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Donate NowH.R.4850 - Enabling Energy Saving Innovations Act
To allow for innovations and alternative technologies that meet or exceed desired energy efficiency goals.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 236 | n/a | n/a |
| Engrossed in House | 236 | 3 | 34% |
| Referred in Senate | 236 | 5 | 25% |
| Engrossed Amendment Senate | 5,766 | 89 Show Changes Hide Changes | 99% |
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HR 4850 RFS 112th CONGRESS 2d Session

In the Senate of the United States,CommentsClose CommentsPermalink

September 22 (legislative day, September 21), 2012.CommentsClose CommentsPermalink

Resolved, That the bill from the House of Representatives (H.R. 4850 IN THE SENATE OF THE UNITED STATES June 27, 2012 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

AMENDMENT: CommentsClose CommentsPermalink

At the end of the bill, add the following:CommentsClose CommentsPermalink

SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS.
Section 325(e) of the Energy Policy and Conservation Act (

‘(5) UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS- CommentsClose CommentsPermalink
‘(A) DEFINITIONS- In this paragraph: CommentsClose CommentsPermalink
‘(i) COVERED WATER HEATER- The term ‘covered water heater’ means-- CommentsClose CommentsPermalink
‘(I) a water heater; and CommentsClose CommentsPermalink
‘(II) a storage water heater, instantaneous water heater, and unfired water storage tank (as defined in section 340). CommentsClose CommentsPermalink
‘(ii) FINAL RULE- The term ‘final rule’ means the final rule published under this paragraph. CommentsClose CommentsPermalink
‘(B) PUBLICATION OF FINAL RULE- Not later than 180 days after the date of enactment of this paragraph, the Secretary shall publish a final rule that establishes a uniform efficiency descriptor and accompanying test methods for covered water heaters. CommentsClose CommentsPermalink
‘(C) PURPOSE- The purpose of the final rule shall be to replace with a uniform efficiency descriptor-- CommentsClose CommentsPermalink
‘(i) the energy factor descriptor for water heaters established under this subsection; and CommentsClose CommentsPermalink
‘(ii) the thermal efficiency and standby loss descriptors for storage water heaters, instantaneous water heaters, and unfired water storage tanks established under section 342(a)(5). CommentsClose CommentsPermalink
‘(D) EFFECT OF FINAL RULE- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Notwithstanding any other provision of this title, effective beginning on the effective date of the final rule, the efficiency standard for covered water heaters shall be denominated according to the efficiency descriptor established by the final rule. CommentsClose CommentsPermalink
‘(ii) EFFECTIVE DATE- The final rule shall take effect 1 year after the date of publication of the final rule under subparagraph (B). CommentsClose CommentsPermalink
‘(E) CONVERSION FACTOR- CommentsClose CommentsPermalink
‘(i) IN GENERAL- The Secretary shall develop a mathematical conversion factor for converting the measurement of efficiency for covered water heaters from the test procedures in effect on the date of enactment of this paragraph to the new energy descriptor established under the final rule. CommentsClose CommentsPermalink
‘(ii) APPLICATION- The conversion factor shall apply to models of covered water heaters affected by the final rule and tested prior to the effective date of the final rule. CommentsClose CommentsPermalink
‘(iii) EFFECT ON EFFICIENCY REQUIREMENTS- The conversion factor shall not affect the minimum efficiency requirements for covered water heaters otherwise established under this title. CommentsClose CommentsPermalink
‘(iv) USE- During the period described in clause (v), a manufacturer may be cited as the ‘Enabling Energy Saving Innovations Actapply the conversion factor established by the Secretary to rerate existing models of covered water heaters that are in existence prior to the effective date of the rule described in clause (v)(II) to comply with the new efficiency descriptor. CommentsClose CommentsPermalink
‘(v) PERIOD- Subclause (E) shall apply during the period-- CommentsClose CommentsPermalink
‘(I) beginning on the date of publication of the conversion factor in the Federal Register; and CommentsClose CommentsPermalink
‘(II) ending on April 16, 2015. CommentsClose CommentsPermalink
‘(F) EXCLUSIONS- The final rule may exclude a specific category of covered water heaters from the uniform efficiency descriptor established under this paragraph if the Secretary determines that the category of water heaters-- CommentsClose CommentsPermalink
‘(i) does not have a residential use and can be clearly described in the final rule; and CommentsClose CommentsPermalink
‘(ii) are effectively rated using the thermal efficiency and standby loss descriptors applied (as of the date of enactment of this paragraph) to the category under section 342(a)(5). CommentsClose CommentsPermalink
‘(G) OPTIONS- The descriptor set by the final rule may be-- CommentsClose CommentsPermalink
‘(i) a revised version of the energy factor descriptor in use as of the date of enactment of this paragraph; CommentsClose CommentsPermalink
‘(ii) the thermal efficiency and standby loss descriptors in use as of that date; CommentsClose CommentsPermalink
‘(iii) a revised version of the thermal efficiency and standby loss descriptors; CommentsClose CommentsPermalink
‘(iv) a hybrid of descriptors; or CommentsClose CommentsPermalink
‘(v) a new approach. CommentsClose CommentsPermalink
‘(H) APPLICATION- The efficiency descriptor and accompanying test method established under the final rule shall apply, to the maximum extent practicable, to all water heating technologies in use as of the date of enactment of this paragraph and to future water heating technologies. CommentsClose CommentsPermalink
‘(I) PARTICIPATION- The Secretary shall invite interested stakeholders to participate in the rulemaking process used to establish the final rule. CommentsClose CommentsPermalink
‘(J) TESTING OF ALTERNATIVE DESCRIPTORS- In establishing the final rule, the Secretary shall contract with the National Institute of Standards and Technology, as necessary, to conduct testing and simulation of alternative descriptors identified for consideration. CommentsClose CommentsPermalink
‘(K) EXISTING COVERED WATER HEATERS- A covered water heater shall be considered to comply with the final rule on and after the effective date of the final rule and with any revised labeling requirements established by the Federal Trade Commission to carry out the final rule if the covered water heater-- CommentsClose CommentsPermalink
‘(i) was manufactured prior to the effective date of the final rule; and CommentsClose CommentsPermalink
‘(ii) complied with the efficiency standards and labeling requirements in effect prior to the final rule.’. CommentsClose CommentsPermalink
SEC. 2. INNOVATIVE COMPONENT TECHNOLOGIE4. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE COMMERCIAL REFRIGERATORS.
Section 342(f) of the Energy Policy and Conservation Act (42 c) of the Energy Policy and Conservation Act (

(1) in paragraph (1)-- CommentsClose CommentsPermalink

(A) by striking ‘paragraphs (2) redesignating subparagraph (C) as subparagraph (E); and CommentsClose CommentsPermalink

(B) by inserting after subparagraph (B) the following: CommentsClose CommentsPermalink

‘(C) The term ‘service over the counter, self-contained, medium temperature commercial refrigerator’ or ‘(SOC-SC-M)’ means a medium temperature commercial refrigerator-- CommentsClose CommentsPermalink
‘(i) with a self-contained condensing unit and equipped with sliding or hinged doors in the back intended for use by sales personnel, and with glass or other transparent material in the front for displaying merchandise; and CommentsClose CommentsPermalink
‘(ii) that has a height not greater than 66 inches and is intended to serve as a counter for transactions between sales personnel and customers. CommentsClose CommentsPermalink
‘(D) The term ‘TDA’ means the total display area (ft 2 ) of the refrigerated case, as defined in AHRI Standard 1200.’; CommentsClose CommentsPermalink
(2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and CommentsClose CommentsPermalink

(3) by inserting after paragraph (3) the following: CommentsClose CommentsPermalink

‘(4) Each SOC-SC-M manufactured on or after January 1, 2012, shall have a total daily energy consumption (in kilowatt hours per day) of not more than 0.6 x TDA + 1.0.’. CommentsClose CommentsPermalink
SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE CHANGES.
(a) Through-the-Wall Central Air Conditioners, Through-the-Wall Central Air Conditioning Heat Pumps, and Small Duct, High Velocity Systems- Section 325(d) of the Energy Policy and Conservation Act (

‘(4) STANDARDS FOR THROUGH-THE-WALL CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL CENTRAL AIR CONDITIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOCITY SYSTEMS- CommentsClose CommentsPermalink
‘(A) DEFINITIONS- In this paragraph: CommentsClose CommentsPermalink
‘(i) SMALL DUCT, HIGH VELOCITY SYSTEM- The term ‘small duct, high velocity system’ means a heating and cooling product that contains a blower and indoor coil combination that-- CommentsClose CommentsPermalink
‘(I) is designed for, and produces, at least 1.2 inches of external static pressure when operated at the certified air volume rate of 220-350 CFM per rated ton of cooling; and CommentsClose CommentsPermalink
‘(II) when applied in the field, uses high velocity room outlets generally greater than 1,000 fpm that have less than 6.0 square inches of free area. CommentsClose CommentsPermalink
‘(ii) THROUGH-THE-WALL CENTRAL AIR CONDITIONER; THROUGH-THE-WALL CENTRAL AIR CONDITIONING HEAT PUMP- The terms ‘through-the-wall central air conditioner’ and ‘through-the-wall central air conditioning heat pump’ mean a central air conditioner or heat pump, respectively, that is designed to be installed totally or partially within a fixed-size opening in an exterior wall, and-- CommentsClose CommentsPermalink
‘(I) is not weatherized; CommentsClose CommentsPermalink
‘(II) is clearly and permanently marked for installation only through an exterior wall; CommentsClose CommentsPermalink
‘(III) has a rated cooling capacity no greater than 30,000 Btu/hr; CommentsClose CommentsPermalink
‘(IV) exchanges all of its outdoor air across a single surface of the equipment cabinet; and CommentsClose CommentsPermalink
‘(V) has a combined outdoor air exchange area of less than 800 square inches (split systems) or less than 1,210 square inches (single packaged systems) as measured on the surface area described in subclause (IV). CommentsClose CommentsPermalink
‘(iii) REVISION- The Secretary may revise the definitions contained in this subparagraph through (5)’ and inserting ‘paragraphs (2publication of a final rule. CommentsClose CommentsPermalink
‘(B) SMALL-DUCT HIGH-VELOCITY SYSTEMS- CommentsClose CommentsPermalink
‘(i) SEASONAL ENERGY EFFICIENCY RATIO- The seasonal energy efficiency ratio for small-duct high-velocity systems shall be not less than-- CommentsClose CommentsPermalink
‘(I) 11.00 for products manufactured on or after January 23, 2006; and CommentsClose CommentsPermalink
‘(II) 12.00 for products manufactured on or after January 1, 2015. CommentsClose CommentsPermalink
‘(ii) HEATING SEASONAL PERFORMANCE FACTOR- The heating seasonal performance factor for small-duct high-velocity systems shall be not less than-- CommentsClose CommentsPermalink
‘(I) 6.8 for products manufactured on or after January 23, 2006; and CommentsClose CommentsPermalink
‘(II) 7.2 for products manufactured on or after January 1, 2015. CommentsClose CommentsPermalink
‘(C) SUBSEQUENT RULEMAKINGS- The Secretary shall conduct subsequent rulemakings for through-the-wall central air conditioners, through-the-wall central air conditioning heat pumps, and small duct, high velocity systems as part of any rulemaking under this section used to review or revise standards for other central air conditioners and heat pumps.’. CommentsClose CommentsPermalink
(b) Duty to Review Commercial Equipment- Section 342(a)(6) of the Energy Policy and Conservation Act (

(1) in subparagraph (A)(i), by inserting ‘the standard levels or design requirements applicable under that standard to’ immediately before ‘any small commercial’; and CommentsClose CommentsPermalink

(2) in subparagraph (C)-- CommentsClose CommentsPermalink

(A) in clause (i)-- CommentsClose CommentsPermalink

(i) by striking ‘Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part,’ and inserting ‘Every 6 years,’; and CommentsClose CommentsPermalink

(ii) by inserting after ‘the Secretary shall’ the following: ‘conduct an evaluation of each class of covered equipment and shall’; and CommentsClose CommentsPermalink

(B) by adding at the end the following: CommentsClose CommentsPermalink

‘(vi) For any covered equipment as to which more than 6 years has elapsed since the issuance of the most recent final rule establishing or amending a standard for the product as of the date of enactment of this clause, the first notice required under clause (i) shall be published by December 31, 2013.’. CommentsClose CommentsPermalink
(c) Petition for Amended Standards- Section 325(n) of the Energy Policy and Conservation Act (

(1) by redesignating paragraph (3) as paragraph (5); and CommentsClose CommentsPermalink

(2) by inserting after paragraph (2) the following: CommentsClose CommentsPermalink

‘(3) NOTICE OF DECISION- Not later than 180 days after the date of receiving a petition, the Secretary shall publish in the Federal Register a notice of, and explanation for, the decision of the Secretary to grant or deny the petition. CommentsClose CommentsPermalink
‘(4) NEW OR AMENDED STANDARDS- Not later than 3 years after the date of granting a petition for new or amended standards, the Secretary shall publish in the Federal Register-- CommentsClose CommentsPermalink
‘(A) a final rule that contains the new or amended standards; or CommentsClose CommentsPermalink
‘(B) a determination that no new or amended standards are necessary.’. CommentsClose CommentsPermalink
SEC. 6. TECHNICAL CORRECTIONS.
(a) Title III of Energy Independence and Security Act of 2007--Energy Savings Through Improved Standards for Appliances and Lighting- CommentsClose CommentsPermalink

(1) Section 325(u) of the Energy Policy and Conservation Act (

(A) by redesignating paragraph (7) as paragraph (4); and CommentsClose CommentsPermalink

(B) in paragraph (4) (as so redesignated), by striking ‘supplies is’ and inserting ‘supply is’. CommentsClose CommentsPermalink

(2) Section 302(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1551) is amended by striking ‘6313(a)’ and inserting ‘6314(a)’. CommentsClose CommentsPermalink

(3) Section 342(a)(6) of the Energy Policy and Conservation Act (

(A) in subparagraph (B)-- CommentsClose CommentsPermalink

(i) by striking ‘If the Secretary’ and inserting the following: CommentsClose CommentsPermalink

‘(i) IN GENERAL- If the Secretary’; CommentsClose CommentsPermalink
(ii) by striking ‘clause (ii)(II)’ and inserting ‘subparagraph (A)(ii)(II)’; CommentsClose CommentsPermalink

(iii) by striking ‘clause (i)’ and inserting ‘subparagraph (A)(i)’; and CommentsClose CommentsPermalink

(iv) by adding at the end the following: CommentsClose CommentsPermalink

‘(ii) FACTORS- In determining whether a standard is economically justified for the purposes of subparagraph (A)(ii)(II), the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed the burden of the proposed standard by, to the maximum extent practicable, considering-- CommentsClose CommentsPermalink
‘(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to the standard; CommentsClose CommentsPermalink
‘(II) the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products that are likely to result from the imposition of the standard; CommentsClose CommentsPermalink
‘(III) the total projected quantity of energy savings likely to result directly from the imposition of the standard; CommentsClose CommentsPermalink
‘(IV) any lessening of the utility or the performance of the products likely to result from the imposition of the standard; CommentsClose CommentsPermalink
‘(V) the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard; CommentsClose CommentsPermalink
‘(VI) the need for national energy conservation; and CommentsClose CommentsPermalink
‘(VII) other factors the Secretary considers relevant. CommentsClose CommentsPermalink
‘(iii) ADMINISTRATION- CommentsClose CommentsPermalink
‘(I) ENERGY USE AND EFFICIENCY- The Secretary may not prescribe any amended standard under this paragraph that increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. CommentsClose CommentsPermalink
‘(II) UNAVAILABILITY- CommentsClose CommentsPermalink
‘(aa) IN GENERAL- The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes the finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the unavailability in the United States in any product type (or class) of performance characteristics (including reliability, features, sizes, capacities, and volumes) that are substantially the same as those generally available in the United States at the time of the finding of the Secretary. CommentsClose CommentsPermalink
‘(bb) OTHER TYPES OR CLASSES- The failure of some types (or classes) to meet the criterion established under this subclause shall not affect the determination of the Secretary on whether to prescribe a standard for the other types or classes.’; and CommentsClose CommentsPermalink
(B) in subparagraph (C)(iv), by striking ‘An amendment prescribed under this subsection’ and inserting ‘Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph’. CommentsClose CommentsPermalink

(4) Section 342(a)(6)(B)(iii) of the Energy Policy and Conservation Act (as added by section 306(c) of the Energy Independence and Security Act of 2007 (121 Stat. 1559)) is transferred and redesignated as clause (vi) of section 342(a)(6)(C) of the Energy Policy and Conservation Act (as amended by section 305(b)(2) of the Energy Independence and Security Act of 2007 (121 Stat. 1554)). CommentsClose CommentsPermalink

(5) Section 345 of the Energy Policy and Conservation Act (

(A) by striking ‘subparagraphs (B) through (6)’; and(2G)’ each place it appears and inserting ‘subparagraphs (B), (C), (D), (I), (J), and (K)’; CommentsClose CommentsPermalink

(B) by striking ‘part A’ each place it appears and inserting ‘part B’; and CommentsClose CommentsPermalink

(C) in subsection (a)-- CommentsClose CommentsPermalink

(i) in paragraph (8), by striking ‘and’ at the end; CommentsClose CommentsPermalink

(ii) in paragraph (9), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink

(iii) by adding at the end the following new paragraph:‘(6) INNOVATIVE COMPON: CommentsClose CommentsPermalink

‘(10) section 327 shall apply with respect to the equipment described in section 340(1)(L) beginning on the date on which a final rule establishing an energy conservation standard is issued by the Secretary, except that any State or local standard prescribed or enacted for the equipment before the date on which the final rule is issued shall not be preempted until the energy conservation standard established by the Secretary for the equipment takes effect.’; CommentsClose CommentsPermalink
(D) in subsection (b)(1), by striking ‘section 325(p)(5)’ and inserting ‘section 325(p)(4)’; and CommentsClose CommentsPermalink

(E) in subsection (h)(3), by striking ‘section 342(f)(3)’ and inserting ‘section 342(f)(4)’. CommentsClose CommentsPermalink

(6) Section 321(30)(D)(i)(III) of the Energy Policy and Conservation Act (

(7) Section 321(30)(T) of the Energy Policy and Conservation Act (

(A) in clause (i)-- CommentsClose CommentsPermalink

(i) by striking the comma after ‘household appliance’ and inserting ‘and’; and CommentsClose CommentsPermalink

(ii) by striking ‘and is sold at retail,’; and CommentsClose CommentsPermalink

(B) in clause (ii), by inserting ‘when sold at retail,’ before ‘is designated’. CommentsClose CommentsPermalink

(8) Section 325(l)(4)(A) of the Energy Policy and Conservation Act (

(9) Section 327(b)(1)(B) of the Energy Policy and Conservation Act (

(A) in clause (i), by inserting ‘and’ after the semicolon at the end; CommentsClose CommentsPermalink

(B) in clause (ii), by striking ‘; and’ and inserting a period; and CommentsClose CommentsPermalink

(C) by striking clause (iii). CommentsClose CommentsPermalink

(10) Section 321(30)(C)(ii) of the Energy Policy and Conservation Act (

(11) Section 322(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1588) is amended by striking ‘6995(i)’ and inserting ‘6295(i)’. CommentsClose CommentsPermalink

(12) Section 325(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1596) is amended by striking ‘6924(c)’ and inserting ‘6294(c)’. CommentsClose CommentsPermalink

(13) This subsection and the amendments made by this subsection take effect as if included in the Energy Independence and Security Act of 2007 (

(b) Energy Policy Act of 2005- CommentsClose CommentsPermalink

(1) Section 325(g)(8)(C)(ii) of the Energy Policy and Conservation Act (

(2) This subsection and the amendment made by this subsection take effect as if included in the Energy Policy Act of 2005 (

(c) Energy Policy and Conservation Act- CommentsClose CommentsPermalink

(1) Section 340(2)(B) of the Energy Policy and Conservation Act (

(A) in clause (xi), by striking ‘and’ at the end; CommentsClose CommentsPermalink

(B) in clause (xii), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink

(C) by adding at the end the following: CommentsClose CommentsPermalink

‘(xiii) other motors.’. CommentsClose CommentsPermalink
(2) Section 343(a) of the Energy Policy and Conservation Act (

TITLE II--INDUSTRIAL ENERGY EFFICIENCY
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TITLE II--INDUSTRIAL ENERGY EFFICIENCY CommentsClose CommentsPermalink

SEC. 201. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT TECHNOLOGIES - Subparagraph (C) of paragraph FOR INDUSTRY.
(a) In General- As part of the research and development activities of the Industrial Technologies Program of the Department of Energy, the Secretary of Energy (referred to in this title as the ‘Secretary’) shall establish, as appropriate, collaborative research and development partnerships with other programs within the Office of Energy Efficiency and Renewable Energy (including the Building Technologies Program), the Office of Electricity Delivery and Energy Reliability, and the Office of Science that-- CommentsClose CommentsPermalink

(1) leverage the research and development expertise of those programs to promote early stage energy efficiency technology development; CommentsClose CommentsPermalink

(2) support the use of innovative manufacturing processes and applied research for development, demonstration, and commercialization of new technologies and processes to improve efficiency (including improvements in efficient use of water), reduce emissions, reduce industrial waste, and improve industrial cost-competitiveness; and CommentsClose CommentsPermalink

(3) apply the knowledge and expertise of the Industrial Technologies Program to help achieve the program goals of the other programs. CommentsClose CommentsPermalink

(b) Reports- Not later than 2 years after the date of enactment of this Act and biennially thereafter, the Secretary shall not apply to a walk-in cooler or walk-submit to Congress a report that describes actions taken to carry out subsection (a) and the results of those actions. CommentsClose CommentsPermalink

SEC. 202. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL ENERGY EFFICIENCY.
(a) Definitions- In this section: CommentsClose CommentsPermalink

(1) INDUSTRIAL ENERGY EFFICIENCY- The term ‘industrial energy efficiency’ means the energy efficiency derived from commercial technologies and measures to improve energy efficiency or to generate or transmit electric power and heat, including electric motor efficiency improvements, demand response, direct or indirect combined heat and power, and waste heat recovery. CommentsClose CommentsPermalink

(2) INDUSTRIAL SECTOR- The term ‘industrial sector’ means any subsector of the manufacturing sector (as defined in North American Industry Classification System codes 31-33 (as in effect on the date of enactment of this Act)) establishments of which have, or could have, thermal host facilities with electricity requirements met in whole, or in part, by onsite electricity generation, including direct and indirect combined heat and power or waste recovery. CommentsClose CommentsPermalink

(b) Report on the Deployment of Industrial Energy Efficiency- CommentsClose CommentsPermalink

(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing-- CommentsClose CommentsPermalink

(A) the results of the study conducted under paragraph (2); and CommentsClose CommentsPermalink

(B) recommendations and guidance developed under paragraph (3). CommentsClose CommentsPermalink

(2) STUDY- The Secretary, in coordination with the industrial sector, shall conduct a study of the following: CommentsClose CommentsPermalink

(A) The legal, regulatory, and economic barriers to the deployment of industrial energy efficiency in freezer component if the component manufacturerall electricity markets (including organized wholesale electricity markets, and regulated electricity markets), including, as applicable, the following: CommentsClose CommentsPermalink

(i) Transmission and distribution interconnection requirements. CommentsClose CommentsPermalink

(ii) Standby, back-up, and maintenance fees (including demand ratchets). CommentsClose CommentsPermalink

(iii) Exit fees. CommentsClose CommentsPermalink

(iv) Life of contract demand ratchets. CommentsClose CommentsPermalink

(v) Net metering. CommentsClose CommentsPermalink

(vi) Calculation of avoided cost rates. CommentsClose CommentsPermalink

(vii) Power purchase agreements. CommentsClose CommentsPermalink

(viii) Energy market structures. CommentsClose CommentsPermalink

(ix) Capacity market structures. CommentsClose CommentsPermalink

(x) Other barriers as may be identified by the Secretary, in coordination with the industrial sector. CommentsClose CommentsPermalink

(B) Examples of -- CommentsClose CommentsPermalink

(i) successful State and Federal policies that resulted in greater use of industrial energy efficiency; CommentsClose CommentsPermalink

(ii) successful private initiatives that resulted in greater use of industrial energy efficiency; and CommentsClose CommentsPermalink

(iii) cost-effective policies used by foreign countries to foster industrial energy efficiency. CommentsClose CommentsPermalink

(C) The estimated economic benefits to the national economy of providing the industrial sector with Federal energy efficiency matching grants of $5,000,000,000 for 5- and 10-year periods, including benefits relating to-- CommentsClose CommentsPermalink

(i) estimated energy and emission reductions; CommentsClose CommentsPermalink

(ii) direct and indirect jobs saved or created; CommentsClose CommentsPermalink

(iii) direct and indirect capital investment; CommentsClose CommentsPermalink

(iv) the gross domestic product; and CommentsClose CommentsPermalink

(v) trade balance impacts. CommentsClose CommentsPermalink

(D) The estimated energy savings available from increased use of recycled material in energy-intensive manufacturing processes. CommentsClose CommentsPermalink

(3) RECOMMENDATIONS AND GUIDANCE- The Secretary, in coordination with the industrial sector, shall develop policy recommendations regarding the deployment of industrial energy efficiency, including proposed regulatory guidance to States and relevant Federal agencies to address barriers to deployment. CommentsClose CommentsPermalink

SEC. 203. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING CAPABILITIES IN THE UNITED STATES.
(a) In General- Not later than 60 days after the date of enactment of this Act, the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct a study of the development of advanced manufacturing capabilities for various energy technologies, including-- CommentsClose CommentsPermalink

(1) an assessment of the manufacturing supply chains of established and emerging industries; CommentsClose CommentsPermalink

(2) an analysis of-- CommentsClose CommentsPermalink

(A) the manner in which supply chains have changed over the 25-year period ending on the date of enactment of this Act; CommentsClose CommentsPermalink

(B) current trends in supply chains; and CommentsClose CommentsPermalink

(C) the energy intensity of each part of the supply chain and opportunities for improvement; CommentsClose CommentsPermalink

(3) for each technology or manufacturing sector, an analysis of which sections of the supply chain are critical for the United States to retain or develop to be competitive in the manufacturing of the technology; CommentsClose CommentsPermalink

(4) an assessment of which emerging energy technologies the United States should focus on to create or enhance manufacturing capabilities; and CommentsClose CommentsPermalink

(5) recommendations on leveraging the expertise of energy efficiency and renewable energy user facilities so that best materials and manufacturing practices are designed and implemented. CommentsClose CommentsPermalink

(b) Report- Not later than 2 years after the date on which the Secretary enters into the agreement with the Academy described in subsection (a), the Academy shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Secretary a report describing the results of the study required under this section, including any findings and recommendations. CommentsClose CommentsPermalink

SEC. 204. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.
The Secretary shall establish an advisory steering committee that includes national trade associations representing energy-intensive industries or energy service providers to provide recommendations to the Secretary on planning and implementation of the Industrial Technologies Program of the Department of Energy. CommentsClose CommentsPermalink

TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY
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TITLE III--FEDERAL AGENCY ENERGY EFFICIENCY CommentsClose CommentsPermalink

SEC. 301. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

(1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and CommentsClose CommentsPermalink

(2) by inserting after subsection (c) the following: CommentsClose CommentsPermalink

‘(d) Availability of Funds for Design Updates- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has demonstrated to the satisfaction of the Secretary that the component reduces energybeen substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act (
) and other requirements established under section 3312. CommentsClose CommentsPermalink 42 U.S.C. 6834 ‘(2) LIMITATION- The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life-cycle cost analysis under section 544 of the National Energy Conservation Policy Act (
).’. CommentsClose CommentsPermalink 42 U.S.C. 8254
SEC. 302. BEST PRACTICES FOR ADVANCED METERING.
Section 543(e) of the National Energy Conservation Policy Act (

‘(3) PLAN- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date on which guidelines are established under paragraph (2), in a report submitted by the agency under section 548(a), each agency shall submit to the Secretary a plan describing the manner in which the agency will implement the requirements of paragraph (1), including-- CommentsClose CommentsPermalink
‘(i) how the agency will designate personnel primarily responsible for achieving the requirements; and CommentsClose CommentsPermalink
‘(ii) a demonstration by the agency, complete with documentation, of any finding that advanced meters or advanced metering devices (as those terms are used in paragraph (1)), are not practicable. CommentsClose CommentsPermalink
‘(B) UPDATES- Reports submitted under subparagraph (A) shall be updated annually. CommentsClose CommentsPermalink
‘(4) BEST PRACTICES REPORT- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date of enactment of this paragraph, the Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of General Services, shall develop, and issue a report on, best practices for the use of advanced metering of energy use in Federal facilities, buildings, and equipment by Federal agencies. CommentsClose CommentsPermalink
‘(B) UPDATING- The report described under subparagraph (A) shall be updated annually. CommentsClose CommentsPermalink
‘(C) COMPONENTS- The report shall include, at a minimum-- CommentsClose CommentsPermalink
‘(i) summaries and analysis of the reports by agencies under paragraph (3); CommentsClose CommentsPermalink
‘(ii) recommendations on standard requirements or guidelines for automated energy management systems, including-- CommentsClose CommentsPermalink
‘(I) potential common communications standards to allow data sharing and reporting; CommentsClose CommentsPermalink
‘(II) means of facilitating continuous commissioning of buildings and evidence-based maintenance of buildings and building systems; and CommentsClose CommentsPermalink
‘(III) standards for sufficient levels of security and protection against cyber threats to ensure systems cannot be controlled by unauthorized persons; and CommentsClose CommentsPermalink
‘(iii) an analysis of-- CommentsClose CommentsPermalink
‘(I) the types of advanced metering and monitoring systems being piloted, tested, or installed in Federal buildings; and CommentsClose CommentsPermalink
‘(II) existing techniques used within the private sector or other non-Federal government buildings.’. CommentsClose CommentsPermalink
SEC. 303. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION STANDARD.
Section 543 of the National Energy Conservation Policy Act (

(1) by redesignating the second subsection (f) (as added by section 434(a) of

(2) in subsection (f)(7), by striking subparagraph (A) and inserting the following: CommentsClose CommentsPermalink

‘(A) IN GENERAL- For each facility that meets the criteria established by the Secretary under paragraph (2)(B), the energy manager shall use the web-based tracking system under subparagraph (B)-- CommentsClose CommentsPermalink
‘(i) to certify compliance with the requirements for-- CommentsClose CommentsPermalink
‘(I) energy and water evaluations under paragraph (3); CommentsClose CommentsPermalink
‘(II) implementation of identified energy and water measures under paragraph (4); and CommentsClose CommentsPermalink
‘(III) follow-up on implemented measures under paragraph (5); and CommentsClose CommentsPermalink
‘(ii) to publish energy and water consumption at least as much as if such subparagraph were to apply. In support of any demonstration under this paragraph, a manufacturer shall provide to the Secretary alldata and technical information necessary to fully evaluate its applicationdata on an individual facility basis.’. CommentsClose CommentsPermalink
SEC. 304. FEDERAL PURCHASE REQUIREMENT.
Section 203 of the Energy Policy Act of 2005 (

(1) in subsections (a) and (b)(2), by striking ‘electric energy’ each place it appears and inserting ‘electric, direct, and thermal energy’; CommentsClose CommentsPermalink

(2) in subsection (b)(2)-- CommentsClose CommentsPermalink

(A) by inserting ‘, or avoided by,’ after ‘generated from’; and CommentsClose CommentsPermalink

(B) by inserting ‘(including ground-source, reclaimed, and ground water)’after ‘geothermal’; CommentsClose CommentsPermalink

(3) by redesignating subsection (d) as subsection (e); and CommentsClose CommentsPermalink

(4) by inserting after subsection (c) the following: CommentsClose CommentsPermalink

‘(d) Separate Calculation- Renewable energy produced at a Federal facility, on Federal land, or on Indian land (as defined in section 2601 of the Energy Policy Act of 1992 (
))-- CommentsClose CommentsPermalink 25 U.S.C. 3501
‘(1) shall be calculated (on a BTU-equivalent basis) separately from renewable energy used; and CommentsClose CommentsPermalink
‘(2) may be used individually or in combination to comply with subsection (a).’. CommentsClose CommentsPermalink
SEC. 305. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.
(a) In General- The Secretary of Energy shall conduct a study on the feasibility of a government-wide data center consolidation, with an overall Federal target of a minimum of 800 Federal data center closures by October 1, 2015. CommentsClose CommentsPermalink

(b) Coordination- In conducting the study, the Secretary shall coordinate with Federal data center program managers, facilities managers, and sustainability officers. CommentsClose CommentsPermalink

(c) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study, including a description of agency best practices in data center consolidation. CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Secretary.CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H.R. 4850CommentsClose CommentsPermalink

AMENDMENTCommentsClose CommentsPermalink

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U.S. Congress - Text of H.R.4850 as Engrossed Amendment Senate Enabling Energy Saving Innovations Act



