I

106TH CONGRESS

1ST SESSION H. R. 623

To amend the Energy Policy and Conservation Act to eliminate certain

regulation of plumbing supplies.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 8, 1999

Mr. KNOLLENBERG (for himself, Mr. BACHUS, Mr. BARTON of Texas, Mr.

CALLAHAN, Mr. CALVERT, Mr. CANADY of Florida, Mr. CHAMBLISS, Mr.

COX, Ms. DANNER, Mr. DELAY, Mr. DOOLITTLE, Mr. DUNCAN, Mr.

ENGLISH, Mr. EHRLICH, Mr. HANSEN, Mr. HASTINGS of Washington,

Mr. HERGER, Mr. HOEKSTRA, Mr. HUTCHINSON, Mr. JOHN, Mrs.

MYRICK, Mr. NORWOOD, Mr. PAUL, Mr. ROHRABACHER, Mr. SANDLIN,

Mr. SESSIONS, Mr. SMITH of Michigan, Mr. SOUDER, Mr. STUMP, Mr.

TRAFICANT, and Mr. UPTON) introduced the following bill; which was referred to the Committee on Commerce

A BILL

To amend the Energy Policy and Conservation Act to

eliminate certain regulation of plumbing supplies.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENTS.

4 The Energy Policy and Conservation Act is

5 amended—

6 (1) in section 2 (42 U.S.C. 6201)—
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1 (A) by inserting ‘‘and’’ at the end of para2 graph (6);

3 (B) by striking ‘‘; and’’ at the end of para4 graph (7) and inserting in lieu thereof a period;

5 and

6 (C) by striking paragraph (8);

7 (2) in section 321 (42 U.S.C. 6291)—

8 (A) by striking ‘‘or, with respect to

9 showerheads, faucets, water closets, and uri10 nals, water’’ in paragraph (1)(A);

11 (B) by striking ‘‘incandescent reflector

12 lamps, showerheads, faucets, water closets, and

13 urinals’’ in paragraph (1) and inserting in lieu

14 thereof ‘‘and incandescent reflector lamps’’;

15 (C) by striking ‘‘, or, in the case of

16 showerheads, faucets, water closets, and uri17 nals, water use,’’ in paragraph (6)(A);

18 (D) by striking ‘‘(15), (16), (17),’’ in para19 graph (6)(B);

20 (E) by striking ‘‘325(r)’’ in paragraph (6)

21 and inserting in lieu thereof ‘‘325(p)’’;

22 (F) by striking ‘‘, and in the case of

23 showerheads, faucets, water closets, and uri24 nals, the aggregate retail cost of water and
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1 wastewater treatment services likely to be in2 curred annually,’’ in paragraph (7);

3 (G) by inserting at the end of paragraph

4 (30) the following new subparagraph:

5 ‘‘(T) The term ‘ANSI’ means the Amer6 ican National Standards Institute.’’; and

7 (H) by striking paragraph (31);

8 (3) in section 322(a) (42 U.S.C. 6292(a))—

9 (A) by striking paragraphs (15) through

10 (18); and

11 (B) by redesignating paragraph (19) as

12 paragraph (15);

13 (4) in section 323 (42 U.S.C. 6293)—

14 (A) by striking ‘‘water use (in the case of

15 showerheads, faucets, water closets, and uri16 nals),’’ in subsection (b)(3);

17 (B) by striking ‘‘or, in the case of

18 showerheads, faucets, water closets, or urinals,

19 water use’’ in subsection (b)(4);

20 (C) by striking ‘‘, or in the case of

21 showerheads, faucets, water closets, or urinals,

22 representative average unit costs of water and

23 wastewater treatment service resulting from the

24 operation of such products during such cycle’’

25 in subsection (b)(4);
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1 (D) by striking ‘‘, water, and wastewater

2 treatment’’ in subsection (b)(4);

3 (E) by striking paragraphs (7) and (8) of

4 subsection (b);

5 (F) by striking ‘‘or, in the case of

6 showerheads, faucets, water closets, and uri7 nals, water use’’ in subsection (c)(1);

8 (G) by striking ‘‘or, in the case of

9 showerheads, faucets, water closets, and uri10 nals, water use’’ in subsection (c)(2);

11 (H) by striking ‘‘, measured energy use, or

12 measured water use’’ in subsection (e)(1) and

13 inserting in lieu thereof ‘‘or measured energy

14 use’’; and

15 (I) by striking ‘‘, energy use, or water use’’

16 each place it appears in paragraphs (2) and (3)

17 of subsection (e) and inserting in lieu thereof

18 ‘‘or energy use’’;

19 (5) in section 324 (42 U.S.C. 6294)—

20 (A) by striking subparagraphs (D) and (E)

21 of subsection (a)(2);

22 (B) by striking ‘‘(19)’’ each place it ap23 pears in subsection (a)(3) and subsection (b)

24 and inserting in lieu thereof ‘‘(15)’’;
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1 (C) by striking ‘‘paragraphs (15) through’’

2 in subsection (b)(1)(B) and inserting in lieu

3 thereof ‘‘paragraph’’;

4 (D) by striking ‘‘(13), (14), (15), (16),

5 (17), and (18)’’ in subsection (c)(7) and insert6 ing in lieu thereof ‘‘(13) and (14)’’; and

7 (E) by striking paragraph (8) of subsection

8 (c);

9 (6) in section 325 (42 U.S.C. 6295)—

10 (A) by striking ‘‘325(n)(1)’’ in subsection

11 (i)(6)(B) and inserting in lieu thereof

12 ‘‘325(l)(1)’’;

13 (B) by striking subsections (j) and (k);

14 (C) by redesignating subsections (l)

15 through (t) as subsections (j) through (r), re16 spectively;

17 (D) by striking ‘‘(19)’’ in paragraphs (1)

18 and (2) of subsection (j), as so redesignated by

19 subparagraph (C) of this paragraph, and insert20 ing in lieu thereof ‘‘(15)’’;

21 (E) by striking ‘‘(o) and (p)’’ in subsection

22 (j)(1), as so redesignated by subparagraph (C)

23 of this paragraph, and inserting in lieu thereof

24 ‘‘(m) and (n)’’;
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1 (F) by striking ‘‘(o) and (p)’’ in subsection

2 (j)(3), as so redesignated by subparagraph (C)

3 of this paragraph, and inserting in lieu thereof

4 ‘‘(m) and (n)’’;

5 (G) by striking ‘‘(o)(2)(B)(i)(II)’’ in sub6 section (l)(2)(C), as so redesignated by sub7 paragraph (C) of this paragraph, and inserting

8 in lieu thereof ‘‘(m)(2)(B)(i)(II)’’;

9 (H) by striking ‘‘or, in the case of

10 showerheads, faucets, water closets, or urinals,

11 water use,’’ in subsection (m)(1), as so redesig12 nated by subparagraph (C) of this paragraph;

13 (I) by striking ‘‘, or, in the case of

14 showerheads, faucets, water closets, or urinals,

15 water efficiency,’’ in subsection (m)(2)(A), as so

16 redesignated by subparagraph (C) of this para17 graph;

18 (J) by striking ‘‘, or as applicable, water,’’

19 in subsection (m)(2)(B)(i)(III), as so redesig20 nated by subparagraph (C) of this paragraph;

21 (K) by striking ‘‘and water’’ in subsection

22 (m)(2)(B)(i)(VI), as so redesignated by sub23 paragraph (C) of this paragraph;

24 (L) by striking ‘‘, and as applicable,

25 water,’’ in subsection (m)(2)(B)(iii), as so re-
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1 designated by subparagraph (C) of this para2 graph;

3 (M) by striking ‘‘, in the case of

4 showerheads, faucets, water closets, or urinals,

5 water, or’’ in subsection (m)(3)(B), as so redes6 ignated by subparagraph (C) of this paragraph;

7 and

8 (N) by striking ‘‘(o)’’ both places it ap9 pears in subsection (n)(3)(A), as so redesig10 nated by subparagraph (C) of this paragraph,

11 and inserting in lieu thereof ‘‘(m)’’;

12 (7) in section 326 (42 U.S.C. 6296)—

13 (A) by striking ‘‘or water use’’ in sub14 section (b)(4); and

15 (B) by striking ‘‘, energy use, or, in the

16 case of showerheads, faucets, water closets, and

17 urinals, water use’’ in subsection (d)(1) and in18 serting in lieu thereof ‘‘or energy use’’;

19 (8) in section 327 (42 U.S.C. 6297)—

20 (A) by striking ‘‘consumption or water

21 use’’ in subsection (a)(1) and inserting in lieu

22 thereof ‘‘consumption’’;

23 (B) by striking ‘‘, water use,’’ in sub24 section (a)(1)(A);
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1 (C) by striking ‘‘, energy efficiency, or

2 water use’’ each place it appears in subsection

3 (a)(1)(B), subsection (b), subsection (c), and

4 subsection (d)(1)(A), and inserting in lieu

5 thereof ‘‘or energy efficiency’’;

6 (D) by amending paragraph (2) of sub7 section (a) to read as follows:

8 ‘‘(2) For purposes of this section, the term ‘State reg9 ulation’ means a law, regulation, or other requirement of

10 a State or its political subdivisions.’’;

11 (E) by striking ‘‘flow rate requirements for

12 showerheads or faucets, or water use require13 ments for water closets or urinals,’’ in sub14 section (b)(1);

15 (F) by striking ‘‘, or is a regulation (or

16 portion thereof) regulating showerheads’’ and

17 all that follows through ‘‘325(k) is applicable’’

18 in subsection (b)(4);

19 (G) by inserting ‘‘or’’ at the end of para20 graph (5) of subsection (b);

21 (H) by striking ‘‘; or’’ at the end of para22 graph (6) of subsection (b) and inserting in lieu

23 thereof a period;

24 (I) by striking paragraph (7) of subsection

25 (b);
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1 (J) by striking ‘‘subparagraphs (B) and

2 (C) of section 325(j)(3), and subparagraphs (B)

3 and (C) of section 325(k)(3)’’ in subsection (c);

4 (K) by inserting ‘‘or’’ at the end of para5 graph (2) of subsection (c);

6 (L) by striking the semicolon at the end of

7 paragraph (3) of subsection (c) and inserting in

8 lieu thereof a period;

9 (M) by striking paragraphs (4), (5), and

10 (6) of subsection (c);

11 (N) by striking ‘‘or river basin commis12 sion’’ each place it appears in subsection

13 (d)(1)(A) and (B);

14 (O) by striking ‘‘or water’’ each place it

15 appears in subsection (d)(1)(B) and (C);

16 (P) by striking ‘‘, and, with respect to a

17 State’’ and all that follows through ‘‘water sup18 ply development’’ in subsection (d)(1)(C);

19 (Q) by striking ‘‘or, if the State’’ and all

20 that follows through ‘‘emergency condition,’’ in

21 subsection (d)(5)(B)(i);

22 (R) by striking ‘‘or, in the case of a water

23 emergency condition, water or wastewater treat24 ment,’’ in subsection (d)(5)(B)(i)(I); and
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1 (S) by striking ‘‘or, in the case of a water

2 emergency condition, by the importation of

3 water,’’ in subsection (d)(5)(B)(i)(II);

4 (9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)),

5 by striking ‘‘325(n)’’ and inserting in lieu thereof

6 ‘‘325(l)’’; and

7 (10) in section 337 (42 U.S.C. 6307)—

8 (A) by striking ‘‘(a) IN GENERAL.—’’; and

9 (B) by striking subsection (b).

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