Sec. 1023. Watersense
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Part B of title III of the Energy Policy and Conservation Act is amended by adding after section 324A ( 42 U.S.C. 6294a ) the following: There is established within the Environmental Protection Agency a voluntary WaterSense program to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services that, through voluntary labeling of, or other forms of communications regarding, products, buildings, landscapes, facilities, processes, and services while meeting strict performance criteria, 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.
The Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall, consistent with this section, identify water-efficient products, buildings, landscapes, facilities, processes, and services, including categories such as— 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; whole house humidifiers; and water-efficient buildings or facilities.
The Administrator, coordinating as appropriate with the Secretary, shall— establish— a WaterSense label to be used for items meeting the certification criteria established in accordance with this section; and the procedure, including the methods and means, and criteria by which an item may be certified to display the WaterSense label; enhance public awareness regarding the WaterSense label through outreach, education, and other means; 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; as determined appropriate by the Administrator, 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 6 years after adoption or major revision of any WaterSense specification, review and, if appropriate, revise the specification to achieve additional water savings; in revising a WaterSense specification— provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes; solicit comments from interested parties and the public prior to any changes; as appropriate, respond to comments submitted by interested parties and the public; and provide an appropriate transition time prior to the applicable effective date of any 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; and not later than December 31, 2018, consider for review and revision any WaterSense specification adopted before January 1, 2012.
The Administrator shall, to the maximum extent practicable and not less than annually, regularly estimate and make available to the public the production and relative market shares and savings of water, energy, and capital costs of water, wastewater, and stormwater attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services. In setting or maintaining specifications 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.
A WaterSense label shall not create an express or implied warranty. . The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting after the item relating to section 324A the following: Sec. 324B. WaterSense. .
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