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.
Section 1. Short title
This Act may be cited as the Home Appliance Protection and Affordability 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.
(3) Application to products
Section 325(m)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(4)) is amended to read as follows:
(4) Application to products
An amendment prescribed under this subsection shall apply to a product that is manufactured after the date that is 5 years after publication of the final rule establishing an applicable standard.
(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 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.;
(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.; and
(5)
in paragraph (5)(B), by striking 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)
and inserting 5 years
;
(c) Criteria
Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)) is amended by amending paragraphs (2) and (3) 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, as applicable, energy efficiency or water efficiency, which the Secretary determines is technologically feasible and economically justified.
(B) Test procedures
If the Secretary determines that a test procedure should be prescribed or amended in accordance with section 323 for a type (or class) of covered product, the Secretary may not prescribe a new or amended energy conservation standard under this section for such type (or class) of covered product unless the Secretary has prescribed or amended (and published in the Federal Register) a test procedure for such type (or class) of covered product at least 180 days before publishing a notice of proposed rulemaking with respect to the new or amended energy conservation standard.
(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, as applicable, energy or 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
(i) Determination
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—
(aa)
costs to low-income households; and
(bb)
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.
(ii) Notice and comment
The Secretary shall provide public notice in the Federal Register and at least 60 days for public comment on the quantitative economic impact analysis conducted under clause (i).
(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) 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.
(F) Other considerations
(i) In general
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—
(aa)
the economic impact, including any regulatory burden, of the standard on the manufacturers and on the consumers of the products subject to such standard;
(bb)
the savings in operating costs, including consumer fuel 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;
(cc)
the total projected amount of energy, or, as applicable, water, savings likely to result directly from the imposition of the standard;
(dd)
the need for national energy and water conservation;
(ee)
the impact of any lessening of market competition, as determined in writing by the Attorney General under clause (ii), that is likely to result from the imposition of the standard;
(ff)
whether the imposition of the energy conservation standard is likely to result price discrimination; and
(gg)
other factors the Secretary considers relevant.
(ii) Attorney general determination
For purposes of clause (i)(III)(ee), the Attorney General shall make a determination of the impact, if any, of any lessening of market 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.
(G) 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 3 years after publication of such final rule.
(d) Applicability of Regional standards
Section 325(o)(6)(E)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amended by striking 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
and inserting shall apply, in States in which the Secretary has designated the standard to apply, to any such product that is manufactured or imported into the United States on or after the effective date of the standard
.
(e) Technical and conforming amendments
(1) Definitions
(A) Consumer product
Section 321(1)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6291(1)(A)) is amended by striking , with respect to showerheads, faucets, water closets, and urinals, water
and inserting water, as applicable
.
(B) Energy conservation standard
Section 321(6)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6291(6)(A)) is amended by striking , or, in the case of showerheads, faucets, water closets, and urinals, water use,
and inserting or water use, as applicable,
.
(C) Estimated annual operating cost
Section 321(7) of the Energy Policy and Conservation Act (42 U.S.C. 6291(7)) is amended by striking in the case of showerheads, faucets, water closets, and urinals
and inserting , as applicable
.
(2) Test procedures
(A) Design of test procedures
Section 323(b)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(3)) is amended by striking energy efficiency, energy use, water use (in the case of showerheads, faucets, water closets and urinals)
and inserting , as applicable, energy efficiency, energy use, water use
.
(B) Calculation of costs
Section 323(b)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(4)) is amended by—
(i)
by striking or, in the case of showerheads, faucets, water closets, or urinals,
and inserting or, as applicable,
; and
(ii)
by striking or in the case of showerheads, faucets, water closets, or urinals,
and inserting or, as applicable,
.
(C) Restriction on certain representations
Section 323(c) of the Energy Policy and Conservation Act (42 U.S.C. 6293(c) is amended—
(i)
in paragraph (1), by striking or, in the case of showerheads, faucets, water closets, and urinals,
and inserting or, as applicable,
; and
(ii)
in paragraph (2), by striking or, in the case of showerheads, faucets, water closets, and urinals,
and inserting or, as applicable,
.
(3) Criteria for prescribing new or amended standards
Section 325(o)(1) of the Energy Policy and Conservation Act is amended by striking , or, in the case of showerheads, faucets, water closets, or urinals,
and inserting , or, as applicable,
.
(4) 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
.
(5) 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)
.
(6) Information requirements
Section 326(d)(1) of the Energy Policy and Conservation Act is amended by striking or, in the case of showerheads, faucets, water closets, and urinals,
and inserting or, as applicable,
.
(7) 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. 3. Distribution transformers
Section 346 of the Energy Policy and Conservation Act (42 U.S.C. 6317) is amended by adding at the end the following:
(g) No new or revised standards for distribution transformers
(1) In general
Beginning on the date of enactment of this subsection, the Secretary may not prescribe any new or amended energy conservation standard under part B or this part for distribution transformers, including those distribution transformers for which the Secretary prescribed testing requirements under subsection (a)(1) and low-voltage dry-type distribution transformers.
(2) Effect on existing standards
Paragraph (1) does not affect any energy conservation standards prescribed under part B or this part before the date of enactment of this subsection.
Sec. 4. Dishwashers; clothes washers
Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)) is amended—
(1)
in paragraph (9)(B), by adding at the end the following:
(iii) Other amendments to standards
The Secretary may prescribe a new or amended energy conservation standard for clothes washers in accordance with this section, including—
(I)
a design requirement; and
(II)
a performance standard which prescribes one of the following:
(aa)
A minimum level of energy efficiency.
(bb)
A maximum quantity of energy use.
(cc)
A minimum level of water efficiency.
(dd)
A maximum quantity of water use.
(ee)
A minimum level of energy efficiency and a minimum level of water efficiency.
(ff)
A maximum quantity of energy use and a maximum quantity of water use.; and
(2)
in paragraph (10)(B), by adding at the end the following:
(iii) Other amendments to standards
The Secretary may prescribe a new or amended energy conservation standard for dishwashers in accordance with this section, including—
(I)
a design requirement; and
(II)
a performance standard which prescribes one of the following:
(aa)
A minimum level of energy efficiency.
(bb)
A maximum quantity of energy use.
(cc)
A minimum level of water efficiency.
(dd)
A maximum quantity of water use.
(ee)
A minimum level of energy efficiency and a minimum level of water efficiency.
(ff)
A maximum quantity of energy use and a maximum quantity of water use.