I

105TH CONGRESS

1ST SESSION H. R. 859

To amend the Energy Policy and Conservation Act to eliminate certain

regulation of plumbing supplies.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 27, 1997

Mr. KNOLLENBERG 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 amend5 ed—

6 (1) in section 2 (42 U.S.C. 6201)—

7 (A) by inserting ‘‘and’’ at the end of para8 graph (6);
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1 (B) by striking ‘‘; and’’ at the end of para2 graph (7) and inserting in lieu thereof a period;

3 and

4 (C) by striking paragraph (8);

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

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

7 showerheads, faucets, water closets, and uri8 nals, water’’ in paragraph (1)(A);

9 (B) by striking ‘‘incandescent reflector

10 lamps, showerheads, faucets, water closets, and

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

12 thereof ‘‘and incandescent reflector lamps’’;

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

14 showerheads, faucets, water closets, and uri15 nals, water use,’’ in paragraph (6)(A);

16 (D) by striking ‘‘(15), (16), (17),’’ in para17 graph (6)(B);

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

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

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

21 showerheads, faucets, water closets, and uri22 nals, the aggregate retail cost of water and

23 wastewater treatment services likely to be in24 curred annually,’’ in paragraph (7);
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1 (G) by inserting at the end of paragraph

2 (30) the following new subparagraph:

3 ‘‘(T) The term ‘ANSI’ means the Amer4 ican National Standards Institute.’’; and

5 (H) by striking paragraph (31);

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

7 (A) by striking paragraphs (15) through

8 (18); and

9 (B) by redesignating paragraph (19) as

10 paragraph (15);

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

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

13 showerheads, faucets, water closets, and uri14 nals),’’ in subsection (b)(3);

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

16 showerheads, faucets, water closets, or urinals,

17 water use’’ in subsection (b)(4);

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

19 showerheads, faucets, water closets, or urinals,

20 representative average unit costs of water and

21 wastewater treatment service resulting from the

22 operation of such products during such cycle’’

23 in subsection (b)(4);

24 (D) by striking ‘‘, water, and wastewater

25 treatment’’ in subsection (b)(4);
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1 (E) by striking paragraphs (7) and (8) of

2 subsection (b);

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

4 showerheads, faucets, water closets, and uri5 nals, water use’’ in subsection (c)(1);

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

7 showerheads, faucets, water closets, and uri8 nals, water use’’ in subsection (c)(2);

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

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

11 inserting in lieu thereof ‘‘or measured energy

12 use’’; and

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

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

15 of subsection (e) and inserting in lieu thereof

16 ‘‘or energy use’’;

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

18 (A) by striking ‘‘325(j)’’ in subsection

19 (a)(2)(C)(ii) and inserting in lieu thereof

20 ‘‘325(i)’’;

21 (B) by striking subparagraphs (D) and (E)

22 of subsection (a)(2);

23 (C) by striking ‘‘(19)’’ each place it ap24 pears in subsection (a)(3) and subsection (b)

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

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

3 thereof ‘‘paragraph’’;

4 (E) 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 (F) 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;
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1 (L) by striking ‘‘, and as applicable,

2 water,’’ in subsection (m)(2)(B)(iii), as so re3 designated by subparagraph (C) of this para4 graph;

5 (M) by striking ‘‘, in the case of

6 showerheads, faucets, water closets, or urinals,

7 water, or’’ in subsection (m)(3)(B), as so redes8 ignated by subparagraph (C) of this paragraph;

9 and

10 (N) by striking ‘‘(o)’’ both places it ap11 pears in subsection (n)(3)(A), as so redesig12 nated by subparagraph (C) of this paragraph,

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

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

15 (A) by striking ‘‘or water use’’ in sub16 section (b)(4); and

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

18 case of showerheads, faucets, water closets, and

19 urinals, water use’’ in subsection (d)(1) and in20 serting in lieu thereof ‘‘or energy use’’;

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

22 (A) by striking ‘‘consumption or water

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

24 thereof ‘‘consumption’’;
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1 (B) by striking ‘‘, water use,’’ in sub2 section (a)(1)(A);

3 (C) by striking ‘‘, energy efficiency, or

4 water use’’ each place it appears in subsection

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

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

7 thereof ‘‘or energy efficiency’’;

8 (D) by amending paragraph (2) of sub9 section (a) to read as follows:

10 ‘‘(2) For purposes of this section, the term ‘State reg11 ulation’ means a law, regulation, or other requirement of

12 a State or its political subdivisions.’’;

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

14 showerheads or faucets, or water use require15 ments for water closets or urinals,’’ in sub16 section (b)(1);

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

18 portion thereof) regulating showerheads’’ and

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

20 in subsection (b)(4);

21 (G) by inserting ‘‘or’’ at the end of para22 graph (5) of subsection (b);

23 (H) by striking ‘‘; or’’ at the end of para24 graph (6) of subsection (b) and inserting in lieu

25 thereof a period;
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1 (I) by striking paragraph (7) of subsection

2 (b);

3 (J) by striking ‘‘subparagraphs (B) and

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

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

6 (K) by inserting ‘‘or’’ at the end of para7 graph (2) of subsection (c);

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

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

10 lieu thereof a period;

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

12 (6) of subsection (c);

13 (N) by striking ‘‘or river basin commis14 sion’’ each place it appears in subsection

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

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

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

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

19 State’’ and all that follows through ‘‘water sup20 ply development’’ in subsection (d)(1)(C);

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

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

23 subsection (d)(5)(B)(i);
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1 (R) by striking ‘‘or, in the case of a water

2 emergency condition, water or wastewater treat3 ment,’’ in subsection (d)(5)(B)(i)(I); and

4 (S) by striking ‘‘or, in the case of a water

5 emergency condition, by the importation of

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

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

8 by striking ‘‘325(k)’’ and inserting in lieu thereof

9 ‘‘325(l)’’; and

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

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

12 (B) by striking subsection (b).

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