IB
Union Calendar No. 357
118THCONGRESS
2
DSESSION H. R. 6192
[Report No. 118–432]
To amend the Energy Policy and Conservation Act to prohibit the Secretary
of Energy from prescribing any new or amended energy conservation
standard for a product that is not technologically feasible and economi-
cally justified, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER2, 2023
Mrs. L
ESKOintroduced the following bill; which was referred to the
Committee on Energy and Commerce
M
ARCH26, 2024
Additional sponsors: Mrs. M
ILLERof West Virginia, Mrs. HARSHBARGER,
Mrs. M
ILLERof Illinois, Mr. ALLEN, Mr. BERGMAN, Mr. ALFORD, Mr.
J
ACKSONof Texas, Mr. LAHOOD, Ms. VANDUYNE, and Mr. WEBERof
Texas
M
ARCH26, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 2, 2023]
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 2
•HR 6192 RH
A BILL
To amend the Energy Policy and Conservation Act to pro-
hibit the Secretary of Energy from prescribing any new
or amended energy conservation standard for a product
that is not technologically feasible and economically justi-
fied, and for other purposes.
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 3
•HR 6192 RH
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 ‘‘Hands Off Our Home 4
Appliances Act’’. 5
SEC. 2. PRESCRIBING NEW OR AMENDED ENERGY CON-6
SERVATION STANDARDS. 7
(a) A
MENDMENT OFSTANDARDS.— 8
(1) I
N GENERAL.—Section 325(m)(1) of the En-9
ergy Policy and Conservation Act (42 U.S.C. 10
6295(m)(1)) is amended to read as follows: 11
‘‘(1) I
N GENERAL.—The Secretary may, for any 12
product, publish a notice of proposed rulemaking in-13
cluding new proposed standards for such product 14
based on the criteria established under subsection (o) 15
and the procedures established under subsection (p).’’. 16
(2) A
MENDMENT OF STANDARD .—Section 17
325(m)(3) of the Energy Policy and Conservation Act 18
(42 U.S.C. 6295(m)(3)) is amended to read as follows: 19
‘‘(3) A
MENDMENT OF STANDARD .—Not later than 20
2 years after a notice is issued under paragraph (1), 21
the Secretary shall publish a final rule amending the 22
standard for the product.’’. 23
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 4
•HR 6192 RH
(b) PETITION FORAMENDEDSTANDARD.—Section 1
325(n) of the Energy Policy and Conservation Act (42 2
U.S.C. 6295(n)) is amended— 3
(1) in the subsection heading, by striking ‘‘
AN 4
A
MENDEDSTANDARD’’ and inserting ‘‘AMENDMENT 5
ORREVOCATION OFSTANDARD’’; 6
(2) in paragraph (1), by inserting ‘‘or revoked’’ 7
after ‘‘should be amended’’; 8
(3) by amending paragraph (2) to read as fol-9
lows: 10
‘‘(2) The Secretary shall grant a petition to determine 11
if energy conservation standards for a covered product 12
should be amended or revoked if the Secretary finds that 13
such petition contains evidence, assuming no other evidence 14
were considered, that such standards— 15
‘‘(A) result in additional costs to consumers; 16
‘‘(B) do not result in significant conservation of 17
energy or water; 18
‘‘(C) are not technologically feasible; and 19
‘‘(D) result in such covered product not being 20
commercially available in the United States to all 21
consumers.’’; and 22
(4) in paragraph (4)— 23
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 5
•HR 6192 RH
(A) by striking ‘‘NEW OR AMENDED STAND -1
ARDS.’’ and inserting ‘‘NEW, AMENDED, OR RE-2
VOKED STANDARDS.’’; 3
(B) by redesignating subparagraphs (A) 4
and (B) as clauses (i) and (ii), respectively (and 5
by conforming the margins accordingly); 6
(C) by striking ‘‘Not later than 3 years’’ 7
and inserting the following: 8
‘‘(A) Not later than 3 years’’; and 9
(D) by adding at the end the following: 10
‘‘(B) Not later than 180 days after the date 11
of granting a petition to revoke standards, the 12
Secretary shall publish in the Federal Register— 13
‘‘(i) a final rule revoking the stand-14
ards; or 15
‘‘(ii) a determination that it is not 16
necessary to revoke the standards. 17
‘‘(C) The grant of a petition by the Sec-18
retary under this subsection creates no presump-19
tion with respect to the Secretary’s determina-20
tion of any of the criteria in a rulemaking under 21
this section. 22
‘‘(D) Standards that have been revoked pur-23
suant to subparagraph (B) shall be considered to 24
be in effect for purposes of section 327.’’. 25
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 6
•HR 6192 RH
(c) CRITERIA.—Paragraphs (2) and (3) of section 1
325(o) of the Energy Policy and Conservation Act (42 2
U.S.C. 6295(o)) are amended to read as follows: 3
‘‘(2) R
EQUIREMENTS.— 4
‘‘(A) D
ESIGN.—Any new or amended en-5
ergy conservation standard prescribed by the 6
Secretary under this section for any type (or 7
class) of covered product shall be designed to 8
achieve the maximum improvement in energy ef-9
ficiency, or, in the case of showerheads, faucets, 10
water closets, or urinals, water efficiency, which 11
the Secretary determines is technologically fea-12
sible and economically justified. 13
‘‘(B) T
EST PROCEDURES.—The Secretary 14
may not prescribe a new or amended energy con-15
servation standard under this section for a type 16
(or class) of covered product if a test procedure 17
has not been prescribed pursuant to section 323 18
with respect to that type (or class) of product. 19
‘‘(C) S
IGNIFICANT CONSERVATION .—The 20
Secretary may not prescribe a new or amended 21
energy conservation standard under this section 22
for a type (or class) of covered product if the 23
Secretary determines that the establishment and 24
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 7
•HR 6192 RH
imposition of such energy conservation standard 1
will not result in significant conservation of— 2
‘‘(i) energy; or 3
‘‘(ii) in the case of showerheads, fau-4
cets, water closets, or urinals, water. 5
‘‘(D) T
ECHNOLOGICALLY FEASIBLE AND 6
ECONOMICALLY JUSTIFIED.—The Secretary may 7
not prescribe a new or amended energy conserva-8
tion standard under this section for a type (or 9
class) of covered product unless the Secretary de-10
termines that the establishment and imposition 11
of such energy conservation standard is techno-12
logically feasible and economically justified. 13
‘‘(3) F
ACTORS FOR DETERMINATION .— 14
‘‘(A) E
CONOMIC ANALYSIS.—Prior to pre-15
scribing any new or amended energy conserva-16
tion standard under this section for any type (or 17
class) of covered product, the Secretary shall con-18
duct a quantitative economic impact analysis of 19
imposition of the energy conservation standard 20
that determines the predicted— 21
‘‘(i) effects of imposition of the energy 22
conservation standard on costs and mone-23
tary benefits to consumers of the products 24
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 8
•HR 6192 RH
subject to such energy conservation stand-1
ard, including— 2
‘‘(I) costs to low-income house-3
holds; and 4
‘‘(II) variations in costs to con-5
sumers based on differences in regions, 6
including climatic differences; 7
‘‘(ii) effects of imposition of the energy 8
conservation standard on employment; and 9
‘‘(iii) lifecycle costs for the covered 10
product, including costs associated with the 11
purchase, installation, maintenance, dis-12
posal, and replacement of the covered prod-13
uct. 14
‘‘(B) P
ROHIBITION ON ADDITIONAL COSTS 15
TO THE CONSUMER.—The Secretary may not de-16
termine that imposition of an energy conserva-17
tion standard is economically justified unless the 18
Secretary, based on an economic analysis under 19
subparagraph (A), determines that— 20
‘‘(i) imposition of such energy con-21
servation standard is not likely to result in 22
additional net costs to the consumer, includ-23
ing any increase in net costs associated 24
with the purchase, installation, mainte-25
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 9
•HR 6192 RH
nance, disposal, and replacement of the cov-1
ered product; and 2
‘‘(ii) the monetary value of the energy 3
savings and, as applicable, water savings, 4
that the consumer will receive as a result of 5
such energy conservation standard during 6
the first 3 years after purchasing and in-7
stalling a covered product complying with 8
such energy conservation standard, as cal-9
culated under the applicable test procedure, 10
will be greater than any increased costs to 11
the consumer of the covered product due to 12
imposition of such energy conservation 13
standard, including increased costs associ-14
ated with the purchase, installation, main-15
tenance, disposal, and replacement of the 16
covered product. 17
‘‘(C) R
EQUIRED ENERGY OR WATER SAV -18
INGS.—The Secretary may not determine that 19
imposition of an energy conservation standard is 20
economically justified unless the Secretary deter-21
mines that compliance with such energy con-22
servation standard will result in— 23
‘‘(i) a reduction of at least 0.3 quads 24
of site energy over 30 years; or 25
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 10
•HR 6192 RH
‘‘(ii) at least a 10 percent reduction in 1
energy or water use of the covered product. 2
‘‘(D) C
RITERIA RELATED TO PERFORM -3
ANCE.—The Secretary may not determine that 4
imposition of an energy conservation standard is 5
economically justified unless the Secretary deter-6
mines that imposition of such energy conserva-7
tion standard will not result in any lessening of 8
the utility or the performance of the applicable 9
covered product, taking into consideration the ef-10
fects of such energy conservation standard on— 11
‘‘(i) the compatibility of the covered 12
product with existing systems; 13
‘‘(ii) the life span of the covered prod-14
uct; 15
‘‘(iii) the operating conditions of the 16
covered product; 17
‘‘(iv) the duty cycle, charging time, 18
and run time of the covered product, as ap-19
plicable; 20
‘‘(v) the maintenance requirements of 21
the covered product; and 22
‘‘(vi) the replacement and disposal re-23
quirements for the covered product. 24
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 11
•HR 6192 RH
‘‘(E) CRITERIA RELATED TO MARKET COM -1
PETITION AND PRICE DISCRIMINATION .—The Sec-2
retary may not determine that imposition of an 3
energy conservation standard is economically 4
justified unless the Secretary determines that im-5
position of the energy conservation standard is 6
not likely to result in— 7
‘‘(i) any lessening of market competi-8
tion; or 9
‘‘(ii) price discrimination. 10
‘‘(F) T
ECHNOLOGICAL INNOVATION .—The 11
Secretary may not determine that imposition of 12
an energy conservation standard is economically 13
justified unless the Secretary determines that im-14
position of such energy conservation standard is 15
not likely to result in the unavailability in the 16
United States of a type (or class) of products 17
based on what type of fuel the product consumes. 18
‘‘(G) O
THER CONSIDERATIONS .—In deter-19
mining whether imposition of an energy con-20
servation standard is economically justified, the 21
Secretary— 22
‘‘(i) shall prioritize the interests of con-23
sumers; 24
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 12
•HR 6192 RH
‘‘(ii) may not consider estimates of the 1
social costs or social benefits associated with 2
incremental greenhouse gas emissions; and 3
‘‘(iii) shall consider— 4
‘‘(I) the economic impact of the 5
standard on the manufacturers and on 6
the consumers of the products subject to 7
such standard; 8
‘‘(II) the savings in operating 9
costs throughout the estimated average 10
life of the covered product in the type 11
(or class) compared to any increase in 12
the price of, or in the initial charges 13
for, or maintenance expenses of, the 14
covered products which are likely to re-15
sult from the imposition of the stand-16
ard; 17
‘‘(III) the total projected amount 18
of energy, or as applicable, water, sav-19
ings likely to result directly from the 20
imposition of the standard; 21
‘‘(IV) the need for national energy 22
and water conservation; and 23
‘‘(V) other factors the Secretary 24
considers relevant. 25
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 13
•HR 6192 RH
‘‘(H) REGULATORY REVIEW.— 1
‘‘(i) E
VALUATION.—Not later than 2 years 2
after the issuance of any final rule prescribing a 3
new or amended energy conservation standard 4
under this section for any type (or class) of cov-5
ered product, the Secretary shall evaluate the 6
rule to determine whether such energy conserva-7
tion standard is technologically feasible and eco-8
nomically justified and whether the regulatory 9
impact analysis for such rule remains accurate. 10
‘‘(ii) E
FFECT.—Notwithstanding any other 11
provision of this part, if the Secretary deter-12
mines, based on an evaluation under clause (i), 13
that an energy conservation standard is not tech-14
nologically feasible or economically justified— 15
‘‘(I) the Secretary shall publish such 16
determination and such energy conservation 17
standard shall have no force or effect (except 18
that such energy conservation standard 19
shall be considered to be in effect for pur-20
poses of section 327); and 21
‘‘(II) the Secretary may publish a final 22
rule amending the energy conservation 23
standard for the type (or class) of covered 24
product to be technologically feasible and 25
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS 14
•HR 6192 RH
economically justified in accordance with 1
this subsection, which amendment shall 2
apply to such a product that is manufac-3
tured after the date that is 2 years after 4
publication of such final rule.’’. 5
SEC. 3. CONFORMING AMENDMENTS. 6
(a) R
EGIONAL STANDARDS.—Section 7
325(o)(6)(D)(i)(II) of the Energy Policy and Conservation 8
Act (42 U.S.C. 6295(o)(6)(D)(i)(II)) is amended by striking 9
‘‘this paragraph’’ and inserting ‘‘this subsection’’. 10
(b) P
ROCEDURE FORPRESCRIBINGNEW ORAMENDED 11
S
TANDARDS.—Section 325(p)(2)(A) of the Energy Policy 12
and Conservation Act (42 U.S.C. 6295(p)(2)(A)) is amend-13
ed by striking ‘‘taking into account those factors which the 14
Secretary must consider under subsection (o)(2)’’ and in-15
serting ‘‘as determined in accordance with subsection (o)’’. 16
(c) E
NERGYCONSERVATIONSTANDARDS FORHIGH- 17
I
NTENSITYDISCHARGELAMPS, DISTRIBUTIONTRANS-18
FORMERS, ANDSMALLELECTRICMOTORS.—Section 346 of 19
the Energy Policy and Conservation Act (42 U.S.C. 6317) 20
is amended by striking subsection (c). 21
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS Union Calendar No.
357
118
TH
CONGRESS
2
D
S
ESSION
H. R. 6192
[Report No. 118–432]
A BILL
To amend the Energy Policy and Conservation Act
to prohibit the Secretary of Energy from pre-
scribing any new or amended energy conservation
standard for a product that is not technologically
feasible and economically justified, and for other
purposes.
M
ARCH
26, 2024
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
VerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6651 Sfmt 6651 E:\BILLS\H6192.RH H6192
ssavage on LAPJG3WLY3PROD with BILLS