SEC. 2. PRESCRIBING NEW OR AMENDED ENERGY CON-
SERVATION STANDARDS. 
(a) AMENDMENT OF STANDARDS.— 
(1) IN
GENERAL.—Section 325(m)(1) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6295(m)(1)) is amended to read as follows: 
‘‘(1) IN GENERAL.—The Secretary may, for any 
product, publish a notice of proposed rulemaking in-
cluding new proposed standards for such product 
based on the criteria established under subsection 
(o) and the procedures established under subsection 
(p).’’. 
(2) 
AMENDMENT
OF
STANDARD.—Section 
325(m)(3) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(m)(3)) is amended to read as 
follows: 
‘‘(3) AMENDMENT
OF
STANDARD.—Not later 
than 2 years after a notice is issued under para-
graph (1), the Secretary shall publish a final rule 
amending the standard for the product.’’. 
(b) PETITION FOR AMENDED STANDARD.—Section 
325(n) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(n)) is amended— 
(1) in the subsection heading, by striking ‘‘AN 
AMENDED STANDARD’’ and inserting ‘‘AMENDMENT 
OR REVOCATION OF STANDARD’’; 
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(2) in paragraph (1), by inserting ‘‘or revoked’’ 
after ‘‘should be amended’’; 
(3) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) The Secretary shall grant a petition to de-
termine if energy conservation standards for a cov-
ered product should be amended or revoked if the 
Secretary finds that such petition contains evidence, 
assuming no other evidence were considered, that 
such standards— 
‘‘(A) result in additional costs to con-
sumers; 
‘‘(B) do not result in significant conserva-
tion of energy or water; 
‘‘(C) are not technologically feasible; and 
‘‘(D) result in such covered product not 
being commercially available in the United 
States to all consumers.’’; and 
(4) in paragraph (4)— 
(A) by striking ‘‘NEW
OR
AMENDED 
STANDARDS.’’ and inserting ‘‘NEW, AMENDED, 
OR REVOKED STANDARDS.’’; 
(B) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively; 
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(C) by striking ‘‘Not later than 3 years’’ 
and inserting ‘‘(A) Not later than 3 years’’; and 
(D) by adding at the end the following: 
‘‘(B) Not later than 180 days after the date of 
granting a petition to revoke standards, the Sec-
retary shall publish in the Federal Register— 
‘‘(i) a final rule revoking the standards; or 
‘‘(ii) a determination that it is not nec-
essary to revoke the standards. 
‘‘(C) The grant of a petition by the Secretary 
under this subsection creates no presumption with 
respect to the Secretary’s determination of any of 
the criteria in a rulemaking under this section.’’. 
(c) CRITERIA.—Paragraphs (2) and (3) of section 
325(o) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(o)) are amended to read as follows: 
‘‘(2) REQUIREMENTS.— 
‘‘(A) DESIGN.—Any new or amended en-
ergy conservation standard prescribed by the 
Secretary under this section for any type (or 
class) of covered product shall be designed to 
achieve the maximum improvement in energy 
efficiency, or, in the case of showerheads, fau-
cets, water closets, or urinals, water efficiency, 
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which the Secretary determines is techno-
logically feasible and economically justified. 
‘‘(B) TEST PROCEDURES.—The Secretary 
may not prescribe a new or amended energy 
conservation standard under this section for a 
type (or class) of covered product if a test pro-
cedure has not been prescribed pursuant to sec-
tion 323 with respect to that type (or class) of 
product. 
‘‘(C) SIGNIFICANT
CONSERVATION.—The 
Secretary may not prescribe a new or amended 
energy conservation standard under this section 
for a type (or class) of covered product if the 
Secretary determines that the establishment 
and imposition of such energy conservation 
standard will not result in significant conserva-
tion of— 
‘‘(i) energy; or 
‘‘(ii) in the case of showerheads, fau-
cets, water closets, or urinals, water. 
‘‘(D) TECHNOLOGICALLY
FEASIBLE
AND 
ECONOMICALLY
JUSTIFIED.—The 
Secretary 
may not prescribe a new or amended energy 
conservation standard under this section for a 
type (or class) of covered product unless the 
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Secretary determines that the establishment 
and imposition of such energy conservation 
standard is technologically feasible and eco-
nomically justified. 
‘‘(3) FACTORS FOR DETERMINATION.— 
‘‘(A) ECONOMIC ANALYSIS.—Prior to pre-
scribing any new or amended energy conserva-
tion standard under this section for any type 
(or class) of covered product, the Secretary 
shall conduct a quantitative economic impact 
analysis of imposition of the energy conserva-
tion standard that determines the predicted— 
‘‘(i) effects of imposition of the energy 
conservation standard on costs and mone-
tary benefits to consumers of the products 
subject to such energy conservation stand-
ard, including— 
‘‘(I) costs to low-income house-
holds; and 
‘‘(II) variations in costs to con-
sumers based on differences in re-
gions, including climatic differences; 
‘‘(ii) effects of imposition of the en-
ergy conservation standard on employment; 
and 
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‘‘(iii) lifecycle costs for the covered 
product, including costs associated with 
the purchase, installation, maintenance, 
disposal, and replacement of the covered 
product. 
‘‘(B) PROHIBITION ON ADDITIONAL COSTS 
TO THE CONSUMER.—The Secretary may not 
determine that imposition of an energy con-
servation standard is economically justified un-
less the Secretary, based on an economic anal-
ysis under subparagraph (A), determines that— 
‘‘(i) imposition of such energy con-
servation standard is not likely to result in 
additional net costs to the consumer, in-
cluding any increase in net costs associated 
with the purchase, installation, mainte-
nance, disposal, and replacement of the 
covered product; and 
‘‘(ii) the monetary value of the energy 
savings and, as applicable, water savings, 
that the consumer will receive as a result 
of such energy conservation standard dur-
ing the first 3 years after purchasing and 
installing a covered product complying with 
such energy conservation standard, as cal-
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culated under the applicable test proce-
dure, will be greater than any increased 
costs to the consumer of the covered prod-
uct due to imposition of such energy con-
servation standard, including increased 
costs associated with the purchase, instal-
lation, maintenance, disposal, and replace-
ment of the covered product. 
‘‘(C) REQUIRED ENERGY OR WATER SAV-
INGS.—The Secretary may not determine that 
imposition of an energy conservation standard 
is economically justified unless the Secretary 
determines that compliance with such energy 
conservation standard will result in— 
‘‘(i) a reduction of at least 0.3 quads 
of site energy over 30 years; or 
‘‘(ii) at least a 10 percent reduction in 
energy or water use of the covered product. 
‘‘(D) CRITERIA
RELATED
TO
PERFORM-
ANCE.—The Secretary may not determine that 
imposition of an energy conservation standard 
is economically justified unless the Secretary 
determines that imposition of such energy con-
servation standard will not result in any less-
ening of the utility or the performance of the 
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‘‘(II) the savings in operating 
costs throughout the estimated aver-
age life of the covered product in the 
type (or class) compared to any in-
crease in the price of, or in the initial 
charges for, or maintenance expenses 
of, the covered products which are 
likely to result from the imposition of 
the standard; 
‘‘(III) the total projected amount 
of energy, or as applicable, water, sav-
ings likely to result directly from the 
imposition of the standard; 
‘‘(IV) the need for national en-
ergy and water conservation; and 
‘‘(V) other factors the Secretary 
considers relevant. 
‘‘(H) REGULATORY REVIEW.— 
‘‘(i) EVALUATION.—Not later than 2 years 
after the issuance of any final rule prescribing 
a new or amended energy conservation standard 
under this section for any type (or class) of cov-
ered product, the Secretary shall evaluate the 
rule to determine whether such energy con-
servation standard is technologically feasible 
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and economically justified and whether the reg-
ulatory impact analysis for such rule remains 
accurate. 
‘‘(ii) EFFECT.—Notwithstanding any other 
provision of this part, if the Secretary deter-
mines, based on an evaluation under clause (i), 
that an energy conservation standard is not 
technologically feasible or economically justi-
fied— 
‘‘(I) the Secretary shall publish such 
determination and such energy conserva-
tion standard shall have no force or effect; 
and 
‘‘(II) the Secretary may publish a 
final rule amending the energy conserva-
tion standard for the type (or class) of cov-
ered product to be technologically feasible 
and economically justified in accordance 
with this subsection, which amendment 
shall apply to such a product that is manu-
factured after the date that is 2 years 
after publication of such final rule.’’. 
SEC. 3. CONFORMING AMENDMENTS. 
(a) 
REGIONAL
STANDARDS.—Section 
325(o)(6)(D)(i)(II) of the Energy Policy and Conservation 
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Act (42 U.S.C. 6295(o)(6)(D)(i)(II)) is amended by strik-
ing ‘‘this paragraph’’ and inserting ‘‘this subsection’’. 
(b) PROCEDURE FOR PRESCRIBING NEW OR AMEND-
ED STANDARDS.—Section 325(p)(2)(A) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(p)(2)(A)) 
is amended by striking ‘‘taking into account those factors 
which the Secretary must consider under subsection 
(o)(2)’’ and inserting ‘‘as determined in accordance with 
subsection (o)’’. 
(c) ENERGY CONSERVATION STANDARDS FOR HIGH- 
INTENSITY DISCHARGE LAMPS, DISTRIBUTION TRANS-
FORMERS, AND SMALL ELECTRIC MOTORS.—Section 346 
of the Energy Policy and Conservation Act (42 U.S.C. 
6317) is amended by striking subsection (c). 
Æ 
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