I
116th CONGRESS
1st Session
H. R. 105
IN THE HOUSE OF REPRESENTATIVES
January 3, 2019
Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To repeal Federal energy conservation standards, and for other purposes.
Short title
This Act may be cited as the Energy Efficiency Free Market Act of 2019
.
Repeal of energy conservation standards
Definitions
Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended—
in paragraph (4), by striking , determined in accordance with test procedures under section 323
;
in paragraph (5), by striking , determined in accordance with test procedures under section 323
;
by striking paragraph (6);
in paragraph (7), by striking , determined in accordance with section 323
;
by striking paragraphs (19), (20), (22), (26), and (28);
in paragraph (29), by striking subparagraphs (C), (D), (E), (G), (H), (I), (J), (K), (L), (M), (N), (O), and (P);
in paragraph (30), by striking subparagraphs (G), (O), (U), and (V);
in paragraph (31), by striking subparagraph (H); and
by striking paragraphs (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (47), (48), (50), (52), (53), (54), (55), (56), (57), (59), (60), (62), (65), and (66).
Test procedures
Section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) is amended—
by striking subsections (a), (b), (d), (e), and (f); and
in subsection (c)—
in paragraph (1), by striking a test procedure is applicable under subsection (a)
and inserting a test procedure was applicable under subsection (a) or (b), as in effect on the day before the date of enactment of the Energy Efficiency Free Market Act of 2019,
; and
by striking paragraphs (2) and (3).
Labeling
Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended—
in subsection (a)—
in paragraph (2)—
in subparagraph (B), by striking and to which standards are applicable under section 325
;
in subparagraph (C)(i), by striking and to which standards are applicable under section 325
;
in subparagraph (D)—
by striking clause (ii); and
in clause (iii)(II)—
in item (aa), by striking ; and
and inserting a period; and
by striking item (bb);
by striking subparagraph (E); and
by striking subparagraph (F);
in paragraph (3)—
by striking the comma at the end of subparagraph (A) and inserting ; and
; and
by striking subparagraph (B); and
by striking paragraph (5); and
in subsection (c)—
in paragraph (1)(A), by striking (determined in accordance with test procedures prescribed under section 323)
each place it appears;
by striking paragraph (2)(C); and
in paragraph (8)(A), by striking in accordance with test procedures prescribed under section 323
and inserting in accordance with generally accepted industry testing procedures
.
Energy conservation standards
Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is repealed.
Requirements of manufacturers
Section 326 of the Energy Policy and Conservation Act (42 U.S.C. 6296) is amended—
in subsection (b)—
by striking paragraph (3)(A);
in paragraph (4), by striking in accordance with the test procedures applicable to such product under section 323
and inserting in accordance with generally accepted industry testing procedures
; and
in paragraph (5), by striking 323, 324, or 325
and inserting 324
; and
in subsection (d)—
by striking and the economic impact of any proposed energy conservation standard
; and
by striking test procedures, labeling rules, and energy conservation standards
and inserting labeling rules
.
Effect on other law
Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended by striking subsections (a) through (f) and inserting the following:
Prohibition on energy conservation standards
No State or Federal agency may adopt or continue in effect any requirement to comply with a standard for energy conservation or water efficiency with respect to a product.
.
Prohibited acts
Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended—
in paragraph (4), by striking the semicolon and inserting ; or
;
by striking paragraphs (5), (6), and (7); and
in paragraph (8)(D), by striking described in section 325(e)(6)(A)(ii)(V)
.
Enforcement
Section 333 of the Energy Policy and Conservation Act (42 U.S.C. 6303) is amended—
in subsection (a)—
by striking or violations of paragraph (5), (6), (7), or (8)
and inserting a violation of paragraph (8)
; and
by striking Each violation of paragraph (1), (2), (5), (6), (7), or (8)
and inserting Each violation of paragraph (1), (2), or (8)
; and
by striking subsection (c).
Injunctive enforcement
Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended—
in the first sentence, by striking or 325
;
in the second sentence, by striking (5), (6), (7), or
; and
by striking the third sentence.
Citizen suits
Section 335(a) of the Energy Policy and Conservation Act (42 U.S.C. 6305(a)) is amended—
in paragraph (1), by striking the semicolon at the end and inserting ; or
;
in paragraph (2), by striking ; or
and inserting a period;
by striking paragraph (3); and
in the matter following paragraph (3), by striking the second and third sentences.
Administrative procedure and judicial review
Section 336 of the Energy Policy and Conservation Act (42 U.S.C. 6306) is amended—
in subsection (a)—
in paragraph (1), by striking 323, 324, 325, 327, or 328
and inserting 324 or 328
; and
by striking paragraph (2);
in subsection (b), by striking section 323, 324, or 325
each place it appears and inserting 324
; and
by striking subsection (c).
Consumer education
Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 6307) is amended by striking subsection (b).
Certain industrial equipment
Part C of title III of the Energy Policy and Conservation Act (42 U.S.C. 6311 et seq.) is repealed.
