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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS.
The Energy Policy and Conservation Act is amend-
ed—
(1) in section 2 (42 U.S.C. 6201)—
(A) by inserting ‘‘and’’ at the end of para-
graph (6);
(B) by striking ‘‘; and’’ at the end of para-
graph (7) and inserting in lieu thereof a period;
and
(C) by striking paragraph (8);
(2) in section 321 (42 U.S.C. 6291)—
(A) by striking ‘‘or, with respect to
showerheads, faucets, water closets, and uri-
nals, water’’ in paragraph (1)(A);
(B) by striking ‘‘incandescent reflector
lamps, showerheads, faucets, water closets, and
urinals’’ in paragraph (1) and inserting in lieu
thereof ‘‘and incandescent reflector lamps’’;
(C) by striking ‘‘, or, in the case of
showerheads, faucets, water closets, and uri-
nals, water use,’’ in paragraph (6)(A);
(D) by striking ‘‘(15), (16), (17),’’ in para-
graph (6)(B);
(E) by striking ‘‘325(r)’’ in paragraph (6)
and inserting in lieu thereof ‘‘325(p)’’;
(F) by striking ‘‘, and in the case of
showerheads, faucets, water closets, and uri-
nals, the aggregate retail cost of water and
wastewater treatment services likely to be in-
curred annually,’’ in paragraph (7);
(G) by inserting at the end of paragraph
(30) the following new subparagraph:
‘‘(T) The term ‘ANSI’ means the Amer-
ican National Standards Institute.’’; and
(H) by striking paragraph (31);
(3) in section 322(a) (42 U.S.C. 6292(a))—
(A) by striking paragraphs (15) through
(18); and
(B) by redesignating paragraph (19) as
paragraph (15);
(4) in section 323 (42 U.S.C. 6293)—
(A) by striking ‘‘water use (in the case of
showerheads, faucets, water closets, and uri-
nals),’’ in subsection (b)(3);
(B) by striking ‘‘or, in the case of
showerheads, faucets, water closets, or urinals,
water use’’ in subsection (b)(4);
(C) by striking ‘‘, or in the case of
showerheads, faucets, water closets, or urinals,
representative average unit costs of water and
wastewater treatment service resulting from the
operation of such products during such cycle’’
in subsection (b)(4);
(D) by striking ‘‘, water, and wastewater
treatment’’ in subsection (b)(4);
(E) by striking paragraphs (7) and (8) of
subsection (b);
(F) by striking ‘‘or, in the case of
showerheads, faucets, water closets, and uri-
nals, water use’’ in subsection (c)(1);
(G) by striking ‘‘or, in the case of
showerheads, faucets, water closets, and uri-
nals, water use’’ in subsection (c)(2);
(H) by striking ‘‘, measured energy use, or
measured water use’’ in subsection (e)(1) and
inserting in lieu thereof ‘‘or measured energy
use’’; and
(I) by striking ‘‘, energy use, or water use’’
each place it appears in paragraphs (2) and (3)
of subsection (e) and inserting in lieu thereof
‘‘or energy use’’;
(5) in section 324 (42 U.S.C. 6294)—
(A) by striking ‘‘325(j)’’ in subsection
(a)(2)(C)(ii) and inserting in lieu thereof
‘‘325(i)’’;
(B) by striking subparagraphs (D) and (E)
of subsection (a)(2);
(C) by striking ‘‘(19)’’ each place it ap-
pears in subsection (a)(3) and subsection (b)
and inserting in lieu thereof ‘‘(15)’’;
(D) by striking ‘‘paragraphs (15) through’’
in subsection (b)(1)(B) and inserting in lieu
thereof ‘‘paragraph’’;
(E) by striking ‘‘(13), (14), (15), (16),
(17), and (18)’’ in subsection (c)(7) and insert-
ing in lieu thereof ‘‘(13) and (14)’’; and
(F) by striking paragraph (8) of subsection
(c);
(6) in section 325 (42 U.S.C. 6295)—
(A) by striking ‘‘325(n)(1)’’ in subsection
(i)(6)(B) 
and 
inserting 
in 
lieu 
thereof
‘‘325(l)(1)’’;
(B) by striking subsections (j) and (k);
(C) 
by 
redesignating 
subsections 
(l)
through (t) as subsections (j) through (r), re-
spectively;
(D) by striking ‘‘(19)’’ in paragraphs (1)
and (2) of subsection (j), as so redesignated by
subparagraph (C) of this paragraph, and insert-
ing in lieu thereof ‘‘(15)’’;
(E) by striking ‘‘(o) and (p)’’ in subsection
(j)(1), as so redesignated by subparagraph (C)
of this paragraph, and inserting in lieu thereof
‘‘(m) and (n)’’;
(F) by striking ‘‘(o) and (p)’’ in subsection
(j)(3), as so redesignated by subparagraph (C)
of this paragraph, and inserting in lieu thereof
‘‘(m) and (n)’’;
(G) by striking ‘‘(o)(2)(B)(i)(II)’’ in sub-
section (l)(2)(C), as so redesignated by sub-
paragraph (C) of this paragraph, and inserting
in lieu thereof ‘‘(m)(2)(B)(i)(II)’’;
(H) by striking ‘‘or, in the case of
showerheads, faucets, water closets, or urinals,
water use,’’ in subsection (m)(1), as so redesig-
nated by subparagraph (C) of this paragraph;
(I) by striking ‘‘, or, in the case of
showerheads, faucets, water closets, or urinals,
water efficiency,’’ in subsection (m)(2)(A), as so
redesignated by subparagraph (C) of this para-
graph;
(J) by striking ‘‘, or as applicable, water,’’
in subsection (m)(2)(B)(i)(III), as so redesig-
nated by subparagraph (C) of this paragraph;
(K) by striking ‘‘and water’’ in subsection
(m)(2)(B)(i)(VI), as so redesignated by sub-
paragraph (C) of this paragraph;
(L) by striking ‘‘, and as applicable,
water,’’ in subsection (m)(2)(B)(iii), as so re-
designated by subparagraph (C) of this para-
graph;
(M) by striking ‘‘, in the case of
showerheads, faucets, water closets, or urinals,
water, or’’ in subsection (m)(3)(B), as so redes-
ignated by subparagraph (C) of this paragraph;
and
(N) by striking ‘‘(o)’’ both places it ap-
pears in subsection (n)(3)(A), as so redesig-
nated by subparagraph (C) of this paragraph,
and inserting in lieu thereof ‘‘(m)’’;
(7) in section 326 (42 U.S.C. 6296)—
(A) by striking ‘‘or water use’’ in sub-
section (b)(4); and
(B) by striking ‘‘, energy use, or, in the
case of showerheads, faucets, water closets, and
urinals, water use’’ in subsection (d)(1) and in-
serting in lieu thereof ‘‘or energy use’’;
(8) in section 327 (42 U.S.C. 6297)—
(A) by striking ‘‘consumption or water
use’’ in subsection (a)(1) and inserting in lieu
thereof ‘‘consumption’’;
(B) by striking ‘‘, water use,’’ in sub-
section (a)(1)(A);
(C) by striking ‘‘, energy efficiency, or
water use’’ each place it appears in subsection
(a)(1)(B), subsection (b), subsection (c), and
subsection (d)(1)(A), and inserting in lieu
thereof ‘‘or energy efficiency’’;
(D) by amending paragraph (2) of sub-
section (a) to read as follows:
‘‘(2) For purposes of this section, the term ‘State reg-
ulation’ means a law, regulation, or other requirement of
a State or its political subdivisions.’’;
(E) by striking ‘‘flow rate requirements for
showerheads or faucets, or water use require-
ments for water closets or urinals,’’ in sub-
section (b)(1);
(F) by striking ‘‘, or is a regulation (or
portion thereof) regulating showerheads’’ and
all that follows through ‘‘325(k) is applicable’’
in subsection (b)(4);
(G) by inserting ‘‘or’’ at the end of para-
graph (5) of subsection (b);
(H) by striking ‘‘; or’’ at the end of para-
graph (6) of subsection (b) and inserting in lieu
thereof a period;
(I) by striking paragraph (7) of subsection
(b);
(J) by striking ‘‘subparagraphs (B) and
(C) of section 325(j)(3), and subparagraphs (B)
and (C) of section 325(k)(3)’’ in subsection (c);
(K) by inserting ‘‘or’’ at the end of para-
graph (2) of subsection (c);
(L) by striking the semicolon at the end of
paragraph (3) of subsection (c) and inserting in
lieu thereof a period;
(M) by striking paragraphs (4), (5), and
(6) of subsection (c);
(N) by striking ‘‘or river basin commis-
sion’’ each place it appears in subsection
(d)(1)(A) and (B);
(O) by striking ‘‘or water’’ each place it
appears in subsection (d)(1)(B) and (C);
(P) by striking ‘‘, and, with respect to a
State’’ and all that follows through ‘‘water sup-
ply development’’ in subsection (d)(1)(C);
(Q) by striking ‘‘or, if the State’’ and all
that follows through ‘‘emergency condition,’’ in
subsection (d)(5)(B)(i);
(R) by striking ‘‘or, in the case of a water
emergency condition, water or wastewater treat-
ment,’’ in subsection (d)(5)(B)(i)(I); and
(S) by striking ‘‘or, in the case of a water
emergency condition, by the importation of
water,’’ in subsection (d)(5)(B)(i)(II);
(9) in section 336(c)(2) (42 U.S.C. 6306(c)(2)),
by striking ‘‘325(k)’’ and inserting in lieu thereof
‘‘325(l)’’; and
(10) in section 337 (42 U.S.C. 6307)—
(A) by striking ‘‘(a) IN GENERAL.—’’; and
(B) by striking subsection (b).
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