Union Calendar No. 401
119th CONGRESS 2d Session |
[Report No. 119–470]
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 economically justified, and for other purposes.
July 23, 2025
Mr. Allen introduced the following bill; which was referred to the Committee on Energy and Commerce
January 30, 2026
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 July 23, 2025]
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 economically justified, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. Prescribing new or amended energy conservation standards.
(a) Amendment of standards.—
(1) IN GENERAL.—Section 325(m)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(1)) is amended to read as follows:
(2) AMENDMENT OF STANDARD.—Section 325(m)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(3)) is amended to read as follows:
(3) APPLICATION TO PRODUCTS.—Section 325(m)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)(4)) is amended to read as follows:
(b) Petition for amended standard.—Section 325(n) of the Energy Policy and Conservation Act (42 U.S.C. 6295(n)) is amended—
(1) in the subsection heading, by striking “an amended standard” and inserting “amendment or revocation of standard”;
(3) by amending paragraph (2) to read as follows:
(4) in paragraph (4)—
(B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by conforming the margins accordingly);
(D) by adding at the end the following:
“(B) Not later than 180 days after the date of granting a petition to revoke standards, the Secretary shall publish in the Federal Register—
(5) in paragraph (5)(B), by striking “3 years (for refrigerators, refrigerator-freezers, and freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, and kitchen ranges and ovens) or 5 years (for central air conditioners and heat pumps, water heaters, pool heaters, direct heating equipment and furnaces)” and inserting “5 years”;
(c) Criteria.—Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)) is amended by amending paragraphs (2) and (3) to read as follows:
“(2) REQUIREMENTS.—
“(A) DESIGN.—Any new or amended energy conservation standard prescribed by the Secretary under this section for any type (or class) of covered product shall be designed to achieve the maximum improvement in, as applicable, energy efficiency or water efficiency, which the Secretary determines is technologically feasible and economically justified.
“(B) TEST PROCEDURES.—If the Secretary determines that a test procedure should be prescribed or amended in accordance with section 323 for a type (or class) of covered product, the Secretary may not prescribe a new or amended energy conservation standard under this section for such type (or class) of covered product unless the Secretary has prescribed or amended (and published in the Federal Register) a test procedure for such type (or class) of covered product at least 180 days before publishing a notice of proposed rulemaking with respect to the new or amended energy conservation standard.
“(C) SIGNIFICANT CONSERVATION.—The Secretary may not prescribe a new or amended energy conservation standard under this section for a type (or class) of covered product if the Secretary determines that the establishment and imposition of such energy conservation standard will not result in significant conservation of, as applicable, energy or water.
“(D) TECHNOLOGICALLY FEASIBLE AND ECONOMICALLY JUSTIFIED.—The Secretary may not prescribe a new or amended energy conservation standard under this section for a type (or class) of covered product unless the Secretary determines that the establishment and imposition of such energy conservation standard is technologically feasible and economically justified.
“(E) DISCLOSURE.—The Secretary may not prescribe a new or amended energy conservation standard under this section for a type (or class) of covered product unless the Secretary, not later than the date on which the standard is prescribed, publicly discloses each meeting held by the Secretary, during the 5-year period preceding such date, with any entity that—
“(3) FACTORS FOR DETERMINATION.—
“(A) ECONOMIC ANALYSIS.—
“(i) DETERMINATION.—Prior to prescribing any new or amended energy conservation standard under this section for any type (or class) of covered product, the Secretary shall conduct a quantitative economic impact analysis of imposition of the energy conservation standard that determines the predicted—
“(B) PROHIBITION ON ADDITIONAL COSTS TO THE CONSUMER.—The Secretary may not determine that imposition of an energy conservation standard is economically justified unless the Secretary, based on an economic analysis under subparagraph (A), determines that—
“(i) imposition of such energy conservation standard is not likely to result in additional net costs to the consumer, including any increase in net costs associated with the purchase, installation, maintenance, disposal, and replacement of the covered product; and
“(ii) the monetary value of the energy savings and, as applicable, water savings, that the consumer will receive as a result of such energy conservation standard during the first 3 years after purchasing and installing a covered product complying with such energy conservation standard, as calculated under the applicable test procedure, will be greater than any increased costs to the consumer of the covered product due to imposition of such energy conservation standard, including increased costs associated with the purchase, installation, maintenance, disposal, and replacement of the covered product.
“(C) REQUIRED ENERGY OR WATER SAVINGS.—The Secretary may not determine that imposition of an energy conservation standard is economically justified unless the Secretary determines that compliance with such energy conservation standard will result in—
“(D) CRITERIA RELATED TO PERFORMANCE.—The Secretary may not determine that imposition of an energy conservation standard is economically justified unless the Secretary determines that imposition of such energy conservation standard will not result in any lessening of the utility or the performance of the applicable covered product, taking into consideration the effects of such energy conservation standard on—
“(E) TECHNOLOGICAL INNOVATION.—The Secretary may not determine that imposition of an energy conservation standard is economically justified unless the Secretary determines that imposition of such energy conservation standard is not likely to result in the unavailability in the United States of a type (or class) of products based on what type of fuel the product consumes.
“(F) OTHER CONSIDERATIONS.—
“(i) IN GENERAL.—In determining whether imposition of an energy conservation standard is economically justified, the Secretary—
“(II) may not consider estimates of the social costs or social benefits associated with incremental greenhouse gas emissions; and
“(III) shall consider—
“(aa) the economic impact, including any regulatory burden, of the standard on the manufacturers and on the consumers of the products subject to such standard;
“(bb) the savings in operating costs, including consumer fuel costs, throughout the estimated average life of the covered product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered products which are likely to result from the imposition of the standard;
“(cc) the total projected amount of energy, or, as applicable, water, savings likely to result directly from the imposition of the standard;
“(ee) the impact of any lessening of market competition, as determined in writing by the Attorney General under clause (ii), that is likely to result from the imposition of the standard;
“(ii) ATTORNEY GENERAL DETERMINATION.—For purposes of clause (i)(III)(ee), the Attorney General shall make a determination of the impact, if any, of any lessening of market competition likely to result from such standard and shall transmit such determination, not later than 60 days after the publication of a proposed rule prescribing or amending an energy conservation standard, in writing to the Secretary, together with an analysis of the nature and extent of such impact. Any such determination and analysis shall be published by the Secretary in the Federal Register.
“(G) REGULATORY REVIEW.—
“(i) EVALUATION.—Not later than 2 years after the issuance of any final rule prescribing a new or amended energy conservation standard under this section for any type (or class) of covered product, the Secretary shall evaluate the rule to determine whether such energy conservation standard is technologically feasible and economically justified and whether the regulatory impact analysis for such rule remains accurate.
“(ii) EFFECT.—Notwithstanding any other provision of this part, if the Secretary determines, based on an evaluation under clause (i), that an energy conservation standard is not technologically feasible or economically justified—
“(I) the Secretary shall publish such determination and such energy conservation standard shall have no force or effect (except that such energy conservation standard shall be considered to be in effect for purposes of section 327); and
“(II) the Secretary may publish a final rule amending the energy conservation standard for the type (or class) of covered product to be technologically feasible and economically justified in accordance with this subsection, which amendment shall apply to such a product that is manufactured after the date that is 3 years after publication of such final rule.”.
(d) Applicability of Regional standards.—Section 325(o)(6)(E)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) is amended by striking “shall apply to any such product installed on or after the effective date of the standard in States in which the Secretary has designated the standard to apply” and inserting “shall apply, in States in which the Secretary has designated the standard to apply, to any such product that is manufactured or imported into the United States on or after the effective date of the standard”.
(e) Technical and conforming amendments.—
(1) DEFINITIONS.—
(A) CONSUMER PRODUCT.—Section 321(1)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6291(1)(A)) is amended by striking “, with respect to showerheads, faucets, water closets, and urinals, water” and inserting “water, as applicable”.
(B) ENERGY CONSERVATION STANDARD.—Section 321(6)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6291(6)(A)) is amended by striking “, or, in the case of showerheads, faucets, water closets, and urinals, water use, ” and inserting “or water use, as applicable,”.
(C) ESTIMATED ANNUAL OPERATING COST.—Section 321(7) of the Energy Policy and Conservation Act (42 U.S.C. 6291(7)) is amended by striking “in the case of showerheads, faucets, water closets, and urinals” and inserting “, as applicable”.
(2) TEST PROCEDURES.—
(A) DESIGN OF TEST PROCEDURES.—Section 323(b)(3) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(3)) is amended by striking “energy efficiency, energy use, water use (in the case of showerheads, faucets, water closets and urinals)” and inserting “, as applicable, energy efficiency, energy use, water use”.
(B) CALCULATION OF COSTS.—Section 323(b)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(4)) is amended by—
(C) RESTRICTION ON CERTAIN REPRESENTATIONS.—Section 323(c) of the Energy Policy and Conservation Act (42 U.S.C. 6293(c) is amended—
(3) CRITERIA FOR PRESCRIBING NEW OR AMENDED STANDARDS.—Section 325(o)(1) of the Energy Policy and Conservation Act is amended by striking “, or, in the case of showerheads, faucets, water closets, or urinals, ” and inserting “, or, as applicable,”.
(4) REGIONAL STANDARDS.—Section 325(o)(6)(D)(i)(II) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)(6)(D)(i)(II)) is amended by striking “this paragraph” and inserting “this subsection”.
(5) PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.—Section 325(p)(2)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6295(p)(2)(A)) is amended by striking “taking into account those factors which the Secretary must consider under subsection (o)(2)” and inserting “as determined in accordance with subsection (o)”.
(6) INFORMATION REQUIREMENTS.—Section 326(d)(1) of the Energy Policy and Conservation Act is amended by striking “or, in the case of showerheads, faucets, water closets, and urinals, ” and inserting “or, as applicable,”.
(7) ENERGY CONSERVATION STANDARDS FOR HIGH-INTENSITY DISCHARGE LAMPS, DISTRIBUTION TRANSFORMERS, AND SMALL ELECTRIC MOTORS.—Section 346 of the Energy Policy and Conservation Act (42 U.S.C. 6317) is amended by striking subsection (c).
SEC. 3. Distribution transformers.
Section 346 of the Energy Policy and Conservation Act (42 U.S.C. 6317) is amended by adding at the end the following:
“(g) No new or revised standards for distribution transformers.—
“(1) IN GENERAL.—Beginning on the date of enactment of this subsection, the Secretary may not prescribe any new or amended energy conservation standard under part B or this part for distribution transformers, including those distribution transformers for which the Secretary prescribed testing requirements under subsection (a)(1) and low-voltage dry-type distribution transformers.
SEC. 4. Dishwashers; clothes washers.
Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)) is amended—
Union Calendar No. 401 | |||||
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[Report No. 119–470] | |||||
A BILL | |||||
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 economically justified, and for other purposes. | |||||
January 30, 2026 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |