H.R. 4626

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4626 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
2d Session
H. R. 4626

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

February 25, 2026

Received; read twice and referred to the Committee on Energy and 
Natural Resources

_______________________________________________________________________

AN ACT

To amend the Energy Policy and Conservation Act to prohibit the 
Secretary of Energy from prescribing any new or amended energy 
conservation standard for a product that is not technologically 
feasible and economically justified, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Home Appliance Protection and 
Affordability Act''.

SEC. 2. PRESCRIBING NEW OR AMENDED ENERGY CONSERVATION STANDARDS.

(a) Amendment of Standards.--
(1) In general.--Section 325(m)(1) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(m)(1)) is amended to read as 
follows:
``(1) In general.--The Secretary may, for any product, 
publish a notice of proposed rulemaking including new proposed 
standards for such product based on the criteria established 
under subsection (o) and the procedures established under 
subsection (p).''.
(2) Amendment of standard.--Section 325(m)(3) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(m)(3)) is amended 
to read as follows:
``(3) Amendment of standard.--Not later than 2 years after 
a notice is issued under paragraph (1), the Secretary shall 
publish a final rule amending the standard for the product.''.
(3) Application to products.--Section 325(m)(4) of the 
Energy Policy and Conservation Act (42 U.S.C. 6295(m)(4)) is 
amended to read as follows:
``(4) Application to products.--An amendment prescribed 
under this subsection shall apply to a product that is 
manufactured after the date that is 5 years after publication 
of the final rule establishing an applicable standard.''.
(b) Petition for Amended Standard.--Section 325(n) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(n)) is amended--
(1) in the subsection heading, by striking ``an Amended 
Standard'' and inserting ``Amendment or Revocation of 
Standard'';
(2) in paragraph (1), by inserting ``or revoked'' after 
``should be amended'';
(3) by amending paragraph (2) to read as follows:
``(2) The Secretary shall grant a petition to determine if 
standards for a covered product should be amended or revoked if the 
Secretary finds that such petition contains evidence, assuming no other 
evidence were considered, that such standards--
``(A) result in additional costs to consumers;
``(B) do not result in significant conservation of energy 
or water;
``(C) are not technologically feasible; and
``(D) result in such covered product not being commercially 
available in the United States to all consumers.'';
(4) in paragraph (4)--
(A) by striking ``New or amended standards.'' and 
inserting ``New, amended, or revoked standards.'';
(B) by redesignating subparagraphs (A) and (B) as 
clauses (i) and (ii), respectively (and by conforming 
the margins accordingly);
(C) by striking ``Not later than 3 years'' and 
inserting the following:
``(A) Not later than 3 years''; and
(D) by adding at the end the following:
``(B) Not later than 180 days after the date of 
granting a petition to revoke standards, the Secretary 
shall publish in the Federal Register--
``(i) a final rule revoking the standards; 
or
``(ii) a determination that it is not 
necessary to revoke the standards.
``(C) The grant of a petition by the Secretary 
under this subsection creates no presumption with 
respect to the Secretary's determination of any of the 
criteria in a rulemaking under this section.
``(D) Standards that have been revoked pursuant to 
subparagraph (B) shall be considered to be in effect 
for purposes of section 327.''; and
(5) in paragraph (5)(B), by striking ``3 years (for 
refrigerators, refrigerator-freezers, and freezers, room air 
conditioners, dishwashers, clothes washers, clothes dryers, 
fluorescent lamp ballasts, general service fluorescent lamps, 
incandescent reflector lamps, and kitchen ranges and ovens) or 
5 years (for central air conditioners and heat pumps, water 
heaters, pool heaters, direct heating equipment and furnaces)'' 
and inserting ``5 years'';
(c) Criteria.--Section 325(o) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(o)) is amended by amending paragraphs (2) and (3) 
to read as follows:
``(2) Requirements.--
``(A) Design.--Any new or amended energy 
conservation standard prescribed by the Secretary under 
this section for any type (or class) of covered product 
shall be designed to achieve the maximum improvement 
in, as applicable, energy efficiency or water 
efficiency, which the Secretary determines is 
technologically feasible and economically justified.
``(B) Test procedures.--If the Secretary determines 
that a test procedure should be prescribed or amended 
in accordance with section 323 for a type (or class) of 
covered product, the Secretary may not prescribe a new 
or amended energy conservation standard under this 
section for such type (or class) of covered product 
unless the Secretary has prescribed or amended (and 
published in the Federal Register) a test procedure for 
such type (or class) of covered product at least 180 
days before publishing a notice of proposed rulemaking 
with respect to the new or amended energy conservation 
standard.
``(C) Significant conservation.--The Secretary may 
not prescribe a new or amended energy conservation 
standard under this section for a type (or class) of 
covered product if the Secretary determines that the 
establishment and imposition of such energy 
conservation standard will not result in significant 
conservation of, as applicable, energy or water.
``(D) Technologically feasible and economically 
justified.--The Secretary may not prescribe a new or 
amended energy conservation standard under this section 
for a type (or class) of covered product unless the 
Secretary determines that the establishment and 
imposition of such energy conservation standard is 
technologically feasible and economically justified.
``(E) Disclosure.--The Secretary may not prescribe 
a new or amended energy conservation standard under 
this section for a type (or class) of covered product 
unless the Secretary, not later than the date on which 
the standard is prescribed, publicly discloses each 
meeting held by the Secretary, during the 5-year period 
preceding such date, with any entity that--
``(i) has ties to the People's Republic of 
China or the Chinese Communist Party;
``(ii) has produced studies regarding, or 
advocated for, regulations or policy to limit, 
restrict, or ban the use of any type of energy; 
and
``(iii) has applied for or received Federal 
funds.
``(3) Factors for determination.--
``(A) Economic analysis.--
``(i) Determination.--Prior to prescribing 
any new or amended energy conservation standard 
under this section for any type (or class) of 
covered product, the Secretary shall conduct a 
quantitative economic impact analysis of 
imposition of the energy conservation standard 
that determines the predicted--
``(I) effects of imposition of the 
energy conservation standard on costs 
and monetary benefits to consumers of 
the products subject to such energy 
conservation standard, including--
``(aa) costs to low-income 
households; and
``(bb) variations in costs 
to consumers based on 
differences in regions, 
including rural populations, 
cost of living comparisons, and 
climatic differences;
``(II) effects of imposition of the 
energy conservation standard on 
employment; and
``(III) lifecycle costs for the 
covered product, including costs 
associated with the purchase, 
installation, maintenance, disposal, 
and replacement of the covered product.
``(ii) Notice and comment.--The Secretary 
shall provide public notice in the Federal 
Register and at least 60 days for public 
comment on the quantitative economic impact 
analysis conducted under clause (i).
``(B) Prohibition on additional costs to the 
consumer.--The Secretary may not determine that 
imposition of an energy conservation standard is 
economically justified unless the Secretary, based on 
an economic analysis under subparagraph (A), determines 
that--
``(i) imposition of such energy 
conservation standard is not likely to result 
in additional net costs to the consumer, 
including any increase in net costs associated 
with the purchase, installation, maintenance, 
disposal, and replacement of the covered 
product; and
``(ii) the monetary value of the energy 
savings and, as applicable, water savings, that 
the consumer will receive as a result of such 
energy conservation standard during the first 3 
years after purchasing and installing a covered 
product complying with such energy conservation 
standard, as calculated under the applicable 
test procedure, will be greater than any 
increased costs to the consumer of the covered 
product due to imposition of such energy 
conservation standard, including increased 
costs associated with the purchase, 
installation, maintenance, disposal, and 
replacement of the covered product.
``(C) Required energy or water savings.--The 
Secretary may not determine that imposition of an 
energy conservation standard is economically justified 
unless the Secretary determines that compliance with 
such energy conservation standard will result in--
``(i) a reduction of at least 0.3 quads of 
site energy over 30 years; or
``(ii) at least a 10 percent reduction in 
energy or water use of the covered product.
``(D) Criteria related to performance.--The 
Secretary may not determine that imposition of an 
energy conservation standard is economically justified 
unless the Secretary determines that imposition of such 
energy conservation standard will not result in any 
lessening of the utility or the performance of the 
applicable covered product, taking into consideration 
the effects of such energy conservation standard on--
``(i) the compatibility of the covered 
product with existing systems;
``(ii) the life span of the covered 
product;
``(iii) the operating conditions of the 
covered product;
``(iv) the duty cycle, charging time, and 
run time of the covered product, as applicable;
``(v) the maintenance requirements of the 
covered product; and
``(vi) the replacement and disposal 
requirements for the covered product.
``(E) Technological innovation.--The Secretary may 
not determine that imposition of an energy conservation 
standard is economically justified unless the Secretary 
determines that imposition of such energy conservation 
standard is not likely to result in the unavailability 
in the United States of a type (or class) of products 
based on what type of fuel the product consumes.
``(F) Other considerations.--
``(i) In general.--In determining whether 
imposition of an energy conservation standard 
is economically justified, the Secretary--
``(I) shall prioritize the 
interests of consumers;
``(II) may not consider estimates 
of the social costs or social benefits 
associated with incremental greenhouse 
gas emissions; and
``(III) shall consider--
``(aa) the economic impact, 
including any regulatory 
burden, of the standard on the 
manufacturers and on the 
consumers of the products 
subject to such standard;
``(bb) the savings in 
operating costs, including 
consumer fuel costs, throughout 
the estimated average life of 
the covered product in the type 
(or class) compared to any 
increase in the price of, or in 
the initial charges for, or 
maintenance expenses of, the 
covered products which are 
likely to result from the 
imposition of the standard;
``(cc) the total projected 
amount of energy, or, as 
applicable, water, savings 
likely to result directly from 
the imposition of the standard;
``(dd) the need for 
national energy and water 
conservation;
``(ee) the impact of any 
lessening of market 
competition, as determined in 
writing by the Attorney General 
under clause (ii), that is 
likely to result from the 
imposition of the standard;
``(ff) whether the 
imposition of the energy 
conservation standard is likely 
to result price discrimination; 
and
``(gg) other factors the 
Secretary considers relevant.
``(ii) Attorney general determination.--For 
purposes of clause (i)(III)(ee), the Attorney 
General shall make a determination of the 
impact, if any, of any lessening of market 
competition likely to result from such standard 
and shall transmit such determination, not 
later than 60 days after the publication of a 
proposed rule prescribing or amending an energy 
conservation standard, in writing to the 
Secretary, together with an analysis of the 
nature and extent of such impact. Any such 
determination and analysis shall be published 
by the Secretary in the Federal Register.
``(G) Regulatory review.--
``(i) Evaluation.--Not later than 2 years after the 
issuance of any final rule prescribing a new or amended 
energy conservation standard under this section for any 
type (or class) of covered product, the Secretary shall 
evaluate the rule to determine whether such energy 
conservation standard is technologically feasible and 
economically justified and whether the regulatory 
impact analysis for such rule remains accurate.
``(ii) Effect.--Notwithstanding any other provision 
of this part, if the Secretary determines, based on an 
evaluation under clause (i), that an energy 
conservation standard is not technologically feasible 
or economically justified--
``(I) the Secretary shall publish such 
determination and such energy conservation 
standard shall have no force or effect (except 
that such energy conservation standard shall be 
considered to be in effect for purposes of 
section 327); and
``(II) the Secretary may publish a final 
rule amending the energy conservation standard 
for the type (or class) of covered product to 
be technologically feasible and economically 
justified in accordance with this subsection, 
which amendment shall apply to such a product 
that is manufactured after the date that is 3 
years after publication of such final rule.''.
(d) Applicability of Regional Standards.--Section 325(o)(6)(E)(ii) 
of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)(6)(E)(ii)) 
is amended by striking ``shall apply to any such product installed on 
or after the effective date of the standard in States in which the 
Secretary has designated the standard to apply'' and inserting ``shall 
apply, in States in which the Secretary has designated the standard to 
apply, to any such product that is manufactured or imported into the 
United States on or after the effective date of the standard''.
(e) Technical and Conforming Amendments.--
(1) Definitions.--
(A) Consumer product.--Section 321(1)(A) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6291(1)(A)) is amended by striking ``, with respect to 
showerheads, faucets, water closets, and urinals, 
water'' and inserting ``water, as applicable''.
(B) Energy conservation standard.--Section 
321(6)(A) of the Energy Policy and Conservation Act (42 
U.S.C. 6291(6)(A)) is amended by striking ``, or, in 
the case of showerheads, faucets, water closets, and 
urinals, water use,'' and inserting ``or water use, as 
applicable,''.
(C) Estimated annual operating cost.--Section 
321(7) of the Energy Policy and Conservation Act (42 
U.S.C. 6291(7)) is amended by striking ``in the case of 
showerheads, faucets, water closets, and urinals'' and 
inserting ``, as applicable''.
(2) Test procedures.--
(A) Design of test procedures.--Section 323(b)(3) 
of the Energy Policy and Conservation Act (42 U.S.C. 
6293(b)(3)) is amended by striking ``energy efficiency, 
energy use, water use (in the case of showerheads, 
faucets, water closets and urinals)'' and inserting ``, 
as applicable, energy efficiency, energy use, water 
use''.
(B) Calculation of costs.--Section 323(b)(4) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6293(b)(4)) is amended by--
(i) by striking ``or, in the case of 
showerheads, faucets, water closets, or 
urinals,'' and inserting ``or, as 
applicable,''; and
(ii) by striking ``or in the case of 
showerheads, faucets, water closets, or 
urinals,'' and inserting ``or, as 
applicable,''.
(C) Restriction on certain representations.--
Section 323(c) of the Energy Policy and Conservation 
Act (42 U.S.C. 6293(c) is amended--
(i) in paragraph (1), by striking `` or, in 
the case of showerheads, faucets, water 
closets, and urinals,'' and inserting ``or, as 
applicable,''; and
(ii) in paragraph (2), by striking `` or, 
in the case of showerheads, faucets, water 
closets, and urinals,'' and inserting ``or, as 
applicable,''.
(3) Criteria for prescribing new or amended standards.--
Section 325(o)(1) of the Energy Policy and Conservation Act is 
amended by striking ``, or, in the case of showerheads, 
faucets, water closets, or urinals,'' and inserting ``, or, as 
applicable,''.
(4) Regional standards.--Section 325(o)(6)(D)(i)(II) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6295(o)(6)(D)(i)(II)) is amended by striking ``this paragraph'' 
and inserting ``this subsection''.
(5) Procedure for prescribing new or amended standards.--
Section 325(p)(2)(A) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(p)(2)(A)) is amended by striking ``taking into 
account those factors which the Secretary must consider under 
subsection (o)(2)'' and inserting ``as determined in accordance 
with subsection (o)''.
(6) Information requirements.--Section 326(d)(1) of the 
Energy Policy and Conservation Act is amended by striking ``or, 
in the case of showerheads, faucets, water closets, and 
urinals,'' and inserting ``or, as applicable,''.
(7) Energy conservation standards for high-intensity 
discharge lamps, distribution transformers, and small electric 
motors.--Section 346 of the Energy Policy and Conservation Act 
(42 U.S.C. 6317) is amended by striking subsection (c).

SEC. 3. DISTRIBUTION TRANSFORMERS.

Section 346 of the Energy Policy and Conservation Act (42 U.S.C. 
6317) is amended by adding at the end the following:
``(g) No New or Revised Standards for Distribution Transformers.--
``(1) In general.--Beginning on the date of enactment of 
this subsection, the Secretary may not prescribe any new or 
amended energy conservation standard under part B or this part 
for distribution transformers, including those distribution 
transformers for which the Secretary prescribed testing 
requirements under subsection (a)(1) and low-voltage dry-type 
distribution transformers.
``(2) Effect on existing standards.--Paragraph (1) does not 
affect any energy conservation standards prescribed under part 
B or this part before the date of enactment of this 
subsection.''.

SEC. 4. DISHWASHERS; CLOTHES WASHERS.

Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(g)) is amended--
(1) in paragraph (9)(B), by adding at the end the 
following:
``(iii) Other amendments to standards.--The 
Secretary may prescribe a new or amended energy 
conservation standard for clothes washers in 
accordance with this section, including--
``(I) a design requirement; and
``(II) a performance standard which 
prescribes one of the following:
``(aa) A minimum level of 
energy efficiency.
``(bb) A maximum quantity 
of energy use.
``(cc) A minimum level of 
water efficiency.
``(dd) A maximum quantity 
of water use.
``(ee) A minimum level of 
energy efficiency and a minimum 
level of water efficiency.
``(ff) A maximum quantity 
of energy use and a maximum 
quantity of water use.''; and
(2) in paragraph (10)(B), by adding at the end the 
following:
``(iii) Other amendments to standards.--The 
Secretary may prescribe a new or amended energy 
conservation standard for dishwashers in 
accordance with this section, including--
``(I) a design requirement; and
``(II) a performance standard which 
prescribes one of the following:
``(aa) A minimum level of 
energy efficiency.
``(bb) A maximum quantity 
of energy use.
``(cc) A minimum level of 
water efficiency.
``(dd) A maximum quantity 
of water use.
``(ee) A minimum level of 
energy efficiency and a minimum 
level of water efficiency.
``(ff) A maximum quantity 
of energy use and a maximum 
quantity of water use.''.

Passed the House of Representatives February 24, 2026.

Attest:

KEVIN F. MCCUMBER,

Clerk.