Page:United States Statutes at Large Volume 101 Part 1.djvu/148

 101 STAT. 118

Ante, p. 105.

42 USC 6294.

PUBLIC LAW 100-12—MAR. 17, 1987

"(A) such State regulation requires testing or the use of any measure of energy consumption or energy descriptor in any manner other than that provided under section 323; or "(B) such State regulation requires disclosure of information with respect to the energy use or energy efficiency of any covered product other than information required under section 324. "(2) For purposes of this section, the term 'State regulation' means a law, regulation, or other requirement of a State or its political subdivisions. "(b) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION STANDARDS BEFORE FEDERAL STANDARD BECOMES EFFECTIVE FOR A

Ante, p. 107.



PRODUCT.—Effective on the date of enactment of the National Appliance Energy Conservation Act of 1987 and ending on the effective date of an energy conservation standard established under section 325 for any covered product, no State regulation, or revision thereof, concerning the energy efficiency or energy 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; "(2) is a State procurement regulation described in subsection (e); "(3) is a regulation described in subsection (f)(1) or is prescribed or enacted in a building code for new construction described in subsection (f)(2); "(4) is a regulation prohibiting the use in pool heaters of a constant burning pilot; "(5) is a regulation described in subsection (d)(5)(B) for which a waiver has been granted under subsection (d); or "(6) is a regulation effective on or after January 1, 1992, concerning the energy efficiency or energy use of television sets. "(c) GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION STANDARDS WHEN FEDERAL STANDARD BECOMES EFFECTIVE FOR A




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PRODUCT.—Except as provided in section 325(b)(3)(A)(ii) and effective on the effective date of an energy conservation standard established in or prescribed under section 325 for any covered product, no State regulation concerning the energy efficiency or energy 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); "(2) is a regulation which has been granted a waiver under subsection (d); or "(3) is in a building code for new construction described in subsection (f)(3). "(d) WAIVER OF FEDERAL PREEMPTION.—(1)(A) Any State with a State regulation which provides for any energy conservation standard or other requirement with respect to energy use or energy efficiency for any type (or class) of covered product for which there is a Federal energy conservation standard under section 325 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

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