H.R. 4626 — what changed

“(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).”

“(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.”

added “(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.”

changed “(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.”

“(A) Not later than 3 years”

“(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“(D) Standards that have been revoked pursuant to subparagraph (B) shall be considered to be in effect for purposes of section 327.”

“(2) Requirements

changed “(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 in, as applicable, energy efficiency, or, in the case of showerheads, faucets, water closets, efficiency or urinals, water efficiency, which the Secretary determines is technologically feasible and economically justified.

changed “(B) Test procedures—The 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 a such type (or class) of covered product if unless the Secretary has prescribed or amended (and published in the Federal Register) a test procedure has not been prescribed pursuant to section 323 with respect to that for such type (or class) of product.covered product at least 180 days before publishing a notice of proposed rulemaking with respect to the new or amended energy conservation standard.

changed “(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—of, as applicable, energy or water.

removed “(i) energy; or

removed “(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

added “(A) Economic analysis

added “(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—

changed “(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 “(I) effects of imposition of the energy conservation standard that determines on costs and monetary benefits to consumers of the predicted—products subject to such energy conservation standard, including—

changed “(i) effects of imposition of the energy conservation standard on “(aa) costs and monetary benefits to consumers of the products subject to such energy conservation standard, including—low-income households; and

changed “(I) “(bb) variations in costs to low-income households; andconsumers based on differences in regions, including rural populations, cost of living comparisons, and climatic differences;

changed “(II) variations in costs to consumers based on differences in regions, including rural populations, cost effects of living comparisons, and climatic differences;imposition of the energy conservation standard on employment; and

changed “(ii) effects of imposition “(III) lifecycle costs for the covered product, including costs associated with the purchase, installation, maintenance, disposal, and replacement of the energy conservation standard on employment; andcovered product.

changed “(iii) lifecycle costs for the covered product, including costs associated with “(ii) Notice and comment—The Secretary shall provide public notice in the purchase, installation, maintenance, disposal, Federal Register and replacement of at least 60 days for public comment on the covered product.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.

changed “(E) Criteria related to market competition and price discrimination—The Technological innovation—The Secretary may not determine that imposition of an energy conservation standard is economically justified unless the Secretary determines that imposition of the such energy conservation standard is not likely to result in—in the unavailability in the United States of a type (or class) of products based on what type of fuel the product consumes.

changed “(i) any lessening of market competition; or“(F) Other considerations

changed “(ii) price discrimination.“(i) In general—In determining whether imposition of an energy conservation standard is economically justified, the Secretary—

changed “(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 “(I) shall prioritize the United States of a type (or class) of products based on what type interests of fuel the product consumes.consumers;

changed “(G) Other considerations—In determining whether imposition “(II) may not consider estimates of an energy conservation standard is economically justified, the Secretary—social costs or social benefits associated with incremental greenhouse gas emissions; and

changed “(i) “(III) shall prioritize the interests of consumers;consider—

changed “(ii) may not consider estimates “(aa) the economic impact, including any regulatory burden, of the social costs or social benefits associated with incremental greenhouse gas emissions; andstandard on the manufacturers and on the consumers of the products subject to such standard;

changed “(iii) shall consider—“(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;

changed “(I) “(cc) the economic impact total projected amount of the standard on the manufacturers and on energy, or, as applicable, water, savings likely to result directly from the consumers imposition of the products subject to such standard;

changed “(II) 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 “(dd) the standard;need for national energy and water conservation;

changed “(III) “(ee) the total projected amount impact of energy, or any lessening of market competition, as applicable, water, savings determined in writing by the Attorney General under clause (ii), that is likely to result directly from the imposition of the standard;

changed “(IV) “(ff) whether the need for national imposition of the energy and water conservation; conservation standard is likely to result price discrimination; and

changed “(V) “(gg) other factors the Secretary considers relevant.

changed “(H) Regulatory review“(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.

added “(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

added “(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.”

removed “(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.”

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

changed “(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 paragraph (1) 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.”