DOE Appliance and Equipment Standards Reform and Consumer Protection Act
This bill modifies the process by which the Department of Energy amends, revokes, or implements energy conservation standards for certain consumer products (other than automobiles), such as household appliances.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8402 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8402
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2022
Mrs. Lesko introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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 ``DOE Appliance and Equipment
Standards Reform and Consumer Protection Act''.
SEC. 2. PRESCRIBING NEW OR AMENDED ENERGY CONSERVATION STANDARDS.
(a) Petition for Amended Standard.--Section 325(n) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(n)) is amended--
(1) in paragraph (1), by inserting ``or revoked'' after
``should be amended'';
(2) 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
(3) 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;
(C) by striking ``Not later than 3 years'' and
inserting ``(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.''.
(b) 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.--
``(i) In general.--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.
``(ii) Effect.--For purposes of section
327, a determination under clause (i) 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).
``(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 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) any additional cost to the consumer
of purchasing and installing a covered product
complying with such energy conservation
standard will be less than 3 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.
``(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; 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) Amendment of Standards.--Section 325(m)(1)(A) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(m)(1)(A)) is amended by
striking ``, based on the criteria established under subsection
(n)(2)''.
(b) 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''.
(c) 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)''.
(d) 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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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