[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1326 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1326
To strengthen the Department of Energy's appliance energy efficiency
standards program and promote further energy efficiency gains, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2021
Ms. Brownley introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To strengthen the Department of Energy's appliance energy efficiency
standards program and promote further energy efficiency gains, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Appliances Act''.
SEC. 2. REPEALS.
(a) Procedures for Use in New or Revised Energy Conservation
Standards and Test Procedures.--The final rule titled ``Energy
Conservation Program for Appliance Standards: Procedures for Use in New
or Revised Energy Conservation Standards and Test Procedures for
Consumer Products and Commercial/Industrial Equipment'' (published at
85 Fed. Reg. 8626 (February 14, 2020)) shall have no force or effect
and shall be treated as if such rule had never been issued.
(b) Procedures for Evaluating Statutory Factors.--The final rule
titled ``Energy Conservation Program for Appliance Standards:
Procedures for Evaluating Statutory Factors for Use in New or Revised
Energy Conservation Standards'' (published at 85 Fed. Reg. 50937
(August 19, 2020)) shall have no force or effect and shall be treated
as if such rule had never been issued.
SEC. 3. MULTIPLE METRICS.
Section 321(6) of the Energy Policy and Conservation Act (42 U.S.C.
6291(6)) is amended to read as follows:
``(6) Energy conservation standard.--
``(A) In general.--The term `energy conservation
standard' means, with respect to a product, 1 or more
performance standards that prescribe--
``(i) a minimum level of energy efficiency
or a maximum quantity of energy use, determined
in accordance with test procedures prescribed
under section 323;
``(ii) a minimum level of water efficiency
or a maximum quantity of water use, determined
in accordance with test procedures prescribed
under section 323; or
``(iii) both (i) and (ii).
``(B) Inclusions.--The term `energy conservation
standard' includes--
``(i) 1 or more design requirements; and
``(ii) any other requirements that the
Secretary may prescribe under section
325(r).''.
SEC. 4. EXPANDING THE POOL OF COVERED PRODUCTS.
(a) Lowering Energy Threshold Levels for Consumer Products.--
(1) Special classification of consumer product.--Section
322(b)(1)(B) of the Energy Policy and Conservation Act (42
U.S.C. 6292(b)(1)(B)) is amended by striking ``exceed 100'' and
inserting ``exceed 75''.
(2) Standards for other covered products.--Section
325(l)(1)(A) of the Energy Policy and Conservation Act (42
U.S.C. 6295(l)(1)(A)) is amended by striking ``exceeded 150''
and inserting ``exceeded 75''.
(b) Industrial Equipment.--Section 340(2)(B) of the Energy Policy
and Conservation Act (42 U.S.C. 6311(2)(B)) is amended--
(1) in clause (xii), by striking ``and''; and
(2) by striking clause (xiii) and inserting the following:
``(xiii) other motors; and
``(xiv) other types of equipment for which the Secretary
determines that--
``(I) classifying equipment of such type as
industrial equipment is necessary or appropriate to
carry out the purposes of this part; and
``(II) average annual energy use by equipment of
such type nationwide is likely to exceed 3,000,000,000
kilowatt-hours (or its Btu equivalent) per year.''.
SEC. 5. REDUCING LEAD TIMES.
(a) Standards for Other Covered Products.--Section 325(l)(2) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(l)(2)) is amended to
read as follows:
``(2) Applicability.--
``(A) In general.--Except as provided in
subparagraph (B), any new or amended standard for
covered products of a type specified in paragraph (20)
of section 322(a) shall apply to products manufactured
after the date that is 3 years after the publication of
the final rule establishing such standard.
``(B) Other applicability.--The Secretary may, in
prescribing a new or amended standard for covered
products of a type specified in paragraph (20) of
section 322(a), require that such standard apply to
products manufactured not earlier than 1 year after
publication of the final rule establishing such
standard and not later than 3 years after such
publication.''.
(b) Products Receiving Updated Rules.--
(1) Amended standards.--Paragraph (4) of section 325(m) of
the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(4))
is amended--
(A) in subparagraph (A)--
(i) the matter preceding clause (i), by
inserting ``and subparagraph (C)'' after
``subparagraph (B)''; and
(ii) in clause (ii), by striking ``5
years'' and inserting ``3 years''; and
(B) by adding at the end the following
subparagraph:
``(C) Other applicability.--The Secretary may, in
prescribing an amended standard under this subsection,
require that such amended standard apply to products
manufactured not earlier than 1 year after publication
of the final rule establishing such amended standard
and not later than 3 years after such publication.''.
(2) Amended standards resulting from petition.--Paragraph
(5) of section 325(n) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(n)) is amended to read as follows:
``(5) Applicability.--
``(A) In general.--Except as provided in
subparagraph (B), an amended standard prescribed under
this subsection shall apply to products manufactured
after the date that is 3 years after the publication of
the final rule establishing the amended standard.
``(B) Other applicability.--The Secretary may, in
prescribing an amended standard under this subsection,
require that such amended standard apply to products
manufactured not earlier than 1 year after publication
of the final rule establishing such amended standard
and not later than 3 years after such publication.''.
(c) Authorization for Multiple Standards Under One Rulemaking.--
Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C.
6295) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by adding after paragraph (5) the following:
``(6) Multiple standards.--Notwithstanding subsection
(m)(4)(B), in any rulemaking to prescribe a new or amended
energy conservation standard for a covered product, or class of
covered products, the Secretary may prescribe more than one
such standard for such covered product, or class of covered
products, provided--
``(A) the less stringent standard prescribed shall
apply to any such covered product, or class of covered
products, manufactured not earlier than 1 year after
publication of the final rule prescribing such
standards and not later than 3 years after such
publication; and
``(B) the more stringent standard prescribed shall
apply to any such covered product, or class of covered
products, manufactured not later than 6 years after
such publication.''.
SEC. 6. EXEMPTION FROM PREEMPTION.
(a) Removing Barriers to Efficiency.--
(1) In general.--Section 327 of the Energy Policy and
Conservation Act (42 U.S.C. 6297) is amended by adding at the
end the following:
``(h) Suspension of Preemption.--A State regulation concerning the
energy efficiency, energy use, or water use of a covered product that
would otherwise be superseded by the provisions of this part in
accordance with this section shall not be superseded during any period
that--
``(1) begins on the date that is 8 years after the date on
which an energy conservation standard is established or revised
under section 325 for the covered product; and
``(2) ends on the date that compliance with an energy
conservation standard that is established or revised under
section 325 and that is equivalent to or more stringent than
the State regulation is required.
``(i) No Preemption Absent a Federal Standard.--
``(1) Application.--Notwithstanding any other provision of
this part, a State regulation concerning the energy efficiency,
energy use, or water use of a covered product is not superseded
by the provisions of this part if the State applies to any
product not subject to an energy conservation standard
established under section 325.
``(2) Compliance period.--Notwithstanding any other
provision of this part, any State regulation prescribed or
enacted for a covered product before the date on which an
energy conservation standard is established under section 325
for the covered product shall not be preempted until the date
on which compliance with an energy conservation standard that
is established under section 325 and that is equivalent to, or
more stringent than, the requirements of the State is
required.''.
(2) ASHRAE products.--Section 345(b)(2) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(2)) is amended
by adding at the end the following:
``(E) Notwithstanding subparagraph (A), a standard
prescribed or established under section 342(a) shall
not supersede any State or local regulation concerning
the energy efficiency or energy use of a product for
which the standard is prescribed or established during
any period that--
``(i) begins on the date that is 8 years
after the date on which such standard is
prescribed or established; and
``(ii) ends on the effective date of a
standard prescribed or established after the
date described in clause (i) under section
342(a) for the product, that is equivalent to,
or more stringent than, the State or local
regulation.''.
(b) Building Codes.--
(1) In general.--Section 327(f) of the Energy Policy and
Conservation Act (42 U.S.C. 6297(f)) is amended to read as
follows:
``(f) Exception for Certain Building Code Requirements.--
``(1) In general.--A regulation or other requirement that
is contained in a State or local building code for new
construction concerning the energy efficiency or energy use of
a covered product is not superseded by this part if the
regulation or other requirement concerning the energy
efficiency or energy use of the covered product is more
stringent than the corresponding Federal energy conservation
standard.
``(2) New construction.--For purposes of this subsection,
the term `new construction' includes--
``(A) new buildings and their systems; and
``(B) new portions of buildings and their
systems.''.
(2) Conforming amendments.--Section 327 of the Energy
Policy and Conservation Act (42 U.S.C. 6297) is amended--
(A) in subsection (b), by striking paragraph (3);
and
(B) in subsection (c), by striking paragraph (3).
(3) ASHRAE products.--Section 345(b)(2)(B) of the Energy
Policy and Conservation Act (42 U.S.C. 6316(b)(2)(B)) is
amended by striking ``new construction'' and all that follows
through the end and inserting ``new construction.''.
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