SJRES 4 · 119th Congress

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to "Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters".

energy efficiencygas applianceswater heatersfederal regulationsCongressional Review Act
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Last action 2025-02-12

Sponsored by Sen. Cruz, Ted [R-TX] (R) — TX

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This joint resolution would nullify a Department of Energy rule, published December 26, 2024, that set stricter energy efficiency standards for consumer gas-fired instantaneous (tankless) water heaters, preventing the rule from taking effect.

What this bill would do

What it would do

The resolution would invoke the Congressional Review Act — a law that allows Congress to disapprove recently issued federal agency rules by simple majority vote — to block the Department of Energy's December 26, 2024 rule setting amended energy conservation standards for gas-fired instantaneous water heaters. If enacted, the rule would have no force or effect, meaning the tighter efficiency standards DOE adopted would not apply.

The resolution does not itself set an alternative efficiency standard, nor does it alter the underlying statutory authority that allows DOE to regulate appliance efficiency. It solely nullifies this specific rule. Under the Congressional Review Act, if the disapproval is enacted, DOE would also be prohibited from issuing a substantially similar rule without new congressional authorization.

Key provisions

  1. 1Would disapprove and nullify the DOE rule setting amended energy conservation standards for consumer gas-fired instantaneous water heaters, published December 26, 2024

Who would be affected

Manufacturers of gas-fired instantaneous (tankless) water heaters, who would not need to meet the new higher efficiency requirements the DOE rule imposed. Consumers purchasing those appliances would also be affected, as the product mix on the market would not be subject to the new standard. The Department of Energy's rulemaking authority for this product category would be constrained going forward.

Why it matters

If enacted, manufacturers could continue producing and selling gas-fired instantaneous water heaters under the prior efficiency standard, avoiding redesign or compliance costs the DOE rule would have required. Consumers would retain access to the full current range of products. DOE could not reissue a substantially similar rule without explicit congressional approval, limiting agency flexibility on this product category.

What would change

Changes to existing law

Repeals Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters (89 Fed. Reg. 105188, Dec. 26, 2024)

Nullifies the DOE rule in its entirety; the amended efficiency standards would have no force or effect.

Agencies directed to act

Department of Energy

How implementation would work

The Congressional Review Act procedure is largely self-executing: if both chambers pass the joint resolution and it is signed into law (or a veto is overridden), the targeted rule immediately has "no force or effect." No agency rulemaking, grant cycle, or reporting requirement is created. The one ongoing constraint is that DOE would be barred from promulgating a substantially similar rule in the future without new authorizing legislation from Congress.

Legislative status & sources

Latest action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 12.

2025-02-12

Official CRS summary

Show the CRS summary

This joint resolution nullifies the rule titled Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters and submitted by the Department of Energy (DOE) on December 26, 2024. Under the rule, DOE adopted amended energy conservation standards for gas-fired instantaneous water heaters to achieve the maximum improvement in energy efficiency that DOE determined was technologically feasible and economically justified.

From the Congressional Research Service.

Legislative subjects

Administrative law and regulatory procedures; Department of Energy; Energy; Energy efficiency and conservation; Lighting, heating, cooling; Oil and gas

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SJRES 4: A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Energy relating to "Energy Conservation Program: Energy Conservation Standards for Consumer Gas-fired Instantaneous Water Heaters". | Legislation Reporter