I 
117TH CONGRESS 
1ST SESSION H. R. 1326 
To strengthen the Department of Energy’s appliance energy efficiency stand-
ards program and promote further energy efficiency gains, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2021 
Ms. BROWNLEY introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To strengthen the Department of Energy’s appliance energy 
efficiency standards program and promote further energy 
efficiency gains, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy Efficient Appli-
ances Act’’. 
SEC. 2. REPEALS. 
(a) PROCEDURES FOR USE IN NEW OR REVISED EN-
ERGY CONSERVATION STANDARDS
AND TEST PROCE-
DURES.—The final rule titled ‘‘Energy Conservation Pro-
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gram for Appliance Standards: Procedures for Use in New 
or Revised Energy Conservation Standards and Test Pro-
cedures for Consumer Products and Commercial/Indus-
trial Equipment’’ (published at 85 Fed. Reg. 8626 (Feb-
ruary 14, 2020)) shall have no force or effect and shall 
be treated as if such rule had never been issued. 
(b) PROCEDURES
FOR
EVALUATING
STATUTORY 
FACTORS.—The final rule titled ‘‘Energy Conservation 
Program for Appliance Standards: Procedures for Evalu-
ating Statutory Factors for Use in New or Revised Energy 
Conservation Standards’’ (published at 85 Fed. Reg. 
50937 (August 19, 2020)) shall have no force or effect 
and shall be treated as if such rule had never been issued. 
SEC. 3. MULTIPLE METRICS. 
Section 321(6) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6291(6)) is amended to read as fol-
lows: 
‘‘(6) ENERGY CONSERVATION STANDARD.— 
‘‘(A) IN GENERAL.—The term ‘energy con-
servation standard’ means, with respect to a 
product, 1 or more performance standards that 
prescribe— 
‘‘(i) a minimum level of energy effi-
ciency or a maximum quantity of energy 
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use, determined in accordance with test 
procedures prescribed under section 323; 
‘‘(ii) a minimum level of water effi-
ciency or a maximum quantity of water 
use, determined in accordance with test 
procedures prescribed under section 323; 
or 
‘‘(iii) both (i) and (ii). 
‘‘(B) INCLUSIONS.—The term ‘energy con-
servation standard’ includes— 
‘‘(i) 1 or more design requirements; 
and 
‘‘(ii) any other requirements that the 
Secretary may prescribe under section 
325(r).’’. 
SEC. 4. EXPANDING THE POOL OF COVERED PRODUCTS. 
(a) LOWERING ENERGY THRESHOLD LEVELS FOR 
CONSUMER PRODUCTS.— 
(1) SPECIAL
CLASSIFICATION
OF
CONSUMER 
PRODUCT.—Section 322(b)(1)(B) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6292(b)(1)(B)) 
is amended by striking ‘‘exceed 100’’ and inserting 
‘‘exceed 75’’. 
(2) STANDARDS FOR OTHER COVERED PROD-
UCTS.—Section 325(l)(1)(A) of the Energy Policy 
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and Conservation Act (42 U.S.C. 6295(l)(1)(A)) is 
amended by striking ‘‘exceeded 150’’ and inserting 
‘‘exceeded 75’’. 
(b) INDUSTRIAL EQUIPMENT.—Section 340(2)(B) of 
the Energy Policy and Conservation Act (42 U.S.C. 
6311(2)(B)) is amended— 
(1) in clause (xii), by striking ‘‘and’’; and 
(2) by striking clause (xiii) and inserting the 
following: 
‘‘(xiii) other motors; and 
‘‘(xiv) other types of equipment for which the 
Secretary determines that— 
‘‘(I) classifying equipment of such type as 
industrial equipment is necessary or appro-
priate to carry out the purposes of this part; 
and 
‘‘(II) average annual energy use by equip-
ment of such type nationwide is likely to exceed 
3,000,000,000 kilowatt-hours (or its Btu equiv-
alent) per year.’’. 
SEC. 5. REDUCING LEAD TIMES. 
(a) STANDARDS FOR OTHER COVERED PRODUCTS.— 
Section 325(l)(2) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(l)(2)) is amended to read as follows: 
‘‘(2) APPLICABILITY.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), any new or amended stand-
ard for covered products of a type specified in 
paragraph (20) of section 322(a) shall apply to 
products manufactured after the date that is 3 
years after the publication of the final rule es-
tablishing such standard. 
‘‘(B) OTHER
APPLICABILITY.—The Sec-
retary may, in prescribing a new or amended 
standard for covered products of a type speci-
fied in paragraph (20) of section 322(a), re-
quire that such standard apply to products 
manufactured not earlier than 1 year after pub-
lication of the final rule establishing such 
standard and not later than 3 years after such 
publication.’’. 
(b) PRODUCTS RECEIVING UPDATED RULES.— 
(1) AMENDED STANDARDS.—Paragraph (4) of 
section 325(m) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295(m)(4)) is amended— 
(A) in subparagraph (A)— 
(i) the matter preceding clause (i), by 
inserting ‘‘and subparagraph (C)’’ after 
‘‘subparagraph (B)’’; and 
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(ii) in clause (ii), by striking ‘‘5 
years’’ and inserting ‘‘3 years’’; and 
(B) by adding at the end the following sub-
paragraph: 
‘‘(C) OTHER
APPLICABILITY.—The Sec-
retary may, in prescribing an amended stand-
ard under this subsection, require that such 
amended standard apply to products manufac-
tured not earlier than 1 year after publication 
of the final rule establishing such amended 
standard and not later than 3 years after such 
publication.’’. 
(2) AMENDED
STANDARDS
RESULTING
FROM 
PETITION.—Paragraph (5) of section 325(n) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6295(n)) is amended to read as follows: 
‘‘(5) APPLICABILITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an amended standard pre-
scribed under this subsection shall apply to 
products manufactured after the date that is 3 
years after the publication of the final rule es-
tablishing the amended standard. 
‘‘(B) OTHER
APPLICABILITY.—The Sec-
retary may, in prescribing an amended stand-
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ard under this subsection, require that such 
amended standard apply to products manufac-
tured not earlier than 1 year after publication 
of the final rule establishing such amended 
standard and not later than 3 years after such 
publication.’’. 
(c) AUTHORIZATION
FOR MULTIPLE STANDARDS 
UNDER ONE RULEMAKING.—Section 325(o) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6295) is 
amended— 
(1) by redesignating paragraph (6) as para-
graph (7); and 
(2) by adding after paragraph (5) the following: 
‘‘(6) MULTIPLE STANDARDS.—Notwithstanding 
subsection (m)(4)(B), in any rulemaking to prescribe 
a new or amended energy conservation standard for 
a covered product, or class of covered products, the 
Secretary may prescribe more than one such stand-
ard for such covered product, or class of covered 
products, provided— 
‘‘(A) the less stringent standard prescribed 
shall apply to any such covered product, or 
class of covered products, manufactured not 
earlier than 1 year after publication of the final 
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rule prescribing such standards and not later 
than 3 years after such publication; and 
‘‘(B) the more stringent standard pre-
scribed shall apply to any such covered product, 
or class of covered products, manufactured not 
later than 6 years after such publication.’’. 
SEC. 6. EXEMPTION FROM PREEMPTION. 
(a) REMOVING BARRIERS TO EFFICIENCY.— 
(1) IN GENERAL.—Section 327 of the Energy 
Policy and Conservation Act (42 U.S.C. 6297) is 
amended by adding at the end the following: 
‘‘(h) SUSPENSION OF PREEMPTION.—A State regula-
tion concerning the energy efficiency, energy use, or water 
use of a covered product that would otherwise be super-
seded by the provisions of this part in accordance with 
this section shall not be superseded during any period 
that— 
‘‘(1) begins on the date that is 8 years after the 
date on which an energy conservation standard is es-
tablished or revised under section 325 for the cov-
ered product; and 
‘‘(2) ends on the date that compliance with an 
energy conservation standard that is established or 
revised under section 325 and that is equivalent to 
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