[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6192 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 6192
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2024
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
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.
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 ``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.
``(E) Disclosure.--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, not later than the date on which
the standard is prescribed, publicly discloses each
meeting held by the Secretary, during the 5-year period
preceding such date, with any entity that--
``(i) has ties to the People's Republic of
China or the Chinese Communist Party;
``(ii) has produced studies regarding, or
advocated for, regulations or policy to limit,
restrict, or ban the use of any type of energy;
and
``(iii) has applied for or received Federal
funds.
``(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 rural populations,
cost of living comparisons, and
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).
SEC. 4. DISTRIBUTION TRANSFORMERS.
The final rule titled ``Energy Conservation Program: Energy
Conservation Standards for Distribution Transformers'' (signed on April
3, 2024; Docket No. EERE-2019-BT-STD-0018) shall not take effect.
Passed the House of Representatives May 7, 2024.
Attest:
KEVIN F. MCCUMBER,
Clerk.