Sec. 3162. WaterSense
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The Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ) is amended by adding after section 324A the following: There is established within the Environmental Protection Agency a voluntary program, to be entitled WaterSense , to identify water efficient products, buildings, landscapes, facilities, processes, and services that sensibly— reduce water use; reduce the strain on public and community water systems and wastewater and stormwater infrastructure; conserve energy used to pump, heat, transport, and treat water; and preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services while still meeting strict performance criteria.
The Administrator, coordinating as appropriate with the Secretary of Energy, shall— establish— a WaterSense label to be used for items meeting the certification criteria established in this section; and the procedure, including the methods and means, by which an item may be certified to display the WaterSense label; conduct a public awareness education campaign regarding the WaterSense label; preserve the integrity of the WaterSense label by— establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; overseeing WaterSense certifications made by third parties; using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining standards compliance; and auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; and not more often than every six years, review and, if appropriate, update WaterSense criteria for the defined categories of water-efficient product, building, landscape, process, or service, including— providing reasonable notice to interested parties and the public of any such changes, including effective dates, and an explanation of the changes; soliciting comments from interested parties and the public prior to any such changes; as appropriate, responding to comments submitted by interested parties and the public; and providing an appropriate transition time prior to the applicable effective date of any such changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific water-efficient product, building, landscape, process, or service category being addressed.
In carrying out this section, and, to the degree that an agency action is based on science, the Administrator shall use— the best available peer-reviewed science and supporting studies conducted in accordance with sound and objective scientific practices; and data collected by accepted methods or best available methods (if the reliability of the method and the nature of the decision justify use of the data). In setting or maintaining standards for Energy Star pursuant to section 324A, and WaterSense under this section, the Secretary and Administrator shall coordinate to prevent duplicative or conflicting requirements among the respective programs.
In this section: The term Administrator means the Administrator of the Environmental Protection Agency. The term feasible means feasible with the use of the best technology, treatment techniques, and other means that the Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). The term Secretary means the Secretary of Energy. The term water-efficient product, building, landscape, process, or service means a product, building, landscape, process, or service for a residence or a commercial or institutional building, or its landscape, that is rated for water efficiency and performance, the covered categories of which are— irrigation technologies and services; point-of-use water treatment devices; plumbing products; reuse and recycling technologies; landscaping and gardening products, including moisture control or water enhancing technologies; xeriscaping and other landscape conversions that reduce water use; and new water efficient homes certified under the WaterSense program. .
The table of contents for the Energy Policy and Conservation Act ( Public Law 94–163 ; 42 U.S.C. 6201 et seq. ) is amended by inserting after the item relating to section 324A the following new item: Sec. 324B. WaterSense. .
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- Pub. L. 94-163
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