Sec. 3122. Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products
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Section 326(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6296(b) ) is amended by adding at the end the following: For the purpose of verifying compliance with energy conservation standards established under sections 325 and 342 for covered products described in paragraphs (3), (4), (5), (9), and
(11)of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and
(K)of section 340(1), the Secretary shall rely on testing conducted by recognized voluntary verification programs that are recognized by the Secretary in accordance with subparagraph (B). Not later than 180 days after the date of enactment of this paragraph, the Secretary shall initiate a negotiated rulemaking in accordance with subchapter III of chapter 5 of title 5, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ) to develop criteria that have consensus support for achieving recognition by the Secretary as an approved voluntary verification program. Any subsequent amendment to such criteria may be made only pursuant to a subsequent negotiated rulemaking in accordance with subchapter III of chapter 5 of title 5, United States Code. The criteria developed under clause
(i)shall, at a minimum, ensure that a voluntary verification program— is nationally recognized; is operated by a third party and not directly operated by a program participant; satisfies any applicable elements of— International Organization for Standardization standard numbered 17025; and any other relevant International Organization for Standardization standards identified and agreed to through the negotiated rulemaking under clause (i); at least annually tests independently obtained products following the test procedures established under this title to verify the certified rating of a representative sample of products and equipment within the scope of the program; maintains a publicly available list of all ratings of products subject to verification; requires the changing of the performance rating or removal of the product or equipment from the program if testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary; requires new program participants to substantiate ratings through test data generated in accordance with Department of Energy regulations; allows for challenge testing of products and equipment within the scope of the program; requires program participants to disclose the performance rating of all covered products and equipment within the scope of the program for the covered product or equipment; provides to the Secretary— an annual report of all test results, the contents of which shall be determined through the negotiated rulemaking process under clause (i); and test reports, on the request of the Secretary, that note any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and satisfies any additional requirements or standards that the Secretary shall establish consistent with this subparagraph. The Secretary may only cease recognition of a voluntary verification program as an approved program described in subparagraph
(A)upon a finding that the program is not meeting its obligations for compliance through program review criteria developed during the negotiated rulemaking conducted under subparagraph (B). The Secretary shall not require— manufacturers to participate in a recognized voluntary verification program described in subparagraph (A); or participating manufacturers to provide information that has already been provided to the Secretary. The Secretary may maintain a publicly available list of covered products and equipment that distinguishes between products that are and are not covered products and equipment verified through a recognized voluntary verification program described in subparagraph (A). The Secretary— shall not subject products or equipment that have been verification tested under a recognized voluntary verification program described in subparagraph
(A)to periodic verification testing to verify the accuracy of the certified performance rating of the products or equipment; but may require testing of products or equipment described in subclause (I)— if the testing is necessary— to assess the overall performance of a voluntary verification program; to address specific performance issues; for use in updating test procedures and standards; or for other purposes consistent with this title; or if such testing is agreed to during the negotiated rulemaking conducted under subparagraph (B). Nothing in this paragraph limits the authority of the Secretary to enforce compliance with any law. .
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Sec. 3122
Voluntary verification programs for air conditioning, furnace, boiler, heat pump, and water heater products
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