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Union Calendar No. 357 

118TH CONGRESS 

2D SESSION H. R. 6192 

[Report No. 118–432] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2023 

Mrs. LESKO introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

MARCH 26, 2024 

Additional sponsors: Mrs. MILLER of West Virginia, Mrs. HARSHBARGER, 

Mrs. MILLER of Illinois, Mr. ALLEN, Mr. BERGMAN, Mr. ALFORD, Mr. 

JACKSON of Texas, Mr. LAHOOD, Ms. VAN DUYNE, and Mr. WEBER of 

Texas 

MARCH 26, 2024 

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 November 2, 2023] 


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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. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hands Off Our Home 

5 Appliances Act’’. 

6 SEC. 2. PRESCRIBING NEW OR AMENDED ENERGY CON7 SERVATION STANDARDS. 

8 (a) AMENDMENT OF STANDARDS.— 

9 (1) IN GENERAL.—Section 325(m)(1) of the En10 ergy Policy and Conservation Act (42 U.S.C. 

11 6295(m)(1)) is amended to read as follows: 

12 ‘‘(1) IN GENERAL.—The Secretary may, for any 

13 product, publish a notice of proposed rulemaking in14 cluding new proposed standards for such product 

15 based on the criteria established under subsection (o) 

16 and the procedures established under subsection (p).’’. 

17 (2) AMENDMENT OF STANDARD.—Section 

18 325(m)(3) of the Energy Policy and Conservation Act 

19 (42 U.S.C. 6295(m)(3)) is amended to read as follows: 

20 ‘‘(3) AMENDMENT OF STANDARD.—Not later than 

21 2 years after a notice is issued under paragraph (1), 

22 the Secretary shall publish a final rule amending the 

23 standard for the product.’’. 


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1 (b) PETITION FOR AMENDED STANDARD.—Section 

2 325(n) of the Energy Policy and Conservation Act (42 

3 U.S.C. 6295(n)) is amended— 

4 (1) in the subsection heading, by striking ‘‘AN

5 AMENDED STANDARD’’ and inserting ‘‘AMENDMENT

6 OR REVOCATION OF STANDARD’’; 

7 (2) in paragraph (1), by inserting ‘‘or revoked’’ 

8 after ‘‘should be amended’’; 

9 (3) by amending paragraph (2) to read as fol10 lows: 

11 ‘‘(2) The Secretary shall grant a petition to determine 

12 if energy conservation standards for a covered product 

13 should be amended or revoked if the Secretary finds that 

14 such petition contains evidence, assuming no other evidence 

15 were considered, that such standards— 

16 ‘‘(A) result in additional costs to consumers; 

17 ‘‘(B) do not result in significant conservation of 

18 energy or water; 

19 ‘‘(C) are not technologically feasible; and 

20 ‘‘(D) result in such covered product not being 

21 commercially available in the United States to all 

22 consumers.’’; and 

23 (4) in paragraph (4)— 


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1 (A) by striking ‘‘NEW OR AMENDED STAND2 ARDS.’’ and inserting ‘‘NEW, AMENDED, OR RE3 VOKED STANDARDS.’’; 

4 (B) by redesignating subparagraphs (A) 

5 and (B) as clauses (i) and (ii), respectively (and 

6 by conforming the margins accordingly); 

7 (C) by striking ‘‘Not later than 3 years’’ 

8 and inserting the following: 

9 ‘‘(A) Not later than 3 years’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(B) Not later than 180 days after the date 

12 of granting a petition to revoke standards, the 

13 Secretary shall publish in the Federal Register— 

14 ‘‘(i) a final rule revoking the stand15 ards; or 

16 ‘‘(ii) a determination that it is not 

17 necessary to revoke the standards. 

18 ‘‘(C) The grant of a petition by the Sec19 retary under this subsection creates no presump20 tion with respect to the Secretary’s determina21 tion of any of the criteria in a rulemaking under 

22 this section. 

23 ‘‘(D) Standards that have been revoked pur24 suant to subparagraph (B) shall be considered to 

25 be in effect for purposes of section 327.’’. 


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1 (c) CRITERIA.—Paragraphs (2) and (3) of section 

2 325(o) of the Energy Policy and Conservation Act (42 

3 U.S.C. 6295(o)) are amended to read as follows: 

4 ‘‘(2) REQUIREMENTS.— 

5 ‘‘(A) DESIGN.—Any new or amended en6 ergy conservation standard prescribed by the 

7 Secretary under this section for any type (or 

8 class) of covered product shall be designed to 

9 achieve the maximum improvement in energy ef10 ficiency, or, in the case of showerheads, faucets, 

11 water closets, or urinals, water efficiency, which 

12 the Secretary determines is technologically fea13 sible and economically justified. 

14 ‘‘(B) TEST PROCEDURES.—The Secretary 

15 may not prescribe a new or amended energy con16 servation standard under this section for a type 

17 (or class) of covered product if a test procedure 

18 has not been prescribed pursuant to section 323 

19 with respect to that type (or class) of product. 

20 ‘‘(C) SIGNIFICANT CONSERVATION.—The 

21 Secretary may not prescribe a new or amended 

22 energy conservation standard under this section 

23 for a type (or class) of covered product if the 

24 Secretary determines that the establishment and 


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1 imposition of such energy conservation standard 

2 will not result in significant conservation of— 

3 ‘‘(i) energy; or 

4 ‘‘(ii) in the case of showerheads, fau5 cets, water closets, or urinals, water. 

6 ‘‘(D) TECHNOLOGICALLY FEASIBLE AND

7 ECONOMICALLY JUSTIFIED.—The Secretary may 

8 not prescribe a new or amended energy conserva9 tion standard under this section for a type (or 

10 class) of covered product unless the Secretary de11 termines that the establishment and imposition 

12 of such energy conservation standard is techno13 logically feasible and economically justified. 

14 ‘‘(3) FACTORS FOR DETERMINATION.— 

15 ‘‘(A) ECONOMIC ANALYSIS.—Prior to pre16 scribing any new or amended energy conserva17 tion standard under this section for any type (or 

18 class) of covered product, the Secretary shall con19 duct a quantitative economic impact analysis of 

20 imposition of the energy conservation standard 

21 that determines the predicted— 

22 ‘‘(i) effects of imposition of the energy 

23 conservation standard on costs and mone24 tary benefits to consumers of the products 


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1 subject to such energy conservation stand2 ard, including— 

3 ‘‘(I) costs to low-income house4 holds; and 

5 ‘‘(II) variations in costs to con6 sumers based on differences in regions, 

7 including climatic differences; 

8 ‘‘(ii) effects of imposition of the energy 

9 conservation standard on employment; and 

10 ‘‘(iii) lifecycle costs for the covered 

11 product, including costs associated with the 

12 purchase, installation, maintenance, dis13 posal, and replacement of the covered prod14 uct. 

15 ‘‘(B) PROHIBITION ON ADDITIONAL COSTS

16 TO THE CONSUMER.—The Secretary may not de17 termine that imposition of an energy conserva18 tion standard is economically justified unless the 

19 Secretary, based on an economic analysis under 

20 subparagraph (A), determines that— 

21 ‘‘(i) imposition of such energy con22 servation standard is not likely to result in 

23 additional net costs to the consumer, includ24 ing any increase in net costs associated 

25 with the purchase, installation, mainteVerDate Sep 11 2014 21:06 Mar 26, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H6192.RH H6192

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1 nance, disposal, and replacement of the cov2 ered product; and 

3 ‘‘(ii) the monetary value of the energy 

4 savings and, as applicable, water savings, 

5 that the consumer will receive as a result of 

6 such energy conservation standard during 

7 the first 3 years after purchasing and in8 stalling a covered product complying with 

9 such energy conservation standard, as cal10 culated under the applicable test procedure, 

11 will be greater than any increased costs to 

12 the consumer of the covered product due to 

13 imposition of such energy conservation 

14 standard, including increased costs associ15 ated with the purchase, installation, main16 tenance, disposal, and replacement of the 

17 covered product. 

18 ‘‘(C) REQUIRED ENERGY OR WATER SAV19 INGS.—The Secretary may not determine that 

20 imposition of an energy conservation standard is 

21 economically justified unless the Secretary deter22 mines that compliance with such energy con23 servation standard will result in— 

24 ‘‘(i) a reduction of at least 0.3 quads 

25 of site energy over 30 years; or 


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1 ‘‘(ii) at least a 10 percent reduction in 

2 energy or water use of the covered product. 

3 ‘‘(D) CRITERIA RELATED TO PERFORM4 ANCE.—The Secretary may not determine that 

5 imposition of an energy conservation standard is 

6 economically justified unless the Secretary deter7 mines that imposition of such energy conserva8 tion standard will not result in any lessening of 

9 the utility or the performance of the applicable 

10 covered product, taking into consideration the ef11 fects of such energy conservation standard on— 

12 ‘‘(i) the compatibility of the covered 

13 product with existing systems; 

14 ‘‘(ii) the life span of the covered prod15 uct; 

16 ‘‘(iii) the operating conditions of the 

17 covered product; 

18 ‘‘(iv) the duty cycle, charging time, 

19 and run time of the covered product, as ap20 plicable; 

21 ‘‘(v) the maintenance requirements of 

22 the covered product; and 

23 ‘‘(vi) the replacement and disposal re24 quirements for the covered product. 


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1 ‘‘(E) CRITERIA RELATED TO MARKET COM2 PETITION AND PRICE DISCRIMINATION.—The Sec3 retary may not determine that imposition of an 

4 energy conservation standard is economically 

5 justified unless the Secretary determines that im6 position of the energy conservation standard is 

7 not likely to result in— 

8 ‘‘(i) any lessening of market competi9 tion; or 

10 ‘‘(ii) price discrimination. 

11 ‘‘(F) TECHNOLOGICAL INNOVATION.—The 

12 Secretary may not determine that imposition of 

13 an energy conservation standard is economically 

14 justified unless the Secretary determines that im15 position of such energy conservation standard is 

16 not likely to result in the unavailability in the 

17 United States of a type (or class) of products 

18 based on what type of fuel the product consumes. 

19 ‘‘(G) OTHER CONSIDERATIONS.—In deter20 mining whether imposition of an energy con21 servation standard is economically justified, the 

22 Secretary— 

23 ‘‘(i) shall prioritize the interests of con24 sumers; 


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1 ‘‘(ii) may not consider estimates of the 

2 social costs or social benefits associated with 

3 incremental greenhouse gas emissions; and 

4 ‘‘(iii) shall consider— 

5 ‘‘(I) the economic impact of the 

6 standard on the manufacturers and on 

7 the consumers of the products subject to 

8 such standard; 

9 ‘‘(II) the savings in operating 

10 costs throughout the estimated average 

11 life of the covered product in the type 

12 (or class) compared to any increase in 

13 the price of, or in the initial charges 

14 for, or maintenance expenses of, the 

15 covered products which are likely to re16 sult from the imposition of the stand17 ard; 

18 ‘‘(III) the total projected amount 

19 of energy, or as applicable, water, sav20 ings likely to result directly from the 

21 imposition of the standard; 

22 ‘‘(IV) the need for national energy 

23 and water conservation; and 

24 ‘‘(V) other factors the Secretary 

25 considers relevant. 


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1 ‘‘(H) REGULATORY REVIEW.— 

2 ‘‘(i) EVALUATION.—Not later than 2 years 

3 after the issuance of any final rule prescribing a 

4 new or amended energy conservation standard 

5 under this section for any type (or class) of cov6 ered product, the Secretary shall evaluate the 

7 rule to determine whether such energy conserva8 tion standard is technologically feasible and eco9 nomically justified and whether the regulatory 

10 impact analysis for such rule remains accurate. 

11 ‘‘(ii) EFFECT.—Notwithstanding any other 

12 provision of this part, if the Secretary deter13 mines, based on an evaluation under clause (i), 

14 that an energy conservation standard is not tech15 nologically feasible or economically justified— 

16 ‘‘(I) the Secretary shall publish such 

17 determination and such energy conservation 

18 standard shall have no force or effect (except 

19 that such energy conservation standard 

20 shall be considered to be in effect for pur21 poses of section 327); and 

22 ‘‘(II) the Secretary may publish a final 

23 rule amending the energy conservation 

24 standard for the type (or class) of covered 

25 product to be technologically feasible and 


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1 economically justified in accordance with 

2 this subsection, which amendment shall 

3 apply to such a product that is manufac4 tured after the date that is 2 years after 

5 publication of such final rule.’’. 

6 SEC. 3. CONFORMING AMENDMENTS. 

7 (a) REGIONAL STANDARDS.—Section 

8 325(o)(6)(D)(i)(II) of the Energy Policy and Conservation 

9 Act (42 U.S.C. 6295(o)(6)(D)(i)(II)) is amended by striking 

10 ‘‘this paragraph’’ and inserting ‘‘this subsection’’. 

11 (b) PROCEDURE FOR PRESCRIBING NEW OR AMENDED

12 STANDARDS.—Section 325(p)(2)(A) of the Energy Policy 

13 and Conservation Act (42 U.S.C. 6295(p)(2)(A)) is amend14 ed by striking ‘‘taking into account those factors which the 

15 Secretary must consider under subsection (o)(2)’’ and in16 serting ‘‘as determined in accordance with subsection (o)’’. 

17 (c) ENERGY CONSERVATION STANDARDS FOR HIGH18 INTENSITY DISCHARGE LAMPS, DISTRIBUTION TRANS19 FORMERS, AND SMALL ELECTRIC MOTORS.—Section 346 of 

20 the Energy Policy and Conservation Act (42 U.S.C. 6317) 

21 is amended by striking subsection (c). 


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Union Calendar No. 357 

118TH CONGRESS 

2D SESSION H. R. 6192 

[Report No. 118–432] 

A BILL 

To amend the Energy Policy and Conservation Act 

purposes. feasible and economically justified, and for other standard for a product that is not technologically scribing any new or amended energy conservation to prohibit the Secretary of Energy from preMARCH 26, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


ssavage on LAPJG3WLY3PROD with BILLS