42 U.S.C. § 6297 : US Code - Section 6297: Effect on other law

Search 42 U.S.C. § 6297 : US Code - Section 6297: Effect on other law

(a) Preemption of testing and labeling requirements
(1) Effective on March 17, 1987, this part supersedes any State
regulation insofar as such State regulation provides at any time
for the disclosure of information with respect to any measure of
energy consumption or water use of any covered product if - 
(A) such State regulation requires testing or the use of any
measure of energy consumption, water use, or energy descriptor in
any manner other than that provided under section 6293 of this
title; or
(B) such State regulation requires disclosure of information
with respect to the energy use, energy efficiency, or water use
of any covered product other than information required under
section 6294 of this title.
(2) For purposes of this section, the following definitions
apply:
(A) The term "State regulation" means a law, regulation, or
other requirement of a State or its political subdivisions. With
respect to showerheads, faucets, water closets, and urinals, such
term shall also mean a law, regulation, or other requirement of a
river basin commission that has jurisdiction within a State.
(B) The term "river basin commission" means - 
(i) a commission established by interstate compact to
apportion, store, regulate, or otherwise manage or coordinate
the management of the waters of a river basin; and
(ii) a commission established under section 1962b(a) of this
title.
(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 established under section 6295 of
this title for any covered product, no State regulation, or
revision thereof, concerning the energy efficiency, energy use, or
water use of the covered product shall be effective with respect to
such covered product, unless the State regulation or revision - 
(1) 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, 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,
flow rate requirements for showerheads or faucets, or water use
requirements for water closets or urinals, was prescribed or
enacted before October 24, 1992;
(2) is a State procurement regulation described in subsection
(e) of this section;
(3) is a regulation described in subsection (f)(1) of this
section or is prescribed or enacted in a building code for new
construction described in subsection (f)(2) of this section;
(4) is a regulation prohibiting the use in pool heaters of a
constant burning pilot, 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, 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;
(5) is a regulation described in subsection (d)(5)(B) of this
section for which a waiver has been granted under subsection (d)
of this section;
(6) is a regulation effective on or after January 1, 1992,
concerning the energy efficiency or energy use of television
sets; or
(7) is a regulation (or portion thereof) concerning the water
efficiency or water use of low consumption flushometer valve
water closets.
(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,
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 and
effective on the effective date of an energy conservation standard
established in or prescribed under section 6295 of this title for
any covered product, no State regulation concerning the energy
efficiency, energy use, or water use of such covered product shall
be effective with respect to such product unless the regulation - 
(1) is a regulation described in paragraph (2) or (4) of
subsection (b) of this section, 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,
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;
(2) is a regulation which has been granted a waiver under
subsection (d) of this section;
(3) is in a building code for new construction described in
subsection (f)(3) of this section;
(4) is a regulation concerning the water use of lavatory
faucets adopted by the State of New York or the State of Georgia
before October 24, 1992;
(5) is a regulation concerning the water use of lavatory or
kitchen faucets adopted by the State of Rhode Island prior to
October 24, 1992;
(6) is a regulation (or portion thereof) concerning the water
efficiency or water use of gravity tank-type low consumption
water closets 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 adopted by the California Energy Commission
before January 1, 2005; or
(B) is an amendment to a regulation described in subparagraph
(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 adopted by the California Energy Commission before
January 1, 2005; or
(B) is an amendment to a regulation described in subparagraph
(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".
(d) Waiver of Federal preemption
(1)(A) Any State or river basin commission with a State
regulation which provides for any energy conservation standard or
other requirement with respect to energy use, energy efficiency, or
water use for any type (or class) of covered product for which
there is a Federal energy conservation standard under section 6295
of this title may file a petition with the Secretary requesting a
rule that such State regulation become effective with respect to
such covered product.
(B) Subject to paragraphs (2) through (5), the Secretary shall,
within the period described in paragraph (2) and after
consideration of the petition and the comments of interested
persons, prescribe such rule if the Secretary finds (and publishes
such finding) that the State or river basin commission has
established by a preponderance of the evidence that such State
regulation is needed to meet unusual and compelling State or local
energy or water interests.
(C) For purposes of this subsection, the term "unusual and
compelling State or local energy or water interests" means
interests which - 
(i) are substantially different in nature or magnitude than
those prevailing in the United States generally; and
(ii) are such that the costs, benefits, burdens, and
reliability of energy or water savings resulting from the State
regulation make such regulation preferable or necessary when
measured against the costs, benefits, burdens, and reliability of
alternative approaches to energy or water savings or production,
including reliance on reasonably predictable market-induced
improvements in efficiency of all products subject to the State
regulation.
The factors described in clause (ii) shall be evaluated within the
context of the State's energy plan and forecast, 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.
(2) The Secretary shall give notice of any petition filed under
paragraph (1)(A) and afford interested persons a reasonable
opportunity to make written comments, including rebuttal comments,
thereon. The Secretary 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 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 shall publish in the Federal Register
notice of, and the reasons for, such denial.
(3) The Secretary may not prescribe a rule under this subsection
if the Secretary finds (and publishes such finding) that interested
persons have established, by a preponderance of the evidence, that
such State regulation will significantly burden manufacturing,
marketing, distribution, sale, or servicing of the covered product
on a national basis. In determining whether to make such finding,
the Secretary shall evaluate all relevant factors, including - 
(A) the extent to which the State regulation will increase
manufacturing or distribution costs of manufacturers,
distributors, and others;
(B) the extent to which the State regulation will disadvantage
smaller manufacturers, distributors, or dealers or lessen
competition in the sale of the covered product in the State;
(C) the extent to which the State regulation would cause a
burden to manufacturers to redesign and produce the covered
product 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 and within the United States; or
(ii) in the current or projected sales volume of the covered
product type (or class) in the State and the United States; and
(D) the extent to which the State regulation is likely to
contribute significantly to a proliferation of State appliance
efficiency requirements and the cumulative impact such
requirements would have.
(4) The Secretary may not prescribe a rule under this subsection
if the Secretary finds (and publishes such finding) that interested
persons have established, by a preponderance of the evidence, that
the State regulation is likely to result in the unavailability in
the State of any covered product 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 at the time of the Secretary's
finding, except that the failure of some classes (or types) to meet
this criterion shall not affect the Secretary's determination of
whether to prescribe a rule for other classes (or types).
(5) No final rule prescribed by the Secretary under this
subsection may - 
(A) permit any State regulation to become effective with
respect to any covered product manufactured within three years
after such rule is published in the Federal Register or within
five years if the Secretary finds that such additional time is
necessary due to the substantial burdens of retooling, redesign,
or distribution needed to comply with the State regulation; or
(B) become effective with respect to a covered product
manufactured before the earliest possible effective date
specified in section 6295 of this title for the initial amendment
of the energy conservation standard established in such section
for the covered product; except that such rule may become
effective before such date if the Secretary finds (and publishes
such finding) that, in addition to the other requirements of this
subsection the State has established, by a preponderance of the
evidence, that - 
(i) there exists within the State an energy emergency
condition or, if the State regulation provides for an energy
conservation standard or other requirement with respect to the
water use of a covered product for which there is a Federal
energy conservation standard under subsection (j) or (k) of
section 6295 of this title, a water emergency condition, 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 or, in the case of a water emergency
condition, water or wastewater treatment, to its residents at
less than prohibitive costs; and
(II) cannot be substantially alleviated by the importation
of energy or, in the case of a water emergency condition, by
the importation of water, or by the use of interconnection
agreements; and
(ii) the State regulation is necessary to alleviate
substantially such condition.
(6) In any case in which a State is issued a rule under paragraph
(1) with respect to a covered product and subsequently a Federal
energy conservation standard concerning such product is amended
pursuant to section 6295 of this title, any person subject to such
State regulation may file a petition with the Secretary requesting
the Secretary to withdraw the rule issued under paragraph (1) with
respect to such product in such State. The Secretary shall consider
such petition in accordance with the requirements of paragraphs
(1), (3), and (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 under paragraph (1) should be withdrawn as a
result of the amendment to the Federal standard. If the Secretary
determines that the petitioner has shown that the rule issued by
the State should be so withdrawn, the Secretary shall withdraw it.
(e) Exception for certain State procurement standards
Any State regulation which sets forth procurement standards for a
State (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.
(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 or local
building code for new construction concerning the energy efficiency
or energy use of a covered product is not superseded by this part
until the effective date of the energy conservation standard
established in or prescribed under section 6295 of this title for
such covered product.
(2) A regulation or other requirement, or revision thereof,
enacted or prescribed on or after January 8, 1987, that is
contained in a State or local building code for new construction
concerning the energy efficiency or energy use of a covered product
is not superseded by this part until the effective date of the
energy conservation standard established in or prescribed under
section 6295 of this title for such covered product if the code
does not require that the energy efficiency of such covered product
exceed - 
(A) the applicable minimum efficiency requirement in a national
voluntary consensus standard; or
(B) the minimum energy efficiency level in a regulation or
other requirement of the State meeting the requirements of
subsection (b)(1) or (b)(5) of this section,
whichever is higher.
(3) Effective on the effective date of an energy conservation
standard for a covered product established in or prescribed under
section 6295 of this title, a regulation or other requirement
contained in a State or local building code for new construction
concerning the energy efficiency or energy use of such covered
product 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 consumption or
conservation objective for a building by selecting items whose
combined energy efficiencies meet the objective.
(B) The code does not require that the covered product have an
energy efficiency exceeding the applicable energy conservation
standard established in or prescribed under section 6295 of this
title, except that the required efficiency may exceed such
standard up to the level required by a regulation of that State
for which the Secretary has issued a rule granting a waiver under
subsection (d) of this section.
(C) The credit to the energy consumption or conservation
objective allowed by the code for installing covered products
having energy efficiencies exceeding such energy conservation
standard established in or prescribed under section 6295 of this
title or the efficiency level required in a State regulation
referred to in subparagraph (B) is on a one-for-one equivalent
energy use or equivalent cost basis.
(D) If the code uses one or more baseline building designs
against which all submitted building designs are to be evaluated
and such baseline building designs contain a covered product
subject to an energy conservation standard established in or
prescribed under section 6295 of this title, the baseline
building designs are based on the efficiency level for such
covered product which meets but does not exceed such standard or
the efficiency level required by a regulation of that State for
which the Secretary has issued a rule granting a waiver under
subsection (d) of this section.
(E) If the code sets forth one or more optional combinations of
items which meet the energy consumption or conservation
objective, for every combination which includes a covered product
the efficiency of which exceeds either standard or level referred
to in subparagraph (D), there also shall be at least one
combination which includes such covered product the efficiency 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 the efficiency of which meets but does not exceed
such standard.
(F) The energy consumption or conservation objective is
specified in terms of an estimated total consumption of energy
(which may be calculated from energy loss- or gain-based codes)
utilizing an equivalent amount of energy (which may be specified
in units of energy or its equivalent cost).
(G) The estimated energy use of any covered product 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, except that the State may permit the
estimated energy use 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 or other technically
accurate documented procedure.
(4)(A) Subject to subparagraph (B), a State or local government
is not required to submit a petition to the Secretary 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 with efficiencies exceeding both the applicable Federal
standard established in or prescribed under section 6295 of this
title and the applicable standard of such State, if any, that has
been granted a waiver under subsection (d) of this section, such
requirement of the building code shall not be applicable unless the
Secretary has granted a waiver for such requirement under
subsection (d) of this section.
(g) No warranty
Any disclosure with respect to energy use, energy efficiency, or
estimated annual operating cost which is required to be made under
the provisions of this part shall not create an express or implied
warranty under State or Federal law that such energy efficiency
will be achieved or that such energy use or estimated annual
operating cost will not be exceeded under conditions of actual use.