---
kind: "section"
citation: "42 U.S.C. § 6294b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6294b"
heading: "WaterSense program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6294b"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter III — Improving Energy Efficiency"
  - "Part A — Energy Conservation Program for Consumer Products Other Than Automobiles"
---

# §6294b. WaterSense program

- (a) **Establishment of WaterSense program—**
  - (1) **In general—** There is established within the Environmental Protection [Agency](/usc/42/8262.md?p=1) a voluntary program, to be known as the WaterSense program, to identify and promote water-efficient products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, and services in order to, through voluntary labeling of, or other forms of communications regarding, such products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly—
    - (A) reduce [water use](/usc/42/6291.md?p=31-A);
    - (B) reduce the strain on public water systems, community water systems, and wastewater and stormwater infrastructure;
    - (C) conserve energy used to pump, heat, transport, and treat water; and
    - (D) preserve water resources for future generations.
  - (2) **Inclusions—** Categories of products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, and services that may be included under the program include—
    - (A) irrigation technologies and services;
    - (B) point-of-use water [treatment](/usc/42/11851.md?p=11) devices;
    - (C) plumbing products;
    - (D) water reuse and recycling technologies;
    - (E) landscaping and gardening products, including moisture control or water enhancing technologies;
    - (F) xeriscaping and other landscape conversions that reduce [water use](/usc/42/6291.md?p=31-A);
    - (G) whole house humidifiers; and
    - (H) water-efficient [buildings](/usc/42/6321.md?p=c-2) or facilities.
- (b) **Duties—** The [Administrator](/usc/42/6341.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1), in coordination with the [Secretary](/usc/42/6202.md?p=1) of [Energy](/usc/42/6291.md?p=3) as appropriate, shall—
  - (1) establish—
    - (A) a WaterSense [label](/usc/42/6311.md?p=6) to be used for products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, and services meeting the certification criteria established pursuant to this section; and
    - (B) the procedure, including the methods and means, and criteria by which products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, and services may be certified to display the WaterSense [label](/usc/42/6311.md?p=6);
  - (2) enhance public awareness regarding the WaterSense [label](/usc/42/6311.md?p=6) through outreach and public education;
  - (3) preserve the integrity of the WaterSense [label](/usc/42/6311.md?p=6) by—
    - (A) establishing and maintaining feasible performance criteria so that products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, and services certified to display the WaterSense [label](/usc/42/6311.md?p=6) perform as well or better than less water-efficient counterparts;
    - (B) overseeing WaterSense certifications made by third parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the [United States](/usc/42/6202.md?p=5);
    - (C) using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining compliance with performance criteria; and
    - (D) auditing the use of the WaterSense [label](/usc/42/6311.md?p=6) in the marketplace and preventing cases of misuse;
  - (4) not more frequently than every 6 years after adoption or major revision of any WaterSense performance criteria, review and, if appropriate, revise the performance criteria to achieve additional water savings;
  - (5) in revising any WaterSense criteria—
    - (A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes;
    - (B) solicit comments from interested parties and the public prior to any changes;
    - (C) as appropriate, respond to comments submitted by interested parties and the public; and
    - (D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the [manufacture](/usc/42/6291.md?p=10), marketing, training, and distribution of the specific product, [building](/usc/42/6321.md?p=c-2), landscape, process, or service category being addressed; and
  - (6) not later than December 31, 2019, consider for review and revise, if necessary, any WaterSense performance criteria adopted before January 1, 2012.
- (c) **Transparency—** The [Administrator](/usc/42/6341.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall, to the extent practicable and not less than annually, estimate and make available to the public the relative water and [energy](/usc/42/6291.md?p=3) savings attributable to the use of WaterSense-labeled products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, and services.
- (d) **Distinction of authorities—** In setting or maintaining specifications and criteria for [Energy](/usc/42/6291.md?p=3) Star pursuant to [section 6294a of this title](/usc/42/6294a.md), and WaterSense under this section, the [Secretary](/usc/42/6202.md?p=1) of [Energy](/usc/42/6291.md?p=3) and the [Administrator](/usc/42/6341.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall coordinate to prevent duplicative or conflicting requirements among the respective programs.
- (e) **No warranty—** A WaterSense [label](/usc/42/6311.md?p=6) shall not create any express or implied warranty.
- (f) **Methods for establishing performance criteria—** In establishing performance criteria for products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, or services pursuant to this section, the [Administrator](/usc/42/6341.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) shall use technical specifications and testing protocols established by voluntary consensus standards organizations relevant to specific products, [buildings](/usc/42/6321.md?p=c-2), landscapes, facilities, processes, or services, as appropriate.
- (g) **Definition of feasible—** The term “feasible” means feasible with the use of the best technology, techniques, and other means that the [Administrator](/usc/42/6341.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).

## Source credit

(Pub. L. 94–163, title III, § 324B, as added Pub. L. 115–270, title IV, § 4306(a), Oct. 23, 2018, 132 Stat. 3884.)