Energy Efficiency Free Market Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 191 To repeal Federal energy conservation standards, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 5, 2021 Mr. BURGESS introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal Federal energy conservation standards, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Energy Efficiency Free 4 Market Act of 2021’’. 5 SEC. 2. REPEAL OF ENERGY CONSERVATION STANDARDS. 6 (a) DEFINITIONS.—Section 321 of the Energy Policy 7 and Conservation Act (42 U.S.C. 6291) is amended— 8 (1) in paragraph (4), by striking ‘‘, determined 9 in accordance with test procedures under section 10 323’’; 11 VerDate Sep 11 2014 22:32 Feb 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H191.IH H191 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 191 IH (2) in paragraph (5), by striking ‘‘, determined 1 in accordance with test procedures under section 2 323’’; 3 (3) by striking paragraph (6); 4 (4) in paragraph (7), by striking ‘‘, determined 5 in accordance with section 323’’; 6 (5) by striking paragraphs (19), (20), (22), 7 (26), and (28); 8 (6) in paragraph (29), by striking subpara- 9 graphs (C), (D), (E), (G), (H), (I), (J), (K), (L), 10 (M), (N), (O), and (P); 11 (7) in paragraph (30), by striking subpara- 12 graphs (G), (O), (U), and (V); 13 (8) in paragraph (31), by striking subpara- 14 graph (H); and 15 (9) by striking paragraphs (32), (33), (34), 16 (35), (36), (37), (38), (39), (40), (41), (42), (43), 17 (44), (45), (47), (48), (50), (52), (53), (54), (55), 18 (56), (57), (59), (60), (62), (65), and (66). 19 (b) TEST PROCEDURES.—Section 323 of the Energy 20 Policy and Conservation Act (42 U.S.C. 6293) is amend- 21 ed— 22 (1) by striking subsections (a), (b), (d), (e), and 23 (f); and 24 (2) in subsection (c)— 25 VerDate Sep 11 2014 22:32 Feb 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H191.IH H191 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 191 IH (A) in paragraph (1), by striking ‘‘a test 1 procedure is applicable under subsection (a)’’ 2 and inserting ‘‘a test procedure was applicable 3 under subsection (a) or (b), as in effect on the 4 day before the date of enactment of the Energy 5 Efficiency Free Market Act of 2021,’’; and 6 (B) by striking paragraphs (2) and (3). 7 (c) LABELING.—Section 324 of the Energy Policy 8 and Conservation Act (42 U.S.C. 6294) is amended— 9 (1) in subsection (a)— 10 (A) in paragraph (2)— 11 (i) in subparagraph (B), by striking 12 ‘‘and to which standards are applicable 13 under section 325’’; 14 (ii) in subparagraph (C)(i), by strik- 15 ing ‘‘and to which standards are applicable 16 under section 325’’; 17 (iii) in subparagraph (D)— 18 (I) by striking clause (ii); and 19 (II) in clause (iii)(II)— 20 (aa) in item (aa), by striking 21 ‘‘; and’’ and inserting a period; 22 and 23 (bb) by striking item (bb); 24 VerDate Sep 11 2014 22:32 Feb 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H191.IH H191 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 191 IH (iv) by striking subparagraph (E); 1 and 2 (v) by striking subparagraph (F); 3 (B) in paragraph (3)— 4 (i) by striking the comma at the end 5 of subparagraph (A) and inserting ‘‘; and’’; 6 and 7 (ii) by striking subparagraph (B); and 8 (C) by striking paragraph (5); and 9 (2) in subsection (c)— 10 (A) in paragraph (1)(A), by striking ‘‘(de- 11 termined in accordance with test procedures 12 prescribed under section 323)’’ each place it ap- 13 pears; 14 (B) by striking paragraph (2)(C); and 15 (C) in paragraph (8)(A), by striking ‘‘in 16 accordance with test procedures prescribed 17 under section 323’’ and inserting ‘‘in accord- 18 ance with generally accepted industry testing 19 procedures’’. 20 (d) ENERGY CONSERVATION STANDARDS.—Section 21 325 of the Energy Policy and Conservation Act (42 U.S.C. 22 6295) is repealed. 23 VerDate Sep 11 2014 22:32 Feb 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H191.IH H191 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 191 IH (e) REQUIREMENTS OF MANUFACTURERS.—Section 1 326 of the Energy Policy and Conservation Act (42 U.S.C. 2 6296) is amended— 3 (1) in subsection (b)— 4 (A) by striking paragraph (3)(A); 5 (B) in paragraph (4), by striking ‘‘in ac- 6 cordance with the test procedures applicable to 7 such product under section 323’’ and inserting 8 ‘‘in accordance with generally accepted industry 9 testing procedures’’; and 10 (C) in paragraph (5), by striking ‘‘323, 11 324, or 325’’ and inserting ‘‘324’’; and 12 (2) in subsection (d)— 13 (A) by striking ‘‘and the economic impact 14 of any proposed energy conservation standard’’; 15 and 16 (B) by striking ‘‘test procedures, labeling 17 rules, and energy conservation standards’’ and 18 inserting ‘‘labeling rules’’. 19 (f) EFFECT ON OTHER LAW.—Section 327 of the 20 Energy Policy and Conservation Act (42 U.S.C. 6297) is 21 amended by striking subsections (a) through (f) and in- 22 serting the following: 23 ‘‘(a) PROHIBITION ON ENERGY CONSERVATION 24 STANDARDS.—No State or Federal agency may adopt or 25 VerDate Sep 11 2014 22:32 Feb 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H191.IH H191 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 191 IH continue in effect any requirement to comply with a stand- 1 ard for energy conservation or water efficiency with re- 2 spect to a product.’’. 3 (g) PROHIBITED ACTS.—Section 332(a) of the En- 4 ergy Policy and Conservation Act (42 U.S.C. 6302(a)) is 5 amended— 6 (1) in paragraph (4), by striking the semicolon 7 and inserting ‘‘; or’’; 8 (2) by striking paragraphs (5), (6), and (7); 9 and 10 (3) in paragraph (8)(D), by striking ‘‘described 11 in section 325(e)(6)(A)(ii)(V)’’. 12 (h) ENFORCEMENT.—Section 333 of the Energy Pol- 13 icy and Conservation Act (42 U.S.C. 6303) is amended— 14 (1) in subsection (a)— 15 (A) by striking ‘‘or violations of paragraph 16 (5), (6), (7), or (8)’’ and inserting ‘‘a violation 17 of paragraph (8)’’; and 18 (B) by striking ‘‘Each violation of para- 19 graph (1), (2), (5), (6), (7), or (8)’’ and insert- 20 ing ‘‘Each violation of paragraph (1), (2), or 21 (8)’’; and 22 (2) by striking subsection (c). 23 VerDate Sep 11 2014 22:32 Feb 02, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H191.IH H191 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 191 IH (i) INJUNCTIVE ENFORCEMENT.—Section 334 of the 1 Energy Policy and Conservation Act (42 U.S.C. 6304) is 2 amended— 3 (1) in the first sentence, by striking ‘‘or 325’’; 4 (2) in the second sentence, by striking ‘‘(5), 5 (6), (7), or’’; and 6 (3) by striking the third sentence. 7 (j) CITIZEN SUITS.—Section 335(a) of the Energy 8 Policy and Conservation Act (42 U.S.C. 6305(a)) is 9 amended— 10 (1) in paragraph (1), by striking the semicolon 11 at the end and inserting ‘‘; or’’; 12 (2) in paragraph (2), by striking ‘‘; or’’ and in- 13 serting a period; 14 (3) by striking paragraph (3); and 15 (4) in the matter following paragraph (3), by 16 striking the second and third sentences. 17 (k) ADMINISTRATIVE PROCEDURE AND JUDICIAL 18 REVIEW.—Section 336 of the Energy Policy and Con- 19 servation Act (42 U.S.C. 6306) is amended— 20 (1) in subsection (a)— 21 (A) in paragraph (1), by striking ‘‘323, 22 324, 325, 327, or 328’’ and inserting ‘‘324 or 23 328’’; and 24 (B) by striking paragraph (2); 25 VerDate Sep 11 2014 22:32 Feb 02, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H191.IH H191 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 191 IH (2) in subsection (b), by striking ‘‘section 323, 1 324, or 325’’ each place it appears and inserting 2 ‘‘324’’; and 3 (3) by striking subsection (c). 4 (l) CONSUMER EDUCATION.—Section 337 of the En- 5 ergy Policy and Conservation Act (42 U.S.C. 6307) is 6 amended by striking subsection (b). 7 (m) CERTAIN INDUSTRIAL EQUIPMENT.—Part C of 8 title III of the Energy Policy and Conservation Act (42 9 U.S.C. 6311 et seq.) is repealed. 10 Æ VerDate Sep 11 2014 22:32 Feb 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H191.IH H191 kjohnson on DSK79L0C42PROD with BILLS