
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6297]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
  Part A--Energy Conservation Program for Consumer Products Other Than 
                               Automobiles
 
Sec. 6297. Effect on other law


(a) Preemption of testing and labeling requirements

    (1) Effective on March 17, 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 or water use of any covered product if--
        (A) such State regulation requires testing or the use of any 
    measure of energy consumption, water use, or energy descriptor in 
    any manner other than that provided under section 6293 of this 
    title; or
        (B) such State regulation requires disclosure of information 
    with respect to the energy use, energy efficiency, or water use of 
    any covered product other than information required under section 
    6294 of this title.

    (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 1962b(a) of this 
        title.

(b) General rule of preemption for energy conservation standards before 
        Federal standard becomes effective for product

    Effective on March 17, 1987, and ending on the effective date of an 
energy conservation standard established under section 6295 of this 
title for any covered product, no State regulation, or revision thereof, 
concerning the energy efficiency, energy use, or water 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, 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, 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;
        (2) is a State procurement regulation described in subsection 
    (e) of this section;
        (3) is a regulation described in subsection (f)(1) of this 
    section or is prescribed or enacted in a building code for new 
    construction described in subsection (f)(2) of this section;
        (4) is a regulation prohibiting the use in pool heaters of a 
    constant burning pilot, 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, 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;
        (5) is a regulation described in subsection (d)(5)(B) of this 
    section for which a waiver has been granted under subsection (d) of 
    this section;
        (6) is a regulation effective on or after January 1, 1992, 
    concerning the energy efficiency or energy use of television sets; 
    or
        (7) is a regulation (or portion thereof) concerning the water 
    efficiency or water use of low consumption flushometer valve water 
    closets.

(c) General rule of preemption for energy conservation standards when 
        Federal standard becomes effective for product

    Except as provided in section 6295(b)(3)(A)(ii) of this title, 
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 and 
effective on the effective date of an energy conservation standard 
established in or prescribed under section 6295 of this title for any 
covered product, no State regulation concerning the energy efficiency, 
energy use, or water 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) of this section, 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, 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;
        (2) is a regulation which has been granted a waiver under 
    subsection (d) of this section;
        (3) is in a building code for new construction described in 
    subsection (f)(3) of this section;
        (4) is a regulation concerning the water use of lavatory faucets 
    adopted by the State of New York or the State of Georgia before 
    October 24, 1992;
        (5) is a regulation concerning the water use of lavatory or 
    kitchen faucets adopted by the State of Rhode Island prior to 
    October 24, 1992; or
        (6) is a regulation (or portion thereof) concerning the water 
    efficiency or water use of gravity tank-type low consumption water 
    closets for installation in public places, except that such a 
    regulation shall be effective only until January 1, 1997.

(d) Waiver of Federal preemption

    (1)(A) Any State or river basin commission with a State regulation 
which provides for any energy conservation standard or other requirement 
with respect to energy use, energy efficiency, or water use for any type 
(or class) of covered product for which there is a Federal energy 
conservation standard under section 6295 of this title 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 or 
river basin commission has established by a preponderance of the 
evidence that such State regulation is needed to meet unusual and 
compelling State or local energy or water interests.
    (C) For purposes of this subsection, the term ``unusual and 
compelling State or local energy or water 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 or water 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 or water 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, 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.
    (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 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 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 section 6295 of this title 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) 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 6295 of this title, 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

            (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 6295 of this title, 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 6295 of this title 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 6295 of this title 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) of this section,

whichever is higher.
    (3) Effective on the effective date of an energy conservation 
standard for a covered product established in or prescribed under 
section 6295 of this title, 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 6295 of this 
    title, 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) 
    of this section.
        (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 6295 of this title 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 6295 of this title, 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) of this section.
        (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 prescribed under 
    section 6293 of this title, 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 6293 of this title 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 
established in or prescribed under section 6295 of this title and the 
applicable standard of such State, if any, that has been granted a 
waiver under subsection (d) of this section, such requirement of the 
building code shall not be applicable unless the Secretary has granted a 
waiver for such requirement under subsection (d) of this section.

(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.

(Pub. L. 94-163, title III, Sec. 327, Dec. 22, 1975, 89 Stat. 926; Pub. 
L. 95-619, title IV, Sec. 424, Nov. 9, 1978, 92 Stat. 3263; Pub. L. 100-
12, Sec. 7, Mar. 17, 1987, 101 Stat. 117; Pub. L. 100-357, Sec. 2(f), 
June 28, 1988, 102 Stat. 674; Pub. L. 102-486, title I, Sec. 123(h), 
Oct. 24, 1992, 106 Stat. 2829.)


                               Amendments

    1992--Subsec. (a)(1). Pub. L. 102-486, Sec. 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''.
    Subsec. (a)(2). Pub. L. 102-486, Sec. 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.''
    Subsec. (b). Pub. L. 102-486, Sec. 123(h)(2)(A), substituted ``, 
energy use, or water use of the covered product'' for ``or energy use of 
the covered product''.
    Subsec. (b)(1). Pub. L. 102-486, Sec. 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''.
    Subsec. (b)(4). Pub. L. 102-486, Sec. 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''.
    Subsec. (b)(7). Pub. L. 102-486, Sec. 123(h)(2)(D)-(F), added par. 
(7).
    Subsec. (c). Pub. L. 102-486, Sec. 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'' of this title.
    Subsec. (c)(1). Pub. L. 102-486, Sec. 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''.
    Subsec. (c)(4) to (6). Pub. L. 102-486, Sec. 123(h)(3)(C)-(E), added 
pars. (4) to (6).
    Subsec. (d)(1)(A). Pub. L. 102-486, Sec. 123(h)(4)(A), inserted ``or 
river basin commission'' after ``Any State'' and substituted ``, energy 
efficiency, or water use'' for ``or energy efficiency''.
    Subsec. (d)(1)(B). Pub. L. 102-486, Sec. 123(h)(4)(B), substituted 
``State or river basin commission has'' for ``State has'' and inserted 
``or water'' after ``energy''.
    Subsec. (d)(1)(C). Pub. L. 102-486, Sec. 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''.
    Subsec. (d)(5)(B)(i). Pub. L. 102-486, Sec. 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''.
    1988--Subsec. (b)(1). Pub. L. 100-357, Sec. 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''.
    Subsec. (b)(4). Pub. L. 100-357, Sec. 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''.
    Subsec. (c)(1). Pub. L. 100-357, Sec. 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''.
    1987--Pub. L. 100-12 amended section generally, revising and 
restating as subsecs. (a) to (g) provisions formerly contained in 
subsecs. (a) to (e).
    1978--Subsec. (a)(2). Pub. L. 95-619, Sec. 424(b), substituted 
``other requirement'' for ``similar requirement''.
    Subsec. (b). Pub. L. 95-619, Sec. 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).

                  Section Referred to in Other Sections

    This section is referred to in sections 6293, 6295, 6306, 6316 of 
this title.
