Bill Sponsor
House Bill 105
116th Congress(2019-2020)
Energy Efficiency Free Market Act of 2019
Introduced
Introduced
Introduced in House on Jan 3, 2019
Overview
Text
Introduced in House 
Jan 3, 2019
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Introduced in House(Jan 3, 2019)
Jan 3, 2019
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H. R. 105 (Introduced-in-House)


116th CONGRESS
1st Session
H. R. 105


To repeal Federal energy conservation standards, and for other purposes.


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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Energy Efficiency Free Market Act of 2019”.

SEC. 2. Repeal of energy conservation standards.

(a) Definitions.—Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended—

(1) in paragraph (4), by striking “, determined in accordance with test procedures under section 323”;

(2) in paragraph (5), by striking “, determined in accordance with test procedures under section 323”;

(3) by striking paragraph (6);

(4) in paragraph (7), by striking “, determined in accordance with section 323”;

(5) by striking paragraphs (19), (20), (22), (26), and (28);

(6) in paragraph (29), by striking subparagraphs (C), (D), (E), (G), (H), (I), (J), (K), (L), (M), (N), (O), and (P);

(7) in paragraph (30), by striking subparagraphs (G), (O), (U), and (V);

(8) in paragraph (31), by striking subparagraph (H); and

(9) 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).

(b) Test procedures.—Section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) is amended—

(1) by striking subsections (a), (b), (d), (e), and (f); and

(2) in subsection (c)—

(A) 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

(B) by striking paragraphs (2) and (3).

(c) Labeling.—Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended—

(1) in subsection (a)—

(A) in paragraph (2)—

(i) in subparagraph (B), by striking “and to which standards are applicable under section 325”;

(ii) in subparagraph (C)(i), by striking “and to which standards are applicable under section 325”;

(iii) in subparagraph (D)—

(I) by striking clause (ii); and

(II) in clause (iii)(II)—

(aa) in item (aa), by striking “; and” and inserting a period; and

(bb) by striking item (bb);

(iv) by striking subparagraph (E); and

(v) by striking subparagraph (F);

(B) in paragraph (3)—

(i) by striking the comma at the end of subparagraph (A) and inserting “; and”; and

(ii) by striking subparagraph (B); and

(C) by striking paragraph (5); and

(2) in subsection (c)—

(A) in paragraph (1)(A), by striking “(determined in accordance with test procedures prescribed under section 323)” each place it appears;

(B) by striking paragraph (2)(C); and

(C) 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”.

(d) Energy conservation standards.—Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is repealed.

(e) Requirements of manufacturers.—Section 326 of the Energy Policy and Conservation Act (42 U.S.C. 6296) is amended—

(1) in subsection (b)—

(A) by striking paragraph (3)(A);

(B) 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

(C) in paragraph (5), by striking “323, 324, or 325” and inserting “324”; and

(2) in subsection (d)—

(A) by striking “and the economic impact of any proposed energy conservation standard”; and

(B) by striking “test procedures, labeling rules, and energy conservation standards” and inserting “labeling rules”.

(f) 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:

“(a) 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.”.

(g) Prohibited acts.—Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended—

(1) in paragraph (4), by striking the semicolon and inserting “; or”;

(2) by striking paragraphs (5), (6), and (7); and

(3) in paragraph (8)(D), by striking “described in section 325(e)(6)(A)(ii)(V)”.

(h) Enforcement.—Section 333 of the Energy Policy and Conservation Act (42 U.S.C. 6303) is amended—

(1) in subsection (a)—

(A) by striking “or violations of paragraph (5), (6), (7), or (8)” and inserting “a violation of paragraph (8)”; and

(B) by striking “Each violation of paragraph (1), (2), (5), (6), (7), or (8)” and inserting “Each violation of paragraph (1), (2), or (8)”; and

(2) by striking subsection (c).

(i) Injunctive enforcement.—Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended—

(1) in the first sentence, by striking “or 325”;

(2) in the second sentence, by striking “(5), (6), (7), or”; and

(3) by striking the third sentence.

(j) Citizen suits.—Section 335(a) of the Energy Policy and Conservation Act (42 U.S.C. 6305(a)) is amended—

(1) in paragraph (1), by striking the semicolon at the end and inserting “; or”;

(2) in paragraph (2), by striking “; or” and inserting a period;

(3) by striking paragraph (3); and

(4) in the matter following paragraph (3), by striking the second and third sentences.

(k) Administrative procedure and judicial review.—Section 336 of the Energy Policy and Conservation Act (42 U.S.C. 6306) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “323, 324, 325, 327, or 328” and inserting “324 or 328”; and

(B) by striking paragraph (2);

(2) in subsection (b), by striking “section 323, 324, or 325” each place it appears and inserting “324”; and

(3) by striking subsection (c).

(l) Consumer education.—Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 6307) is amended by striking subsection (b).

(m) Certain industrial equipment.—Part C of title III of the Energy Policy and Conservation Act (42 U.S.C. 6311 et seq.) is repealed.