
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: 42USC6316]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
                 Part A-1--Certain Industrial Equipment
 
Sec. 6316. Administration, penalties, enforcement, and 
        preemption
        
    (a) The provisions of section 6296(a), (b), and (d) of this title, 
the provisions of subsections (l) through (s) of section 6295 of this 
title, and section \1\ 6297 through 6306 of this title shall apply with 
respect to this part (other than the equipment specified in 
subparagraphs (B), (C), (D), (E), and (F) of section 6311(1) of this 
title) to the same extent and in the same manner as they apply in part A 
of this subchapter. In applying such provisions for the purposes of this 
part--
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    \1\ So in original. Probably should be ``sections''.
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        (1) references to sections 6293, 6294, and 6295 of this title 
    shall be considered as references to sections 6314, 6315, and 6313 
    of this title, respectively;
        (2) references to ``this part'' shall be treated as referring to 
    part A-1 of this subchapter;
        (3) the term ``equipment'' shall be substituted for the term 
    ``product'';
        (4) the term ``Secretary'' shall be substituted for 
    ``Commission'' each place it appears (other than in section 6303(c) 
    of title);
        (5) section 6297(a) of this title shall be applied, in the case 
    of electric motors, as if the National Appliance Energy Conservation 
    Act of 1987 was the Energy Policy Act of 1992;
        (6) section 6297(b)(1) of this title shall be applied as if 
    electric motors were fluorescent lamp ballasts and as if the 
    National Appliance Energy Conservation Amendments of 1988 were the 
    Energy Policy Act of 1992;
        (7) section 6297(b)(4) of this title shall be applied as if 
    electric motors were fluorescent lamp ballasts and as if paragraph 
    (5) of section 6295(g) of this title were section 6313 of this 
    title; and
        (8) notwithstanding any other provision of law, a regulation or 
    other requirement adopted by a State or subdivision of a State 
    contained in a State or local building code for new construction 
    concerning the energy efficiency or energy use of an electric motor 
    covered under this part is not superseded by the standards for such 
    electric motor established or prescribed under section 6313(b) of 
    this title if such regulation or requirement is identical to the 
    standards established or prescribed under such section.

    (b)(1) The provisions of section 6296(a), (b), and (d) of this 
title, section 6297(a) of this title, and sections 6298 through 6306 of 
this title shall apply with respect to the equipment specified in 
subparagraphs (B), (C), (D), (E), and (F) of section 6311(1) of this 
title to the same extent and in the same manner as they apply in part B 
of this subchapter. In applying such provisions for the purposes of such 
equipment, paragraphs (1), (2), (3), and (4) of subsection (a) of this 
section shall apply.
    (2)(A) A standard prescribed or established under section 6313(a) of 
this title shall, beginning on the effective date of such standard, 
supersede any State or local regulation concerning the energy efficiency 
or energy use of a product for which a standard is prescribed or 
established pursuant to such section.
    (B) Notwithstanding subparagraph (A), a standard prescribed or 
established under section 6313(a) of this title shall not supersede a 
standard for such a product contained in a State or local building code 
for new construction if--
        (i) the standard in the building code does not require that the 
    energy efficiency of such product exceed the applicable minimum 
    energy efficiency requirement in amended ASHRAE/IES Standard 90.1; 
    and
        (ii) the standard in the building code does not take effect 
    prior to the effective date of the applicable minimum energy 
    efficiency requirement in amended ASHRAE/IES Standard 90.1.

    (C) Notwithstanding subparagraph (A), a standard prescribed or 
established under section 6313(a) of this title shall not supersede the 
standards established by the State of California set forth in Table C-6, 
California Code of Regulations, Title 24, Part 2, Chapter 2-53, for 
water-source heat pumps below 135,000 Btu per hour (cooling capacity) 
that become effective on January 1, 1993.
    (D) Notwithstanding subparagraph (A), a standard prescribed or 
established under section 6313(a) of this title shall not supersede a 
State regulation which has been granted a waiver by the Secretary. The 
Secretary may grant a waiver pursuant to the terms, conditions, 
criteria, procedures, and other requirements specified in section 
6297(d) of this title.
    (c) With respect to any electric motor to which standards are 
applicable under section 6313(b) of this title, the Secretary shall 
require manufacturers to certify, through an independent testing or 
certification program nationally recognized in the United States, that 
such motor meets the applicable standard.

(Pub. L. 94-163, title III, Sec. 345, as added Pub. L. 95-619, title IV, 
Sec. 441(a), Nov. 9, 1978, 92 Stat. 3272; amended Pub. L. 102-486, title 
I, Sec. 122(e), Oct. 24, 1992, 106 Stat. 2815; Pub. L. 105-388, 
Sec. 5(a)(7), Nov. 13, 1998, 112 Stat. 3478.)

                       References in Text

    The National Appliance Energy Conservation Act of 1987, referred to 
in subsec. (a)(5), is Pub. L. 100-12, Mar. 17, 1987, 101 Stat. 103. For 
complete classification of this Act to the Code, see Short Title of 1987 
Amendment note set out under section 6201 of this title and Tables.
    The Energy Policy Act of 1992, referred to in subsec. (a)(5), (6), 
is Pub. L. 102-486, Oct. 24, 1992, 106 Stat. 2776. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 13201 of this title and Tables.
    The National Appliance Energy Conservation Amendments of 1988, 
referred to in subsec. (a)(6), is Pub. L. 100-357, June 28, 1988, 102 
Stat. 671. For complete classification of this Act to the Code, see 
Short Title of 1988 Amendments note set out under section 6201 of this 
title and Tables.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-388 inserted ``standard'' after 
``meets the applicable''.
    1992--Pub. L. 102-486, Sec. 122(e)(3), substituted ``enforcement, 
and preemption'' for ``and enforcement'' in section catchline.
    Subsec. (a). Pub. L. 102-486, Sec. 122(e)(1)(A), inserted ``(other 
than the equipment specified in subparagraphs (B), (C), (D), (E), and 
(F) of section 6311(l) of this title)'' after ``to this part'' and 
substituted ``, the provisions of subsections (l) through (s) of section 
6295 of this title, and section 6297'' for ``and sections 6298''.
    Subsec. (a)(1). Pub. L. 102-486, Sec. 122(e)(1)(B), substituted ``, 
6294, and 6295 of this title'' for ``and 6294 of this title'' and 
``6314, 6315, and 6313 of this title, respectively'' for ``6314 and 6315 
of this title, respectively''.
    Subsec. (a)(5) to (8). Pub. L. 102-486, Sec. 122(e)(1)(C)-(E), added 
pars. (5) to (8).
    Subsecs. (b), (c). Pub. L. 102-486, Sec. 122(e)(2), added subsecs. 
(b) and (c).
