08/02/16

S. 1038 – Energy Star Program Integrity Act

The Energy Star Program Integrity Act (S. 1038) was introduced in the U.S. Senate by Sen. James Risch (R-Idaho) on April 22, 2015. An identical version of the bill was introduced in the U.S. House of Representatives (H.R. 504) by Rep. Robert Latta (R-Ohio) in 2015. That bill enjoys bipartisan support and is co-sponsored by Alliance Honorary Board Members Rep. Peter Welch (D-Vt.), Rep. David McKinley (R-W.Va.), and Rep. Adam Kinzinger (R-Ill.), among others. Most recently, it was featured in Section 3124 of H.R. 8, the House’s comprehensive energy bill.

Summary

This bill would amend the Energy Policy and Conservation Act so that participation of a product in the ENERGY STAR Program does not lead to the creation of a warranty that would allow private claims or rights of action against manufacturers. The effect of the bill would apply to products disqualified from ENERGY STAR if three elements are met:

  1. The product has been certified by an ENERGY STAR-recognized certification body.
  2. The Environmental Protection Agency (EPA) has approved corrective measures, including determining if the consumer requires compensation.
  3. The responsible party has fully complied with all corrective measures.

This bill specifically does not require EPA to modify any of the program’s procedures or take any explicit action.