---
kind: "section"
citation: "42 U.S.C. § 6297"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6297"
heading: "Effect on other law"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6297"
units:
  - "Chapter 77 — Energy Conservation"
  - "Subchapter III — Improving Energy Efficiency"
  - "Part A — Energy Conservation Program for Consumer Products Other Than Automobiles"
---

# §6297. Effect on other law

- (a) **Preemption of testing and labeling requirements—**
  - (1) Effective on March 17, 1987, this part supersedes any [State](/usc/42/6202.md?p=4) regulation insofar as such [State](/usc/42/6202.md?p=4) regulation provides at any time for the disclosure of information with respect to any [measure of energy consumption](/usc/42/6291.md?p=8) or [water use](/usc/42/6291.md?p=31-A) of any [covered product](/usc/42/6291.md?p=2) if—
    - (A) such [State](/usc/42/6202.md?p=4) regulation requires testing or the use of any [measure of energy consumption](/usc/42/6291.md?p=8), [water use](/usc/42/6291.md?p=31-A), or [energy](/usc/42/6291.md?p=3) descriptor in any manner other than that provided under [section 6293 of this title](/usc/42/6293.md); or
    - (B) such [State](/usc/42/6202.md?p=4) regulation requires disclosure of information with respect to the [energy use](/usc/42/6291.md?p=4), [energy efficiency](/usc/42/6291.md?p=5), or [water use](/usc/42/6291.md?p=31-A) of any [covered product](/usc/42/6291.md?p=2) other than information required under [section 6294 of this title](/usc/42/6294.md).
  - (2) For purposes of this section, the following definitions apply:
    - (A) The term “[State](/usc/42/6202.md?p=4) regulation” means a law, regulation, or other requirement of a [State](/usc/42/6202.md?p=4) or its political subdivisions. With respect to [showerheads](/usc/42/6291.md?p=31-D), [faucets](/usc/42/6291.md?p=31-E), [water closets](/usc/42/6291.md?p=31-F), and [urinals](/usc/42/6291.md?p=31-G), such term shall also mean a law, regulation, or other requirement of a river basin [commission](/usc/42/6291.md?p=18) that has jurisdiction within a [State](/usc/42/6202.md?p=4).
    - (B) The term “river basin [commission](/usc/42/6291.md?p=18)” means—
      - (i) a [commission](/usc/42/6291.md?p=18) established by interstate [compact](/usc/42/2021b.md?p=4) to apportion, store, regulate, or otherwise manage or coordinate the management of the waters of a river basin; and
      - (ii) a [commission](/usc/42/6291.md?p=18) established under [section 1962b(a) of this title](/usc/42/1962b.md?p=a).
- (b) **General rule of preemption for energy conservation standards before Federal standard becomes effective for product—** Effective on March 17, 1987, and ending on the effective date of an [energy conservation standard](/usc/42/6291.md?p=6) established under [section 6295 of this title](/usc/42/6295.md) for any [covered product](/usc/42/6291.md?p=2), no [State](/usc/42/6202.md?p=4) regulation, or revision thereof, concerning the [energy efficiency](/usc/42/6291.md?p=5), [energy use](/usc/42/6291.md?p=4), or [water use](/usc/42/6291.md?p=31-A) of the [covered product](/usc/42/6291.md?p=2) shall be effective with respect to such [covered product](/usc/42/6291.md?p=2), unless the [State](/usc/42/6202.md?p=4) regulation or revision—
  - (1)
    - (A) was prescribed or enacted before January 8, 1987, and is applicable to products before January 3, 1988, or in the case of any portion of any regulation which establishes requirements for [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A), was prescribed or enacted before June 28, 1988, or in the case of any portion of any regulation which establishes requirements for fluorescent or [incandescent lamps](/usc/42/6291.md?p=30-C), flow rate requirements for [showerheads](/usc/42/6291.md?p=31-D) or [faucets](/usc/42/6291.md?p=31-E), or [water use](/usc/42/6291.md?p=31-A) requirements for [water closets](/usc/42/6291.md?p=31-F) or [urinals](/usc/42/6291.md?p=31-G), was prescribed or enacted before October 24, 1992; or
    - (B) in the case of any portion of any regulation that establishes requirements for [general service incandescent lamps](/usc/42/6291.md?p=30-D-i), [intermediate base incandescent lamps](/usc/42/6291.md?p=30-V), or candelabra [base](/usc/42/6291.md?p=30-H) lamps, was enacted or adopted by the [State](/usc/42/6202.md?p=4) of California or Nevada before December 4, 2007, except that—
      - (i) the regulation adopted by the California [Energy](/usc/42/6291.md?p=3) [Commission](/usc/42/6291.md?p=18) with an effective date of January 1, 2008, shall only be effective until the effective date of the Federal standard for the applicable lamp category under subparagraphs (A), (B), and (C) of [section 6295(i)(1) of this title](/usc/42/6295.md?p=i-1); and
      - (ii) the [States](/usc/42/6202.md?p=4) of California and Nevada may, at any time, modify or adopt a [State](/usc/42/6202.md?p=4) standard for [general service lamps](/usc/42/6291.md?p=30-BB-i) to conform with Federal standards with effective dates no earlier than 12 months prior to the Federal effective dates prescribed under subparagraphs (A), (B), and (C) of [section 6295(i)(1) of this title](/usc/42/6295.md?p=i-1), at which time any prior regulations adopted by the [State](/usc/42/6202.md?p=4) of California or Nevada shall no longer be effective.
  - (2) is a [State](/usc/42/6202.md?p=4) procurement regulation described in [subsection (e)](#e);
  - (3) is a regulation described in [subsection (f)(1)](#f-1) or is prescribed or enacted in a building code for new [construction](/usc/42/300s–3.md?p=7) described in [subsection (f)(2)](#f-2);
  - (4) is a regulation prohibiting the use in [pool heaters](/usc/42/6291.md?p=25) of a constant burning pilot, or is a regulation (or portion thereof) regulating [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A) other than those to which paragraph (5) of [section 6295(g) of this title](/usc/42/6295.md?p=g) is applicable, or is a regulation (or portion thereof) regulating fluorescent or [incandescent lamps](/usc/42/6291.md?p=30-C) other than those to which [section 6295(i) of this title](/usc/42/6295.md?p=i) is applicable, or is a regulation (or portion thereof) regulating [showerheads](/usc/42/6291.md?p=31-D) or [faucets](/usc/42/6291.md?p=31-E) other than those to which [section 6295(j) of this title](/usc/42/6295.md?p=j) is applicable or regulating lavatory [faucets](/usc/42/6291.md?p=31-E) (other than metering [faucets](/usc/42/6291.md?p=31-E)) for installation in public places, or is a regulation (or portion thereof) regulating [water closets](/usc/42/6291.md?p=31-F) or [urinals](/usc/42/6291.md?p=31-G) other than those to which [section 6295(k) of this title](/usc/42/6295.md?p=k) is applicable;
  - (5) is a regulation described in [subsection (d)(5)(B)](#d-5-B) for which a waiver has been granted under [subsection (d)](#d);
  - (6) is a regulation effective on or after January 1, 1992, concerning the [energy efficiency](/usc/42/6291.md?p=5) or [energy use](/usc/42/6291.md?p=4) of television sets; or
  - (7) is a regulation (or portion thereof) concerning the water [efficiency](/usc/42/6311.md?p=13-H) or [water use](/usc/42/6291.md?p=31-A) of [low consumption](/usc/42/6291.md?p=31-H) [flushometer valve](/usc/42/6291.md?p=31-H) [water closets](/usc/42/6291.md?p=31-F).
- (c) **General rule of preemption for energy conservation standards when Federal standard becomes effective for product—** Except as provided in [section 6295(b)(3)(A)(ii) of this title](/usc/42/6295.md?p=b-3-A-ii), subparagraphs (B) and (C) of [section 6295(j)(3) of this title](/usc/42/6295.md?p=j-3), and subparagraphs (B) and (C) of [section 6295(k)(3) of this title](/usc/42/6295.md?p=k-3) and effective on the effective date of an [energy conservation standard](/usc/42/6291.md?p=6) established in or prescribed under [section 6295 of this title](/usc/42/6295.md) for any [covered product](/usc/42/6291.md?p=2), no [State](/usc/42/6202.md?p=4) regulation concerning the [energy efficiency](/usc/42/6291.md?p=5), [energy use](/usc/42/6291.md?p=4), or [water use](/usc/42/6291.md?p=31-A) of such [covered product](/usc/42/6291.md?p=2) shall be effective with respect to such product unless the regulation—
  - (1) is a regulation described in paragraph [(2)](#b-2) or [(4)](#b-4) of subsection (b), except that a [State](/usc/42/6202.md?p=4) regulation (or portion thereof) regulating [fluorescent lamp ballasts](/usc/42/6291.md?p=29-A) other than those to which paragraph (5) of [section 6295(g) of this title](/usc/42/6295.md?p=g) is applicable shall be effective only until the effective date of a standard that is prescribed by the [Secretary](/usc/42/6202.md?p=1) under [paragraph (7)](/usc/42/6295.md?p=g-7) of such section and is applicable to such [ballasts](/usc/42/6291.md?p=58), except that a [State](/usc/42/6202.md?p=4) regulation (or portion thereof) regulating fluorescent or [incandescent lamps](/usc/42/6291.md?p=30-C) other than those for which [section 6295(i) of this title](/usc/42/6295.md?p=i) is applicable shall be effective only until the effective date of a standard that is prescribed by the [Secretary](/usc/42/6202.md?p=1) and is applicable to such lamps;
  - (2) is a regulation which has been granted a waiver under [subsection (d)](#d);
  - (3) is in a building code for new [construction](/usc/42/300s–3.md?p=7) described in [subsection (f)(3)](#f-3);
  - (4) is a regulation concerning the [water use](/usc/42/6291.md?p=31-A) of lavatory [faucets](/usc/42/6291.md?p=31-E) adopted by the [State](/usc/42/6202.md?p=4) of New York or the [State](/usc/42/6202.md?p=4) of Georgia before October 24, 1992;
  - (5) is a regulation concerning the [water use](/usc/42/6291.md?p=31-A) of lavatory or kitchen [faucets](/usc/42/6291.md?p=31-E) adopted by the [State](/usc/42/6202.md?p=4) of Rhode Island prior to October 24, 1992;
  - (6) is a regulation (or portion thereof) concerning the water [efficiency](/usc/42/6311.md?p=13-H) or [water use](/usc/42/6291.md?p=31-A) of gravity tank-type [low consumption](/usc/42/6291.md?p=31-H) [water closets](/usc/42/6291.md?p=31-F) for installation in public places, except that such a regulation shall be effective only until January 1, 1997; or
  - (7)
    - (A) is a regulation concerning standards for [commercial prerinse spray valves](/usc/42/6291.md?p=33-A) adopted by the California [Energy](/usc/42/6291.md?p=3) [Commission](/usc/42/6291.md?p=18) before January 1, 2005; or
    - (B) is an amendment to a regulation described in [subparagraph (A)](#c-7-A) that was developed to align California regulations with changes in American Society for Testing and Materials Standard F2324;
  - (8)
    - (A) is a regulation concerning standards for [pedestrian modules](/usc/42/6291.md?p=39) adopted by the California [Energy](/usc/42/6291.md?p=3) [Commission](/usc/42/6291.md?p=18) before January 1, 2005; or
    - (B) is an amendment to a regulation described in [subparagraph (A)](#c-8-A) that was developed to align California regulations to changes in the Institute for Transportation Engineers standards, entitled “Performance Specification: Pedestrian Traffic Control Signal Indications”; and
  - (9) is a regulation concerning [metal halide lamp fixtures](/usc/42/6291.md?p=64) adopted by the California [Energy](/usc/42/6291.md?p=3) [Commission](/usc/42/6291.md?p=18) on or before January 1, 2011, except that—
    - (A) if the [Secretary](/usc/42/6202.md?p=1) fails to issue a final rule within 180 days after the deadlines for rulemakings in [section 6295(hh) of this title](/usc/42/6295.md?p=hh), notwithstanding any other provision of this section, preemption shall not apply to a regulation concerning [metal halide lamp fixtures](/usc/42/6291.md?p=64) adopted by the California [Energy](/usc/42/6291.md?p=3) [Commission](/usc/42/6291.md?p=18)—
      - (i) on or before July 1, 2015, if the [Secretary](/usc/42/6202.md?p=1) fails to meet the deadline specified in [section 6295(hh)(2) of this title](/usc/42/6295.md?p=hh-2); or
      - (ii) on or before July 1, 2022, if the [Secretary](/usc/42/6202.md?p=1) fails to meet the deadline specified in [section 6295(hh)(3) of this title](/usc/42/6295.md?p=hh-3).
- (d) **Waiver of Federal preemption—**
  - (1)
    - (A) Any [State](/usc/42/6202.md?p=4) or river basin [commission](/usc/42/6291.md?p=18) with a [State](/usc/42/6202.md?p=4) regulation which provides for any [energy conservation standard](/usc/42/6291.md?p=6) or other requirement with respect to [energy use](/usc/42/6291.md?p=4), [energy efficiency](/usc/42/6291.md?p=5), or [water use](/usc/42/6291.md?p=31-A) for any type (or class) of [covered product](/usc/42/6291.md?p=2) for which there is a Federal [energy conservation standard](/usc/42/6291.md?p=6) under [section 6295 of this title](/usc/42/6295.md) may file a petition with the [Secretary](/usc/42/6202.md?p=1) requesting a rule that such [State](/usc/42/6202.md?p=4) regulation become effective with respect to such [covered product](/usc/42/6291.md?p=2).
    - (B) Subject to paragraphs [(2)](#d-2) through [(5)](#d-5), the [Secretary](/usc/42/6202.md?p=1) shall, within the period described in [paragraph (2)](#d-2) and after consideration of the petition and the comments of interested [persons](/usc/42/6202.md?p=2), prescribe such rule if the [Secretary](/usc/42/6202.md?p=1) finds (and publishes such finding) that the [State](/usc/42/6202.md?p=4) or river basin [commission](/usc/42/6291.md?p=18) has established by a preponderance of the evidence that such [State](/usc/42/6202.md?p=4) regulation is needed to meet unusual and compelling [State](/usc/42/6202.md?p=4) or local [energy](/usc/42/6291.md?p=3) or water interests.
    - (C) For purposes of this subsection, the term “unusual and compelling [State](/usc/42/6202.md?p=4) or local [energy](/usc/42/6291.md?p=3) or water interests” means interests which—
      - (i) are substantially different in nature or magnitude than those prevailing in the [United States](/usc/42/6202.md?p=5) generally; and
      - (ii) are such that the costs, benefits, burdens, and reliability of [energy](/usc/42/6291.md?p=3) or water savings resulting from the [State](/usc/42/6202.md?p=4) regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to [energy](/usc/42/6291.md?p=3) or water savings or production, including reliance on reasonably predictable market-induced improvements in [efficiency](/usc/42/6311.md?p=13-H) of all products subject to the [State](/usc/42/6202.md?p=4) regulation.

      The factors described in [clause (ii)](#d-1-C-ii) shall be evaluated within the context of the [State](/usc/42/6202.md?p=4)’s [energy](/usc/42/6291.md?p=3) plan and forecast, and, with respect to a [State](/usc/42/6202.md?p=4) regulation for which a petition has been submitted to the [Secretary](/usc/42/6202.md?p=1) which provides for any [energy conservation standard](/usc/42/6291.md?p=6) or requirement with respect to [water use](/usc/42/6291.md?p=31-A) of a [covered product](/usc/42/6291.md?p=2), within the context of the water supply and groundwater management plan, water quality program, and comprehensive plan (if any) of the [State](/usc/42/6202.md?p=4) or river basin [commission](/usc/42/6291.md?p=18) for improving, developing, or conserving a waterway affected by water supply development.

  - (2) The [Secretary](/usc/42/6202.md?p=1) shall give notice of any petition filed under [paragraph (1)(A)](#d-1-A) and afford interested [persons](/usc/42/6202.md?p=2) a reasonable opportunity to make written comments, including rebuttal comments, thereon. The [Secretary](/usc/42/6202.md?p=1) shall, within the 6-month period beginning on the date on which any such petition is filed, deny such petition or prescribe the requested rule, except that the [Secretary](/usc/42/6202.md?p=1) may publish a notice in the Federal Register extending such period to a date certain but no longer than one year after the date on which the petition was filed. Such notice shall include the reasons for delay. In the case of any denial of a petition under this subsection, the [Secretary](/usc/42/6202.md?p=1) shall publish in the Federal Register notice of, and the reasons for, such denial.
  - (3) The [Secretary](/usc/42/6202.md?p=1) may not prescribe a rule under this subsection if the [Secretary](/usc/42/6202.md?p=1) finds (and publishes such finding) that interested [persons](/usc/42/6202.md?p=2) have established, by a preponderance of the evidence, that such [State](/usc/42/6202.md?p=4) regulation will significantly burden manufacturing, marketing, distribution, sale, or servicing of the [covered product](/usc/42/6291.md?p=2) on a national basis. In determining whether to make such finding, the [Secretary](/usc/42/6202.md?p=1) shall evaluate all relevant factors, including—
    - (A) the extent to which the [State](/usc/42/6202.md?p=4) regulation will increase manufacturing or distribution costs of [manufacturers](/usc/42/6291.md?p=12), [distributors](/usc/42/6291.md?p=14), and others;
    - (B) the extent to which the [State](/usc/42/6202.md?p=4) regulation will disadvantage smaller [manufacturers](/usc/42/6291.md?p=12), [distributors](/usc/42/6291.md?p=14), or dealers or lessen competition in the sale of the [covered product](/usc/42/6291.md?p=2) in the [State](/usc/42/6202.md?p=4);
    - (C) the extent to which the [State](/usc/42/6202.md?p=4) regulation would cause a burden to [manufacturers](/usc/42/6291.md?p=12) to redesign and produce the [covered product](/usc/42/6291.md?p=2) type (or class), taking into consideration the extent to which the regulation would result in a reduction—
      - (i) in the current models, or in the projected availability of models, that could be shipped on the effective date of the regulation to the [State](/usc/42/6202.md?p=4) and within the [United States](/usc/42/6202.md?p=5); or
      - (ii) in the current or projected sales volume of the [covered product](/usc/42/6291.md?p=2) type (or class) in the [State](/usc/42/6202.md?p=4) and the [United States](/usc/42/6202.md?p=5); and
    - (D) the extent to which the [State](/usc/42/6202.md?p=4) regulation is likely to contribute significantly to a proliferation of [State](/usc/42/6202.md?p=4) [appliance](/usc/42/6321.md?p=c-1) [efficiency](/usc/42/6311.md?p=13-H) requirements and the cumulative impact such requirements would have.
  - (4) The [Secretary](/usc/42/6202.md?p=1) may not prescribe a rule under this subsection if the [Secretary](/usc/42/6202.md?p=1) finds (and publishes such finding) that interested [persons](/usc/42/6202.md?p=2) have established, by a preponderance of the evidence, that the [State](/usc/42/6202.md?p=4) regulation is likely to result in the unavailability in the [State](/usc/42/6202.md?p=4) of any [covered product](/usc/42/6291.md?p=2) type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the [State](/usc/42/6202.md?p=4) at the time of the [Secretary](/usc/42/6202.md?p=1)’s finding, except that the failure of some classes (or types) to meet this criterion shall not affect the [Secretary](/usc/42/6202.md?p=1)’s determination of whether to prescribe a rule for other classes (or types).
  - (5) No final rule prescribed by the [Secretary](/usc/42/6202.md?p=1) under this subsection may—
    - (A) permit any [State](/usc/42/6202.md?p=4) regulation to become effective with respect to any [covered product](/usc/42/6291.md?p=2) manufactured within three years after such rule is published in the Federal Register or within five years if the [Secretary](/usc/42/6202.md?p=1) finds that such additional time is necessary due to the substantial burdens of retooling, redesign, or distribution needed to comply with the [State](/usc/42/6202.md?p=4) regulation; or
    - (B) become effective with respect to a [covered product](/usc/42/6291.md?p=2) manufactured before the earliest possible effective date specified in [section 6295 of this title](/usc/42/6295.md) for the initial amendment of the [energy conservation standard](/usc/42/6291.md?p=6) established in such section for the [covered product](/usc/42/6291.md?p=2); except that such rule may become effective before such date if the [Secretary](/usc/42/6202.md?p=1) finds (and publishes such finding) that, in addition to the other requirements of this subsection the [State](/usc/42/6202.md?p=4) has established, by a preponderance of the evidence, that—
      - (i) there exists within the [State](/usc/42/6202.md?p=4) an [energy](/usc/42/6291.md?p=3) emergency condition or, if the [State](/usc/42/6202.md?p=4) regulation provides for an [energy conservation standard](/usc/42/6291.md?p=6) or other requirement with respect to the [water use](/usc/42/6291.md?p=31-A) of a [covered product](/usc/42/6291.md?p=2) for which there is a Federal [energy conservation standard](/usc/42/6291.md?p=6) under subsection (j) or (k) of [section 6295 of this title](/usc/42/6295.md), a water emergency condition, which—
        - (I) imperils the health, safety, and welfare of its residents because of the inability of the [State](/usc/42/6202.md?p=4) or utilities within the [State](/usc/42/6202.md?p=4) to provide adequate quantities of gas or electric [energy](/usc/42/6291.md?p=3) or, in the case of a water emergency condition, water or wastewater [treatment](/usc/42/11851.md?p=11), to its residents at less than prohibitive costs; and
        - (II) cannot be substantially alleviated by the [importation](/usc/42/6291.md?p=11) of [energy](/usc/42/6291.md?p=3) or, in the case of a water emergency condition, by the [importation](/usc/42/6291.md?p=11) of water, or by the use of interconnection agreements; and
      - (ii) the [State](/usc/42/6202.md?p=4) regulation is necessary to alleviate substantially such condition.
  - (6) In any case in which a [State](/usc/42/6202.md?p=4) is issued a rule under [paragraph (1)](#d-1) with respect to a [covered product](/usc/42/6291.md?p=2) and subsequently a Federal [energy conservation standard](/usc/42/6291.md?p=6) concerning such product is amended pursuant to [section 6295 of this title](/usc/42/6295.md), any [person](/usc/42/6202.md?p=2) subject to such [State](/usc/42/6202.md?p=4) regulation may file a petition with the [Secretary](/usc/42/6202.md?p=1) requesting the [Secretary](/usc/42/6202.md?p=1) to withdraw the rule issued under [paragraph (1)](#d-1) with respect to such product in such [State](/usc/42/6202.md?p=4). The [Secretary](/usc/42/6202.md?p=1) shall consider such petition in accordance with the requirements of paragraphs [(1)](#d-1), [(3)](#d-3), and [(4)](#d-4), except that the burden shall be on the petitioner to show by a preponderance of the evidence that the rule received by the [State](/usc/42/6202.md?p=4) under [paragraph (1)](#d-1) should be withdrawn as a result of the amendment to the Federal standard. If the [Secretary](/usc/42/6202.md?p=1) determines that the petitioner has shown that the rule issued by the [State](/usc/42/6202.md?p=4) should be so withdrawn, the [Secretary](/usc/42/6202.md?p=1) shall withdraw it.
- (e) **Exception for certain State procurement standards—** Any [State](/usc/42/6202.md?p=4) regulation which sets forth procurement standards for a [State](/usc/42/6202.md?p=4) (or political subdivision thereof) shall not be superseded by the provisions of this part if such standards are more stringent than the corresponding Federal [energy conservation standards](/usc/42/6291.md?p=6).
- (f) **Exception for certain building code requirements—**
  - (1) A regulation or other requirement enacted or prescribed before January 8, 1987, that is contained in a [State](/usc/42/6202.md?p=4) or local building code for new [construction](/usc/42/300s–3.md?p=7) concerning the [energy efficiency](/usc/42/6291.md?p=5) or [energy use](/usc/42/6291.md?p=4) of a [covered product](/usc/42/6291.md?p=2) is not superseded by this part until the effective date of the [energy conservation standard](/usc/42/6291.md?p=6) established in or prescribed under [section 6295 of this title](/usc/42/6295.md) for such [covered product](/usc/42/6291.md?p=2).
  - (2) A regulation or other requirement, or revision thereof, enacted or prescribed on or after January 8, 1987, that is contained in a [State](/usc/42/6202.md?p=4) or local building code for new [construction](/usc/42/300s–3.md?p=7) concerning the [energy efficiency](/usc/42/6291.md?p=5) or [energy use](/usc/42/6291.md?p=4) of a [covered product](/usc/42/6291.md?p=2) is not superseded by this part until the effective date of the [energy conservation standard](/usc/42/6291.md?p=6) established in or prescribed under [section 6295 of this title](/usc/42/6295.md) for such [covered product](/usc/42/6291.md?p=2) if the code does not require that the [energy efficiency](/usc/42/6291.md?p=5) of such [covered product](/usc/42/6291.md?p=2) exceed—
    - (A) the applicable minimum [efficiency](/usc/42/6311.md?p=13-H) requirement in a national voluntary consensus standard; or
    - (B) the minimum [energy efficiency](/usc/42/6291.md?p=5) level in a regulation or other requirement of the [State](/usc/42/6202.md?p=4) meeting the requirements of subsection [(b)(1)](#b-1) or [(b)(5)](#b-5),

    whichever is higher.

  - (3) Effective on the effective date of an [energy conservation standard](/usc/42/6291.md?p=6) for a [covered product](/usc/42/6291.md?p=2) established in or prescribed under [section 6295 of this title](/usc/42/6295.md), a regulation or other requirement contained in a [State](/usc/42/6202.md?p=4) or local building code for new [construction](/usc/42/300s–3.md?p=7) concerning the [energy efficiency](/usc/42/6291.md?p=5) or [energy use](/usc/42/6291.md?p=4) of such [covered product](/usc/42/6291.md?p=2) is not superseded by this part if the code complies with all of the following requirements:
    - (A) The code permits a builder to meet an [energy](/usc/42/6291.md?p=3) consumption or conservation objective for a [building](/usc/42/6321.md?p=c-2) by selecting items whose combined [energy efficiencies](/usc/42/6291.md?p=5) meet the objective.
    - (B) The code does not require that the [covered product](/usc/42/6291.md?p=2) have an [energy efficiency](/usc/42/6291.md?p=5) exceeding the applicable [energy conservation standard](/usc/42/6291.md?p=6) established in or prescribed under [section 6295 of this title](/usc/42/6295.md), except that the required [efficiency](/usc/42/6311.md?p=13-H) may exceed such standard up to the level required by a regulation of that [State](/usc/42/6202.md?p=4) for which the [Secretary](/usc/42/6202.md?p=1) has issued a rule granting a waiver under [subsection (d)](#d).
    - (C) The credit to the [energy](/usc/42/6291.md?p=3) consumption or conservation objective allowed by the code for installing [covered products](/usc/42/6291.md?p=2) having [energy efficiencies](/usc/42/6291.md?p=5) exceeding such [energy conservation standard](/usc/42/6291.md?p=6) established in or prescribed under [section 6295 of this title](/usc/42/6295.md) or the [efficiency](/usc/42/6311.md?p=13-H) level required in a [State](/usc/42/6202.md?p=4) regulation referred to in [subparagraph (B)](#f-3-B) is on a one-for-one equivalent [energy use](/usc/42/6291.md?p=4) or equivalent cost basis.
    - (D) If the code uses one or more baseline [building](/usc/42/6321.md?p=c-2) designs against which all submitted [building](/usc/42/6321.md?p=c-2) designs are to be evaluated and such baseline [building](/usc/42/6321.md?p=c-2) designs contain a [covered product](/usc/42/6291.md?p=2) subject to an [energy conservation standard](/usc/42/6291.md?p=6) established in or prescribed under [section 6295 of this title](/usc/42/6295.md), the baseline [building](/usc/42/6321.md?p=c-2) designs are based on the [efficiency](/usc/42/6311.md?p=13-H) level for such [covered product](/usc/42/6291.md?p=2) which meets but does not exceed such standard or the [efficiency](/usc/42/6311.md?p=13-H) level required by a regulation of that [State](/usc/42/6202.md?p=4) for which the [Secretary](/usc/42/6202.md?p=1) has issued a rule granting a waiver under [subsection (d)](#d).
    - (E) If the code sets forth one or more optional combinations of items which meet the [energy](/usc/42/6291.md?p=3) consumption or conservation objective, for every combination which includes a [covered product](/usc/42/6291.md?p=2) the [efficiency](/usc/42/6311.md?p=13-H) of which exceeds either standard or level referred to in [subparagraph (D)](#f-3-D), there also shall be at least one combination which includes such [covered product](/usc/42/6291.md?p=2) the [efficiency](/usc/42/6311.md?p=13-H) of which does not exceed such standard or level by more than 5 percent, except that at least one combination shall include such [covered product](/usc/42/6291.md?p=2) the [efficiency](/usc/42/6311.md?p=13-H) of which meets but does not exceed such standard.
    - (F) The [energy](/usc/42/6291.md?p=3) consumption or conservation objective is specified in terms of an estimated total consumption of [energy](/usc/42/6291.md?p=3) (which may be calculated from [energy](/usc/42/6291.md?p=3) loss- or gain-based codes) utilizing an equivalent amount of [energy](/usc/42/6291.md?p=3) (which may be specified in units of [energy](/usc/42/6291.md?p=3) or its equivalent cost).
    - (G) The estimated [energy use](/usc/42/6291.md?p=4) of any [covered product](/usc/42/6291.md?p=2) permitted or required in the code, or used in calculating the objective, is determined using the applicable test procedures prescribed under [section 6293 of this title](/usc/42/6293.md), except that the [State](/usc/42/6202.md?p=4) may permit the estimated [energy use](/usc/42/6291.md?p=4) calculation to be adjusted to reflect the conditions of the areas where the code is being applied if such adjustment is based on the use of the applicable test procedures prescribed under [section 6293 of this title](/usc/42/6293.md) or other technically accurate documented procedure.
  - (4)
    - (A) Subject to [subparagraph (B)](#f-4-B), a [State](/usc/42/6202.md?p=4) or local government is not required to submit a petition to the [Secretary](/usc/42/6202.md?p=1) in order to enforce or apply its building code or to establish that the code meets the conditions set forth in this subsection.
    - (B) If a building code requires the installation of [covered products](/usc/42/6291.md?p=2) with [efficiencies](/usc/42/6311.md?p=13-H) exceeding both the applicable Federal standard established in or prescribed under [section 6295 of this title](/usc/42/6295.md) and the applicable standard of such [State](/usc/42/6202.md?p=4), if any, that has been granted a waiver under [subsection (d)](#d), such requirement of the building code shall not be applicable unless the [Secretary](/usc/42/6202.md?p=1) has granted a waiver for such requirement under [subsection (d)](#d).
- (g) **No warranty—** Any disclosure with respect to [energy use](/usc/42/6291.md?p=4), [energy efficiency](/usc/42/6291.md?p=5), or [estimated annual operating cost](/usc/42/6291.md?p=7) which is required to be made under the provisions of this part shall not create an express or implied warranty under [State](/usc/42/6202.md?p=4) or Federal law that such [energy efficiency](/usc/42/6291.md?p=5) will be achieved or that such [energy use](/usc/42/6291.md?p=4) or [estimated annual operating cost](/usc/42/6291.md?p=7) will not be exceeded under conditions of actual use.

## Source credit

(Pub. L. 94–163, title III, § 327, Dec. 22, 1975, 89 Stat. 926; Pub. L. 95–619, title IV, § 424, Nov. 9, 1978, 92 Stat. 3263; Pub. L. 100–12, § 7, Mar. 17, 1987, 101 Stat. 117; Pub. L. 100–357, § 2(f), June 28, 1988, 102 Stat. 674; Pub. L. 102–486, title I, § 123(h), Oct. 24, 1992, 106 Stat. 2829; Pub. L. 109–58, title I, § 135(d), Aug. 8, 2005, 119 Stat. 634; Pub. L. 110–140, title III, §§ 321(d), 324(f), Dec. 19, 2007, 121 Stat. 1585, 1594; Pub. L. 112–210, § 10(a)(9), Dec. 18, 2012, 126 Stat. 1524.)

## Notes

### Editorial Notes

### Amendments

2012—Subsec. (b)(1)(B). Pub. L. 112–210 inserted “and” after the semicolon in cl. (i), substituted a period for “; and” in cl. (ii), and struck out cl. (iii) which read as follows: “all other States may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards and effective dates.”

2007—Subsec. (b)(1). Pub. L. 110–140, § 321(d), designated existing provisions as subpar. (A) and added subpar. (B).

Subsec. (c)(9). Pub. L. 110–140, § 324(f), added par. (9).

2005—Subsec. (c)(7), (8). Pub. L. 109–58 added pars. (7) and (8).

1992—Subsec. (a)(1). Pub. L. 102–486, § 123(h)(1)(A)–(C), in introductory provisions inserted “or water use” after “energy consumption”, in par. (A) inserted “, water use,” after “energy consumption”, and in par. (B) substituted “, energy efficiency, or water use” for “or energy efficiency”.

Subsec. (a)(2). Pub. L. 102–486, § 123(h)(1)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this section, the term ‘State regulation’ means a law, regulation, or other requirement of a State or its political subdivisions.”

Subsec. (b). Pub. L. 102–486, § 123(h)(2)(A), substituted “, energy use, or water use of the covered product” for “or energy use of the covered product”.

Subsec. (b)(1). Pub. L. 102–486, § 123(h)(2)(B), inserted before semicolon at end “, or in the case of any portion of any regulation which establishes requirements for fluorescent or incandescent lamps, flow rate requirements for showerheads or faucets, or water use requirements for water closets or urinals, was prescribed or enacted before October 24, 1992”.

Subsec. (b)(4). Pub. L. 102–486, § 123(h)(2)(C), inserted before semicolon at end “, or is a regulation (or portion thereof) regulating fluorescent or incandescent lamps other than those to which section 6295(i) of this title is applicable, or is a regulation (or portion thereof) regulating showerheads or faucets other than those to which section 6295(j) of this title is applicable or regulating lavatory faucets (other than metering faucets) for installation in public places, or is a regulation (or portion thereof) regulating water closets or urinals other than those to which section 6295(k) of this title is applicable”.

Subsec. (b)(7). Pub. L. 102–486, § 123(h)(2)(D)–(F), added par. (7).

Subsec. (c). Pub. L. 102–486, § 123(h)(3)(A), inserted “, subparagraphs (B) and (C) of section 6295(j)(3) of this title, and subparagraphs (B) and (C) of section 6295(k)(3) of this title” after “section 6295(b)(3)(A)(ii) of this title” and substituted “, energy use, or water use” for “or energy use”.

Subsec. (c)(1). Pub. L. 102–486, § 123(h)(3)(B) inserted before semicolon at end “, except that a State regulation (or portion thereof) regulating fluorescent or incandescent lamps other than those for which section 6295(i) of this title is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary and is applicable to such lamps”.

Subsec. (c)(4) to (6). Pub. L. 102–486, § 123(h)(3)(C)–(E), added pars. (4) to (6).

Subsec. (d)(1)(A). Pub. L. 102–486, § 123(h)(4)(A), inserted “or river basin commission” after “Any State” and substituted “, energy efficiency, or water use” for “or energy efficiency”.

Subsec. (d)(1)(B). Pub. L. 102–486, § 123(h)(4)(B), substituted “State or river basin commission has” for “State has” and inserted “or water” after “energy”.

Subsec. (d)(1)(C). Pub. L. 102–486, § 123(h)(4)(C), in introductory provisions and cl. (ii) inserted “or water” after “energy” wherever appearing and in closing provisions inserted before period at end “, and, with respect to a State regulation for which a petition has been submitted to the Secretary which provides for any energy conservation standard or requirement with respect to water use of a covered product, within the context of the water supply and groundwater management plan, water quality program, and comprehensive plan (if any) of the State or river basin commission for improving, developing, or conserving a waterway affected by water supply development”.

Subsec. (d)(5)(B)(i). Pub. L. 102–486, § 123(h)(5), added cl. (i) and struck out former cl. (i) which read as follows: “an energy emergency condition exists within the State which—

“(I) imperils the health, safety, and welfare of its residents because of the inability of the State or utilities within the State to provide adequate quantities of gas or electric energy to its residents at less than prohibitive costs; and

“(II) cannot be substantially alleviated by the importation of energy or the use of interconnection agreements; and”.

1988—Subsec. (b)(1). Pub. L. 100–357, § 2(f)(1), inserted before semicolon “, or in the case of any portion of any regulation which establishes requirements for fluorescent lamp ballasts, was prescribed or enacted before June 28, 1988”.

Subsec. (b)(4). Pub. L. 100–357, § 2(f)(2), inserted before semicolon “, or is a regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 6295(g) of this title is applicable”.

Subsec. (c)(1). Pub. L. 100–357, § 2(f)(3), inserted before semicolon “, except that a State regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 6295(g) of this title is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary under paragraph (7) of such section and is applicable to such ballasts”.

1987—Pub. L. 100–12 amended section generally, revising and restating as subsecs. (a) to (g) provisions formerly contained in subsecs. (a) to (e).

1978—Subsec. (a)(2). Pub. L. 95–619, § 424(b), substituted “other requirement” for “similar requirement”.

Subsec. (b). Pub. L. 95–619, § 424(a), in par. (1) substituted provisions vesting power to prescribe rules superseding State energy efficiency regulations in the Secretary for provisions vesting such power in the Administrator of the Federal Energy Administration and provided that persons subject to such State regulations were to petition the Secretary for relief therefrom rather than the Administrator, in par. (2) inserted provisions authorizing the supersedure of any State regulation prescribed after Jan. 1, 1978 respecting energy use of any type of covered product and authorizing the filing of a petition by the State for exemption from any such supersedure, and struck out provision that a State regulation containing a more stringent energy efficiency standard than the corresponding Federal standard would not be superseded, and added pars. (3) to (5).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

### Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.