IMPROVING SCHEDULE FOR STANDARDS UPDATING AND CLARIFYING STATE AUTHORITY.

SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND CLARIFYING STATE AUTHORITY.(a) Consumer Appliances.—Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended by striking subsection (m) and inserting the following:“(m) Amendment of Standards.—“(1) In general.—Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the Secretary shall publish—“(A) a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subsection (n)(2); or“(B) a notice of proposed rulemaking including new proposed standards based on the criteria established under subsection (o) and the procedures established under subsection (p).“(2) Notice.—If the Secretary publishes a notice under paragraph (1), the Secretary shall—“(A) publish a notice stating that the analysis of the Department is publicly available; and“(B) provide an opportunity for written comment.“(3) Amendment of standard; new determination.—“(A) Amendment of standard.—Not later than 2 years after a notice is issued under paragraph (1)(B), the Secretary shall publish a final rule amending the standard for the product.121 STAT. 1554“(B) New determination.—Not later than 3 years after a determination under paragraph (1)(A), the Secretary shall make a new determination and publication under subparagraph (A) or (B) of paragraph (1).“(4) Application to products.—“(A) In general.—Except as provided in subparagraph (B), an amendment prescribed under this subsection shall apply to—“(i) with respect to refrigerators, refrigerator-freezers, freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, and kitchen ranges and ovens, such a product that is manufactured after the date that is 3 years after publication of the final rule establishing an applicable standard; and“(ii) with respect to central air conditioners, heat pumps, water heaters, pool heaters, direct heating equipment, and furnaces, such a product that is manufactured after the date that is 5 years after publication of the final rule establishing an applicable standard.“(B) Other new standards.—A manufacturer shall not be required to apply new standards to a product with respect to which other new standards have been required during the prior 6-year period.“(5) Reports.—The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—“(A) a progress report every 180 days on compliance with this section, including a specific plan to remedy any failures to comply with deadlines for action established under this section; and“(B) all required reports to the Court or to any party to the Consent Decree in State of New York v Bodman, Consolidated Civil Actions No. 05 Civ. 7807 and No. 05 Civ. 7808.”.(b) Industrial Equipment.—Section 342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended—(1) by redesignating subparagraph (C) as subparagraph (D); and(2) by striking “(6)(A)(i)” and all that follows through the end of subparagraph (B) and inserting the following:“(6) Amended energy efficiency standards.—“(A) In general.—“(i) Analysis of potential energy savings.—If ASHRAE/IES Standard 90.1 is amended with respect to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, not later than 180 days after the amendment of the standard, the Secretary shall publish in the Federal Register for public comment an analysis of the energy 121 STAT. 1555 savings potential of amended energy efficiency standards.“(ii) Amended uniform national standard for products.—“(I) In general.—Except as provided in subclause (II), not later than 18 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for a product described in clause (i), the Secretary shall establish an amended uniform national standard for the product at the minimum level specified in the amended ASHRAE/IES Standard 90.1.“(II) More stringent standard.—Subclause (I) shall not apply if the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in significant additional conservation of energy and is technologically feasible and economically justified.“(B) Rule.—If the Secretary makes a determination described in clause (ii)(II) for a product described in clause (i), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the rule establishing the amended standard.“(C) Amendment of standard.—“(i) In general.—Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the Secretary shall publish—“(I) a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subparagraph (A); or“(II) a notice of proposed rulemaking including new proposed standards based on the criteria and procedures established under subparagraph (B).“(ii) Notice.—If the Secretary publishes a notice under clause (i), the Secretary shall—“(I) publish a notice stating that the analysis of the Department is publicly available; and“(II) provide an opportunity for written comment.“(iii) Amendment of standard; new determination.—“(I) Amendment of standard.—Not later than 2 years after a notice is issued under clause (i)(II), the Secretary shall publish a final rule amending the standard for the product.“(II) New determination.—Not later than 3 years after a determination under clause (i)(I), the Secretary shall make a new determination and publication under subclause (I) or (II) of clause (i).121 STAT. 1556“(iv) Application to products.—An amendment prescribed under this subsection shall apply to products manufactured after a date that is the later of—“(I) the date that is 3 years after publication of the final rule establishing a new standard; or“(II) the date that is 6 years after the effective date of the current standard for a covered product.“(v) Reports.—The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a progress report every 180 days on compliance with this subparagraph, including a specific plan to remedy any failures to comply with deadlines for action established under this subparagraph.”.