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)(A) 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; or
        (B) in the case of any portion of any regulation that
      establishes requirements for general service incandescent lamps,
      intermediate base incandescent lamps, or candelabra base lamps,
      was enacted or adopted by the State of California or Nevada
      before December 4, 2007, except that - 
          (i) the regulation adopted by the California Energy
        Commission with an effective date of January 1, 2008, shall
        only be effective until the effective date of the Federal
        standard for the applicable lamp category under subparagraphs
        (A), (B), and (C) of section 6295(i)(1) of this title;
          (ii) the States of California and Nevada may, at any time,
        modify or adopt a State standard for general service lamps to
        conform with Federal standards with effective dates no earlier
        than 12 months prior to the Federal effective dates prescribed
        under subparagraphs (A), (B), and (C) of section 6295(i)(1) of
        this title, at which time any prior regulations adopted by the
        State of California or Nevada shall no longer be effective; and
          (iii) all other States may, at any time, modify or adopt a
        State standard for general service lamps to conform with
        Federal standards and effective dates.

        (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"; and
        (9) is a regulation concerning metal halide lamp fixtures
      adopted by the California Energy Commission on or before January
      1, 2011, except that - 
          (A) if the Secretary fails to issue a final rule within 180
        days after the deadlines for rulemakings in section 6295(hh) of
        this title, notwithstanding any other provision of this
        section, preemption shall not apply to a regulation concerning
        metal halide lamp fixtures adopted by the California Energy
        Commission - 
            (i) on or before July 1, 2015, if the Secretary fails to
          meet the deadline specified in section 6295(hh)(2) of this
          title; or
            (ii) on or before July 1, 2022, if the Secretary fails to
          meet the deadline specified in section 6295(hh)(3) of this
          title.
    (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.