[House Report 118-455]
[From the U.S. Government Publishing Office]


118th Congress  }                                            {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                            {    118-455

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



 
               STOP UNAFFORDABLE DISHWASHER STANDARDS ACT

                                _______
                                

 April 10, 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. 7700]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 7700) to prohibit the Secretary of Energy from 
prescribing or enforcing energy conservation standards for 
dishwashers that are not cost-effective or technologically 
feasible, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Action.................................................     3
Committee Votes..................................................     4
Oversight Findings and Recommendations...........................     6
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Related Committee and Subcommittee Hearings......................     6
Committee Cost Estimate..........................................     7
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8
Minority Views...................................................     9

                          PURPOSE AND SUMMARY

    H.R. 7700, the ``Stop Unaffordable Dishwasher Standards 
Act'' was introduced by Representative Langworthy (R-NY) on 
March 15, 2024. The legislation would prohibit the Secretary of 
Energy from prescribing or enforcing energy efficiency 
standards for dishwashers that are not technologically feasible 
and economically justified, that are likely to result in 
additional net costs to consumers, or that are not likely to 
result in a significant conservation of energy.

                  BACKGROUND AND NEED FOR LEGISLATION

    Congress enacted the Energy Policy and Conservation Act 
(EPCA) in 1975 with the goal of increasing domestic energy 
production and supply, reducing demand, encouraging more 
efficient use of energy, and to improve energy security.\1\ 
EPCA authorized the Department of Energy's (DOE) Appliance and 
Equipment Standards Program 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, technologically feasible, and result in significant 
conservation of energy.
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    \1\42 U.S.C. Sec. 6201.
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    Pursuant to EPCA, the DOE is required to 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.\2\ 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.\3\
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    \2\42 U.S.C. Sec. 6292(a).
    \3\42 U.S.C. Sec. 6312.
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    Under EPCA, 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 to 
issue a Notice of Proposed Rulemaking (NOPR) including a new 
proposed standard.\4\ 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 also includes a provision which categorically 
prohibits any new or amended standard if the Secretary finds, 
by preponderance of 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.\5\ This provision prohibits DOE from setting 
efficiency standards that would sacrifice the availability of a 
product or any desired product characteristics.
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    \4\42 U.S.C. Sec. 6295(m)(1).
    \5\42 U.S.C. Sec. 6295(o)(4)
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    The Committee finds that the DOE has continuously ignored 
the consumer protections built into the underlying statute, 
EPCA, when setting efficiency standards. As a result, the DOE's 
excessive standards have increased the cost of appliances, 
undercut appliance product quality, and jeopardized consumer 
choice. The Committee has found that multiple recently proposed 
and finalized rules will not save a significant amount of 
energy and are not cost-effective. On May 19, 2023, the DOE's 
Office of Energy Efficiency and Renewable Energy issued a 
Notice of Proposed Rulemaking (NOPR) for dishwasher efficiency 
standards.\6\ According the Biden administration's own analysis 
under the proposed rule, it would take more than twelve years 
for the proposed efficiency upgrades to breakeven. Further, the 
existing energy and water requirements for dishwashers are 
already compromising product quality. As a result of existing 
efficiency requirements, it now takes more than two cycles to 
clean a load of dishes. According to the DOE's own analysis, 
the proposed rule would save consumers $17 dollars over the 
life of the appliance. The estimated life of a dishwasher is 
15.2 years, which breaks the savings down to $1.12 dollars 
annually.\7\
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    \6\88 FR 32,514.
    \7\88 FR 32,516.
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    The Committee finds these numbers violate the rulemaking 
framework prescribed in EPCA, which requires the implementation 
of new standards to be technologically feasible, economically 
justified, and result in a significant conservation of energy. 
The NOPR is so stringent it would negatively impact desired 
product characteristics, rendering it in violation of EPCA. In 
fact, in January 2024, the U.S. Fifth Circuit Court of Appeals 
determined the Biden administration's dishwasher rule did not 
adequately consider appliance performance when setting new 
efficiency standards.\8\ Because this administration has 
continuously proposed efficiency standards that violate EPCA, 
the Committee believes that this legislation is necessary to 
prevent the DOE from prescribing or enforcing energy efficiency 
standards for dishwashers that are not technologically feasible 
and economically justified, that are likely to result in 
additional net costs to consumers, or that are not likely to 
result in a significant conservation of energy. The Committee 
finds the DOE continuously downplays and ignores the consumer 
protections in EPCA and prescribes standards that run contrary 
to the statute's original intent. This legislation is necessary 
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.
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    \8\State of Louisiana v. Department of Energy (DOE), (5th Cir. 
2024).
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                            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 was ``Keeping the Lights On: 
Enhancing Reliability and Efficiency to Power American Homes.'' 
The purpose of H.R. 6192 was to 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. H.R. 6192 
informed the development of H.R. 7700. 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 March 6, 2024, the Subcommittee on Energy, Climate, and 
Grid Security met in open markup session and forwarded a 
discussion draft of H.R. 7700, without amendment, to the full 
Committee by a record vote of 15 yeas and 10 nays.
    On March 20, 2024, the full Committee on Energy and 
Commerce met in open markup session and ordered H.R. 7700, 
without amendment, favorably reported to the House by a record 
vote of 25 yeas and 21 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:


                 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. 7700 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, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       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 on dishwashers that (1) are not 
technologically feasible, (2) increase the cost of appliances, 
and (3) do not conserve a significant amount of energy.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 7700 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. 7700:
           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 
        was ``Keeping the Lights On: Enhancing Reliability and 
        Efficiency to Power American Homes.'' The purpose of 
        H.R. 6192 was to 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. 
        H.R. 6192 informed the development of H.R. 7700. 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. At the time this report was 
filed, the estimate was not available.

       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. 7700 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 cited as the ``Stop 
Unaffordable Dishwasher Standards Act.''

Section 2. Prescribing and enforcing energy conservation standards for 
        dishwashers

    Section 2(a) prohibits the Secretary of Energy from 
prescribing or enforcing a new or an amended energy 
conservation standard for a dishwasher that is not 
technologically feasible or economically justified. Nothing in 
this section amends subsections (m), (n), or (o) of section 325 
of EPCA.
    Section 2(b) prohibits the Secretary of Energy from 
prescribing or enforcing a new or an amended energy 
conservation standard for a dishwasher that is likely to result 
in additional net costs to the consumer. Nothing in this 
section amends subsections (m), (n), or (o) of section 325 of 
EPCA.
    Section 2(c) prohibits the Secretary of Energy from 
prescribing or enforcing a new or an amended energy 
conservation standard for a dishwasher that will not result in 
a significant conservation of energy. Nothing in this section 
amends subsections (m), (n), or (o) of section 325 of EPCA.
    Section 2(d) provides that the terms ``covered product'' 
and ``energy conservation standard'' have the same meaning as 
such terms in section 321 of EPCA (42 U.S.C. 6291).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.

                             MINORITY VIEWS

    H.R. 7700, the Stop Unaffordable Dishwasher Standards 
(SUDS) Act H.R. 7700, the ``Stop Unaffordable Dishwasher 
Standards (SUDS) Act,'' would prevent Americans from 
benefitting from the cost and energy savings made possible by 
the appliance standards set through the Energy Policy and 
Conservation Act (EPCA).
    While H.R. 7700 is drafted to look like a consumer 
protection bill, this bill is designed to weaken the Department 
of Energy's popular and successful energy conservation program. 
H.R. 7700 fails to acknowledge or account for the fact that 
EPCA already requires standards to result in significant energy 
conservation and be technologically feasible and economically 
justified.\1\ The bills also does not specify when it would go 
into effect, potentially blocking enforcement of both recent 
and pending updated standards. H.R. 7700 also does not include 
definitions for any of its terms, leaving the door open for 
drastically different interpretations from administration to 
administration. By failing to account for life cycle cost 
savings from dishwashers and failing to define ``significant 
conservation of energy,'' this bill creates a vague set of 
standards that would conflict with what already exists in EPCA.
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    \1\Congressional Research Service, The Department of Energy's 
Appliance and Equipment Standards Program (Feb. 2022) (R47038).
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    H.R. 7700 also runs counter to a consensus agreement 
reached for dishwashers, in addition to other home appliances. 
In September 2023, home appliance manufacturers, along with 
energy efficiency advocates, came together to announce a 
consensus agreement on energy and water efficiency for 
dishwashers, refrigerators and freezers, beverage and wine 
chillers, clothes washers, clothes dryers, and cooking 
products.\2\ As the Committee Report for H.R. 7700 
acknowledges, the energy conservation standard for dishwashers 
is not yet finalized. It is not clear how H.R. 7700 would 
impact the finalization of dishwasher standards. The Department 
of Energy already has a robust process for engaging 
stakeholders in the development of conservation standards, and 
we strongly support this existing process.
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    \2\Association of Home Appliance Manufacturers, Agreement on Home 
Appliance Efficiency Standards Will Preserve Consumer Features and 
Deliver Remarkable Energy Savings (Sept. 13, 2023).
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    In the Committee report for H.R. 7700, the Majority cites a 
Subcommittee on Energy, Climate, and Grid Security hearing on 
September 13, 2023 as the basis for H.R. 7700. This hearing, 
titled ``Keeping the Lights On: Enhancing Reliability and 
Efficiency to Power American Homes,'' did not include testimony 
on H.R. 7700. As a result, the Committee did not receive any 
expert witness testimony on the need for the bill or its 
effects on a not-yet-finalized rule.
    Energy conservation standards are popular. Three out of 
five Americans support stricter energy efficiency standards for 
appliances and buildings.\3\ Additionally, the Biden 
Administration's past and planned energy efficiency actions 
will save Americans $570 billion over the next 30 years.\4\ We 
believe that the energy conservation program should be 
strengthened, not weakened by vague and duplicative statutory 
language.
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    \3\Attitudes on Natural Gas Bans Aren't Changing Much--but Support 
is Rising for Strengthened Energy Efficiency Standards, Morning Consult 
Pro (Apr. 27, 2023).
    \4\Department of Energy, DOE Announces Efficiency Standards to Save 
Americans More Than $1 Billion Annually in Utility Bills (July 28, 
2023) (press release).
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    For the reasons stated above, we oppose H.R. 7700.

                                        Frank Pallone, Jr.,
                                                    Ranking Member.