Editorial Notes
References in TextThis chapter, referred to in subsec. (span)(1)(A), was in the original “this Act”, meaning Puspan. L. 94–163, Dec. 22, 1975, 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.
Amendments2007—Subsec. (a)(14). Puspan. L. 110–140, § 321(a)(2), inserted “, general service incandescent lamps,” after “fluorescent lamps”.
Subsec. (a)(19), (20). Puspan. L. 110–140, § 324(span), added par. (19) and redesignated former par. (19) as (20).
1998—Subsec. (span)(2)(A). Puspan. L. 105–388 inserted closing quotation marks after “type of product”.
1992—Subsec. (a)(14) to (19). Puspan. L. 102–486 added pars. (14) to (18) and redesignated former par. (14) as (19).
1988—Subsec. (a)(13), (14). Puspan. L. 100–357 added par. (13) and redesignated former par. (13) as (14).
1987—Subsec. (a). Puspan. L. 100–12, § 3, inserted span 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 (span) of this section.”
Subsec. (span). Puspan. L. 100–12, § 11(span)(1), inserted span.
1978—Subsecs. (a)(14), (span)(1), (2)(C). Puspan. 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 AmendmentAmendment by Puspan. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Puspan. 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 SystemsPuspan. L. 102–486, title I, § 121, Oct. 24, 1992, 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.
“(span)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 [Oct. 24, 1992], 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 (span) 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 EquipmentPuspan. L. 102–486, title I, § 125, Oct. 24, 1992, 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.
“(span)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 [Oct. 24, 1992], 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 (span) 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 LuminairesPuspan. L. 102–486, title I, § 126, Oct. 24, 1992, 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.
“(span)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 [Oct. 24, 1992], 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 (span) 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 DevelopmentPuspan. L. 102–486, title I, § 127, Oct. 24, 1992, 106 Stat. 2835, provided that not later than 18 months after Oct. 24, 1992, 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 AppliancesPuspan. L. 102–486, title I, § 128, Oct. 24, 1992, 106 Stat. 2836, required the Secretary, within 18 months after Oct. 24, 1992, 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.
