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Title 42 — The Public Health and Welfare

Part A · Chapter 77 — Energy Conservation

§ 6292. Coverage

Statutory text

(a)

In general

The following consumer products, excluding those consumer products designed solely for use in recreational vehicles and other mobile equipment, are covered products:

(1)

Refrigerators, refrigerator-freezers, and freezers which can be operated by alternating current electricity, excluding—

(A)

any type designed to be used without doors; and

(B)

any type which does not include a compressor and condenser unit as an integral part of the cabinet assembly.

(2)

Room air conditioners.

(3)

Central air conditioners and central air conditioning heat pumps.

(4)

Water heaters.

(5)

Furnaces.

(6)

Dishwashers.

(7)

Clothes washers.

(8)

Clothes dryers.

(9)

Direct heating equipment.

(10)

Kitchen ranges and ovens.

(11)

Pool heaters.

(12)

Television sets.

(13)

Fluorescent lamp ballasts.

(14)

General service fluorescent lamps, general service incandescent lamps, and incandescent reflector lamps.

(15)

Showerheads, except safety shower showerheads.

(16)

Faucets.

(17)

Water closets.

(18)

Urinals.

(19)

Metal halide lamp fixtures.

(20)

Any other type of consumer product which the Secretary classifies as a covered product under subsection (b).

(b)

Special classification of consumer product

(1)

The Secretary may classify a type of consumer product as a covered product if he determines that—

(A)

classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this chapter, and

(B)

average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) per year.

(2)

For purposes of this subsection:

(A)

The term “average annual per-household energy use with respect to a type of product” means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer products of such type which are used by households in the United States, divided by the number of such households which use products of such type.

(B)

The Btu equivalent of one kilowatt-hour is 3,412 British thermal units.

(C)

The term “household” shall be defined under rules of the Secretary.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Energy Policy and Conservation Act

    Pub. L. 94–163 title III § 322 · 89 Stat. 871

    Enacted · 42 U.S.C. § 6292

    Pub. L. 94–163, title III, § 322, Dec. 22, 1975, 89 Stat. 918

    Source evidence

    Code source credit
    Pub. L. 94–163, title III, § 322, Dec. 22, 1975, 89 Stat. 918

    Enacted provision · exact public law section
    Sec. 322. coverage (a) A consumer product is a covered product if it is one of the following types (or is designed to perform a function which is the principal function of any of the following types): (1) Refrigerators and refrigerator-freezers. (2) Freezers. (3) Dishwashers. (4) Clothes dryers. (5) Water heaters. (6) Room air conditioners. (7) Home heating equipment, not including furnaces. (8) Television sets. (9) Kitchen ranges and ovens. (10) Clothes washers. (11) Humidifiers and dehumidifiers. (12) Central aid conditioners. (13) Furnaces. (14) Any other type of consumer product which the Administrator classifies as a covered product under subsection (b). (b) (1) The Administrator may classify a type of consumer product as a covered product if he determines that— (A) classifying products of such type as covered products is necessary or appropriate to carry out the purposes of this Act, and (B) average annual per-household energy use by products of such type is likely to exceed 100 kilowatt-hours (or its Btu equivalent) per year. (2) For purposes of this subsection: (A) The term “average annual per-household energy use with respect to a type of product means the estimated aggregate annual energy use (in kilowatt-hours or the Btu equivalent) of consumer products of such type which are used by households in the United States, divided by the number of such households which use products of such type. (B) The Btu equivalent of one kilowatt-hour is 3,412 British thermal units. (C) The term “household” shall be defined under rules of the Administrator.

  2. Pub. L. 95–619 title VI § 691(b)(2) · 92 Stat. 3206

    Substituted · 42 U.S.C. § 6292(a)(14); 42 U.S.C. § 6292(b)(1); 42 U.S.C. § 6292(2)(C)

    Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(14), (b)(1), (2)(C). Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

    Enacted provision · exact public law section
    (2) Such Act is amended by striking out “Administrator” and “Administrator’s” each place they appear (unless the context indicates a reference other than to the Administrator of the Federal Energy Administration) and inserting in lieu thereof “Secretary” or “Secretary’s”, respectively.

  3. National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 3 · 101 Stat. 103

    1. Inserted · 42 U.S.C. § 6292(a)

      Pub. L. 100–12, § 3, inserted heading

    2. Amended · 42 U.S.C. § 6292(a)

      Pub. L. 100–12, § 3, amended text generally. Prior to amendment, text read as follows: “A consumer product is a covered product if it is one of the following types (or is designed to perform a function which is the principal function of any of the following types):

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–12, § 3, inserted heading and amended text generally. Prior to amendment, text read as follows: “A consumer product is a covered product if it is one of the following types (or is designed to perform a function which is the principal function of any of the following types):

    “(1) Refrigerators and refrigerator-freezers. “(2) Freezers. “(3) Dishwashers. “(4) Clothes dryers. “(5) Water heaters. “(6) Room air conditioners. “(7) Home heating equipment, not including furnaces. “(8) Television sets. “(9) Kitchen ranges and ovens. “(10) Clothes washers. “(11) Humidifiers and dehumidifiers. “(12) Central aid conditioners. “(13) Furnaces. “(14) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b) of this section.”

    Enacted provision · exact public law section
    SEC. 3. COVERAGE. Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended to read as follows: “Sec. 322. “coverage (a) In General.— The following consumer products, excluding those consumer products designed solely for use in recreational vehicles and other mobile equipment, are covered products: “(1) Refrigerators, refrigerator-freezers, and freezers which can be operated by alternating current electricity, excluding— “(A) any type designed to be used without doors; and “(B) any type which does not include a compressor and condenser unit as an integral part of the cabinet assembly. “(2) Room air conditioners. “(3) Central air conditioners and central air conditioning heat pumps. “(4) Water heaters. “(5) Furnaces. “(6) Dishwashers. “(7) Clothes washers. “(8) Clothes dryers. “(9) Direct heating equipment. “(10) Kitchen ranges and ovens. “(11) Pool heaters. “(12) Television sets. “(13) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b).”

  4. National Appliance Energy Conservation Act of 1987

    Pub. L. 100–12 § 11(b)(1) · 101 Stat. 103

    Inserted · 42 U.S.C. § 6292(b)

    Pub. L. 100–12, § 11(b)(1), inserted heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–12, § 11(b)(1), inserted heading.

    Enacted provision · exact public law section
    (1) Section 322(b)(1) is amended by striking out “(b)(1)” and 42 USC 6292. inserting in lieu thereof “(b) Special Classification of Consumer Product.—(1)”.

  5. National Appliance Energy Conservation Amendments of 1988

    Pub. L. 100–357 § 2(b) · 102 Stat. 671

    1. Added · 42 U.S.C. § 6292(a)(13); 42 U.S.C. § 6292(a)(14)

      Pub. L. 100–357 added par. (13)

    2. Redesignated · 42 U.S.C. § 6292(a)(13); 42 U.S.C. § 6292(a)(14)

      Pub. L. 100–357 redesignated former par. (13) as (14)

    Source evidence

    Code amendment note
    Subsec. (a)(13), (14). Pub. L. 100–357 added par. (13) and redesignated former par. (13) as (14).

    Enacted provision · exact public law section
    (b) Coverage.— Section 322(a) of such Act (42 U.S.C. 6292(a)) is amended— (1) by redesignating paragraph (13) as paragraph (14); and (2) by inserting after paragraph (12) the following: “(13) Fluorescent lamp ballasts.”.

  6. Energy Policy Act of 1992

    Pub. L. 102–486 title I § 123(c) · 106 Stat. 2776

    1. Added · 42 U.S.C. § 6292(a)(14)(19)

      Pub. L. 102–486 added pars. (14) to (18)

    2. Redesignated · 42 U.S.C. § 6292(a)(14)(19)

      Pub. L. 102–486 redesignated former par. (14) as (19)

    Source evidence

    Code amendment note
    Subsec. (a)(14) to (19). Pub. L. 102–486 added pars. (14) to (18) and redesignated former par. (14) as (19).

    Enacted provision · exact public law section
    (c) Coverage.— Section 322(a) of such Act (42 U.S.C. 6292(a)) is amended— (1) by redesignating paragraph (14) as paragraph (19); and (2) by inserting after paragraph (13) the following new paragraphs: “(14) General service fluorescent lamps and incandescent reflector lamps. “(15) Showerheads, except safety shower showerheads. “(16) Faucets. “(17) Water closets. “(18) Urinals.”.

  7. Energy Conservation Reauthorization Act of 1998

    Pub. L. 105–388 § 5(a)(3) · 112 Stat. 3477

    Inserted · 42 U.S.C. § 6292(b)(2)(A)

    Pub. L. 105–388 inserted closing quotation marks after “type of product”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 105–388 inserted closing quotation marks after “type of product”.

    Enacted provision · exact public law section
    (3) in section 322(b)(2)(A) (42 U.S.C. 6292(b)(2)(A)) by inserting close quotation marks after “type of product”;

  8. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 321(a)(2) · 121 Stat. 1492

    Inserted · 42 U.S.C. § 6292(a)(14)

    Pub. L. 110–140, § 321(a)(2), inserted “, general service incandescent lamps,” after “fluorescent lamps”

    Source evidence

    Code amendment note
    Subsec. (a)(14). Pub. L. 110–140, § 321(a)(2), inserted “, general service incandescent lamps,” after “fluorescent lamps”.

    Enacted provision · exact public law section
    (2) Coverage.— Section 322(a)(14) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)(14)) is amended by inserting “, general service incandescent lamps,” after “fluorescent lamps”.

    Effective date note
    Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

  9. Energy Independence and Security Act of 2007

    Pub. L. 110–140 § 324(b) · 121 Stat. 1492

    1. Added · 42 U.S.C. § 6292(a)(19); 42 U.S.C. § 6292(a)(20)

      Pub. L. 110–140, § 324(b), added par. (19)

    2. Redesignated · 42 U.S.C. § 6292(a)(19); 42 U.S.C. § 6292(a)(20)

      Pub. L. 110–140, § 324(b), redesignated former par. (19) as (20)

    Source evidence

    Code amendment note
    Subsec. (a)(19), (20). Pub. L. 110–140, § 324(b), added par. (19) and redesignated former par. (19) as (20).

    Enacted provision · exact public law section
    (b) Coverage.— Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended— (1) by redesignating paragraph (19) as paragraph (20); and (2) by inserting after paragraph (18) the following: “(19) Metal halide lamp fixtures.” .

    Effective date note
    Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

13 of 13 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(1)(A), was in the original “this Act”, meaning Pub. L. 94–163, , 89 Stat. 871, known as the Energy Policy and Conservation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.

Amendments1978–2007 · 6 rounds

2007

Subsec. (a)(14). Pub. L. 110–140, § 321(a)(2), inserted “, general service incandescent lamps,” after “fluorescent lamps”.

Subsec. (a)(19), (20). Pub. L. 110–140, § 324(b), added par. (19) and redesignated former par. (19) as (20).

1998

Subsec. (b)(2)(A). Pub. L. 105–388 inserted closing quotation marks after “type of product”.

1992

Subsec. (a)(14) to (19). Pub. L. 102–486 added pars. (14) to (18) and redesignated former par. (14) as (19).

1988

Subsec. (a)(13), (14). Pub. L. 100–357 added par. (13) and redesignated former par. (13) as (14).

1987

Subsec. (a). Pub. L. 100–12, § 3, inserted heading and amended text generally. Prior to amendment, text read as follows: “A consumer product is a covered product if it is one of the following types (or is designed to perform a function which is the principal function of any of the following types):

“(1) Refrigerators and refrigerator-freezers.

“(2) Freezers.

“(3) Dishwashers.

“(4) Clothes dryers.

“(5) Water heaters.

“(6) Room air conditioners.

“(7) Home heating equipment, not including furnaces.

“(8) Television sets.

“(9) Kitchen ranges and ovens.

“(10) Clothes washers.

“(11) Humidifiers and dehumidifiers.

“(12) Central aid conditioners.

“(13) Furnaces.

“(14) Any other type of consumer product which the Secretary classifies as a covered product under subsection (b) of this section.”

Subsec. (b). Pub. L. 100–12, § 11(b)(1), inserted heading.

1978

Subsecs. (a)(14), (b)(1), (2)(C). Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration, wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Amendment by Pub. L. 110–140 effective on the date that is 1 day after , see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Energy Efficiency Labeling for Windows and Window Systems

Pub. L. 102–486, title I, § 121, , 106 Stat. 2805, provided that:

“(a)

In General.—

(1)

The Secretary shall, after consulting with the National Fenestration Rating Council, industry representatives, and other appropriate organizations, provide financial assistance to support a voluntary national window rating program that will develop energy ratings and labels for windows and window systems.

“(2)

Such rating program shall include—

“(A)

specifications for testing procedures and labels that will enable window buyers to make more informed purchasing decisions about the energy efficiency of windows and window systems; and

“(B)

information (which may be disseminated through catalogs, trade publications, labels, or other mechanisms) that will allow window buyers to assess the energy consumption and potential cost savings of alternative window products.

“(3)

Such rating program shall be developed by the National Fenestration Rating Council according to commonly accepted procedures for the development of national testing procedures and labeling programs.

“(b)

Monitoring.—

The Secretary shall monitor and evaluate the efforts of the National Fenestration Rating Council and, not later than one year after the date of the enactment of this Act [], make a determination as to whether the program developed by the Council is consistent with the objectives of subsection (a).

“(c)

Alternative System.—

(1)

If the Secretary makes a determination under subsection (b) that a voluntary national window rating program consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for windows and window systems.

“(2)

Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the ‘Commission’) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for those windows and window systems for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of window or window system (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions.

“(3)

For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection.

“(4)

For purposes of section 327(a) of such Act, the term ‘this part’ includes this subsection to the extent necessary to carry out this subsection.”

Energy Efficiency Information for Commercial Office Equipment

Pub. L. 102–486, title I, § 125, , 106 Stat. 2833, provided that:

“(a)

In General.—

(1)

The Secretary shall, after consulting with the Computer and Business Equipment Manufacturers Association and other interested organizations, provide financial and technical assistance to support a voluntary national testing and information program for those types of commercial office equipment that are widely used and for which there is a potential for significant energy savings as a result of such program.

“(2)

Such program shall—

“(A)

consistent with the objectives of paragraph (1), determine the commercial office equipment to be covered under such program;

“(B)

include specifications for testing procedures that will enable purchasers of such commercial office equipment to make more informed decisions about the energy efficiency and costs of alternative products; and

“(C)

include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products.

“(3)

Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedure and labeling programs.

“(b)

Monitoring.—

The Secretary shall monitor and evaluate the efforts to develop the program described in subsection (a) and, not later than three years after the date of the enactment of this Act [], shall make a determination as to whether such program is consistent with the objectives of subsection (a).

“(c)

Alternative System.—

(1)

If the Secretary makes a determination under subsection (b) that a voluntary national testing and information program for commercial office equipment consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for such commercial office equipment.

“(2)

Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the ‘Commission’) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for commercial office equipment for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of commercial office equipment (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions.

“(3)

For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection.

“(4)

For purposes of section 327(a) of such Act, the term ‘this part’ includes this subsection to the extent necessary to carry out this subsection.”

Energy Efficiency Information for Luminaires

Pub. L. 102–486, title I, § 126, , 106 Stat. 2834, provided that:

“(a)

In General.—

(1)

The Secretary shall, after consulting with the National Electric Manufacturers Association, the American Lighting Association, and other interested organizations, provide financial and technical assistance to support a voluntary national testing and information program for those types of luminaires that are widely used and for which there is a potential for significant energy savings as a result of such program.

“(2)

Such program shall—

“(A)

consistent with the objectives of paragraph (1), determine the luminaires to be covered under such program;

“(B)

include specifications for testing procedures that will enable purchasers of such luminaires to make more informed decisions about the energy efficiency and costs of alternative products; and

“(C)

include information, which may be disseminated through catalogs, trade publications, labels, or other mechanisms, that will allow consumers to assess the energy consumption and potential cost savings of alternative products.

“(3)

Such program shall be developed by an appropriate organization (composed of interested parties) according to commonly accepted procedures for the development of national testing procedures and labeling programs.

“(b)

Monitoring.—

The Secretary shall monitor and evaluate the efforts to develop the program described in subsection (a) and, not later than three years after the date of the enactment of this Act [], shall make a determination as to whether the program developed is consistent with the objectives of subsection (a).

“(c)

Alternative System.—

(1)

If the Secretary makes a determination under subsection (b) that a voluntary national testing and information program for luminaires consistent with the objectives of subsection (a) has not been developed, the Secretary shall, after consultation with the National Institute of Standards and Technology, develop, not later than two years after such determination, test procedures under section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for such luminaires.

“(2)

Not later than one year after the Secretary develops test procedures under paragraph (1), the Federal Trade Commission (hereafter in this section referred to as the ‘Commission’) shall prescribe labeling rules under section 324 of such Act (42 U.S.C. 6294) for those luminaires for which the Secretary has prescribed test procedures under paragraph (1) except that, with respect to any type of luminaire (or class thereof), the Secretary may determine that such labeling is not technologically feasible or economically justified or is not likely to assist consumers in making purchasing decisions.

“(3)

For purposes of sections 323, 324, and 327 of such Act [42 U.S.C. 6293, 6294, 6297], each product for which the Secretary has established test procedures or labeling rules pursuant to this subsection shall be considered a new covered product under section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry out this subsection.

“(4)

For purposes of section 327(a) of such Act, the term ‘this part’ includes this subsection to the extent necessary to carry out this subsection.”

Report on Potential of Cooperative Advanced Appliance Development

Pub. L. 102–486, title I, § 127, , 106 Stat. 2835, provided that not later than 18 months after , the Secretary would, in consultation with the Administrator of the Environmental Protection Agency, utilities, and appliance manufacturers, submit to Congress a report, based on certain criteria, on the potential for the development and commercialization of appliances substantially more efficient than required by Federal or State law.

Evaluation of Utility Early Replacement Programs for Appliances

Pub. L. 102–486, title I, § 128, , 106 Stat. 2836, required the Secretary, within 18 months after , and in consultation with the Administrator of the Environmental Protection Agency, utilities, and appliance manufacturers, to evaluate and report to Congress on the energy savings and environmental benefits of programs directed to the early replacement of older, less efficient appliances (as defined in subsec. (a) of this section) in use by consumers with products more efficient than required by Federal law.

Credits

1975–2007 · 7 acts
  1. 1975Pub. L. 94–163, title III, § 322, , 89 Stat. 918
  2. 1978Pub. L. 95–619, title VI, § 691(b)(2), , 92 Stat. 3288
  3. 1987Pub. L. 100–12, §§ 3, 11(b)(1), , 101 Stat. 105, 125
  4. 1988Pub. L. 100–357, § 2(b), , 102 Stat. 672
  5. 1992Pub. L. 102–486, title I, § 123(c), , 106 Stat. 2821
  6. 1998Pub. L. 105–388, § 5(a)(3), , 112 Stat. 3478
  7. 2007Pub. L. 110–140, title III, §§ 321(a)(2), 324(b), , 121 Stat. 1577, 1593.
Show as published

(Pub. L. 94–163, title III, § 322, , 89 Stat. 918; Pub. L. 95–619, title VI, § 691(b)(2), , 92 Stat. 3288; Pub. L. 100–12, §§ 3, 11(b)(1), , 101 Stat. 105, 125; Pub. L. 100–357, § 2(b), , 102 Stat. 672; Pub. L. 102–486, title I, § 123(c), , 106 Stat. 2821; Pub. L. 105–388, § 5(a)(3), , 112 Stat. 3478; Pub. L. 110–140, title III, §§ 321(a)(2), 324(b), , 121 Stat. 1577, 1593.)

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