Energy Efficient Appliances Act

I 117TH CONGRESS 1ST SESSION H. R. 1326 To strengthen the Department of Energy’s appliance energy efficiency stand- ards 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 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 Efficient Appli- 4 ances Act’’. 5 SEC. 2. REPEALS. 6 (a) PROCEDURES FOR USE IN NEW OR REVISED EN- 7 ERGY CONSERVATION STANDARDS AND TEST PROCE- 8 DURES.—The final rule titled ‘‘Energy Conservation Pro- 9 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1326 IH gram for Appliance Standards: Procedures for Use in New 1 or Revised Energy Conservation Standards and Test Pro- 2 cedures for Consumer Products and Commercial/Indus- 3 trial Equipment’’ (published at 85 Fed. Reg. 8626 (Feb- 4 ruary 14, 2020)) shall have no force or effect and shall 5 be treated as if such rule had never been issued. 6 (b) PROCEDURES FOR EVALUATING STATUTORY 7 FACTORS.—The final rule titled ‘‘Energy Conservation 8 Program for Appliance Standards: Procedures for Evalu- 9 ating Statutory Factors for Use in New or Revised Energy 10 Conservation Standards’’ (published at 85 Fed. Reg. 11 50937 (August 19, 2020)) shall have no force or effect 12 and shall be treated as if such rule had never been issued. 13 SEC. 3. MULTIPLE METRICS. 14 Section 321(6) of the Energy Policy and Conserva- 15 tion Act (42 U.S.C. 6291(6)) is amended to read as fol- 16 lows: 17 ‘‘(6) ENERGY CONSERVATION STANDARD.— 18 ‘‘(A) IN GENERAL.—The term ‘energy con- 19 servation standard’ means, with respect to a 20 product, 1 or more performance standards that 21 prescribe— 22 ‘‘(i) a minimum level of energy effi- 23 ciency or a maximum quantity of energy 24 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1326 IH use, determined in accordance with test 1 procedures prescribed under section 323; 2 ‘‘(ii) a minimum level of water effi- 3 ciency or a maximum quantity of water 4 use, determined in accordance with test 5 procedures prescribed under section 323; 6 or 7 ‘‘(iii) both (i) and (ii). 8 ‘‘(B) INCLUSIONS.—The term ‘energy con- 9 servation standard’ includes— 10 ‘‘(i) 1 or more design requirements; 11 and 12 ‘‘(ii) any other requirements that the 13 Secretary may prescribe under section 14 325(r).’’. 15 SEC. 4. EXPANDING THE POOL OF COVERED PRODUCTS. 16 (a) LOWERING ENERGY THRESHOLD LEVELS FOR 17 CONSUMER PRODUCTS.— 18 (1) SPECIAL CLASSIFICATION OF CONSUMER 19 PRODUCT.—Section 322(b)(1)(B) of the Energy Pol- 20 icy and Conservation Act (42 U.S.C. 6292(b)(1)(B)) 21 is amended by striking ‘‘exceed 100’’ and inserting 22 ‘‘exceed 75’’. 23 (2) STANDARDS FOR OTHER COVERED PROD- 24 UCTS.—Section 325(l)(1)(A) of the Energy Policy 25 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1326 IH and Conservation Act (42 U.S.C. 6295(l)(1)(A)) is 1 amended by striking ‘‘exceeded 150’’ and inserting 2 ‘‘exceeded 75’’. 3 (b) INDUSTRIAL EQUIPMENT.—Section 340(2)(B) of 4 the Energy Policy and Conservation Act (42 U.S.C. 5 6311(2)(B)) is amended— 6 (1) in clause (xii), by striking ‘‘and’’; and 7 (2) by striking clause (xiii) and inserting the 8 following: 9 ‘‘(xiii) other motors; and 10 ‘‘(xiv) other types of equipment for which the 11 Secretary determines that— 12 ‘‘(I) classifying equipment of such type as 13 industrial equipment is necessary or appro- 14 priate to carry out the purposes of this part; 15 and 16 ‘‘(II) average annual energy use by equip- 17 ment of such type nationwide is likely to exceed 18 3,000,000,000 kilowatt-hours (or its Btu equiv- 19 alent) per year.’’. 20 SEC. 5. REDUCING LEAD TIMES. 21 (a) STANDARDS FOR OTHER COVERED PRODUCTS.— 22 Section 325(l)(2) of the Energy Policy and Conservation 23 Act (42 U.S.C. 6295(l)(2)) is amended to read as follows: 24 ‘‘(2) APPLICABILITY.— 25 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1326 IH ‘‘(A) IN GENERAL.—Except as provided in 1 subparagraph (B), any new or amended stand- 2 ard for covered products of a type specified in 3 paragraph (20) of section 322(a) shall apply to 4 products manufactured after the date that is 3 5 years after the publication of the final rule es- 6 tablishing such standard. 7 ‘‘(B) OTHER APPLICABILITY.—The Sec- 8 retary may, in prescribing a new or amended 9 standard for covered products of a type speci- 10 fied in paragraph (20) of section 322(a), re- 11 quire that such standard apply to products 12 manufactured not earlier than 1 year after pub- 13 lication of the final rule establishing such 14 standard and not later than 3 years after such 15 publication.’’. 16 (b) PRODUCTS RECEIVING UPDATED RULES.— 17 (1) AMENDED STANDARDS.—Paragraph (4) of 18 section 325(m) of the Energy Policy and Conserva- 19 tion Act (42 U.S.C. 6295(m)(4)) is amended— 20 (A) in subparagraph (A)— 21 (i) the matter preceding clause (i), by 22 inserting ‘‘and subparagraph (C)’’ after 23 ‘‘subparagraph (B)’’; and 24 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1326 IH (ii) in clause (ii), by striking ‘‘5 1 years’’ and inserting ‘‘3 years’’; and 2 (B) by adding at the end the following sub- 3 paragraph: 4 ‘‘(C) OTHER APPLICABILITY.—The Sec- 5 retary may, in prescribing an amended stand- 6 ard under this subsection, require that such 7 amended standard apply to products manufac- 8 tured not earlier than 1 year after publication 9 of the final rule establishing such amended 10 standard and not later than 3 years after such 11 publication.’’. 12 (2) AMENDED STANDARDS RESULTING FROM 13 PETITION.—Paragraph (5) of section 325(n) of the 14 Energy Policy and Conservation Act (42 U.S.C. 15 6295(n)) is amended to read as follows: 16 ‘‘(5) APPLICABILITY.— 17 ‘‘(A) IN GENERAL.—Except as provided in 18 subparagraph (B), an amended standard pre- 19 scribed under this subsection shall apply to 20 products manufactured after the date that is 3 21 years after the publication of the final rule es- 22 tablishing the amended standard. 23 ‘‘(B) OTHER APPLICABILITY.—The Sec- 24 retary may, in prescribing an amended stand- 25 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1326 IH ard under this subsection, require that such 1 amended standard apply to products manufac- 2 tured not earlier than 1 year after publication 3 of the final rule establishing such amended 4 standard and not later than 3 years after such 5 publication.’’. 6 (c) AUTHORIZATION FOR MULTIPLE STANDARDS 7 UNDER ONE RULEMAKING.—Section 325(o) of the En- 8 ergy Policy and Conservation Act (42 U.S.C. 6295) is 9 amended— 10 (1) by redesignating paragraph (6) as para- 11 graph (7); and 12 (2) by adding after paragraph (5) the following: 13 ‘‘(6) MULTIPLE STANDARDS.—Notwithstanding 14 subsection (m)(4)(B), in any rulemaking to prescribe 15 a new or amended energy conservation standard for 16 a covered product, or class of covered products, the 17 Secretary may prescribe more than one such stand- 18 ard for such covered product, or class of covered 19 products, provided— 20 ‘‘(A) the less stringent standard prescribed 21 shall apply to any such covered product, or 22 class of covered products, manufactured not 23 earlier than 1 year after publication of the final 24 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1326 IH rule prescribing such standards and not later 1 than 3 years after such publication; and 2 ‘‘(B) the more stringent standard pre- 3 scribed shall apply to any such covered product, 4 or class of covered products, manufactured not 5 later than 6 years after such publication.’’. 6 SEC. 6. EXEMPTION FROM PREEMPTION. 7 (a) REMOVING BARRIERS TO EFFICIENCY.— 8 (1) IN GENERAL.—Section 327 of the Energy 9 Policy and Conservation Act (42 U.S.C. 6297) is 10 amended by adding at the end the following: 11 ‘‘(h) SUSPENSION OF PREEMPTION.—A State regula- 12 tion concerning the energy efficiency, energy use, or water 13 use of a covered product that would otherwise be super- 14 seded by the provisions of this part in accordance with 15 this section shall not be superseded during any period 16 that— 17 ‘‘(1) begins on the date that is 8 years after the 18 date on which an energy conservation standard is es- 19 tablished or revised under section 325 for the cov- 20 ered product; and 21 ‘‘(2) ends on the date that compliance with an 22 energy conservation standard that is established or 23 revised under section 325 and that is equivalent to 24 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 1326 IH or more stringent than the State regulation is re- 1 quired. 2 ‘‘(i) NO PREEMPTION ABSENT A FEDERAL STAND- 3 ARD.— 4 ‘‘(1) APPLICATION.—Notwithstanding any other 5 provision of this part, a State regulation concerning 6 the energy efficiency, energy use, or water use of a 7 covered product is not superseded by the provisions 8 of this part if the State applies to any product not 9 subject to an energy conservation standard estab- 10 lished under section 325. 11 ‘‘(2) COMPLIANCE PERIOD.—Notwithstanding 12 any other provision of this part, any State regulation 13 prescribed or enacted for a covered product before 14 the date on which an energy conservation standard 15 is established under section 325 for the covered 16 product shall not be preempted until the date on 17 which compliance with an energy conservation stand- 18 ard that is established under section 325 and that 19 is equivalent to, or more stringent than, the require- 20 ments of the State is required.’’. 21 (2) ASHRAE PRODUCTS.—Section 345(b)(2) of 22 the Energy Policy and Conservation Act (42 U.S.C. 23 6316(b)(2)) is amended by adding at the end the 24 following: 25 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 1326 IH ‘‘(E) Notwithstanding subparagraph (A), a 1 standard prescribed or established under section 2 342(a) shall not supersede any State or local 3 regulation concerning the energy efficiency or 4 energy use of a product for which the standard 5 is prescribed or established during any period 6 that— 7 ‘‘(i) begins on the date that is 8 years 8 after the date on which such standard is 9 prescribed or established; and 10 ‘‘(ii) ends on the effective date of a 11 standard prescribed or established after 12 the date described in clause (i) under sec- 13 tion 342(a) for the product, that is equiva- 14 lent to, or more stringent than, the State 15 or local regulation.’’. 16 (b) BUILDING CODES.— 17 (1) IN GENERAL.—Section 327(f) of the Energy 18 Policy and Conservation Act (42 U.S.C. 6297(f)) is 19 amended to read as follows: 20 ‘‘(f) EXCEPTION FOR CERTAIN BUILDING CODE RE- 21 QUIREMENTS.— 22 ‘‘(1) IN GENERAL.—A regulation or other re- 23 quirement that is contained in a State or local build- 24 ing code for new construction concerning the energy 25 VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 1326 IH efficiency or energy use of a covered product is not 1 superseded by this part if the regulation or other re- 2 quirement concerning the energy efficiency or energy 3 use of the covered product is more stringent than 4 the corresponding Federal energy conservation 5 standard. 6 ‘‘(2) NEW CONSTRUCTION.—For purposes of 7 this subsection, the term ‘new construction’ in- 8 cludes— 9 ‘‘(A) new buildings and their systems; and 10 ‘‘(B) new portions of buildings and their 11 systems.’’. 12 (2) CONFORMING AMENDMENTS.—Section 327 13 of the Energy Policy and Conservation Act (42 14 U.S.C. 6297) is amended— 15 (A) in subsection (b), by striking para- 16 graph (3); and 17 (B) in subsection (c), by striking para- 18 graph (3). 19 (3) ASHRAE PRODUCTS.—Section 20 345(b)(2)(B) of the Energy Policy and Conservation 21 Act (42 U.S.C. 6316(b)(2)(B)) is amended by strik- 22 ing ‘‘new construction’’ and all that follows through 23 the end and inserting ‘‘new construction.’’. 24 Æ VerDate Sep 11 2014 01:51 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H1326.IH H1326 pbinns on DSKJLVW7X2PROD with BILLS