or more stringent than the State regulation is re-
quired. 
‘‘(i) NO PREEMPTION ABSENT A FEDERAL STAND-
ARD.— 
‘‘(1) APPLICATION.—Notwithstanding any other 
provision of this part, a State regulation concerning 
the energy efficiency, energy use, or water use of a 
covered product is not superseded by the provisions 
of this part if the State applies to any product not 
subject to an energy conservation standard estab-
lished under section 325. 
‘‘(2) COMPLIANCE
PERIOD.—Notwithstanding 
any other provision of this part, any State regulation 
prescribed or enacted for a covered product before 
the date on which an energy conservation standard 
is established under section 325 for the covered 
product shall not be preempted until the date on 
which compliance with an energy conservation stand-
ard that is established under section 325 and that 
is equivalent to, or more stringent than, the require-
ments of the State is required.’’. 
(2) ASHRAE PRODUCTS.—Section 345(b)(2) of 
the Energy Policy and Conservation Act (42 U.S.C. 
6316(b)(2)) is amended by adding at the end the 
following: 
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‘‘(E) Notwithstanding subparagraph (A), a 
standard prescribed or established under section 
342(a) shall not supersede any State or local 
regulation concerning the energy efficiency or 
energy use of a product for which the standard 
is prescribed or established during any period 
that— 
‘‘(i) begins on the date that is 8 years 
after the date on which such standard is 
prescribed or established; and 
‘‘(ii) ends on the effective date of a 
standard prescribed or established after 
the date described in clause (i) under sec-
tion 342(a) for the product, that is equiva-
lent to, or more stringent than, the State 
or local regulation.’’. 
(b) BUILDING CODES.— 
(1) IN GENERAL.—Section 327(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6297(f)) is 
amended to read as follows: 
‘‘(f) EXCEPTION FOR CERTAIN BUILDING CODE RE-
QUIREMENTS.— 
‘‘(1) IN GENERAL.—A regulation or other re-
quirement that is contained in a State or local build-
ing code for new construction concerning the energy 
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efficiency or energy use of a covered product is not 
superseded by this part if the regulation or other re-
quirement concerning the energy efficiency or energy 
use of the covered product is more stringent than 
the corresponding Federal energy conservation 
standard. 
‘‘(2) NEW
CONSTRUCTION.—For purposes of 
this subsection, the term ‘new construction’ in-
cludes— 
‘‘(A) new buildings and their systems; and 
‘‘(B) new portions of buildings and their 
systems.’’. 
(2) CONFORMING AMENDMENTS.—Section 327 
of the Energy Policy and Conservation Act (42 
U.S.C. 6297) is amended— 
(A) in subsection (b), by striking para-
graph (3); and 
(B) in subsection (c), by striking para-
graph (3). 
(3) 
ASHRAE 
PRODUCTS.—Section 
345(b)(2)(B) of the Energy Policy and Conservation 
Act (42 U.S.C. 6316(b)(2)(B)) is amended by strik-
ing ‘‘new construction’’ and all that follows through 
the end and inserting ‘‘new construction.’’. 
Æ 
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