Agenda - Public Works Committee - 10/20/2020

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S. 3021-121 product certification bodies accredited by an accreditation entity domiciled in the United States; "(C) using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the pur- pose of determining compliance with performance criteria; and "(D) auditing the use of the WaterSense label in the marketplace and preventing cases of misuse; "(4) not more frequently than every 6 years after adoption or major revision of any WaterSense performance criteria, review and, if appropriate, revise the performance criteria to achieve additional water savings; "(5) in revising any WaterSense criteria — "(A) provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes; "(B) solicit comments from interested parties and the public prior to any changes; "(C) as appropriate, respond to comments submitted by interested parties and the public; and "(D) provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, mar- keting, training, and distribution of the specific product, building, landscape, process, or service category being addressed; and "(6) not later than December 31, 2019, consider for review and revise, if necessary, any WaterSense performance criteria adopted before January 1, 2012. "(c) TRANSPARENCY. —The Administrator of the Environmental Protection Agency shall, to the extent practicable and not less than annually, estimate and make available to the public the rel- ative water and energy savings attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, proc- esses, and services. "(d) DISTINCTION OF AUTHORITIES. —In setting or maintaining specifications and criteria for Energy Star pursuant to section 324A, and WaterSense under this section, the Secretary of Energy and the Administrator of the Environmental Protection Agency shall coordinate to prevent duplicative or conflicting requirements among the respective programs. "(e) No WARRANTY. —A WaterSense label shall not create any express or implied warranty. "(f) METHODS FOR ESTABLISHING PERFORMANCE CRITERIA. —In establishing performance criteria for products, buildings, land- scapes, facilities, processes, or services pursuant to this section, the Administrator of the Environmental Protection Agency shall use technical specifications and testing protocols established by voluntary consensus standards organizations relevant to specific products, buildings, landscapes, facilities, processes, or services, as appropriate. "(g) DEFINITION OF FEASIBLE. —The term `feasible' means fea- Cihlo ixTifh +ho llco of fho hoof +orl-hnnlno-sr forhniniioc n+hor