S 156 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 156CommentsClose CommentsPermalink

To amend the Energy Policy and Conservation Act to provide a uniform efficiency descriptor for covered water heaters.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 25 (legislative day, January 5), 2011CommentsClose CommentsPermalink

Mr. KOHL (for himself, Mr. CORKER, Mr. ALEXANDER, and Mr. PRYOR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Energy Policy and Conservation Act to provide a uniform efficiency descriptor for covered water heaters.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Water Heater Rating Improvement Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS.

Section 325(e) of the Energy Policy and Conservation Act (42 U.S.C. 6295(e)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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; andCommentsClose 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; andCommentsClose 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 apply 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; andCommentsClose 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; andCommentsClose 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; orCommentsClose 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; andCommentsClose CommentsPermalink





‘(ii) complied with the efficiency standards and labeling requirements in effect prior to the final rule.’.CommentsClose CommentsPermalink