower than that which 
applies (or would apply) for such type (or class) for any group 
of covered products which have the same function or intended 
use, if the Secretary determines that covered products within 
such group--
          (A) consume a different kind of energy from that 
        consumed by other covered products within such type (or 
        class); or
          (B) have a capacity or other performance-related 
        feature which other products within such type (or 
        class) do not have and such feature justifies a higher 
        or lower standard from that which applies (or will 
        apply) to other products within such type (or class).
In making a determination under this paragraph concerning 
whether a performance-related feature justifies the 
establishment of a higher or lower standard, the Secretary 
shall consider such factors as the utility to the consumer of 
such a feature, and such other factors as the Secretary deems 
appropriate.
  (2) Any rule prescribing a higher or lower level of energy 
use or efficiency under paragraph (1) shall include an 
explanation of the basis on which such higher or lower level 
was established.
  (r) Inclusion in Standards of Test Procedures and Other 
Requirements.--Any new or amended energy conservation standard 
prescribed under this section shall include, where applicable, 
test procedures prescribed in accordance with section 323 and 
may include any requirement which the Secretary determines is 
necessary to assure that each covered product to which such 
standard applies meets the required minimum level of energy 
efficiency or maximum quantity of energy use specified in such 
standard.
  (s) Determination of Compliance With Standards.--Compliance 
with, and performance under, the energy conservation standards 
(except for design standards authorized by this part) 
established in, or prescribed under, this section shall be 
determined using the test procedures and corresponding 
compliance criteria prescribed under section 323.
  (t) Small Manufacturer Exemption.--(1) Subject to paragraph 
(2), the Secretary may, on application of any manufacturer, 
exempt such manufacturer from all or part of the requirements 
of any energy conservation standard established in or 
prescribed under this section for any period not longer than 
the 24-month period beginning on the date such rule becomes 
effective, if the Secretary finds that the annual gross 
revenues of such manufacturer from all its operations 
(including the manufacture and sale of covered products) does 
not exceed $8,000,000 for the 12-month period preceding the 
date of the application. In making such finding with respect to 
any manufacturer, the Secretary shall take into account the 
annual gross revenues of any other person who controls, is 
controlled by, or is under common control with, such 
manufacturer.
  (2) The Secretary may not exercise the authority granted 
under paragraph (1) with respect to any type (or class) of 
covered product subject to an energy conservation standard 
under this section unless the Secretary makes a finding, after 
obtaining the written views of the Attorney General, that a 
failure to allow an exemption under paragraph (1) would likely 
result in a lessening of competition.
  (u) Battery Charger and External Power Supply Electric Energy 
Consumption.--(1)(A) Not later than 18 months after the date of 
enactment of this subsection, the Secretary shall, after 
providing notice and an opportunity for comment, prescribe, by 
rule, definitions and test procedures for the power use of 
battery chargers and external power supplies.
  (B) In establishing the test procedures under subparagraph 
(A), the Secretary shall--
          (i) consider existing definitions and test procedures 
        used for measuring energy consumption in standby mode 
        and other modes; and
          (ii) assess the current and projected future market 
        for battery chargers and external power supplies.
  (C) The assessment under subparagraph (B)(ii) shall include--
          (i) estimates of the significance of potential energy 
        savings from technical improvements to battery chargers 
        and external power supplies; and
          (ii) suggested product classes for energy 
        conservation standards.
  (D) Not later than 18 months after the date of enactment of 
this subsection, the Secretary shall hold a scoping workshop to 
discuss and receive comments on plans for developing energy 
conservation standards for energy use for battery chargers and 
external power supplies.
                  (E) External power supplies and battery 
                chargers.--
                          (i) Energy conservation standards.--
                                  (I) External power 
                                supplies.--Not later than 2 
                                years after the date of 
                                enactment of this subsection, 
                                the Secretary shall issue a 
                                final rule that determines 
                                whether energy conservation 
                                standards shall be issued for 
                                external power supplies or 
                                classes of external power 
                                supplies.
                                  (II) Battery chargers.--Not 
                                later than July 1, 2011, the 
                                Secretary shall issue a final 
                                rule that prescribes energy 
                                conservation standards for 
                                battery chargers or classes of 
                                battery chargers or determine 
                                that no energy conservation 
                                standard is technically 
                                feasible and economically 
                                justified.
  (ii) For each product class, any energy conservation 
standards issued under clause (i) shall be set at the lowest 
level of energy use that--
          (I) meets the criteria and procedures of subsections 
        (o), (p), (q), (r), (s), and (t); and
          (II) would result in significant overall annual 
        energy savings, considering standby mode and other 
        operating modes.
  (2) The Secretary and the Administrator shall collaborate and 
develop programs (including programs under section 324A and 
other voluntary industry agreements or codes of conduct) that 
are designed to reduce standby mode energy use.
          (3) Efficiency standards for class a external power 
        supplies.--
                  (A) In general.--Subject to subparagraphs (B) 
                through (E), a class A external power supply 
                manufactured on or after the later of July 1, 
                2008, or the date of enactment of this 
                paragraph shall meet the following standards:


------------------------------------------------------------------------
                               Active Mode
-------------------------------------------------------------------------
                                         Required Efficiency (decimal
          Nameplate Output                equivalent of a percentage)
------------------------------------------------------------------------
Less than 1 watt                      0.5 times the Nameplate Output
------------------------------------------------------------------------
From 1 watt to not more than 51       The sum of 0.09 times the Natural
 watts                                 Logarithm of the Nameplate Output
                                       and 0.5
------------------------------------------------------------------------
Greater than 51 watts                 0.85
------------------------------------------------------------------------
No-Load Mode                          ..................................
                                     -----------------------------------
Nameplate Output                      Maximum Consumption
-------------------------------------
Not more than 250 watts               0.5 watts
------------------------------------------------------------------------

                  (B) Noncovered supplies.--A class A external 
                power supply shall not be subject to 
                subparagraph (A) if the class A external power 
                supply is--
                          (i) manufactured during the period 
                        beginning on July 1, 2008, and ending 
                        on June 30, 2015; and
                          (ii) made available by the 
                        manufacturer as a service part or a 
                        spare part for an end-use product--
                                  (I) that constitutes the 
                                primary load; and
                                  (II) was manufactured before 
                                July 1, 2008.
                  (C) Marking.--Any class A external power 
                supply manufactured on or after the later of 
                July 1, 2008 or the date of enactment of this 
                paragraph shall be clearly and permanently 
                marked in accordance with the External Power 
                Supply International Efficiency Marking 
                Protocol, as referenced in the ``Energy Star 
                Program Requirements for Single Voltage 
                External AC-DC and AC-AC Power Supplies, 
                version 1.1'' published by the Environmental 
                Protection Agency.
                  (D) Amendment of standards.--
                          (i) Final rule by july 1, 2011.--
                                  (I) In general.--Not later 
                                than July 1, 2011, the 
                                Secretary shall publish a final 
                                rule to determine whether the 
                                standards established under 
                                subparagraph (A) should be 
                                amended.
                                  (II) Administration.--The 
                                final rule shall--
                                          (aa) contain any 
                                        amended standards; and
                                          (bb) apply to 
                                        products manufactured 
                                        on or after July 1, 
                                        2013.
                          (ii) Final rule by july 1, 2021.--
                                  (I) In general.--Not later 
                                than July 1, 2021 the Secretary 
                                shall publish a final rule to 
                                determine whether the standards 
                                then in effect should be 
                                amended.
                                  (II) Administration.--The 
                                final rule shall--
                                          (aa) contain any 
                                        amended standards; and
                                          (bb) apply to 
                                        products manufactured 
                                        on or after July 1, 
                                        2023.
                  (E) Nonapplication of no-load mode energy 
                efficiency standards to external power supplies 
                for certain security or life safety alarms or 
                surveillance systems.--
                          (i) Definition of security or life 
                        safety alarm or surveillance system.--
                        In this subparagraph:
                                  (I) In general.--The term 
                                ``security or life safety alarm 
                                or surveillance system'' means 
                                equipment designed and marketed 
                                to perform any of the following 
                                functions (on a continuous 
                                basis):
                                          (aa) Monitor, detect, 
                                        record, or provide 
                                        notification of 
                                        intrusion or access to 
                                        real property or 
                                        physical assets or 
                                        notification of threats 
                                        to life safety.
                                          (bb) Deter or control 
                                        access to real property 
                                        or physical assets, or 
                                        prevent the 
                                        unauthorized removal of 
                                        physical assets.
                                          (cc) Monitor, detect, 
                                        record, or provide 
                                        notification of fire, 
                                        gas, smoke, flooding, 
                                        or other physical 
                                        threats to real 
                                        property, physical 
                                        assets, or life safety.
                                  (II) Exclusion.--The term 
                                ``security or life safety alarm 
                                or surveillance system'' does 
                                not include any product with a 
                                principal function other than 
                                life safety, security, or 
                                surveillance that--
                                          (aa) is designed and 
                                        marketed with a built-
                                        in alarm or theft-
                                        deterrent feature; or
                                          (bb) does not operate 
                                        necessarily and 
                                        continuously in active 
                                        mode.
                          (ii) Nonapplication of no-load mode 
                        requirements.--The No-Load Mode energy 
                        efficiency standards established by 
                        this paragraph shall not apply to an 
                        external power supply manufactured 
                        before the effective date of the 
                        amendment under subparagraph (D)(ii) 
                        that--
                                  (I) is an AC-to-AC external 
                                power supply;
                                  (II) has a nameplate output 
                                of 20 watts or more;
                                  (III) is certified to the 
                                Secretary as being designed to 
                                be connected to a security or 
                                life safety alarm or 
                                surveillance system component; 
                                and
                                  (IV) on establishment within 
                                the External Power Supply 
                                International Efficiency 
                                Marking Protocol, as referenced 
                                in the ``Energy Star Program 
                                Requirements for Single Voltage 
                                External Ac-Dc and Ac-Ac Power 
                                Supplies'', published by the 
                                Environmental Protection 
                                Agency, of a distinguishing 
                                mark for products described in 
                                this clause, is permanently 
                                marked with the distinguishing 
                                mark.
                          (iii) Administration.--In carrying 
                        out this subparagraph, the Secretary 
                        shall--
                                  (I) require, with appropriate 
                                safeguard for the protection of 
                                confidential business 
                                information, the submission of 
                                unit shipment data on an annual 
                                basis; and
                                  (II) restrict the eligibility 
                                of external power supplies for 
                                the exemption provided under 
                                this subparagraph on a finding 
                                that a substantial number of 
                                the external power supplies are 
                                being marketed to or installed 
                                in applications other than 
                                security or life safety alarm 
                                or surveillance systems.
                          (iv) Treatment in rule.--In the rule 
                        under subparagraph (D)(ii) and 
                        subsequent amendments the Secretary may 
                        treat some or all external power 
                        supplies designed to be connected to a 
                        security or life safety alarm or 
                        surveillance system as a separate 
                        product class or may extend the 
                        nonapplication under clause (ii).
          (4) End-use products.--An energy conservation 
        standard for external power supplies shall not 
        constitute an energy conservation standard for the 
        separate end-use product to which the external power 
        supply is connected.
          (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 fall below 
                        International Efficiency Level VI.
                          (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.
  (v) Refrigerated Beverage Vending Machines.--(1) Not later 
than 4 years after the date of enactment of this subsection, 
the Secretary shall prescribe, by rule, energy conservation 
standards for refrigerated bottle or canned beverage vending 
machines.
  (2) In establishing energy conservation standards under this 
subsection, the Secretary shall use the criteria and procedures 
prescribed under subsections (o) and (p).
  (3) Any energy conservation standard prescribed under this 
subsection shall apply to products manufactured 3 years after 
the date of publication of a final rule establishing the energy 
conservation standard.
  (w) Illuminated Exit Signs.--An illuminated exit sign 
manufactured on or after January 1, 2006, shall meet the 
version 2.0 Energy Star Program performance requirements for 
illuminated exit signs prescribed by the Environmental 
Protection Agency.
  (x) Torchieres.--A torchiere manufactured on or after January 
1, 2006--
          (1) shall consume not more than 190 watts of power; 
        and
          (2) shall not be capable of operating with lamps that 
        total more than 190 watts.
  (y) Low Voltage Dry-Type Distribution Transformers.--The 
efficiency of a low voltage dry-type distribution transformer 
manufactured on or after January 1, 2007, shall be the Class I 
Efficiency Levels for distribution transformers specified in 
table 4-2 of the ``Guide for Determining Energy Efficiency for 
Distribution Transformers'' published by the National 
Electrical Manufacturers Association (NEMA TP-1-2002).
  (z) Traffic Signal Modules and Pedestrian Modules.--Any 
traffic signal module or pedestrian module manufactured on or 
after January 1, 2006, shall--
          (1) meet the performance requirements used under the 
        Energy Star program of the Environmental Protection 
        Agency for traffic signals, as in effect on the date of 
        enactment of this subsection; and
          (2) be installed with compatible, electrically 
        connected signal control interface devices and conflict 
        monitoring systems.
  (aa) Unit Heaters.--A unit heater manufactured on or after 
the date that is 3 years after the date of enactment of this 
subsection shall--
          (1) be equipped with an intermittent ignition device; 
        and
          (2) have power venting or an automatic flue damper.
  (bb) Medium Base Compact Fluorescent Lamps.--(1) A bare lamp 
and covered lamp (no reflector) medium base compact fluorescent 
lamp manufactured on or after January 1, 2006, shall meet the 
following requirements prescribed by the August 9, 2001, 
version of the Energy Star Program Requirements for Compact 
Fluorescent Lamps, Energy Star Eligibility Criteria, Energy-
Efficiency Specification issued by the Environmental Protection 
Agency and Department of Energy:
          (A) Minimum initial efficacy.
          (B) Lumen maintenance at 1000 hours.
          (C) Lumen maintenance at 40 percent of rated life.
          (D) Rapid cycle stress test.
          (E) Lamp life.
  (2) The Secretary may, by rule, establish requirements for 
color quality (CRI), power factor, operating frequency, and 
maximum allowable start time based on the requirements 
prescribed by the August 9, 2001, version of the Energy Star 
Program Requirements for Compact Fluorescent Lamps.
  (3) The Secretary may, by rule--
          (A) revise the requirements established under 
        paragraph (2); or
          (B) establish other requirements, after considering 
        energy savings, cost effectiveness, and consumer 
        satisfaction.
  (cc) Dehumidifiers.--(1) Dehumidifiers manufactured on or 
after October 1, 2007, shall have an Energy Factor that meets 
or exceeds the following values:

Product Capacity (pints/day):         Minimum Energy Factor (Liters/kWh)
    25.00 or less.............................................     1.00 
    25.01 - 35.00.............................................     1.20 
    35.01 - 54.00.............................................     1.30 
    54.01 - 74.99.............................................     1.50 
    75.00 or more.............................................    2.25. 

          (2) Dehumidifiers manufactured on or after october 1, 
        2012.--Dehumidifiers manufactured on or after October 
        1, 2012, shall have an Energy Factor that meets or 
        exceeds the following values:

Product Capacity (pints/day):         Minimum Energy Factor (liters/kWh)
    Up to 35.00...............................................     1.35 
    35.01-45.00...............................................     1.50 
    45.01-54.00...............................................     1.60 
    54.01-75.00...............................................     1.70 
    Greater than 75.00........................................     2.5. 

  (dd) Commercial Prerinse Spray Valves.--Commercial prerinse 
spray valves manufactured on or after January 1, 2006, shall 
have a flow rate of not more than 1.6 gallons per minute.
  (ee) Mercury Vapor Lamp Ballasts.--Mercury vapor lamp 
ballasts (other than specialty application mercury vapor lamp 
ballasts) shall not be manufactured or imported after January 
1, 2008.
  (ff) Ceiling Fans and Ceiling Fan Light Kits.--(1)(A) All 
ceiling fans manufactured on or after January 1, 2007, shall 
have the following features:
          (i) Fan speed controls separate from any lighting 
        controls.
          (ii) Adjustable speed controls (either more than 1 
        speed or variable speed).
          (iii) The capability of reversible fan action, except 
        for--
                  (I) fans sold for industrial applications;
                  (II) fans sold for outdoor applications; and
                  (III) cases in which safety standards would 
                be violated by the use of the reversible mode.
  (B) The Secretary may define the exceptions described in 
clause (iv) in greater detail, but shall not substantively 
expand the exceptions.
  (2)(A) Ceiling fan light kits with medium screw base sockets 
manufactured on or after January 1, 2007, shall be packaged 
with screw-based lamps to fill all screw base sockets.
  (B) The screw-based lamps required under subparagraph (A) 
shall--
          (i) meet the Energy Star Program Requirements for 
        Compact Fluorescent Lamps, version 3.0, issued by the 
        Department of Energy; or
          (ii) use light sources other than compact fluorescent 
        lamps that have lumens per watt performance at least 
        equivalent to comparably configured compact fluorescent 
        lamps meeting the Energy Star Program Requirements 
        described in clause (i).
  (3) Ceiling fan light kits with pin-based sockets for 
fluorescent lamps manufactured on or after January 1, 2007 
shall--
          (A) meet the Energy Star Program Requirements for 
        Residential Light Fixtures version 4.0 issued by the 
        Environmental Protection Agency; and
          (B) be packaged with lamps to fill all sockets.
  (4)(A) By January 1, 2007, the Secretary shall consider and 
issue requirements for any ceiling fan lighting kits other than 
those covered in paragraphs (2) and (3), including candelabra 
screw base sockets.
  (B) The requirements issued under subparagraph (A) shall be 
effective for products manufactured 2 years after the date of 
the final rule.
  (C) If the Secretary fails to issue a final rule by the date 
specified in subparagraph (A), any type of ceiling fan lighting 
kit described in subparagraph (A) that is manufactured after 
January 1, 2009--
          (i) shall not be capable of operating with lamps that 
        total more than 190 watts; and
          (ii) shall be packaged with lamps to fill all 
        sockets.
  (5)(A) After January 1, 2010, the Secretary may consider, and 
issue, if the requirements of subsections (o) and (p) are met, 
amended energy efficiency standards for ceiling fan light kits.
  (B) Any amended standards issued under subparagraph (A) shall 
apply to products manufactured not earlier than 2 years after 
the date of publication of the final rule establishing the 
amended standard.
  (6)(A) Notwithstanding any other provision of this Act, the 
Secretary may consider, and issue, if the requirements of 
subsections (o) and (p) are met, energy efficiency or energy 
use standards for electricity used by ceiling fans to circulate 
air in a room.
  (B) In issuing the standards under subparagraph (A), the 
Secretary shall consider--
          (i) exempting, or setting different standards for, 
        certain product classes for which the primary standards 
        are not technically feasible or economically justified; 
        and
          (ii) establishing separate exempted product classes 
        for highly decorative fans for which air movement 
        performance is a secondary design feature.
  (7) Section 327 shall apply to the products covered in 
paragraphs (1) through (4) beginning on the date of enactment 
of this subsection, except that any State or local labeling 
requirement for ceiling fans prescribed or enacted before the 
date of enactment of this subsection shall not be preempted 
until the labeling requirements applicable to ceiling fans 
established under section 324 take effect.
  (gg) Standby Mode Energy Use.--
          (1) Definitions.--
                  (A) In general.--Unless the Secretary 
                determines otherwise pursuant to subparagraph 
                (B), in this subsection:
                          (i) Active mode.--The term ``active 
                        mode'' means the condition in which an 
                        energy-using product--
                                  (I) is connected to a main 
                                power source;
                                  (II) has been activated; and
                                  (III) provides 1 or more main 
                                functions.
                          (ii) Off mode.--The term ``off mode'' 
                        means the condition in which an energy-
                        using product--
                                  (I) is connected to a main 
                                power source; and
                                  (II) is not providing any 
                                standby or active mode 
                                function.
                          (iii) Standby mode.--The term 
                        ``standby mode'' means the condition in 
                        which an energy-using product--
                                  (I) is connected to a main 
                                power source; and
                                  (II) offers 1 or more of the 
                                following user-oriented or 
                                protective functions:
                                          (aa) To facilitate 
                                        the activation or 
                                        deactivation of other 
                                        functions (including 
                                        active mode) by remote 
                                        switch (including 
                                        remote control), 
                                        internal sensor, or 
                                        timer.
                                          (bb) Continuous 
                                        functions, including 
                                        information or status 
                                        displays (including 
                                        clocks) or sensor-based 
                                        functions.
                  (B) Amended definitions.--The Secretary may, 
                by rule, amend the definitions under 
                subparagraph (A), taking into consideration the 
                most current versions of Standards 62301 and 
                62087 of the International Electrotechnical 
                Commission.
          (2) Test procedures.--
                  (A) In general.--Test procedures for all 
                covered products shall be amended pursuant to 
                section 323 to include standby mode and off 
                mode energy consumption, taking into 
                consideration the most current versions of 
                Standards 62301 and 62087 of the International 
                Electrotechnical Commission, with such energy 
                consumption integrated into the overall energy 
                efficiency, energy consumption, or other energy 
                descriptor for each covered product, unless the 
                Secretary determines that--
                          (i) the current test procedures for a 
                        covered product already fully account 
                        for and incorporate the standby mode 
                        and off mode energy consumption of the 
                        covered product; or
                          (ii) such an integrated test 
                        procedure is technically infeasible for 
                        a particular covered product, in which 
                        case the Secretary shall prescribe a 
                        separate standby mode and off mode 
                        energy use test procedure for the 
                        covered product, if technically 
                        feasible.
                  (B) Deadlines.--The test procedure amendments 
                required by subparagraph (A) shall be 
                prescribed in a final rule no later than the 
                following dates:
                          (i) December 31, 2008, for battery 
                        chargers and external power supplies.
                          (ii) March 31, 2009, for clothes 
                        dryers, room air conditioners, and 
                        fluorescent lamp ballasts.
                          (iii) June 30, 2009, for residential 
                        clothes washers.
                          (iv) September 30, 2009, for 
                        residential furnaces and boilers.
                          (v) March 31, 2010, for residential 
                        water heaters, direct heating 
                        equipment, and pool heaters.
                          (vi) March 31, 2011, for residential 
                        dishwashers, ranges and ovens, 
                        microwave ovens, and dehumidifiers.
                  (C) Prior product standards.--The test 
                procedure amendments adopted pursuant to 
                subparagraph (B) shall not be used to determine 
                compliance with product standards established 
                prior to the adoption of the amended test 
                procedures.
          (3) Incorporation into standard.--
                  (A) In general.--Subject to subparagraph (B), 
                based on the test procedures required under 
                paragraph (2), any final rule establishing or 
                revising a standard for a covered product, 
                adopted after July 1, 2010, shall incorporate 
                standby mode and off mode energy use into a 
                single amended or new standard, pursuant to 
                subsection (o), if feasible.
                  (B) Separate standards.--If not feasible, the 
                Secretary shall prescribe within the final rule 
                a separate standard for standby mode and off 
                mode energy consumption, if justified under 
                subsection (o).
  (hh) Metal Halide Lamp Fixtures.--
          (1) Standards.--
                  (A) In general.--Subject to subparagraphs (B) 
                and (C), metal halide lamp fixtures designed to 
                be operated with lamps rated greater than or 
                equal to 150 watts but less than or equal to 
                500 watts shall contain--
                          (i) a pulse-start metal halide 
                        ballast with a minimum ballast 
                        efficiency of 88 percent;
                          (ii) a magnetic probe-start ballast 
                        with a minimum ballast efficiency of 94 
                        percent; or
                          (iii) a nonpulse-start electronic 
                        ballast with--
                                  (I) a minimum ballast 
                                efficiency of 92 percent for 
                                wattages greater than 250 
                                watts; and
                                  (II) a minimum ballast 
                                efficiency of 90 percent for 
                                wattages less than or equal to 
                                250 watts.
                  (B) Exclusions.--The standards established 
                under subparagraph (A) shall not apply to--
                          (i) fixtures with regulated lag 
                        ballasts;
                          (ii) fixtures that use electronic 
                        ballasts that operate at 480 volts; or
                          (iii) fixtures that--
                                  (I) are rated only for 150 
                                watt lamps;
                                  (II) are rated for use in wet 
                                locations, as specified by the 
                                National Electrical Code 2002, 
                                section 410.4(A); and
                                  (III) contain a ballast that 
                                is rated to operate at ambient 
                                air temperatures above 50+C, as 
                                specified by UL 1029-2001.
                  (C) Application.--The standards established 
                under subparagraph (A) shall apply to metal 
                halide lamp fixtures manufactured on or after 
                the later of--
                          (i) January 1, 2009; or
                          (ii) the date that is 270 days after 
                        the date of enactment of this 
                        subsection.
          (2) Final rule by january 1, 2012.--
                  (A) In general.--Not later than January 1, 
                2012, the Secretary shall publish a final rule 
                to determine whether the standards established 
                under paragraph (1) should be amended.
                  (B) Administration.--The final rule shall--
                          (i) contain any amended standard; and
                          (ii) apply to products manufactured 
                        on or after January 1, 2015.
          (3) Final rule by january 1, 2019.--
                  (A) In general.--Not later than January 1, 
                2019, the Secretary shall publish a final rule 
                to determine whether the standards then in 
                effect should be amended.
                  (B) Administration.--The final rule shall--
                          (i) contain any amended standards; 
                        and
                          (ii) apply to products manufactured 
                        after January 1, 2022.
          (4) Design and performance requirements.--
        Notwithstanding any other provision of law, any 
        standard established pursuant to this subsection may 
        contain both design and performance requirements.
  (ii) Application Date.--Section 327 applies--
          (1) to products for which energy conservation 
        standards are to be established under subsection (l), 
        (u), or (v) beginning on the date on which a final rule 
        is issued by the Secretary, except that any State or 
        local standard prescribed or enacted for the product 
        before the date on which the final rule is issued shall 
        not be preempted until the energy conservation standard 
        established under subsection (l), (u), or (v) for the 
        product takes effect; and
          (2) to products for which energy conservation 
        standards are established under subsections (w) through 
        (hh) on the date of enactment of those subsections, 
        except that any State or local standard prescribed or 
        enacted before the date of enactment of those 
        subsections shall not be preempted until the energy 
        conservation standards established under subsections 
        (w) through (hh) take effect.

           *       *       *       *       *       *       *


Part C--Certain Industrial Equipment

           *       *       *       *       *       *       *


   energy conservation standards for high-intensity discharge lamps, 
          distribution transformers, and small electric motors

  Sec. 346. (a)(1) The Secretary shall, within 30 months after 
the date of the enactment of the Energy Policy Act of 1992, 
prescribe testing requirements for those high-intensity 
discharge lamps and distribution transformers for which the 
Secretary makes a determination that energy conservation 
standards would be technologically feasible and economically 
justified, and would result in significant energy savings.
  (2) The Secretary shall, within 18 months after the date on 
which testing requirements are prescribed by the Secretary 
pursuant to paragraph (1), prescribe, by rule, energy 
conservation standards for those high-intensity discharge lamps 
and distribution transformers for which the Secretary 
prescribed testing requirements under paragraph (1).
  (3) Any standard prescribed under paragraph (2) with respect 
to high-intensity discharge lamps shall apply to such lamps 
manufactured 36 months after the date such rule is published.
  (b)(1) The Secretary shall, within 30 months after the date 
of the enactment of the Energy Policy Act of 1992, prescribe 
testing requirements for those small electric motors for which 
the Secretary makes a determination that energy conservation 
standards would be technologically feasible and economically 
justified, and would result in significant energy savings.
  (2) The Secretary shall, within 18 months after the date on 
which testing requirements are prescribed by the Secretary 
pursuant to paragraph (1), prescribe, by rule, energy 
conservation standards for those small electric motors for 
which the Secretary prescribed testing requirements under 
paragraph (1).
  (3) Any standard prescribed under paragraph (2) shall apply 
to small electric motors manufactured 60 months after the date 
such rule is published or, in the case of small electric motors 
which require listing or certification by a nationally 
recognized testing laboratory, 84 months after such date. Such 
standards shall not apply to any small electric motor which is 
a component of a covered product under section 322(a) or a 
covered equipment under section 340.
  [(c) In establishing any standard under this section, the 
Secretary shall take into consideration the criteria contained 
in section 325(n).]
  (d) The Secretary shall, within six months after the date on 
which energy conservation standards are prescribed by the 
Secretary for high-intensity discharge lamps and distribution 
transformers pursuant to subsection (a)(2) and small electric 
motors pursuant to subsection (b)(2), prescribe labeling 
requirements for such lamps, transformers, and small electric 
motors.
  (e) Beginning on the date which occurs six months after the 
date on which a labeling rule is prescribed for a product under 
subsection (d), each manufacturer of a product to which such a 
rule applies shall provide a label which meets, and is 
displayed in accordance with, the requirements of such rule.
  (f)(1) After the date on which a manufacturer must provide a 
label for a product pursuant to subsection (e)--
          (A) each such product shall be considered, for 
        purposes of paragraphs (1) and (2) of section 332(a), a 
        new covered product to which a rule under section 324 
        applies; and
          (B) it shall be unlawful for any manufacturer or 
        private labeler to distribute in commerce any new 
        product for which an energy conservation standard is 
        prescribed under subsection (a)(2) or (b)(2) which is 
        not in conformity with the applicable energy 
        conservation standard.
  (2) For purposes of section 333(a), paragraph (1) of this 
subsection shall be considered to be a part of section 332.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    H.R. 6192, the ``Hands off our Home Appliances Act,'' will 
hurt consumers and harm efforts to reduce emissions. The bill 
amends the Energy Policy and Conservation Act (EPCA) to add 
burdensome, duplicative, and contradictory procedures to the 
Department of Energy's (DOE) processes for issuing energy 
efficiency standards. It also gives future administrations the 
ability to revoke existing standards, potentially violating the 
statute's anti-backsliding provisions. For these reasons, the 
Minority strongly opposes H.R. 6192.
    H.R. 6192 will significantly limit DOE's ability to 
finalize and enforce energy conservation standards. The bill 
amends EPCA to make substantial changes to DOE's ability to 
finalize energy efficiency standards for appliances. It amends 
test procedures required for finalizing a standard in several 
ways. If the bill were enacted, test procedures would have 
several new requirements, including an economic analysis, 
minimum energy savings, performance and compatibility factors, 
and market and competition review. The bill would also prohibit 
the banning of a product based on a type of fuel, and ban DOE 
from factoring in social costs of greenhouse gas emissions in 
its determination.
    While some of these test requirements may sound like good 
faith efforts to protect consumers, they are in fact designed 
to protect industry and slow down DOE's rulemaking process. 
EPCA already requires energy conservation standards to result 
in significant savings, and be technologically feasible and 
economically justifiable. H.R. 6192 adds cumbersome and 
duplicative hurdles to the existing rulemaking process which 
would hamper efforts to improve the efficiency of household 
appliances and slow down rulemaking processes.
    H.R. 6192 also amends EPCA to allow a future administration 
to revoke existing standards. This could lead to the gutting of 
DOE's efficiency standards program. The bill does not address 
how this new authority interacts with EPCA's anti-backsliding 
provisions, thus creating statutory ambiguity.
    H.R. 6192 was amended in the Full Committee Markup to 
further weaken energy efficiency standards. Language was added 
to the bill that considers revoked federal efficiency standards 
to be in effect for the sole purpose of preempting state 
action, thus preventing states from issuing their own appliance 
standards if a federal standard is no longer in force.
    At a Subcommittee on Energy, Climate, and Grid Security 
hearing on a draft version of H.R. 6192, Assistant Secretary 
Gene Rodrigues from the Office of Electricity at the Department 
of Energy, stated that, in addition to delaying efficiency and 
robbing future Americans of their ability to save energy in 
their homes and businesses, bills that slow down or compromise 
the efficiency standards process also create ``uncertainty in 
the marketplace for those manufacturers and distributors who 
produce and distribute efficient products.''\1\ DOE already 
employs a transparent and deliberative process that is capable 
of working with industry and delivering savings to Americans.
---------------------------------------------------------------------------
    \1\House Committee on Energy and Commerce, Hearing on Keeping the 
Lights On: Enhancing Reliability and Efficiency to Power American 
Homes, 118th Cong. (Jan. 19, 2024).
---------------------------------------------------------------------------
    As a result of energy efficiency standards, American 
consumers already save up to $500 a year on utility bills. This 
is expected to total up to $1.9 trillion in savings by 2035.\2\ 
Additionally, a range of proposed and finalized standards for 
household appliances developed under the Biden Administration 
have the potential to save consumers $570 billion cumulatively, 
and the average household at least $100 annually.\3\ Appliance 
standards are also a crucial tool in reducing carbon emissions 
and meeting our climate targets.
---------------------------------------------------------------------------
    \2\Appliance Standards Awareness Project, Appliance Standards Rank 
as #2 Energy Saving Tools in US (appliance-standards.org/image/
appliance-standards-rank-2-energy-saving-tool-us) (accessed Jan. 26, 
2024).
    \3\The White House, Fact Sheet: Biden-Harris Administration Takes 
More Than 100 Actions in 2022 to Strengthen Energy Efficiency Standards 
and Save Families (Dec. 19, 2022) (press release).
---------------------------------------------------------------------------
    For the reasons stated above, we dissent from the views 
contained in the Committee's report.
                                        Frank Pallone, Jr.,
                                                    Ranking Member.

                                  [all]