§ 6297. Effect on other law

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. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 title III § 327 · 89 Stat. 871

   Enacted · 42 U.S.C. § 6297

   Pub. L. 94–163, title III, § 327, Dec. 22, 1975, 89 Stat. 926

   Source evidence

   Code source credit
   Pub. L. 94–163, title III, § 327, Dec. 22, 1975, 89 Stat. 926

   Enacted provision · exact public law section
   Sec. 327. effect on other law (a) This part supersedes any State regulation insofar as such State regulation may now or hereafter provide for— (1) the disclosure of information with respect to any measure of energy consumption of any covered product— (A) if there is any rule under section 323 applicable to such covered product, and such State regulation requires test-ing in any manner other than that prescribed in such rule under section 323, or (B) if there is a rule under section 324 applicable to such covered product and such State regulation requires disclosure of information other than information disclosed in accordance with such rule under section 324; or (2) any energy efficiency standard or similar requirement with respect to energy efficiency or energy use of a covered product— (A) if there is a standard under section 325 applicable to such product, and such State regulation is not identical to such standard, or (B) if there is a rule under section 323 or 324 applicable to such product and such State regulation requires testing in accordance with test procedures which are not identical to the test procedures specified in such rule. (b) (1) If a State regulation provides for an energy efficiency standard Petition. or similar requirement respecting energy use or energy efficiency of a covered product and if such State regulation is not superseded by subsection (a)(2), then any person subject to such State regulation may petition the Administrator for the prescription of a rule under this subsection which supersedes such State regulation in whole or in part. The Administrator shall, within 6 months after the date such a petition is filed, either deny such petition or prescribe a rule under this subsection superseding such State regulation. The Administrator shall issue such a rule with respect to a State regulation if and only if the petitioner demonstrates to the satisfaction of the Administrator that— (A) there is no significant State or local interest sufficient to justify such State regulation; and (B) such State regulation unduly burdens interstate commerce. (2) Notwithstanding the provisions of subsection (a), any State regulation which provides for an energy efficiency standard or similar requirement respecting energy use or energy efficiency of a covered product shall not be superseded by subsection (a) if the State prescribing such standard demonstrates and the Administrator finds, by rule, that— (A) there is a substantial State or local need which is sufficient to justify such State regulation; (B) such State regulation does not unduly burden interstate commerce; and (C) if there is a Federal energy efficiency standard applicable to such product, such State regulation contains a more stringent energy efficiency standard than the corresponding Federal standard. (c) Notwithstanding the provisions of subsection (a), any State regulation which sets forth procurement standards for a State (or political subdivision thereof) shall not be superseded by the provisions of this part if such State standards are more stringent than the corresponding Federal standards. (d) For purposes of this section, the term “State regulation” means “State regulation.” a law or regulation of a State or political subdivision thereof. (e) Any disclosure with respect to energy use, energy efficiency, or estimated annual operating cost, which is required to be made under the provisions of this part, shall not create an express or implied warranty under State or Federal law that such energy efficiency will be achieved, or that such energy use or estimated annual operating cost will not be exceeded, under conditions of actual use.

2. 1978

   Pub. L. 95–619 § 424(b) · 92 Stat. 3206

   Substituted · 42 U.S.C. § 6297(a)(2)

   Pub. L. 95–619, § 424(b), substituted “other requirement” for “similar requirement”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 95–619, § 424(b), substituted “other requirement” for “similar requirement”.

   Enacted provision · exact public law section
   (b) Preemption of Certain State Regulations.— Paragraph (2) of section 327(a) of such Act (42 U.S.C. 6297 (a)) is amended by striking out “similar requirement” and inserting in lieu thereof “other requirement”.

3. 1978

   Pub. L. 95–619 § 424(a) · 92 Stat. 3206

   1. Substituted · 42 U.S.C. § 6297(b)

      Pub. L. 95–619, § 424(a), in par. (1) substituted provisions vesting power to prescribe rules superseding State energy efficiency regulations in the Secretary for provisions vesting such power in the Administrator of the Federal Energy Administration and provided that persons subject to such State regulations were to petition the Secretary for relief therefrom rather than the Administrator, in par. (2) inserted provisions authorizing the supersedure of any State regulation prescribed after Jan. 1, 1978 respecting energy use of any type of covered product and authorizing the filing of a petition by the State for exemption from any such supersedure

   2. Struck · 42 U.S.C. § 6297(b)

      Pub. L. 95–619, § 424(a), in par. (1) struck out provision that a State regulation containing a more stringent energy efficiency standard than the corresponding Federal standard would not be superseded

   3. Added · 42 U.S.C. § 6297(b)

      Pub. L. 95–619, § 424(a), in par. (1) added pars. (3) to (5)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–619, § 424(a), in par. (1) substituted provisions vesting power to prescribe rules superseding State energy efficiency regulations in the Secretary for provisions vesting such power in the Administrator of the Federal Energy Administration and provided that persons subject to such State regulations were to petition the Secretary for relief therefrom rather than the Administrator, in par. (2) inserted provisions authorizing the supersedure of any State regulation prescribed after Jan. 1, 1978 respecting energy use of any type of covered product and authorizing the filing of a petition by the State for exemption from any such supersedure, and struck out provision that a State regulation containing a more stringent energy efficiency standard than the corresponding Federal standard would not be superseded, and added pars. (3) to (5).

   Enacted provision · exact public law section
   (a) Interim Preemption.— Section 327(b) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)) is amended to read as follows: “(b) (1) If a State regulation is prescribed which establishes an energy efficiency standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered products and which is not superseded by subsection (a)(2) or (b)(2), then any person subject to such regulation may file a petition with the Secretary requesting that the Secretary prescribe a rule under this subsection which supersedes such State regulation in whole or in part. The Secretary, after consideration of the petition, the view’s of the affected State, and the comments of any interested person, shall issue such requested rule only if the Secretary finds (and publishes such finding) that— “(A) there is no significant State or local interest sufficient to justify such State regulation; and “(B) such State regulation unduly burdens interstate commerce. “(2) If a State regulation is prescribed after January 1, 1978, which establishes an energy efficiency standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered products and which is not superseded by subsection (a) (2), then such State regulation is superseded. Notwithstanding the requirement of the preceding sentence, such State may file a petition with the Secretary requesting a rule that such State regulation is not superseded pursuant to this paragraph. The Secretary, after consideration of the petition and the comments of interested persons, shall prescribe such rule only if he finds there is a significant State or local interest to justify such State regulations; except that the Secretary may not prescribe such rule if he finds that such State regulation would unduly burden interstate commerce. “(3) Notwithstanding subsection (a)(2), any State prescribing a State regulation which provides an energy efficiency standard or other requirement respecting energy use or energy efficiency for any type (or class) of covered products for which a Federal energy efficiency standard is applicable may file a petition with the Secretary requesting a rule that such regulation not lie superseded. The Secretary, after consideration of the petition and the comments of interested persons, shall prescribe such rule only if he finds (and publishes such finding) that— “(A) there is a significant State or local interest to justify such State regulation; and “(B) such State regulation contains a more stringent energy efficiency standard than such Federal standard; except that the Secretary may not prescribe such rule if he finds that such State regulation would unduly burden interstate commerce. “(4) The Secretary shall give notice of any petition filed under this subsection and afford interested persons a reasonable opportunity to Publication in Federal Register. make written comments thereon. The Secretary, within 6 months after the date any petition is filed, shall deny such petition or prescribe the requested rule, except that the Secretary may publish a notice in the Federal Register extending such period to a date certain. Such notice shall include the reasons for delay. In the case of any denial of a petition under this subsection, the Secretary shall publish in the Federal Register notice of such denial and the reasons for such denial. “(5) The requirement of paragraph (2) shall not continue in effect after July 1, 1980, in the case of any type, (or class) of covered products specified in paragraphs (1) through (13) of section 322(a).

4. 1987

   National Appliance Energy Conservation Act of 1987

   Pub. L. 100–12 § 7 · 101 Stat. 103

   Amended · 42 U.S.C. § 6297

   Pub. L. 100–12 amended section generally, revising and restating as subsecs. (a) to (g) provisions formerly contained in subsecs. (a) to (e)

   Source evidence

   Code amendment note
   Pub. L. 100–12 amended section generally, revising and restating as subsecs. (a) to (g) provisions formerly contained in subsecs. (a) to (e).

   Enacted provision · exact public law section
   SEC. 7. EFFECT ON OTHER LAW. Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended to read as follows: “Sec. 327. “effect on other law (a) Preemption of Testing and Labeling Requirements.— (1) Effective on the date of enactment of the National Appliance Energy Conservation Act of 1987, this part supersedes any State regulation insofar as such State regulation provides at any time for the disclosure of information with respect to any measure of energy consumption of any covered product if— “(A) such State regulation requires testing or the use of any measure of energy consumption or energy descriptor in any manner other than that provided under section 323; or “(B) such State regulation requires disclosure of information with respect to the energy use or energy efficiency of any covered product other than information required under section 324. “(2) For purposes of this section, the term ‘State regulation’ means a law, regulation, or other requirement of a State or its political subdivisions. “(b) General Rule of Preemption for Energy Conservation Standards Before Federal Standard Becomes Effective for a Product.— Effective on the date of enactment of the National Appliance Energy Conservation Act of 1987 and ending on the effective date of an energy conservation standard established under section Ante, p. 107 325 for any covered product, no State regulation, or revision thereof, concerning the energy efficiency or energy use of the covered product shall be effective with respect to such covered product, unless the State regulation or revision— “(1) was prescribed or enacted before January 8, 1987, and is applicable to products before January 3, 1988; “(2) is a State procurement regulation described in subsection (e); “(3) is a regulation described in subsection (f)(1) or is prescribed or enacted in a building code for new construction described in subsection (f)(2); “(4) is a regulation prohibiting the use in pool heaters of a constant burning pilot; “(5) is a regulation described in subsection (d)(5)(B) for which a waiver has been granted under subsection (d); or “(6) is a regulation effective on or after January 1, 1992, concerning the energy efficiency or energy use of television sets. “(c) General Rule of Preemption for Energy Conservation Standards When Federal Standard Becomes Effective for a Product.— Except as provided in section 325(b)(3)(A)(ii) and effective on the effective date of an energy conservation standard established in or prescribed under section 325 for any covered product, no State regulation concerning the energy efficiency or energy use of such covered product shall be effective with respect to such product unless the regulation— “(1) is a regulation described in paragraph (2) or (4) of subsection (b); “(2) is a regulation which has been granted a waiver under subsection (d); or “(3) is in a building code for new construction described in subsection (f)(3). “(d) Waiver of Federal Preemption.— (1) (A) Any State with a State regulation which provides for any energy conservation standard or other requirement with respect to energy use or energy efficiency for any type (or class) of covered product for which there is a Federal energy conservation standard under section 325 may file a petition with the Secretary requesting a rule that such State regulation become effective with respect to such covered product. “(B) Subject to paragraphs (2) through (5), the Secretary shall, within the period described in paragraph (2) and after consideration of the petition and the comments of interested persons, prescribe such rule if the Secretary finds (and publishes such finding) that the State has established by a preponderance of the evidence that such State regulation is needed to meet unusual and compelling State or local energy interests. “(C) For purposes of this subsection, the term ‘unusual and compelling State or local energy interests’ means interests which— “(i) are substantially different in nature or magnitude than those prevailing in the United States generally; and “(ii) are such that the costs, benefits, burdens, and reliability of energy savings resulting from the State regulation make such regulation preferable or necessary when measured against the costs, benefits, burdens, and reliability of alternative approaches to energy savings or production, including reliance on reasonably predictable market-induced improvements in efficiency of all products subject to the State regulation. The factors described in clause (ii) shall be evaluated within the context of the State’s energy plan and forecast. “(2) The Secretary shall give notice of any petition filed under paragraph (1)(A) and afford interested persons a reasonable opportunity to make written comments, including rebuttal comments, thereon. The Secretary shall, within the 6-month period beginning Federal Register, publication. on the date on which any such petition is filed, deny such petition or prescribe the requested rule, except that the Secretary may publish a notice in the Federal Register extending such period to a date certain but no longer than one year after the date on which the petition was filed. Such notice shall include the reasons for delay. In the Federal Register, publication. case of any denial of a petition under this subsection, the Secretary shall publish in the Federal Register notice of, and the reasons for, such denial. “(3) The Secretary may not prescribe a rule under this subsection if the Secretary finds (and publishes such finding) that interested persons have established, by a preponderance of the evidence, that such State regulation will significantly burden manufacturing, marketing, distribution, sale, or servicing of the covered product on a national basis. In determining whether to make such finding, the Secretary shall evaluate all relevant factors, including— “(A) the extent to which the State regulation will increase manufacturing or distribution costs of manufacturers, distributors, and others; “(B) the extent to which the State regulation will disadvantage smaller manufacturers, distributors, or dealers or lessen competition in the sale of the covered product in the State; “(C) the extent to which the State regulation would cause a burden to manufacturers to redesign and produce the covered product type (or class), taking into consideration the extent to which the regulation would result in a reduction— “(i) in the current models, or in the projected availability of models, that could be shipped on the effective date of the regulation to the State and within the United States; or “(ii) in the current or projected sales volume of the covered product type (or class) in the State and the United States; and “(D) the extent to which the State regulation is likely to contribute significantly to a proliferation of State appliance efficiency requirements and the cumulative impact such requirements would have. “(4) The Secretary may not prescribe a rule under this subsection if the Secretary finds (and publishes such finding) that interested persons have established, by a preponderance of the evidence, that the State regulation is likely to result in the unavailability in the State of any covered product type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the State at the time of the Secretary’s finding, except that the failure of some classes (or types) to meet this criterion shall not affect the Secretary’s determination of whether to prescribe a rule for other classes (or types). “(5) No final rule prescribed by the Secretary under this subsection may— “(A) permit any State regulation to become effective with respect to any covered product manufactured within three years after such rule is published in the Federal Register or within five years if the Secretary finds that such additional time is necessary due to the substantial burdens of retooling, redesign, or distribution needed to comply with the State regulation; or “(B) become effective with respect to a covered product manufactured before the earliest possible effective date specified in Ante, p. 107. section 325 for the initial amendment of the energy conservation standard established in such section for the covered product; except that such rule may become effective before such date if the Secretary finds (and publishes such finding) that, in addition to the other requirements of this subsection the State has established, by a preponderance of the evidence, that— “(i) an energy emergency condition exists within the State which— “(I) imperils the health, safety, and welfare of its residents because of the inability of the State or utilities within the State to provide adequate quantities of gas or electric energy to its residents at less than prohibitive costs; and “(II) cannot be substantially alleviated by the importation of energy or the use of interconnection agreements; and “(ii) the State regulation is necessary to alleviate substantially such condition. “(6) In any case in which a State is issued a rule under paragraph (1) with respect to a covered product and subsequently a Federal energy conservation standard concerning such product is amended pursuant to section 325, any person subject to such State regulation may file a petition with the Secretary requesting the Secretary to withdraw the rule issued under paragraph (1) with respect to such product in such State. The Secretary shall consider such petition in accordance with the requirements of paragraphs (1), (3), and (4), except that the burden shall be on the petitioner to show by a preponderance of the evidence that the rule received by the State under paragraph (1) should be withdrawn as a result of the amendment to the Federal standard. If the Secretary determines that the petitioner has shown that the rule issued by the State should be so withdrawn, the Secretary shall withdraw it. “(e) Exception for Certain State Procurement Standards.— Any State regulation which sets forth procurement standards for a State (or political subdivision thereof) shall not be superseded by the provisions of this part if such standards are more stringent than the corresponding Federal energy conservation standards. “(f) Exception for Certain Building Code Requirements.— (1) A regulation or other requirement enacted or prescribed before January 8, 1987, that is contained in a State or local building code for new construction concerning the energy efficiency or energy use of a covered product is not superseded by this part until the effective date of the energy conservation standard established in or prescribed under section 325 for such covered product. “(2) A regulation or other requirement, or revision thereof, enacted or prescribed on or after January 8, 1987, that is contained in a State or local building code for new construction concerning the energy efficiency or energy use of a covered product is not superseded by this part until the effective date of the energy conservation standard established in or prescribed under section 325 for such covered product if the code does not require that the energy efficiency of such covered product exceed— “(A) the applicable minimum efficiency requirement in a national voluntary consensus standard; or “(B) the minimum energy efficiency level in a regulation or other requirement of the State meeting the requirements of subsection (b)(1) or (b)(5), whichever is higher. “(3) Effective on the effective date of an energy conservation standard for a covered product established in or prescribed under section 325, a regulation or other requirement contained in a State or local building code for new construction concerning the energy efficiency or energy use of such covered product is not superseded by this part if the code complies with all of the following requirements: “(A) The code permits a builder to meet an energy consumption or conservation objective for a building by selecting items whose combined energy efficiencies meet the objective. “(B) The code does not require that the covered product have an energy efficiency exceeding the applicable energy conservation standard established in or prescribed under section 325, except that the required efficiency may exceed such standard up to the level required by a regulation of that State for which the Secretary has issued a rule granting a waiver under subsection (d). “(C) The credit to the energy consumption or conservation objective allowed by the code for installing covered products having energy efficiencies exceeding such energy conservation standard established in or prescribed under section 325 or the efficiency level required in a State regulation referred to in subparagraph (B) is on a one-for-one equivalent energy use or equivalent cost basis. “(D) If the code uses one or more baseline building designs against which all submitted building designs are to be evaluated and such baseline building designs contain a covered product subject to an energy conservation standard established in or prescribed under section 325, the baseline building designs are based on the efficiency level for such covered product which meets but does not exceed such standard or the efficiency level required by a regulation of that State for which the Secretary has issued a rule granting a waiver under subsection (d). “(E) If the code sets forth one or more optional combinations of items which meet the energy consumption or conservation objective, for every combination which includes a covered product the efficiency of which exceeds either standard or level referred to in subparagraph (D), there also shall be at least one combination which includes such covered product the efficiency of which does not exceed such standard or level by more than 5 percent, except that at least one combination shall include such covered product the efficiency of which meets but does not exceed such standard. “(F) The energy consumption or conservation objective is specified in terms of an estimated total consumption of energy (which may be calculated from energy loss- or gain-based codes) utilizing an equivalent amount of energy (which may be specified in units of energy or its equivalent cost). “(G) The estimated energy use of any covered product permitted or required in the code, or used in calculating the objective, is determined using the applicable test procedures Ante, p. 105. prescribed under section 323, except that the State may permit the estimated energy use calculation to be adjusted to reflect the conditions of the areas where the code is being applied if such adjustment is based on the use of the applicable test procedures prescribed under section 323 or other technically accurate documented procedure. “(4) (A) Subject to subparagraph (B), a State or local government is not required to submit a petition to the Secretary in order to enforce or apply its building code or to establish that the code meets the conditions set forth in this subsection. “(B) If a building code requires the installation of covered products with efficiencies exceeding both the applicable Federal standard Ante, p. 107. established in or prescribed under section 325 and the applicable standard of such State, if any, that has been granted a waiver under subsection (d), such requirement of the building code shall not be applicable unless the Secretary has granted a waiver for such requirement under subsection (d). “(g) No Warranty.— Any disclosure with respect to energy use, energy efficiency, or estimated annual operating cost which is required to be made under the provisions of this part shall not create an express or implied warranty under State or Federal law that such energy efficiency will be achieved or that such energy use or estimated annual operating cost will not be exceeded under conditions of actual use.”.

5. 1988

   National Appliance Energy Conservation Amendments of 1988

   Pub. L. 100–357 § 2(f)(1) · 102 Stat. 671

   Inserted · 42 U.S.C. § 6297(b)(1)

   Pub. L. 100–357, § 2(f)(1), inserted before semicolon “, or in the case of any portion of any regulation which establishes requirements for fluorescent lamp ballasts, was prescribed or enacted before June 28, 1988”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 100–357, § 2(f)(1), inserted before semicolon “, or in the case of any portion of any regulation which establishes requirements for fluorescent lamp ballasts, was prescribed or enacted before June 28, 1988”.

   Enacted provision · exact public law section
   (1) Section 327(b)(1) of such Act (42 U.S.C. 6297(b)(1)) is amended by inserting before the semicolon at the end the following: “, or in the case of any portion of any regulation which establishes requirements for fluorescent lamp ballasts, was prescribed or enacted before the date of the enactment of the National Appliance Energy Conservation Amendments of 1988”.

6. 1988

   National Appliance Energy Conservation Amendments of 1988

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

   Inserted · 42 U.S.C. § 6297(b)(4)

   Pub. L. 100–357, § 2(f)(2), inserted before semicolon “, or is a regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 6295(g) of this title is applicable”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 100–357, § 2(f)(2), inserted before semicolon “, or is a regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 6295(g) of this title is applicable”.

   Enacted provision · exact public law section
   (2) Section 327(b)(4) of such Act (42 U.S.C. 6297(b)(4)) is amended by inserting before the semicolon at the end the following: “, or is a regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 325(g) is applicable”.

7. 1988

   National Appliance Energy Conservation Amendments of 1988

   Pub. L. 100–357 § 2(f)(3) · 102 Stat. 671

   Inserted · 42 U.S.C. § 6297(c)(1)

   Pub. L. 100–357, § 2(f)(3), inserted before semicolon “, except that a State regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 6295(g) of this title is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary under paragraph (7) of such section and is applicable to such ballasts”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 100–357, § 2(f)(3), inserted before semicolon “, except that a State regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 6295(g) of this title is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary under paragraph (7) of such section and is applicable to such ballasts”.

   Enacted provision · exact public law section
   (3) Section 327(c)(1) of such Act (42 U.S.C. 6297(c)(1)) is amended by inserting before the semicolon at the end the following: “, except State and local governments. that a State regulation (or portion thereof) regulating fluorescent lamp ballasts other than those to which paragraph (5) of section 325(g) is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary under paragraph (7) of such section and is applicable to such ballasts”.

8. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 123(h)(1)(A) · 106 Stat. 2776

   Substituted · 42 U.S.C. § 6297(a)(1)

   Pub. L. 102–486, § 123(h)(1)(A)–(C), in introductory provisions inserted “or water use” after “energy consumption”, in par. (A) inserted “, water use,” after “energy consumption”, and in par. (B) substituted “, energy efficiency, or water use” for “or energy efficiency”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–486, § 123(h)(1)(A)–(C), in introductory provisions inserted “or water use” after “energy consumption”, in par. (A) inserted “, water use,” after “energy consumption”, and in par. (B) substituted “, energy efficiency, or water use” for “or energy efficiency”.

   Enacted provision · exact public law section
   (A) in paragraph (1), in the material preceding subparagraph (A), by inserting “or water use” after “energy consumption”;

9. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 § 123(h)(1)(D) · 106 Stat. 2776

   Amended · 42 U.S.C. § 6297(a)(2)

   Pub. L. 102–486, § 123(h)(1)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this section, the term ‘State regulation’ means a law, regulation, or other requirement of a State or its political subdivisions.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 102–486, § 123(h)(1)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this section, the term ‘State regulation’ means a law, regulation, or other requirement of a State or its political subdivisions.”

   Enacted provision · exact public law section
   (D) by amending paragraph (2) to read as follows: “(2) For purposes of this section, the following definitions apply: “(A) The term ‘State regulation’ means a law, regulation, or other requirement of a State or its political subdivisions. With respect to showerheads, faucets, water closets, and urinals, such term shall also mean a law, regulation, or other requirement of a river basin commission that has jurisdiction within a State. “(B) The term ‘river basin commission’ means— “(i) a commission established by interstate compact to apportion, store, regulate, or otherwise manage or coordinate the management of the waters of a river basin; and “(ii) a commission established under section 201(a) of the Water Resources Planning Act (42 U.S.C. 1962b(a)).”;

10. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(2)(A) · 106 Stat. 2776

    Substituted · 42 U.S.C. § 6297(b)

    Pub. L. 102–486, § 123(h)(2)(A), substituted “, energy use, or water use of the covered product” for “or energy use of the covered product”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–486, § 123(h)(2)(A), substituted “, energy use, or water use of the covered product” for “or energy use of the covered product”.

    Enacted provision · exact public law section
    (A) in the material preceding paragraph (1), by striking out “or energy use of the covered product” and inserting in lieu thereof “, energy use, or water use of the covered product”;

11. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(2)(B) · 106 Stat. 2776

    Inserted · 42 U.S.C. § 6297(b)(1)

    Pub. L. 102–486, § 123(h)(2)(B), inserted before semicolon at end “, or in the case of any portion of any regulation which establishes requirements for fluorescent or incandescent lamps, flow rate requirements for showerheads or faucets, or water use requirements for water closets or urinals, was prescribed or enacted before October 24, 1992”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–486, § 123(h)(2)(B), inserted before semicolon at end “, or in the case of any portion of any regulation which establishes requirements for fluorescent or incandescent lamps, flow rate requirements for showerheads or faucets, or water use requirements for water closets or urinals, was prescribed or enacted before October 24, 1992”.

    Enacted provision · exact public law section
    (B) by inserting before the semicolon at the end of paragraph (1) the following: “, or in the case of any portion of any regulation which establishes requirements for fluorescent or incandescent lamps, flow rate requirements for showerheads or faucets, or water use requirements for water closets or urinals, was prescribed or enacted before the date of the enactment of the Energy Policy Act of 1992”;

12. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(2)(C) · 106 Stat. 2776

    Inserted · 42 U.S.C. § 6297(b)(4)

    Pub. L. 102–486, § 123(h)(2)(C), inserted before semicolon at end “, or is a regulation (or portion thereof) regulating fluorescent or incandescent lamps other than those to which section 6295(i) of this title is applicable, or is a regulation (or portion thereof) regulating showerheads or faucets other than those to which section 6295(j) of this title is applicable or regulating lavatory faucets (other than metering faucets) for installation in public places, or is a regulation (or portion thereof) regulating water closets or urinals other than those to which section 6295(k) of this title is applicable”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 102–486, § 123(h)(2)(C), inserted before semicolon at end “, or is a regulation (or portion thereof) regulating fluorescent or incandescent lamps other than those to which section 6295(i) of this title is applicable, or is a regulation (or portion thereof) regulating showerheads or faucets other than those to which section 6295(j) of this title is applicable or regulating lavatory faucets (other than metering faucets) for installation in public places, or is a regulation (or portion thereof) regulating water closets or urinals other than those to which section 6295(k) of this title is applicable”.

    Enacted provision · exact public law section
    (C) in paragraph (4), by inserting before the semicolon at the end the following: “, or is a regulation (or portion thereof) regulating fluorescent or incandescent lamps other than those to which section 325(i) is applicable, or is a regulation (or portion thereof) regulating showerheads or faucets other than those to which section 325(j) is applicable or regulating lavatory faucets (other than metering faucets) for installation in public places, or is a regulation (or portion thereof) regulating water closets or urinals other than those to which section 325(k) is applicable”;

13. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(2)(D) · 106 Stat. 2776

    Added · 42 U.S.C. § 6297(b)(7)

    Pub. L. 102–486, § 123(h)(2)(D)–(F), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 102–486, § 123(h)(2)(D)–(F), added par. (7).

    Enacted provision · exact public law section
    (D) in paragraph (5), by striking out “or”;

14. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(3)(A) · 106 Stat. 2776

    1. Inserted · 42 U.S.C. § 6297(c)

       Pub. L. 102–486, § 123(h)(3)(A), inserted “, subparagraphs (B) and (C) of section 6295(j)(3) of this title, and subparagraphs (B) and (C) of section 6295(k)(3) of this title” after “section 6295(b)(3)(A)(ii) of this title”

    2. Substituted · 42 U.S.C. § 6297(c)

       Pub. L. 102–486, § 123(h)(3)(A), substituted “, energy use, or water use” for “or energy use”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–486, § 123(h)(3)(A), inserted “, subparagraphs (B) and (C) of section 6295(j)(3) of this title, and subparagraphs (B) and (C) of section 6295(k)(3) of this title” after “section 6295(b)(3)(A)(ii) of this title” and substituted “, energy use, or water use” for “or energy use”.

    Enacted provision · exact public law section
    (A) in the material preceding paragraph (1)— (i) by inserting “, subparagraphs (B) and (C) of section 325(j)(3), and subparagraphs (B) and (C) of section 325(k)(3)” after “section 325(b)(3)(A)(ii)”; and (ii) by striking out “or energy use” and inserting in lieu thereof the following: “, energy use, or water use”;

15. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(3)(B) · 106 Stat. 2776

    Inserted · 42 U.S.C. § 6297(c)(1)

    Pub. L. 102–486, § 123(h)(3)(B) inserted before semicolon at end “, except that a State regulation (or portion thereof) regulating fluorescent or incandescent lamps other than those for which section 6295(i) of this title is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary and is applicable to such lamps”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–486, § 123(h)(3)(B) inserted before semicolon at end “, except that a State regulation (or portion thereof) regulating fluorescent or incandescent lamps other than those for which section 6295(i) of this title is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary and is applicable to such lamps”.

    Enacted provision · exact public law section
    (B) in paragraph (1), by inserting before the semicolon at the end the following: “, except that a State regulation (or portion thereof) regulating fluorescent or incandescent lamps other than those for which section 325(i) is applicable shall be effective only until the effective date of a standard that is prescribed by the Secretary and is applicable to such lamps”;

16. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(3)(C) · 106 Stat. 2776

    Added · 42 U.S.C. § 6297(c)(4)(6)

    Pub. L. 102–486, § 123(h)(3)(C)–(E), added pars. (4) to (6)

    Source evidence

    Code amendment note
    Subsec. (c)(4) to (6). Pub. L. 102–486, § 123(h)(3)(C)–(E), added pars. (4) to (6).

    Enacted provision · exact public law section
    (C) in paragraph (2), by striking out “or”;

17. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(4)(A) · 106 Stat. 2776

    1. Inserted · 42 U.S.C. § 6297(d)(1)(A)

       Pub. L. 102–486, § 123(h)(4)(A), inserted “or river basin commission” after “Any State”

    2. Substituted · 42 U.S.C. § 6297(d)(1)(A)

       Pub. L. 102–486, § 123(h)(4)(A), substituted “, energy efficiency, or water use” for “or energy efficiency”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 102–486, § 123(h)(4)(A), inserted “or river basin commission” after “Any State” and substituted “, energy efficiency, or water use” for “or energy efficiency”.

    Enacted provision · exact public law section
    (A) in subparagraph (A)— (i) by inserting “or river basin commission” after “Any State”; and (ii) by striking out “or energy efficiency” and inserting in lieu thereof “, energy efficiency, or water use”;

18. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(4)(B) · 106 Stat. 2776

    1. Substituted · 42 U.S.C. § 6297(d)(1)(B)

       Pub. L. 102–486, § 123(h)(4)(B), substituted “State or river basin commission has” for “State has”

    2. Inserted · 42 U.S.C. § 6297(d)(1)(B)

       Pub. L. 102–486, § 123(h)(4)(B), inserted “or water” after “energy”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B). Pub. L. 102–486, § 123(h)(4)(B), substituted “State or river basin commission has” for “State has” and inserted “or water” after “energy”.

    Enacted provision · exact public law section
    (B) in subparagraph (B)— (i) by striking out “State has” and inserting “State or river basin commission has”; and (ii) by inserting “or water” after “energy”;

19. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(4)(C) · 106 Stat. 2776

    Inserted · 42 U.S.C. § 6297(d)(1)(C)

    Pub. L. 102–486, § 123(h)(4)(C), in introductory provisions and cl. (ii) inserted “or water” after “energy” wherever appearing and in closing provisions inserted before period at end “, and, with respect to a State regulation for which a petition has been submitted to the Secretary which provides for any energy conservation standard or requirement with respect to water use of a covered product, within the context of the water supply and groundwater management plan, water quality program, and comprehensive plan (if any) of the State or river basin commission for improving, developing, or conserving a waterway affected by water supply development”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(C). Pub. L. 102–486, § 123(h)(4)(C), in introductory provisions and cl. (ii) inserted “or water” after “energy” wherever appearing and in closing provisions inserted before period at end “, and, with respect to a State regulation for which a petition has been submitted to the Secretary which provides for any energy conservation standard or requirement with respect to water use of a covered product, within the context of the water supply and groundwater management plan, water quality program, and comprehensive plan (if any) of the State or river basin commission for improving, developing, or conserving a waterway affected by water supply development”.

    Enacted provision · exact public law section
    (C) in subparagraph (C)— (i) in the material preceding clause (i) and in clause (ii), by inserting “or water” after “energy” each place it appears; and (ii) by inserting before the period at the end the following: “, and, with respect to a State regulation for which a petition has been submitted to the Secretary which provides for any energy conservation standard or requirement with respect to water use of a covered product, within the context of the water supply and groundwater management plan, water quality program, and comprehensive plan (if any) of the State or river basin commission for improving, developing, or conserving a waterway affected by water supply development”; and

20. 1992

    Energy Policy Act of 1992

    Pub. L. 102–486 § 123(h)(5) · 106 Stat. 2776

    1. Added · 42 U.S.C. § 6297(d)(5)(B)(i)

       Pub. L. 102–486, § 123(h)(5), added cl. (i)

    2. Struck · 42 U.S.C. § 6297(d)(5)(B)(i)

       Pub. L. 102–486, § 123(h)(5), struck out former cl. (i) which read as follows: “an energy emergency condition exists within the State which—

    Source evidence

    Code amendment note
    Subsec. (d)(5)(B)(i). Pub. L. 102–486, § 123(h)(5), added cl. (i) and struck out former cl. (i) which read as follows: “an energy emergency condition exists within the State which—

    “(I) imperils the health, safety, and welfare of its residents because of the inability of the State or utilities within the State to provide adequate quantities of gas or electric energy to its residents at less than prohibitive costs; and “(II) cannot be substantially alleviated by the importation of energy or the use of interconnection agreements; and”.

    Enacted provision · exact public law section
    (5) in subsection (d)(5)(B), by striking clause (i) and inserting the following: “(i) there exists within the State an energy emergency condition or, if the State regulation provides for an energy conservation standard or other requirement with respect to the water use of a covered product for which there is a Federal energy conservation standard under subsection (j) or (k) of section 325, a water emergency condition, which— “(I) imperils the health, safety, and welfare of its residents because of the inability of the State or utilities within the State to provide adequate quantities of gas or electric energy or, in the case of a water emergency condition, water or wastewater treatment, to its residents at less than prohibitive costs; and “(II) cannot be substantially alleviated by the importation of energy or, in the case of a water emergency condition, by the importation of water, or by the use of interconnection agreements; and”.

21. 2005

    Energy Policy Act of 2005

    Pub. L. 109–58 title I § 135(d) · 119 Stat. 594

    Added · 42 U.S.C. § 6297(c)(7); 42 U.S.C. § 6297(c)(8)

    Pub. L. 109–58 added pars. (7) and (8)

    Source evidence

    Code amendment note
    Subsec. (c)(7), (8). Pub. L. 109–58 added pars. (7) and (8).

    Enacted provision · exact public law section
    (d) General Rule of Preemption.— Section 327(c) of the Energy Policy and Conservation Act (42 U.S.C. 6297(c)) is amended— (1) in paragraph (5), by striking “or” at the end; (2) in paragraph (6), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(7) (A) is a regulation concerning standards for commercial prerinse spray valves adopted by the California Energy Commission before January 1, 2005; or “(B) is an amendment to a regulation described in subparagraph (A) that was developed to align California regulations with changes in American Society for Testing and Materials Standard F2324; “(8) (A) is a regulation concerning standards for pedestrian modules adopted by the California Energy Commission before January 1, 2005; or “(B) is an amendment to a regulation described in subparagraph (A) that was developed to align California regulations to changes in the Institute for Transportation Engineers standards, entitled ‘Performance Specification: Pedestrian Traffic Control Signal Indications’.” .

22. 2007

    Energy Independence and Security Act of 2007

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

    1. Amended · 42 U.S.C. § 6297(b)(1)

       Pub. L. 110–140, § 321(d), designated existing provisions as subpar. (A)

    2. Added · 42 U.S.C. § 6297(b)(1)

       Pub. L. 110–140, § 321(d), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–140, § 321(d), designated existing provisions as subpar. (A) and added subpar. (B).

    Enacted provision · exact public law section
    (d) General Rule of Preemption for Energy Conservation Standards Before Federal Standard Becomes Effective for a Product.— Section 327(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)) is amended— (1) by inserting “(A)” after “(1)”; (2) by inserting “or” after the semicolon at the end; and (3) by adding at the end the following: “(B) California. Nevada. in the case of any portion of any regulation that establishes requirements for general service incandescent lamps, intermediate base incandescent lamps, or candelabra base lamps, was enacted or adopted by the State of California or Nevada before December 4, 2007, except that— “(i) the regulation adopted by the California Energy Commission with an effective date of January 1, 2008, shall only be effective until the effective date of the Federal standard for the applicable lamp category under subparagraphs (A), (B), and (C) of section 325(i)(1); “(ii) the States of California and Nevada may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards with effective dates no earlier than 12 months prior to the Federal effective dates prescribed under subparagraphs (A), (B), and (C) of section 325(i)(1), at which time any prior regulations adopted by the State of California or Nevada shall no longer be effective; and “(iii) all other States may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards and effective dates.” .

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

23. 2007

    Energy Independence and Security Act of 2007

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

    Added · 42 U.S.C. § 6297(c)(9)

    Pub. L. 110–140, § 324(f), added par. (9)

    Source evidence

    Code amendment note
    Subsec. (c)(9). Pub. L. 110–140, § 324(f), added par. (9).

    Enacted provision · exact public law section
    (f) Effect on Other Law.— Section 327(c) of the Energy Policy and Conservation Act (42 U.S.C. 6297(c)) is amended— (1) in paragraph (8)(B), by striking the period at the end and inserting “; and”; and (2) by adding at the end the following: “(9) is a regulation concerning metal halide lamp fixtures adopted by the California Energy Commission on or before January 1, 2011, except that— “(A) Deadlines. if the Secretary fails to issue a final rule within 180 days after the deadlines for rulemakings in section 325(hh), notwithstanding any other provision of this section, preemption shall not apply to a regulation concerning metal halide lamp fixtures adopted by the California Energy Commission— “(i) on or before July 1, 2015, if the Secretary fails to meet the deadline specified in section 325(hh)(2); or “(ii) on or before July 1, 2022, if the Secretary fails to meet the deadline specified in section 325(hh)(3).” .

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

24. 2012

    American Energy Manufacturing Technical Corrections Act

    Pub. L. 112–210 § 10(a)(9) · 126 Stat. 1514

    1. Inserted · 42 U.S.C. § 6297(b)(1)(B)

       Pub. L. 112–210 inserted “and” after the semicolon in cl. (i)

    2. Substituted · 42 U.S.C. § 6297(b)(1)(B)

       Pub. L. 112–210 substituted a period for “; and” in cl. (ii)

    3. Struck · 42 U.S.C. § 6297(b)(1)(B)

       Pub. L. 112–210 struck out cl. (iii) which read as follows: “all other States may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards and effective dates.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 112–210 inserted “and” after the semicolon in cl. (i), substituted a period for “; and” in cl. (ii), and struck out cl. (iii) which read as follows: “all other States may, at any time, modify or adopt a State standard for general service lamps to conform with Federal standards and effective dates.”

    Enacted provision · exact public law section
    (9) Section 327(b)(1)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by section 321(d)(3) of the Energy Independence and Security Act of 2007 (121 Stat. 1585)) is amended— (A) in clause (i), by inserting “and” after the semicolon at the end; (B) in clause (ii), by striking “; and” and inserting a period; and (C) by striking clause (iii).

    Effective date note
    Amendment by Pub. L. 112–210 effective as if included in the Energy Independence and Security Act of 2007, Pub. L. 110–140, see section 10(a)(13) of Pub. L. 112–210, set out as a note under section 6291 of this title.

33 of 33 references resolved to an enrolled provision