Page:United States Statutes at Large Volume 121.djvu/1601

 121 STAT. 1580

PUBLIC LAW 110–140—DEC. 19, 2007 2017, with an effective date that is not earlier than 3 years after the date on which the final rule is published. ‘‘(iv) PHASED-IN EFFECTIVE DATES.—The Secretary shall consider phased-in effective dates under this subparagraph after considering— ‘‘(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and ‘‘(II) the time needed to work with retailers and lighting designers to revise sales and marketing strategies. ‘‘(v) BACKSTOP REQUIREMENT.—If the Secretary fails to complete a rulemaking in accordance with clauses (i) through (iv) or if the final rule does not produce savings that are greater than or equal to the savings from a minimum efficacy standard of 45 lumens per watt, effective beginning January 1, 2020, the Secretary shall prohibit the sale of any general service lamp that does not meet a minimum efficacy standard of 45 lumens per watt. ‘‘(vi) STATE PREEMPTION.—Neither section 327(b) nor any other provision of law shall preclude California or Nevada from adopting, effective beginning on or after January 1, 2018— ‘‘(I) a final rule adopted by the Secretary in accordance with clauses (i) through (iv); ‘‘(II) if a final rule described in subclause (I) has not been adopted, the backstop requirement under clause (v); or ‘‘(III) in the case of California, if a final rule described in subclause (I) has not been adopted, any California regulations relating to these covered products adopted pursuant to State statute in effect as of the date of enactment of the Energy Independence and Security Act of 2007. ‘‘(B) RULEMAKING BEFORE JANUARY 1, 2020.— ‘‘(i) IN GENERAL.—Not later than January 1, 2020, the Secretary shall initiate a rulemaking procedure to determine whether— ‘‘(I) standards in effect for general service incandescent lamps should be amended to reflect lumen ranges with more stringent maximum wattage than the standards specified in paragraph (1)(A); and ‘‘(II) the exemptions for certain incandescent lamps should be maintained or discontinued based, in part, on exempted lamp sales data collected by the Secretary from manufacturers. ‘‘(ii) SCOPE.—The rulemaking shall not be limited to incandescent lamp technologies. ‘‘(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service incandescent lamps should be amended, the Secretary shall publish a final rule not later than January 1, 2022, with an effective date that is not earlier than

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