Version	Word Count	Changes From Previous Version	Percent Change
Introduced in Senate	18,423	n/a	n/a
Reported in Senate	18,687	55 Show Changes Hide Changes	2%

Display Version Introduced in Senate Reported in Senate

S 398 ISRSCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 398CommentsClose CommentsPermalink

To amend the Energy Policy and Conservation Act to improve the energy-efficiency of certain appliances and equipment, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 17, 2011CommentsClose CommentsPermalink

Mr. BINGAMAN (for himself and, Ms. MURKOWSKI, Mr. BEGICH, Mr. KERRY, Ms. KLOBUCHAR, Mr. WHITEHOUSE, Mr. WYDEN, Mrs. MURRAY, Mr. COONS, Mr. BAUCUS, Ms. CANTWELL, Mrs. SHAHEEN, Mrs. FEINSTEIN, Mr. MENENDEZ, Mr. WARNER, Mr. MERKLEY, Ms. STABENOW, Mr. UDALL of Colorado, Mr. PRYOR, Mr. FRANKEN, Mr. LIEBERMAN, Mr. DURBIN, Mr. CASEY, Mr. KOHL, Mrs. MCCASKILL, Mr. CARPER, Mr. JOHNSON of South Dakota, and Mr. SCHUMER) 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 improve the energy-efficiency of certain appliances and equipment, and for other purposes.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; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Implementation of National Consensus Appliance Agreements Act of 2011’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Energy conservation standards.CommentsClose CommentsPermalink





Sec. 3. Energy conservation standards for heat pump pool heaters.CommentsClose CommentsPermalink





Sec. 4. GU-24 base lamps.CommentsClose CommentsPermalink





Sec. 5. Efficiency standards for bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas.CommentsClose CommentsPermalink





Sec. 6. Test procedure petition process.CommentsClose CommentsPermalink





Sec. 7. Amendments to home appliance test methods.CommentsClose CommentsPermalink





Sec. 8. Credit for Energy Star smart appliances.CommentsClose CommentsPermalink





Sec. 9. Video game console energy efficiency study.CommentsClose CommentsPermalink





Sec. 10. Refrigerator and freezer standards.CommentsClose CommentsPermalink





Sec. 11. Room air conditioner standards.CommentsClose CommentsPermalink





Sec. 12. Uniform efficiency descriptor for covered water heaters.CommentsClose CommentsPermalink





Sec. 13. Clothes dryers.CommentsClose CommentsPermalink





Sec. 14. Standards for clothes washers.CommentsClose CommentsPermalink





Sec. 15. Dishwashers.CommentsClose CommentsPermalink





Sec. 16. Petition for amended standards.Sec.Standards for certain reflector lamps. CommentsClose CommentsPermalink





Sec. [Struck out->]16.[<-Struck out] 17. Petition for amended standards.CommentsClose CommentsPermalink





Sec. [Struck out->]17.[<-Struck out] 18. Prohibited acts.CommentsClose CommentsPermalink





Sec. 18 [Struck out->]18.[<-Struck out] 19. Outdoor lighting.CommentsClose CommentsPermalink





Sec. 19 [Struck out->]19.[<-Struck out] 20. Standards for commercial furnaces.CommentsClose CommentsPermalink





Sec. 20 [Struck out->]20.[<-Struck out] 21. Service over the counter, self-contained, medium temperature commercial refrigerators.CommentsClose CommentsPermalink





Sec. 21 [Struck out->]21.[<-Struck out] 22. Motor market assessment and commercial awareness program.CommentsClose CommentsPermalink





Sec. 22 [Struck out->]22.[<-Struck out] 23. Study of compliance with energy standards for appliances.CommentsClose CommentsPermalink





Sec. 23 [Struck out->]23.[<-Struck out] 24. Study of direct current electricity supply in certain buildings.CommentsClose CommentsPermalink





Sec. 24 [Struck out->]24.[<-Struck out] 25. Technical corrections.CommentsClose CommentsPermalink

SEC. 2. ENERGY CONSERVATION STANDARDS.

(a) Definition of Energy Conservation Standard- Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended--CommentsClose CommentsPermalink





(1) by striking paragraph (6) and inserting the following:CommentsClose CommentsPermalink





‘(6) ENERGY CONSERVATION STANDARD-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘energy conservation standard’ means 1 or more performance standards that--CommentsClose CommentsPermalink





‘(i) for covered products (excluding clothes washers, dishwashers, showerheads, faucets, water closets, and urinals), prescribe a minimum level of energy efficiency or a maximum quantity of energy use, determined in accordance with test procedures prescribed under section 323;CommentsClose CommentsPermalink





‘(ii) for showerheads, faucets, water closets, and urinals, prescribe a minimum level of water efficiency or a maximum quantity of water use, determined in accordance with test procedures prescribed under section 323; andCommentsClose CommentsPermalink





‘(iii) for clothes washers and dishwashers--CommentsClose CommentsPermalink





‘(I) prescribe a minimum level of energy efficiency or a maximum quantity of energy use, determined in accordance with test procedures prescribed under section 323; andCommentsClose CommentsPermalink





‘(II) include a minimum level of water efficiency or a maximum quantity of water use, determined in accordance with those test procedures.CommentsClose CommentsPermalink





‘(B) INCLUSIONS- The term ‘energy conservation standard’ includes--CommentsClose CommentsPermalink





‘(i) 1 or more design requirements, if the requirements were established--CommentsClose CommentsPermalink





‘(I) on or before the date of enactment of this subclause;CommentsClose CommentsPermalink





‘(II) as part of a direct final rule under section 325(p)(4); orCommentsClose CommentsPermalink





‘(III) as part of a final rule published on or after January 1, 2012; andCommentsClose CommentsPermalink





‘(ii) any other requirements that the Secretary may prescribe under section 325(r).CommentsClose CommentsPermalink





‘(C) EXCLUSION- The term ‘energy conservation standard’ does not include a performance standard for a component of a finished covered product, unless regulation of the component is specifically authorized or established pursuant to this title.’; andCommentsClose CommentsPermalink





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





‘(67) EER- The term ‘EER’ means energy efficiency ratio.CommentsClose CommentsPermalink





‘(68) HSPF- The term ‘HSPF’ means heating seasonal performance factor.’.CommentsClose CommentsPermalink





(b) EER and HSPF Test Procedures- Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(19) EER AND HSPF TEST PROCEDURES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), for purposes of residential central air conditioner and heat pump standards that take effect on or before January 1, 2015--CommentsClose CommentsPermalink





‘(i) the EER shall be tested at an outdoor test temperature of 95 degrees Fahrenheit; andCommentsClose CommentsPermalink





‘(ii) the HSPF shall be calculated based on Region IV conditions.CommentsClose CommentsPermalink





‘(B) REVISIONS- The Secretary may revise the EER outdoor test temperature and the conditions for HSPF calculations as part of any rulemaking to revise the central air conditioner and heat pump test method.’.CommentsClose CommentsPermalink





(c) Central Air Conditioners and Heat Pumps- Section 325(d) of the Energy Policy and Conservation Act (42 U.S.C. 6295(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) CENTRAL AIR CONDITIONERS AND HEAT PUMPS (EXCEPT THROUGH-THE-WALL CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL CENTRAL AIR CONDITIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOCITY SYSTEMS) MANUFACTURED ON OR AFTER JANUARY 1, 2015-CommentsClose CommentsPermalink





‘(A) BASE NATIONAL STANDARDS-CommentsClose CommentsPermalink





‘(i) SEASONAL ENERGY EFFICIENCY RATIO- The seasonal energy efficiency ratio of central air conditioners and central air conditioning heat pumps manufactured on or after January 1, 2015, shall not be less than the following:CommentsClose CommentsPermalink





‘(I) Split Systems: 13 for central air conditioners and 14 for heat pumps.CommentsClose CommentsPermalink





‘(II) Single Package Systems: 14.CommentsClose CommentsPermalink





‘(ii) HEATING SEASONAL PERFORMANCE FACTOR- The heating seasonal performance factor of central air conditioning heat pumps manufactured on or after January 1, 2015, shall not be less than the following:CommentsClose CommentsPermalink





‘(I) Split Systems: 8.2.CommentsClose CommentsPermalink





‘(II) Single Package Systems: 8.0.CommentsClose CommentsPermalink





‘(B) REGIONAL STANDARDS-CommentsClose CommentsPermalink





‘(i) SEASONAL ENERGY EFFICIENCY RATIO- The seasonal energy efficiency ratio of central air conditioners and central air conditioning heat pumps manufactured on or after January 1, 2015, and installed in States having historical average annual, population weighted, heating degree days less than 5,000 (specifically the States of Alabama, Arizona, Arkansas, California, Delaware, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Mississippi, Nevada, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia) or in the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States shall not be less than the following:CommentsClose CommentsPermalink





‘(I) Split Systems: 14 for central air conditioners and 14 for heat pumps.CommentsClose CommentsPermalink





‘(II) Single Package Systems: 14.CommentsClose CommentsPermalink





‘(ii) ENERGY EFFICIENCY RATIO- The energy efficiency ratio of central air conditioners (not including heat pumps) manufactured on or after January 1, 2015, and installed in the State of Arizona, California, New Mexico, or Nevada shall be not less than the following:CommentsClose CommentsPermalink





‘(I) Split Systems: 12.2 for split systems having a rated cooling capacity less than 45,000 BTU per hour and 11.7 for products having a rated cooling capacity equal to or greater than 45,000 BTU per hour.CommentsClose CommentsPermalink





‘(II) Single Package Systems: 11.0.CommentsClose CommentsPermalink





‘(iii) APPLICATION OF SUBSECTION (o)(6)- Subsection (o)(6) shall apply to the regional standards set forth in this subparagraph.CommentsClose CommentsPermalink





‘(C) AMENDMENT OF STANDARDS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than January 1, 2017, the Secretary shall publish a final rule to determine whether the standards in effect for central air conditioners and central air conditioning heat pumps should be amended.CommentsClose CommentsPermalink





‘(ii) APPLICATION- The rule shall provide that any amendments shall apply to products manufactured on or after January 1, 2022.CommentsClose CommentsPermalink





‘(D) CONSIDERATION OF ADDITIONAL PERFORMANCE STANDARDS OR EFFICIENCY CRITERIA-CommentsClose CommentsPermalink





‘(i) FORUM- Not later than 4 years in advance of the expected publication date of a final rule for central air conditioners and heat pumps under subparagraph (C), the Secretary shall convene and facilitate a forum for interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of the covered product, States, and efficiency advocates), as determined by the Secretary, to consider adding additional performance standards or efficiency criteria in the forthcoming rule.CommentsClose CommentsPermalink





‘(ii) RECOMMENDATION- If, within 1 year of the initial convening of such a forum, the Secretary receives a recommendation submitted jointly by such representative interested persons to add 1 or more performance standards or efficiency criteria, the Secretary shall incorporate the performance standards or efficiency criteria in the rulemaking process, and, if justified under the criteria established in this section, incorporate such performance standards or efficiency criteria in the revised standard.CommentsClose CommentsPermalink





‘(iii) NO RECOMMENDATION- If no such joint recommendation is made within 1 year of the initial convening of such a forum, the Secretary may add additional performance standards or efficiency criteria if the Secretary finds that the benefits substantially exceed the burdens of the action.CommentsClose CommentsPermalink





‘(E) NEW CONSTRUCTION LEVELS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- As part of any final rule concerning central air conditioner and heat pump standards published after June 1, 2013, the Secretary shall determine if the building code levels specified in section 327(f)(3)(C) should be amended subject to meeting the criteria of subsection (o) when applied specifically to new construction.CommentsClose CommentsPermalink





‘(ii) EFFECTIVE DATE- Any amended levels shall not take effect before January 1, 2018.CommentsClose CommentsPermalink





‘(iii) AMENDED LEVELS- The final rule shall contain the amended levels, if any.’.CommentsClose CommentsPermalink





(d) 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 (42 U.S.C. 6295(d)) (as amended by subsection (c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) 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; andCommentsClose 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; andCommentsClose 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 publication 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 11.00 for products manufactured on or after January 23, 2006.CommentsClose CommentsPermalink





‘(ii) HEATING SEASONAL PERFORMANCE FACTOR- The heating seasonal performance factor for small-duct high-velocity systems shall be not less than 6.8 for products manufactured on or after January 23, 2006.CommentsClose CommentsPermalink





‘(C) RULEMAKING-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than June 30, 2011, the Secretary shall publish a final rule to determine whether standards for through-the-wall central air conditioners, through-the-wall central air conditioning heat pumps and small duct, high velocity systems should be amended.CommentsClose CommentsPermalink





‘(ii) APPLICATION- The rule shall provide that any new or amended standard shall apply to products manufactured on or after June 30, 2016.’.CommentsClose CommentsPermalink





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





‘(5) NON-WEATHERIZED FURNACES (INCLUDING MOBILE HOME FURNACES, BUT NOT INCLUDING BOILERS) MANUFACTURED ON OR AFTER MAY 1, 2013, AND WEATHERIZED FURNACES MANUFACTURED ON OR AFTER JANUARY 1, 2015-CommentsClose CommentsPermalink





‘(A) BASE NATIONAL STANDARDS-CommentsClose CommentsPermalink





‘(i) NON-WEATHERIZED FURNACES- The annual fuel utilization efficiency of non-weatherized furnaces manufactured on or after May 1, 2013, shall be not less than the following:CommentsClose CommentsPermalink





‘(I) Gas furnaces, a level determined by the Secretary in a final rule published not later than June 30, 2011.CommentsClose CommentsPermalink





‘(II) Oil furnaces, 83 percent.CommentsClose CommentsPermalink





‘(ii) WEATHERIZED FURNACES- The annual fuel utilization efficiency of weatherized gas furnaces manufactured on or after January 1, 2015, shall be not less than 81 percent.CommentsClose CommentsPermalink





‘(B) REGIONAL STANDARD-CommentsClose CommentsPermalink





‘(i) ANNUAL FUEL UTILIZATION EFFICIENCY- Not later than June 30, 2011, the Secretary shall--CommentsClose CommentsPermalink





‘(I) publish a final rule determining whether to establish a standard for the annual fuel utilization efficiency of non-weatherized gas furnaces manufactured on or after May 1, 2013, and installed in States having historical average annual, population weighted, heating degree days equal to or greater than 5,000 (specifically the States of Alaska, Colorado, Connecticut, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming); andCommentsClose CommentsPermalink





‘(II) include in the final rule described in subclause (I) any regional standard established under this subparagraph.CommentsClose CommentsPermalink





‘(ii) APPLICATION OF SUBSECTION (o)(6)- Subsection (o)(6) shall apply to any regional standard established under this subparagraph.CommentsClose CommentsPermalink





‘(C) AMENDMENT OF STANDARDS-CommentsClose CommentsPermalink





‘(i) NON-WEATHERIZED FURNACES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Not later than January 1, 2014, the Secretary shall publish a final rule to determine whether the standards in effect for non-weatherized furnaces should be amended.CommentsClose CommentsPermalink





‘(II) APPLICATION- The rule shall provide that any amendments shall apply to products manufactured on or after January 1, 2019.CommentsClose CommentsPermalink





‘(ii) WEATHERIZED FURNACES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Not later than January 1, 2017, the Secretary shall publish a final rule to determine whether the standard in effect for weatherized furnaces should be amended.CommentsClose CommentsPermalink





‘(II) APPLICATION- The rule shall provide that any amendments shall apply to products manufactured on or after January 1, 2022.CommentsClose CommentsPermalink





‘(D) NEW CONSTRUCTION LEVELS-CommentsClose CommentsPermalink





‘(i) IN GENERAL-CommentsClose CommentsPermalink





‘(I) FINAL RULE PUBLISHED AFTER JANUARY 1, 2011- As part of any final rule concerning furnace standards published after January 1, 2011, the Secretary shall establish the building code levels referred to in subclauses (I)(aa), (II)(aa), and (III)(aa) of section 327(f)(3)(C)(i) subject to meeting the criteria of subsection (o) when applied specifically to new construction.CommentsClose CommentsPermalink





‘(II) FINAL RULE PUBLISHED AFTER JUNE 1, 2013- As part of any final rule concerning furnace standards published after June 1, 2013, the Secretary shall determine if the building code levels specified in or pursuant to section 327(f)(3)(C) should be amended subject to meeting the criteria of subsection (o) when applied specifically to new construction.CommentsClose CommentsPermalink





‘(ii) EFFECTIVE DATE- Any amended levels shall not take effect before January 1, 2018.CommentsClose CommentsPermalink





‘(iii) AMENDED LEVELS- The final rule shall contain the amended levels, if any.’.CommentsClose CommentsPermalink





(f) Exception for Certain Building Code Requirements- Section 327(f) of the Energy Policy and Conservation Act (42 U.S.C. 6297(f)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking subparagraphs (B) through (F) and inserting the following:CommentsClose CommentsPermalink





‘(B) The code does not contain a mandatory requirement that, under all code compliance paths, requires that the covered product have an energy efficiency exceeding 1 of the following levels:CommentsClose CommentsPermalink





‘(i) The applicable energy conservation standard established in or prescribed under section 325.CommentsClose CommentsPermalink





‘(ii) The level required by a regulation of the State for which the Secretary has issued a rule granting a waiver under subsection (d).CommentsClose CommentsPermalink





‘(C) If the energy consumption or conservation objective in the code is determined using covered products, including any baseline building designs against which all submitted building designs are to be evaluated, the objective is based on the use of covered products having efficiencies not exceeding--CommentsClose CommentsPermalink





‘(i) for residential furnaces, central air conditioners, and heat pumps, effective not earlier than January 1, 2013, and until such time as a level takes effect for the product under clause (ii)--CommentsClose CommentsPermalink





‘(I) for the States described in section 325(f)(5)(B)(i)--CommentsClose CommentsPermalink

‘(aa) for gas furnaces, an AFUE level determined by the Secretary; andCommentsClose CommentsPermalink

‘(bb) 14 SEER for central air conditioners (not including heat pumps);CommentsClose CommentsPermalink

‘(II) for the States and other localities described in section 325(d)(4)(B)(i) (except for the States of Arizona, California, Nevada, and New Mexico)--CommentsClose CommentsPermalink

‘(aa) for gas furnaces, an AFUE level determined by the Secretary; andCommentsClose CommentsPermalink

‘(bb) 15 SEER for central air conditioners;CommentsClose CommentsPermalink

‘(III) for the States of Arizona, California, Nevada, and New Mexico--CommentsClose CommentsPermalink

‘(aa) for gas furnaces, an AFUE level determined by the Secretary;CommentsClose CommentsPermalink

‘(bb) 15 SEER for central air conditioners;CommentsClose CommentsPermalink

‘(cc) an EER of 12.5 for air conditioners (not including heat pumps) with cooling capacity less than 45,000 Btu per hour; andCommentsClose CommentsPermalink

‘(dd) an EER of 12.0 for air conditioners (not including heat pumps) with cooling capacity of 45,000 Btu per hour or more; andCommentsClose CommentsPermalink

‘(IV) for all States--CommentsClose CommentsPermalink

‘(aa) 85 percent AFUE for oil furnaces; andCommentsClose CommentsPermalink

‘(bb) 15 SEER and 8.5 HSPF for heat pumps;CommentsClose CommentsPermalink

‘(ii) the building code levels established pursuant to section 325; orCommentsClose CommentsPermalink





‘(iii) the applicable standards or levels specified in subparagraph (B).CommentsClose CommentsPermalink





‘(D) The credit to the energy consumption or conservation objective allowed by the code for installing a covered product having an energy efficiency exceeding the applicable standard or level specified in subparagraph (C) is on a 1-for-1 equivalent energy use or equivalent energy cost basis, which may take into account the typical lifetimes of the products and building features, using lifetimes for covered products based on information published by the Department of Energy or the American Society of Heating, Refrigerating and Air-Conditioning Engineers.CommentsClose CommentsPermalink





‘(E) If the code sets forth 1 or more combinations of items that meet the energy consumption or conservation objective, and if 1 or more combinations specify an efficiency level for a covered product that exceeds the applicable standards and levels specified in subparagraph (B)--CommentsClose CommentsPermalink





‘(i) there is at least 1 combination that includes such covered products having efficiencies not exceeding 1 of the standards or levels specified in subparagraph (B); andCommentsClose CommentsPermalink





‘(ii) if 1 or more combinations of items specify an efficiency level for a furnace, central air conditioner, or heat pump that exceeds the applicable standards and levels specified in subparagraph (B), there is at least 1 combination that the State has found to be reasonably achievable using commercially available technologies that includes such products having efficiencies at the applicable levels specified in subparagraph (C), except that no combination need include a product having an efficiency less than the level specified in subparagraph (B)(ii).CommentsClose CommentsPermalink





‘(F) The energy consumption or conservation objective is specified in terms of an estimated total consumption of energy (which may be specified in units of energy or its equivalent cost).’;CommentsClose CommentsPermalink





(2) in paragraph (4)(B)--CommentsClose CommentsPermalink





(A) by inserting after ‘building code’ the first place it appears the following: ‘contains a mandatory requirement that, under all code compliance paths,’; andCommentsClose CommentsPermalink





(B) by striking ‘unless the’ and all that follows through ‘subsection (d)’; andCommentsClose CommentsPermalink





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





‘(5) REPLACEMENT OF COVERED PRODUCT- Paragraph (3) shall not apply to the replacement of a covered product serving an existing building unless the replacement results in an increase in capacity greater than--CommentsClose CommentsPermalink





‘(A) 12,000 Btu per hour for residential air conditioners and heat pumps; orCommentsClose CommentsPermalink





‘(B) 20 percent for other covered products.’.CommentsClose CommentsPermalink

SEC. 3. ENERGY CONSERVATION STANDARDS FOR HEAT PUMP POOL HEATERS.

(a) Definitions-CommentsClose CommentsPermalink





(1) EFFICIENCY DESCRIPTOR- Section 321(22) of the Energy Policy and Conservation Act (42 U.S.C. 6291(22)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (E), by inserting ‘gas-fired’ before ‘pool heaters’; andCommentsClose CommentsPermalink





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





‘(F) For heat pump pool heaters, coefficient of performance of heat pump pool heaters.’.CommentsClose CommentsPermalink





(2) COEFFICIENT OF PERFORMANCE OF HEAT PUMP POOL HEATERS- Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended by inserting after paragraph (25) the following:CommentsClose CommentsPermalink





‘(25A) COEFFICIENT OF PERFORMANCE OF HEAT PUMP POOL HEATERS- The term ‘coefficient of performance of heat pump pool heaters’ means the ratio of the capacity to power input value obtained at the following rating conditions: 50.0 «F db/44.2 «F wb outdoor air and 80.0 «F entering water temperatures, according to AHRI Standard 1160.’.CommentsClose CommentsPermalink





(3) THERMAL EFFICIENCY OF GAS-FIRED POOL HEATERS- Section 321(26) of the Energy Policy and Conservation Act (42 U.S.C. 6291(26)) is amended by inserting ‘gas-fired’ before ‘pool heaters’.CommentsClose CommentsPermalink





(b) Standards for Pool Heaters- Section 325(e)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6295(e)(2)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(2) The thermal efficiency of pool heaters’ and inserting the following:CommentsClose CommentsPermalink





‘(2) POOL HEATERS-CommentsClose CommentsPermalink





‘(A) GAS-FIRED POOL HEATERS- The thermal efficiency of gas-fired pool heaters’; andCommentsClose CommentsPermalink





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





‘(B) HEAT PUMP POOL HEATERS- Heat pump pool heaters manufactured on or after the date of enactment of this subparagraph shall have a minimum coefficient of performance of 4.0.’.CommentsClose CommentsPermalink

SEC. 4. GU-24 BASE LAMPS.

(a) Definitions- Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 2(a)(2)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(69) GU-24- The term ‘GU-24’ means the designation of a lamp socket, based on a coding system by the International Electrotechnical Commission, under which--CommentsClose CommentsPermalink





‘(A) ‘G’ indicates a holder and socket type with 2 or more projecting contacts, such as pins or posts;CommentsClose CommentsPermalink





‘(B) ‘U’ distinguishes between lamp and holder designs of similar type that are not interchangeable due to electrical or mechanical requirements; andCommentsClose CommentsPermalink





‘(C) 24 indicates the distance in millimeters between the electrical contact posts.CommentsClose CommentsPermalink





‘(70) GU-24 ADAPTOR-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘GU-24 Adaptor’ means a 1-piece device, pig-tail, wiring harness, or other such socket or base attachment that--CommentsClose CommentsPermalink





‘(i) connects to a GU-24 socket on 1 end and provides a different type of socket or connection on the other end; andCommentsClose CommentsPermalink





‘(ii) does not alter the voltage.CommentsClose CommentsPermalink





‘(B) EXCLUSION- The term ‘GU-24 Adaptor’ does not include a fluorescent ballast with a GU-24 base.CommentsClose CommentsPermalink





‘(71) GU-24 BASE LAMP- ‘GU-24 base lamp’ means a light bulb designed to fit in a GU-24 socket.’.CommentsClose CommentsPermalink





(b) Standards- Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (ii) as subsection (jj); andCommentsClose CommentsPermalink





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





‘(ii) GU-24 Base Lamps-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A GU-24 base lamp shall not be an incandescent lamp as defined by ANSI.CommentsClose CommentsPermalink





‘(2) GU-24 ADAPTORS- GU-24 adaptors shall not adapt a GU-24 socket to any other line voltage socket.’.CommentsClose CommentsPermalink

SEC. 5. EFFICIENCY STANDARDS FOR BOTTLE-TYPE WATER DISPENSERS, COMMERCIAL HOT FOOD HOLDING CABINETS, AND PORTABLE ELECTRIC SPAS.

(a) Definitions- Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 4(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(72) BOTTLE-TYPE WATER DISPENSER- The term ‘bottle-type water dispenser’ means a drinking water dispenser that is--CommentsClose CommentsPermalink





‘(A) designed for dispensing hot and cold water; andCommentsClose CommentsPermalink





‘(B) uses a removable bottle or container as the source of potable water.CommentsClose CommentsPermalink





‘(73) COMMERCIAL HOT FOOD HOLDING CABINET-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘commercial hot food holding cabinet’ means a heated, fully-enclosed compartment that--CommentsClose CommentsPermalink





‘(i) is designed to maintain the temperature of hot food that has been cooked in a separate appliance;CommentsClose CommentsPermalink





‘(ii) has 1 or more solid or glass doors; andCommentsClose CommentsPermalink





‘(iii) has an interior volume of 8 cubic feet or more.CommentsClose CommentsPermalink





‘(B) EXCLUSIONS- The term ‘commercial hot food holding cabinet’ does not include--CommentsClose CommentsPermalink





‘(i) a heated glass merchandising cabinet;CommentsClose CommentsPermalink





‘(ii) a drawer warmer;CommentsClose CommentsPermalink





‘(iii) a cook-and-hold appliance; orCommentsClose CommentsPermalink





‘(iv) a mobile serving cart with both hot and cold compartments.CommentsClose CommentsPermalink





‘(74) COMPARTMENT BOTTLE-TYPE WATER DISPENSER- The term ‘compartment bottle-type water dispenser’ means a drinking water dispenser that--CommentsClose CommentsPermalink





‘(A) is designed for dispensing hot and cold water;CommentsClose CommentsPermalink





‘(B) uses a removable bottle or container as the source of potable water; andCommentsClose CommentsPermalink





‘(C) includes a refrigerated compartment with or without provisions for making ice.CommentsClose CommentsPermalink





‘(75) PORTABLE ELECTRIC SPA-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘portable electric spa’ means a factory-built electric spa or hot tub that--CommentsClose CommentsPermalink





‘(i) is intended for the immersion of persons in heated water circulated in a closed system; andCommentsClose CommentsPermalink





‘(ii) is not intended to be drained and filled with each use.CommentsClose CommentsPermalink





‘(B) INCLUSIONS- The term ‘portable electric spa’ includes--CommentsClose CommentsPermalink





‘(i) a filter;CommentsClose CommentsPermalink





‘(ii) a heater (including an electric, solar, or gas heater);CommentsClose CommentsPermalink





‘(iii) a pump;CommentsClose CommentsPermalink





‘(iv) a control; andCommentsClose CommentsPermalink





‘(v) other equipment, such as a light, a blower, and water sanitizing equipment.CommentsClose CommentsPermalink





‘(C) EXCLUSIONS- The term ‘portable electric spa’ does not include--CommentsClose CommentsPermalink





‘(i) a permanently installed spa that, once installed, cannot be moved; orCommentsClose CommentsPermalink





‘(ii) a spa that is specifically designed and exclusively marketed for medical treatment or physical therapy purposes.CommentsClose CommentsPermalink





‘(76) WATER DISPENSER- The term ‘water dispenser’ means a factory-made assembly that--CommentsClose CommentsPermalink





‘(A) mechanically cools and heats potable water; andCommentsClose CommentsPermalink





‘(B) dispenses the cooled or heated water by integral or remote means.’.CommentsClose CommentsPermalink





(b) Coverage-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraph (20) as paragraph (23); andCommentsClose CommentsPermalink





(B) by inserting after paragraph (19) the following:CommentsClose CommentsPermalink





‘(20) Bottle-type water dispensers and compartment bottle-type water dispensers.CommentsClose CommentsPermalink





‘(21) Commercial hot food holding cabinets.CommentsClose CommentsPermalink





‘(22) Portable electric spas.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended by striking ‘(19)’ each place it appears in subsections (a)(3), (b)(1)(B), (b)(3), and (b)(5) and inserting ‘(23)’.CommentsClose CommentsPermalink





(B) Section 325(l) of the Energy Policy and Conservation Act (42 U.S.C. 6295(l)) is amended by striking ‘paragraph (19)’ each place it appears in paragraphs (1) and (2) and inserting ‘paragraph (23)’.CommentsClose CommentsPermalink





(c) Test Procedures- Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 2(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(20) BOTTLE-TYPE WATER DISPENSERS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Test procedures for bottle-type water dispensers and compartment bottle-type water dispensers shall be based on the document ‘Energy Star Program Requirements for Bottled Water Coolers version 1.1’ published by the Environmental Protection Agency.CommentsClose CommentsPermalink





‘(B) INTEGRAL, AUTOMATIC TIMERS- A unit with an integral, automatic timer shall not be tested under this paragraph using section 4D of the test criteria (relating to Timer Usage).CommentsClose CommentsPermalink





‘(21) COMMERCIAL HOT FOOD HOLDING CABINETS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Test procedures for commercial hot food holding cabinets shall be based on the test procedures described in ANSI/ASTM F2140-01 (Test for idle energy rate-dry test).CommentsClose CommentsPermalink





‘(B) INTERIOR VOLUME- Interior volume shall be based under this paragraph on the method demonstrated in the document ‘Energy Star Program Requirements for Commercial Hot Food Holding Cabinets’ of the Environmental Protection Agency, as in effect on August 15, 2003.CommentsClose CommentsPermalink





‘(22) PORTABLE ELECTRIC SPAS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Test procedures for portable electric spas shall be based on the test method for portable electric spas described in section 1604 of title 20, California Code of Regulations, as amended on December 3, 2008.CommentsClose CommentsPermalink





‘(B) NORMALIZED CONSUMPTION- Consumption shall be normalized under this paragraph for a water temperature difference of 37 degrees Fahrenheit.CommentsClose CommentsPermalink





‘(C) ANSI TEST PROCEDURE- If the American National Standards Institute publishes a test procedure for portable electric spas, the Secretary shall revise the procedure established under this paragraph, as determined appropriate by the Secretary.’.CommentsClose CommentsPermalink





(d) Standards- Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by section 4(b)) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (ii) as subsection (mm); andCommentsClose CommentsPermalink





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





‘(ii) Bottle-Type Water Dispensers- Effective beginning on the date that is 1 year after the date of enactment of the Implementation of National Consensus Appliance Agreements Act of 2011--CommentsClose CommentsPermalink





‘(1) a bottle-type water dispenser shall not have standby energy consumption that is greater than 1.2 kilowatt-hours per day; andCommentsClose CommentsPermalink





‘(2) a compartment bottle-type water dispenser shall not have standby energy consumption that is greater than 1.3 kilowatt-hours per day.CommentsClose CommentsPermalink





‘(jj) Commercial Hot Food Holding Cabinets- Effective beginning on the date that is 1 year after the date of enactment of the Implementation of National Consensus Appliance Agreements Act of 2011, a commercial hot food holding cabinet shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume.CommentsClose CommentsPermalink





‘(kk) Portable Electric Spas- Effective beginning on the date that is 1 year after the date of enactment of the Implementation of National Consensus Appliance Agreements Act of 2011, a portable electric spa shall not have a normalized standby power rate of greater than 5 (V2/3) Watts (in which ‘V’ equals the fill volume (in gallons)).CommentsClose CommentsPermalink





‘(ll) Revisions-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than the date that is 3 years after the date of enactment of the Implementation of National Consensus Appliance Agreements Act of 2011, the Secretary shall--CommentsClose CommentsPermalink





‘(A) consider in accordance with subsection (o) revisions to the standards established under subsections (ii), (jj), and (kk); andCommentsClose CommentsPermalink





‘(B)(i) publish a final rule establishing the revised standards; orCommentsClose CommentsPermalink





‘(ii) make a finding that no revisions are technically feasible and economically justified.CommentsClose CommentsPermalink





‘(2) EFFECTIVE DATE- Any revised standards under this subsection shall take effect not earlier than the date that is 3 years after the date of the publication of the final rule.’.CommentsClose CommentsPermalink





(e) Preemption- Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended--CommentsClose CommentsPermalink





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





(A) in paragraph (6), by striking ‘or’ after the semicolon at the end;CommentsClose CommentsPermalink





(B) in paragraph (7), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





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





‘(8) is a regulation that--CommentsClose CommentsPermalink





‘(A) establishes efficiency standards for bottle-type water dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; andCommentsClose CommentsPermalink





‘(B) is in effect on or before the date of enactment of this paragraph.’; andCommentsClose CommentsPermalink





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





(A) in paragraph (8)(B), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink





(B) in paragraph (9)--CommentsClose CommentsPermalink





(i) by striking ‘except that--’ and all that follows through ‘if the Secretary’ and inserting ‘except that if the Secretary’;CommentsClose CommentsPermalink





(ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; andCommentsClose CommentsPermalink





(iii) in subparagraph (B) (as so redesignated), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





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





‘(10) is a regulation that--CommentsClose CommentsPermalink





‘(A) establishes efficiency standards for bottle-type water dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; andCommentsClose CommentsPermalink





‘(B) is adopted by the California Energy Commission on or before January 1, 2013.’.CommentsClose CommentsPermalink

SEC. 6. TEST PROCEDURE PETITION PROCESS.

(a) Consumer Products Other Than Automobiles- Section 323(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)(i), by striking ‘amend’ and inserting ‘publish in the Federal Register amended’; andCommentsClose CommentsPermalink





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





‘(B) PETITIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the case of any covered product, any person may petition the Secretary to conduct a rulemaking--CommentsClose CommentsPermalink





‘(I) to prescribe a test procedure for the covered product; orCommentsClose CommentsPermalink





‘(II) to amend the test procedures applicable to the covered product to more accurately or fully comply with paragraph (3).CommentsClose CommentsPermalink





‘(ii) DETERMINATION- The Secretary shall--CommentsClose CommentsPermalink





‘(I) not later than 90 days after the date of receipt of the petition, publish the petition in the Federal Register; andCommentsClose CommentsPermalink





‘(II) not later than 180 days after the date of receipt of the petition, grant or deny the petition.CommentsClose CommentsPermalink





‘(iii) BASIS- The Secretary shall grant a petition if the Secretary finds that the petition contains evidence that, assuming no other evidence was considered, provides an adequate basis for determining that an amended test procedure would more accurately or fully comply with paragraph (3).CommentsClose CommentsPermalink





‘(iv) EFFECT ON OTHER REQUIREMENTS- The granting of a petition by the Secretary under this subparagraph shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraph (3).CommentsClose CommentsPermalink





‘(v) RULEMAKING-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Except as provided in subclause (II), not later than the end of the 18-month period beginning on the date of granting a petition, the Secretary shall publish an amended test procedure or a determination not to amend the test procedure.CommentsClose CommentsPermalink





‘(II) EXTENSION- The Secretary may extend the period described in subclause (I) for 1 additional year.CommentsClose CommentsPermalink





‘(III) DIRECT FINAL RULE- The Secretary may adopt a consensus test procedure in accordance with the direct final rule procedure established under section 325(p)(4).CommentsClose CommentsPermalink





‘(C) TEST PROCEDURES- The Secretary may, in accordance with the requirements of this subsection, prescribe test procedures for any consumer product classified as a covered product under section 322(b).CommentsClose CommentsPermalink





‘(D) NEW OR AMENDED TEST PROCEDURES- The Secretary shall direct the National Institute of Standards and Technology to assist in developing new or amended test procedures.’.CommentsClose CommentsPermalink





(b) Certain Industrial Equipment- Section 343 of the Energy Policy and Conservation Act (42 U.S.C. 6314) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(1) AMENDMENT AND PETITION PROCESS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- At least once every 7 years, the Secretary shall review test procedures for all covered equipment and--CommentsClose CommentsPermalink





‘(i) publish in the Federal Register amended test procedures with respect to any covered equipment, if the Secretary determines that amended test procedures would more accurately or fully comply with paragraphs (2) and (3); orCommentsClose CommentsPermalink





‘(ii) publish notice in the Federal Register of any determination not to amend a test procedure.CommentsClose CommentsPermalink





‘(B) PETITIONS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the case of any class or category of covered equipment, any person may petition the Secretary to conduct a rulemaking--CommentsClose CommentsPermalink





‘(I) to prescribe a test procedure for the covered equipment; orCommentsClose CommentsPermalink





‘(II) to amend the test procedures applicable to the covered equipment to more accurately or fully comply with paragraphs (2) and (3).CommentsClose CommentsPermalink





‘(ii) DETERMINATION- The Secretary shall--CommentsClose CommentsPermalink





‘(I) not later than 90 days after the date of receipt of the petition, publish the petition in the Federal Register; andCommentsClose CommentsPermalink





‘(II) not later than 180 days after the date of receipt of the petition, grant or deny the petition.CommentsClose CommentsPermalink





‘(iii) BASIS- The Secretary shall grant a petition if the Secretary finds that the petition contains evidence that, assuming no other evidence was considered, provides an adequate basis for determining that an amended test method would more accurately promote energy or water use efficiency.CommentsClose CommentsPermalink





‘(iv) EFFECT ON OTHER REQUIREMENTS- The granting of a petition by the Secretary under this paragraph shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraphs (2) and (3).CommentsClose CommentsPermalink





‘(v) RULEMAKING-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Except as provided in subclause (II), not later than the end of the 18-month period beginning on the date of granting a petition, the Secretary shall publish an amended test method or a determination not to amend the test method.CommentsClose CommentsPermalink





‘(II) EXTENSION- The Secretary may extend the period described in subclause (I) for 1 additional year.CommentsClose CommentsPermalink





‘(III) DIRECT FINAL RULE- The Secretary may adopt a consensus test procedure in accordance with the direct final rule procedure established under section 325(p).’;CommentsClose CommentsPermalink





(2) by striking subsection (c); andCommentsClose CommentsPermalink





(3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.CommentsClose CommentsPermalink

SEC. 7. AMENDMENTS TO HOME APPLIANCE TEST METHODS.

Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 5(c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(23) REFRIGERATOR AND FREEZER TEST PROCEDURE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 90 days after the date on which the Secretary publishes the final standard rule that was proposed on September 27, 2010, the Secretary shall finalize the interim final test procedure rule proposed on December 16, 2010, with such subsequent modifications to the test procedure or standards as the Secretary determines to be appropriate and consistent with this part.CommentsClose CommentsPermalink





‘(B) RULEMAKING-CommentsClose CommentsPermalink





‘(i) INITIATION- Not later than January 1, 2012, the Secretary shall initiate a rulemaking to amend the test procedure described in subparagraph (A) only to incorporate measured automatic icemaker energy use.CommentsClose CommentsPermalink





‘(ii) FINAL RULE- Not later than December 31, 2012, the Secretary shall publish a final rule regarding the matter described in clause (i).CommentsClose CommentsPermalink





‘(24) ADDITIONAL HOME APPLIANCE TEST PROCEDURES-CommentsClose CommentsPermalink





‘(A) AMENDED TEST PROCEDURE FOR CLOTHES WASHERS- Not later than October 1, 2011, the Secretary shall publish a final rule amending the residential clothes washer test procedure.CommentsClose CommentsPermalink





‘(B) AMENDED TEST PROCEDURE FOR CLOTHES DRYERS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 180 days after the date of enactment of this paragraph, the Secretary shall publish an amended test procedure for clothes dryers.CommentsClose CommentsPermalink





‘(ii) REQUIREMENT- The amendments to the test procedure shall be limited to modifications requiring that tested dryers are run until the cycle (including cool down) is ended by automatic termination controls, if equipped with those controls.’.CommentsClose CommentsPermalink

SEC. 8. CREDIT FOR ENERGY STAR SMART APPLIANCES.

Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Credit for Smart Appliances- Not later than 180 days after the date of enactment of this subsection, after soliciting comments pursuant to subsection (c)(5), the Administrator of the Environmental Protection Agency, in cooperation with the Secretary, shall determine whether to update the Energy Star criteria for residential refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers, clothes dryers, and room air conditioners to incorporate smart grid and demand response features.’.CommentsClose CommentsPermalink

SEC. 9. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

(a) In General- Part B of title III of the Energy Policy and Conservation Act is amended by inserting after section 324A (42 U.S.C. 6294a) the following:CommentsClose CommentsPermalink

‘SEC. 324B. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

‘(a) Initial Study-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 1 year after the date of enactment of this section, the Secretary shall conduct a study of--CommentsClose CommentsPermalink





‘(A) video game console energy use; andCommentsClose CommentsPermalink





‘(B) opportunities for energy savings regarding that energy use.CommentsClose CommentsPermalink





‘(2) INCLUSIONS- The study under paragraph (1) shall include an assessment of all power-consuming modes and media playback modes of video game consoles.CommentsClose CommentsPermalink





‘(b) Action on Completion- On completion of the initial study under subsection (a), the Secretary shall determine, by regulation, using the criteria and procedures described in section 325(n)(2), whether to initiate a process for establishing minimum energy efficiency standards for video game console energy use.CommentsClose CommentsPermalink





‘(c) Follow-Up Study- If the Secretary determines under subsection (b) that standards should not be established, the Secretary shall conduct a follow-up study in accordance with subsection (a) by not later than 3 years after the date of the determination.’.CommentsClose CommentsPermalink





(b) Application Date- Subsection (nn)(1) of section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as redesignated by section 5(d)(1)) is amended by inserting ‘or section 324B’ after ‘subsection (l), (u), or (v)’ each place it appears.CommentsClose CommentsPermalink

SEC. 10. REFRIGERATOR AND FREEZER STANDARDS.

Section 325(b) of the Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is amended by striking paragraph (4) and inserting the following:CommentsClose CommentsPermalink





‘(4) REFRIGERATORS, REFRIGERATOR-FREEZERS, AND FREEZERS MANUFACTURED AS OF JANUARY 1, 2014-CommentsClose CommentsPermalink





‘(A) DEFINITION OF BUILT-IN PRODUCT CLASS- In this paragraph, the term ‘built-in product class’ means a refrigerator, freezer, or refrigerator with a freezer unit that--CommentsClose CommentsPermalink





‘(i) is 7.75 cubic feet or greater in total volume and 24 inches or less in cabinet depth (not including doors, handles, and custom front panels);CommentsClose CommentsPermalink





‘(ii) is designed to be totally encased by cabinetry or panels attached during installation;CommentsClose CommentsPermalink





‘(iii) is designed to accept a custom front panel or to be equipped with an integral factory-finished face;CommentsClose CommentsPermalink





‘(iv) is designed to be securely fastened to adjacent cabinetry, walls, or floors; andCommentsClose CommentsPermalink





‘(v) has 2 or more sides that are not--CommentsClose CommentsPermalink





‘(I) fully finished; andCommentsClose CommentsPermalink





‘(II) intended to be visible after installation.CommentsClose CommentsPermalink





‘(B) MAXIMUM ENERGY USE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Based on the test procedure in effect on July 9, 2010, the maximum energy use allowed in kilowatt hours per year for each product described in the table contained in clause (ii) (other than refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet and freezers with total refrigerated volume exceeding 30 cubic feet) that is manufactured on or after January 1, 2014, is specified in the table contained in that clause.CommentsClose CommentsPermalink





‘(ii) STANDARDS EQUATIONS- The allowed maximum energy use referred to in clause (i) is as follows:CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

Top Freezer w/o TTD ice  7.35 AV+ 207.0CommentsClose CommentsPermalink

Top Freezer w/ TTD ice  7.65 AV+ 267.0CommentsClose CommentsPermalink

Side Freezer w/o TTD ice  3.68 AV+ 380.6CommentsClose CommentsPermalink

Side Freezer w/ TTD ice   7.58 AV+304.5CommentsClose CommentsPermalink

Bottom Freezer w/o TTD ice  3.68 AV+ 367.2CommentsClose CommentsPermalink

Bottom Freezer w/ TTD ice   4.0 AV+ 431.2CommentsClose CommentsPermalink

Manual Defrost  7.06 AV+ 198.7CommentsClose CommentsPermalink

Partial Automatic   7.06 AV+198.7CommentsClose CommentsPermalink

Manual Defrost    7.06AV+198.7CommentsClose CommentsPermalink

Automatic Defrost  7.35 AV+ 207.0CommentsClose CommentsPermalink

Upright with manual defrost  5.66 AV+ 193.7CommentsClose CommentsPermalink

Upright with automatic defrost  8.70 AV+ 228.3CommentsClose CommentsPermalink

Chest with manual defrost  7.41 AV+ 107.8CommentsClose CommentsPermalink

Chest with automatic defrost 10.33 AV+ 148.1CommentsClose CommentsPermalink

Top Freezer and Bottom Freezer 10.80 AV+ 301.8CommentsClose CommentsPermalink

Side Freezer  6.08 AV+ 400.8CommentsClose CommentsPermalink

Manual Defrost  8.03 AV+ 224.3CommentsClose CommentsPermalink

Partial Automatic  5.25 AV+ 298.5CommentsClose CommentsPermalink

Manual defrost  8.03 AV+ 224.3CommentsClose CommentsPermalink

Automatic defrost  9.53 AV+ 266.3CommentsClose CommentsPermalink

Upright with manual defrost  8.80 AV+ 225.7CommentsClose CommentsPermalink

Upright with automatic defrost 10.26 AV+ 351.9CommentsClose CommentsPermalink

Chest   9.41AV+ 136.8CommentsClose CommentsPermalink

Top Freezer w/o TTD ice  7.84 AV+ 220.8CommentsClose CommentsPermalink

Side Freezer w/o TTD ice  3.93 AV+ 406.0CommentsClose CommentsPermalink

Side Freezer w/ TTD ice  8.08 AV+ 324.8CommentsClose CommentsPermalink

Bottom Freezer w/o TTD ice  3.91 AV+ 390.2CommentsClose CommentsPermalink

Bottom Freezer w/ TTD ice  4.25 AV+ 458.2CommentsClose CommentsPermalink

Automatic Defrost  7.84 AV+ 220.8CommentsClose CommentsPermalink

Upright with automatic defrost 9.32 AV+ 244.6.CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

‘(iii) FINAL RULES-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Except as provided in subclause (II), after the date of publication of each test procedure change made pursuant to section 323(b)(23), in accordance with the procedures described in section 323(e)(2), the Secretary shall publish final rules to amend the standards specified in the table contained in clause (ii).CommentsClose CommentsPermalink





‘(II) EXCEPTION- The standards amendment made pursuant to the test procedure change required under section 323(b)(23)(B) shall be based on the difference between--CommentsClose CommentsPermalink

‘(aa) the average measured automatic ice maker energy use of a representative sample for each product class; andCommentsClose CommentsPermalink

‘(bb) the value assumed by the Department of Energy for ice maker energy use in the test procedure published pursuant to section 323(b)(23)(A).CommentsClose CommentsPermalink

‘(III) APPLICABILITY- Section 323(e)(3) shall not apply to the rules described in this clause.CommentsClose CommentsPermalink





‘(iv) FINAL RULE- The Secretary shall publish any final rule required by clause (iii) by not later than the later of the date that is 180 days after--CommentsClose CommentsPermalink





‘(I) the date of enactment of this clause; orCommentsClose CommentsPermalink





‘(II) the date of publication of a final rule to amend the test procedure described in section 323(b)(23).CommentsClose CommentsPermalink





‘(v) NEW PRODUCT CLASSES- The Secretary may establish 1 or more new product classes as part of the final amended standard adopted pursuant to the test procedure change required under section 323(b)(23)(B) if the 1 or more new product classes are needed to distinguish among products with automatic icemakers.CommentsClose CommentsPermalink





‘(vi) EFFECTIVE DATES OF STANDARDS-CommentsClose CommentsPermalink





‘(I) STANDARDS AMENDMENT FOR FIRST REVISED TEST PROCEDURE- A standards amendment adopted pursuant to a test procedure change required under section 323(b)(23)(A) shall apply to any product manufactured as of January 1, 2014.CommentsClose CommentsPermalink





‘(II) STANDARDS AMENDMENT AFTER REVISED TEST PROCEDURE FOR ICEMAKER ENERGY- An amendment adopted pursuant to a test procedure change required under section 323(b)(23)(B) shall apply to any product manufactured as of the date that is 3 years after the date of publication of the final rule amending the standards.CommentsClose CommentsPermalink





‘(vii) SLOPE AND INTERCEPT ADJUSTMENTS-CommentsClose CommentsPermalink





‘(I) IN GENERAL- With respect to refrigerators, freezers, and refrigerator-freezers, the Secretary may, by rule, adjust the slope and intercept of the equations specified in the table contained in clause (ii)--CommentsClose CommentsPermalink

‘(aa) based on the energy use of typical products of various sizes in a product class; andCommentsClose CommentsPermalink

‘(bb) if the average energy use for each of the classes is the same under the new equations as under the equations specified in the table contained in clause (ii).CommentsClose CommentsPermalink

‘(II) DEADLINE- If the Secretary adjusts the slope and intercept of an equation described in subclause (I), the Secretary shall publish the final rule containing the adjustment by not later than July 1, 2011.CommentsClose CommentsPermalink





‘(viii) EFFECT- A final rule published under clause (iii) pursuant to the test procedure change required under section 323(b)(23)(B) or pursuant to clause (iv) shall not be considered to be an amendment to the standard for purposes of section 325(m).’.CommentsClose CommentsPermalink

SEC. 11. ROOM AIR CONDITIONER STANDARDS.

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





‘(3) MINIMUM ENERGY EFFICIENCY RATIO OF ROOM AIR CONDITIONERS MANUFACTURED ON OR AFTER JUNE 1, 2014-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Based on the test procedure in effect on July 9, 2010, the minimum energy efficiency ratios of room air conditioners manufactured on or after June 1, 2014, shall not be less than that specified in the table contained in subparagraph (B).CommentsClose CommentsPermalink





‘(B) MINIMUM ENERGY EFFICIENCY RATIOS- The minimum energy efficiency ratios referred to in subparagraph (A) are as follows:CommentsClose CommentsPermalink

-----------------------------------------------------CommentsClose CommentsPermalink

‘Product Description Minimum EERCommentsClose CommentsPermalink

-----------------------------------------------------CommentsClose CommentsPermalink

    
6,000 to 7,999 Btu/h        11.2CommentsClose CommentsPermalink



    
8,000-13,999 Btu/h        11.0CommentsClose CommentsPermalink



    
14,000 to 19,999 Btu/h        10.8CommentsClose CommentsPermalink



    
20,000-27,999 Btu/h         9.4CommentsClose CommentsPermalink



    
9.0CommentsClose CommentsPermalink



    
      
6,000 to 7,999 Btu/h        10.2CommentsClose CommentsPermalink



      
8,000-10,999 Btu/h         9.7CommentsClose CommentsPermalink



      
11,000-13,999 Btu/h         9.6CommentsClose CommentsPermalink



      
14,000 to 19,999 Btu/h         9.4CommentsClose CommentsPermalink



      
9.4CommentsClose CommentsPermalink



      
        
9.4CommentsClose CommentsPermalink



        
          
8.8CommentsClose CommentsPermalink



          
Casement Only         9.6CommentsClose CommentsPermalink



          
Casement-Slider       10.5.CommentsClose CommentsPermalink



          
-----------------------------------------------------CommentsClose CommentsPermalink



        CommentsClose CommentsPermalink



      CommentsClose CommentsPermalink



    CommentsClose CommentsPermalink



  CommentsClose CommentsPermalink

‘(C) FINAL RULE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than July 1, 2011, pursuant to the test procedure adopted by the Secretary on January 6, 2011, the Secretary shall amend the standards specified in the table contained in subparagraph (B) in accordance with the procedures described in section 323(e)(2).CommentsClose CommentsPermalink





‘(ii) STANDBY AND OFF MODE ENERGY CONSUMPTION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The Secretary shall integrate standby and off mode energy consumption into the amended energy efficiency ratios standards required under clause (i).CommentsClose CommentsPermalink





‘(II) REQUIREMENTS- The amended standards described in subclause (I) shall reflect the levels of standby and off mode energy consumption that meet the criteria described in section 325(o).CommentsClose CommentsPermalink





‘(iii) APPLICABILITY-CommentsClose CommentsPermalink





‘(I) AMENDMENT OF STANDARD- Section 323(e)(3) shall not apply to the amended standards described in clause (i).CommentsClose CommentsPermalink





‘(II) AMENDED STANDARDS- The amended standards required by this subparagraph shall apply to products manufactured on or after June 1, 2014.’.CommentsClose CommentsPermalink

SEC. 12. 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 (on 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 on the date of enactment of this paragraph;CommentsClose CommentsPermalink





‘(ii) the thermal efficiency and standby loss descriptors in use on 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 on 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

SEC. 13. CLOTHES DRYERS.

Section 325(g)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(4)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(D) MINIMUM ENERGY FACTORS FOR CLOTHES DRYERS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Based on the test procedure in effect as of July 9, 2010, clothes dryers manufactured on or after January 1, 2015, shall comply with the minimum energy factors specified in the table contained in clause (ii).CommentsClose CommentsPermalink





‘(ii) NEW STANDARDS- The minimum energy factors referred to in clause (i) are as follows:CommentsClose CommentsPermalink

-------------------------------------------------CommentsClose CommentsPermalink

‘Product Description   EFCommentsClose CommentsPermalink

-------------------------------------------------CommentsClose CommentsPermalink

Vented Electric Standard 3.17CommentsClose CommentsPermalink

Vented Electric Compact 120V 3.29CommentsClose CommentsPermalink

Vented Electric Compact 240V 3.05CommentsClose CommentsPermalink

Vented Gas 2.81CommentsClose CommentsPermalink

Vent-Less Electric Compact 240V 2.37CommentsClose CommentsPermalink

Vent-Less Electric Combination Washer/Dryer 1.95 CommentsClose CommentsPermalink

-------------------------------------------------CommentsClose CommentsPermalink

‘(iii) FINAL RULE-CommentsClose CommentsPermalink





‘(I) REQUIREMENTS-CommentsClose CommentsPermalink

‘(aa) IN GENERAL- The final rule to amend the clothes dryer test procedure adopted pursuant to section 323(b)(24)(B) shall amend the energy factors standards specified in the table contained in clause (ii) in accordance with the procedures described in section 323(e)(2).CommentsClose CommentsPermalink

‘(bb) REPRESENTATIVE SAMPLE- To establish a representative sample of compliant products, the Secretary shall select a sample of minimally compliant dryers that automatically terminate the drying cycle at not less than 4 percent remaining moisture content.CommentsClose CommentsPermalink

‘(II) STANDBY AND OFF MODE ENERGY CONSUMPTION-CommentsClose CommentsPermalink

‘(aa) INTEGRATION- The Secretary shall integrate standby and off mode energy consumption into the amended standards required under subclause (I).CommentsClose CommentsPermalink

‘(bb) REQUIREMENTS- The amended standards described in item (aa) shall reflect levels of standby and off mode energy consumption that meet the criteria described in section 325(o).CommentsClose CommentsPermalink

‘(III) APPLICABILITY-CommentsClose CommentsPermalink

‘(aa) AMENDMENT OF STANDARD- Section 323(e)(3) shall not apply to the amended standards described in subclause (I).CommentsClose CommentsPermalink

‘(bb) AMENDED STANDARDS- The amended standards required by this clause shall apply to products manufactured on or after January 1, 2015.CommentsClose CommentsPermalink

‘(iv) OTHER STANDARDS- Any dryer energy conservation standard that takes effect after the date of enactment of this subparagraph but before the amended standard required by this subparagraph shall not apply.’.CommentsClose CommentsPermalink

SEC. 14. STANDARDS FOR CLOTHES WASHERS.

Section 325(g)(9) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(9)) is amended by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(B) AMENDMENT OF STANDARDS-CommentsClose CommentsPermalink





‘(i) PRODUCTS MANUFACTURED ON OR AFTER JANUARY 1, 2015-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Based on the test procedure in effect on July 9, 2010, clothes washers manufactured on or after January 1, 2015, shall comply with the minimum modified energy factors and maximum water factors specified in the table contained in subclause (II).CommentsClose CommentsPermalink





‘(II) STANDARDS- The minimum modified energy factors and maximum water factors referred to in subclause (I) are as follows:CommentsClose CommentsPermalink

------------------------------------------------------------------CommentsClose CommentsPermalink

------------------------------------------------------------------CommentsClose CommentsPermalink

‘MEF   WFCommentsClose CommentsPermalink

Top Loading--Standard 1.72  8.0CommentsClose CommentsPermalink

Top Loading--Compact 1.26 14.0CommentsClose CommentsPermalink

Front Loading--Standard  2.2  4.5CommentsClose CommentsPermalink

Front Loading--Compact (less than 1.6 cu. ft. capacity) 1.72 8.0. CommentsClose CommentsPermalink

------------------------------------------------------------------CommentsClose CommentsPermalink

‘(ii) PRODUCTS MANUFACTURED ON OR AFTER JANUARY 1, 2018-CommentsClose CommentsPermalink





‘(I) IN GENERAL- Based on the test procedure in effect on July 9, 2010, top-loading clothes washers manufactured on or after January 1, 2018, shall comply with the minimum modified energy factors and maximum water factors specified in the table contained in subclause (II).CommentsClose CommentsPermalink





‘(II) STANDARDS- The minimum modified energy factors and maximum water factors referred to in subclause (I) are as follows:CommentsClose CommentsPermalink

---------------------------------CommentsClose CommentsPermalink

---------------------------------CommentsClose CommentsPermalink

‘MEF    WFCommentsClose CommentsPermalink

Top Loading--Standard  2.0   6.0 CommentsClose CommentsPermalink

Top Loading--Compact 1.81 11.6.CommentsClose CommentsPermalink

---------------------------------CommentsClose CommentsPermalink

‘(iii) FINAL RULE-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The final rule to amend the clothes washer test procedure adopted pursuant to section 323(b)(24)(A) shall amend the standards described in clauses (i) and (ii) in accordance with the procedures described in section 323(e)(2).CommentsClose CommentsPermalink





‘(II) STANDBY AND OFF MODE ENERGY CONSUMPTION-CommentsClose CommentsPermalink

‘(aa) INTEGRATION- The Secretary shall integrate standby and off mode energy consumption into the amended modified energy factor standards required under subclause (I).CommentsClose CommentsPermalink

‘(bb) REQUIREMENTS- The amended modified energy factor standards described in item (aa) shall reflect levels of standby and off mode energy consumption that meet the criteria described in section 325(o).CommentsClose CommentsPermalink

‘(III) APPLICABILITY-CommentsClose CommentsPermalink

‘(aa) AMENDMENT OF STANDARD- Section 323(e)(3) shall not apply to the amended standards described in subclause (I).CommentsClose CommentsPermalink

‘(bb) AMENDED STANDARDS FOR PRODUCTS MANUFACTURED ON OR AFTER JANUARY 1, 2015- Amended standards required by this clause that are based on clause (i) shall apply to products manufactured on or after January 1, 2015.CommentsClose CommentsPermalink

‘(cc) AMENDED STANDARDS FOR PRODUCTS MANUFACTURED ON OR AFTER JANUARY 1, 2018- Amended standards required by this clause that are based on clause (ii) shall apply to products manufactured on or after January 1, 2018.’.CommentsClose CommentsPermalink

SEC. 15. DISHWASHERS.

Section 325(g)(10) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(10)) is amended--CommentsClose CommentsPermalink





(1) by striking subparagraph (A);CommentsClose CommentsPermalink





(2) by redesignating subparagraph (B) as subparagraph (D); andCommentsClose CommentsPermalink





(3) by inserting before subparagraph (D) (as redesignated by paragraph (2)) the following:CommentsClose CommentsPermalink





‘(A) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2010- A dishwasher manufactured on or after January 1, 2010, shall--CommentsClose CommentsPermalink





‘(i) for a standard size dishwasher, not exceed 355 kilowatt hours per year and 6.5 gallons per cycle; andCommentsClose CommentsPermalink





‘(ii) for a compact size dishwasher, not exceed 260 kilowatt hours per year and 4.5 gallons per cycle.CommentsClose CommentsPermalink





‘(B) DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2013- A dishwasher manufactured on or after January 1, 2013, shall--CommentsClose CommentsPermalink





‘(i) for a standard size dishwasher, not exceed 307 kilowatt hours per year and 5.0 gallons per cycle; andCommentsClose CommentsPermalink





‘(ii) for a compact size dishwasher, not exceed 222 kilowatt hours per year and 3.5 gallons per cycle.CommentsClose CommentsPermalink





‘(C) REQUIREMENTS OF FINAL RULES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Any final rule to amend the dishwasher test procedure after July 9, 2010, and before January 1, 2013, shall amend the standards described in subparagraph (B) in accordance with the procedures described in section 323(e)(2).CommentsClose CommentsPermalink





‘(ii) APPLICABILITY-CommentsClose CommentsPermalink





‘(I) AMENDMENT OF STANDARD- Section 323(e)(3) shall not apply to the amended standards described in clause (i).CommentsClose CommentsPermalink





‘(II) AMENDED STANDARDS- The amended standards required by this subparagraph shall apply to products manufactured on or after January 1, 2013.’.CommentsClose CommentsPermalink

SEC. 16. STANDARDS FOR CERTAIN REFLECTOR LAMPS.

SEC. [Struck out->]16.[<-Struck out] 17. PETITION FOR AMENDED STANDARDS.

Section 325(n) of the Energy Policy and Conservation Act (42 U.S.C. 6295(n)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (3) as paragraph (5); andCommentsClose 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; orCommentsClose CommentsPermalink





‘(B) a determination that no new or amended standards are necessary.’.CommentsClose CommentsPermalink

SEC. 17 [Struck out->]17.[<-Struck out] 18. PROHIBITED ACTS.

Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘for any manufacturer or private labeler to distribute’ and inserting ‘for any manufacturer (or representative of a manufacturer), distributor, retailer, or private labeler to offer for sale or distribute’;CommentsClose CommentsPermalink





(2) by striking paragraph (5) and inserting the following:CommentsClose CommentsPermalink





‘(5) for any manufacturer (or representative of a manufacturer), distributor, retailer, or private labeler--CommentsClose CommentsPermalink





‘(A) to offer for sale or distribute in commerce any new covered product that is not in conformity with an applicable energy conservation standard established in or prescribed under this part; orCommentsClose CommentsPermalink





‘(B) if the standard is a regional standard that is more stringent than the base national standard, to offer for sale or distribute in commerce any new covered product having knowledge (consistent with the definition of ‘knowingly’ in section 333(b)) that the product will be installed at a location covered by a regional standard established in or prescribed under this part and will not be in conformity with the standard;’;CommentsClose CommentsPermalink





(3) in paragraph (6) (as added by section 306(b)(2) of Public Law 110-140 (121 Stat. 1559)), by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink





(4) by redesignating paragraph (6) (as added by section 321(e)(3) of Public Law 110-140 (121 Stat. 1586)) as paragraph (7);CommentsClose CommentsPermalink





(5) in paragraph (7) (as so redesignated)--CommentsClose CommentsPermalink





(A) by striking ‘for any manufacturer, distributor, retailer, or private labeler to distribute’ and inserting ‘for any manufacturer (or representative of a manufacturer), distributor, retailer, or private labeler to offer for sale or distribute’; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(6) by inserting after paragraph (7) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(8) for any manufacturer or private labeler to distribute in commerce any new covered product that has not been properly certified in accordance with the requirements established in or prescribed under this part;CommentsClose CommentsPermalink





‘(9) for any manufacturer or private labeler to distribute in commerce any new covered product that has not been properly tested in accordance with the requirements established in or prescribed under this part; andCommentsClose CommentsPermalink





‘(10) for any manufacturer or private labeler to violate any regulation lawfully promulgated to implement any provision of this part.’.CommentsClose CommentsPermalink

SEC. 18 [Struck out->]18.[<-Struck out] 19. OUTDOOR LIGHTING.

(a) Definitions-CommentsClose CommentsPermalink





(1) COVERED EQUIPMENT- Section 340(1) of the Energy Policy and Conservation Act (42 U.S.C. 6311(1)) is amended--CommentsClose CommentsPermalink





(A) by redesignating subparagraph (L) as subparagraph (O); andCommentsClose CommentsPermalink





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





‘(L) High light output double-ended quartz halogen lamps.CommentsClose CommentsPermalink





‘(M) General purpose mercury vapor lamps.’.CommentsClose CommentsPermalink





(2) INDUSTRIAL EQUIPMENT- Section 340(2)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6311(2)(B)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’ before ‘unfired hot water’; andCommentsClose CommentsPermalink





(B) by inserting after ‘tanks’ the following: ‘, high light output double-ended quartz halogen lamps, and general purpose mercury vapor lamps’.CommentsClose CommentsPermalink





(3) NEW DEFINITIONS- Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (22) and (23) (as amended by sections 312(a)(2) and 314(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1564, 1569)) as paragraphs (23) and (24), respectively; andCommentsClose CommentsPermalink





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





‘(25) GENERAL PURPOSE MERCURY VAPOR LAMP- The term ‘general purpose mercury vapor lamp’ means a mercury vapor lamp (as defined in section 321) that--CommentsClose CommentsPermalink





‘(A) has a screw base;CommentsClose CommentsPermalink





‘(B) is designed for use in general lighting applications (as defined in section 321);CommentsClose CommentsPermalink





‘(C) is not a specialty application mercury vapor lamp; andCommentsClose CommentsPermalink





‘(D) is designed to operate on a mercury vapor lamp ballast (as defined in section 321) or is a self-ballasted lamp.CommentsClose CommentsPermalink





‘(26) HIGH LIGHT OUTPUT DOUBLE-ENDED QUARTZ HALOGEN LAMP- The term ‘high light output double-ended quartz halogen lamp’ means a lamp that--CommentsClose CommentsPermalink





‘(A) is designed for general outdoor lighting purposes;CommentsClose CommentsPermalink





‘(B) contains a tungsten filament;CommentsClose CommentsPermalink





‘(C) has a rated initial lumen value of greater than 6,000 and less than 40,000 lumens;CommentsClose CommentsPermalink





‘(D) has at each end a recessed single contact, R7s base;CommentsClose CommentsPermalink





‘(E) has a maximum overall length (MOL) between 4 and 11 inches;CommentsClose CommentsPermalink





‘(F) has a nominal diameter less than 3/4 inch (T6);CommentsClose CommentsPermalink





‘(G) is designed to be operated at a voltage not less than 110 volts and not greater than 200 volts or is designed to be operated at a voltage between 235 volts and 300 volts;CommentsClose CommentsPermalink





‘(H) is not a tubular quartz infrared heat lamp; andCommentsClose CommentsPermalink





‘(I) is not a lamp marked and marketed as a Stage and Studio lamp with a rated life of 500 hours or less.CommentsClose CommentsPermalink





‘(27) SPECIALTY APPLICATION MERCURY VAPOR LAMP- The term ‘specialty application mercury vapor lamp’ means a mercury vapor lamp (as defined in section 321) that is--CommentsClose CommentsPermalink





‘(A) designed only to operate on a specialty application mercury vapor lamp ballast (as defined in section 321); andCommentsClose CommentsPermalink





‘(B) is marked and marketed for specialty applications only.CommentsClose CommentsPermalink





‘(28) TUBULAR QUARTZ INFRARED HEAT LAMP- The term ‘tubular quartz infrared heat lamp’ means a double-ended quartz halogen lamp that--CommentsClose CommentsPermalink





‘(A) is marked and marketed as an infrared heat lamp; andCommentsClose CommentsPermalink





‘(B) radiates predominately in the infrared radiation range and in which the visible radiation is not of principle interest.’.CommentsClose CommentsPermalink





(b) Standards- Section 342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(g) High Light Output Double-Ended Quartz Halogen Lamps- A high light output double-ended quartz halogen lamp manufactured on or after January 1, 2016, shall have a minimum efficiency of--CommentsClose CommentsPermalink





‘(1) 27 LPW for lamps with a minimum rated initial lumen value greater than 6,000 and a maximum initial lumen value of 15,000; andCommentsClose CommentsPermalink





‘(2) 34 LPW for lamps with a rated initial lumen value greater than 15,000 and less than 40,000.CommentsClose CommentsPermalink





‘(h) General Purpose Mercury Vapor Lamps- A general purpose mercury vapor lamp shall not be manufactured on or after January 1, 2016.’.CommentsClose CommentsPermalink





(c) Preemption- Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended--CommentsClose CommentsPermalink





(1) in the first sentence of subsection (a), by striking ‘The’ and inserting ‘Except as otherwise provided in this section, the’; andCommentsClose CommentsPermalink





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





‘(i) High Light Output Double-Ended Quartz Halogen Lamps-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), section 327 shall apply to high light output double-ended quartz halogen lamps to the same extent and in the same manner as described in section 325(nn)(1).CommentsClose CommentsPermalink





‘(2) STATE ENERGY CONSERVATION STANDARDS- Any State energy conservation standard that is adopted on or before January 1, 2015, pursuant to a statutory requirement to adopt efficiency standard for reducing outdoor lighting energy use enacted prior to January 31, 2008, shall not be preempted.’.CommentsClose CommentsPermalink

SEC. 19 [Struck out->]19.[<-Struck out] 20. STANDARDS FOR COMMERCIAL FURNACES.

Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(11) Warm air furnaces with an input rating of 225,000 Btu per hour or more and manufactured on or after the date that is 1 year after the date of enactment of this paragraph shall meet the following standard levels:CommentsClose CommentsPermalink





‘(A) Gas-fired units shall--CommentsClose CommentsPermalink





‘(i) have a minimum combustion [Struck out->]combustion[<-Struck out] thermal efficiency of 80 percent;CommentsClose CommentsPermalink





‘(ii) include an interrupted or intermittent ignition device;CommentsClose CommentsPermalink





‘(iii) have jacket losses not exceeding 0.75 percent of the input rating; andCommentsClose CommentsPermalink





‘(iv) have power venting or a flue damper.CommentsClose CommentsPermalink





‘(B) Oil-fired units shall have--CommentsClose CommentsPermalink





‘(i) a minimum thermal efficiency of 81 percent;CommentsClose CommentsPermalink





‘(ii) jacket losses not exceeding 0.75 percent of the input rating; andCommentsClose CommentsPermalink





‘(iii) power venting or a flue damper.’.CommentsClose CommentsPermalink

SEC. 20 [Struck out->]20.[<-Struck out] 21. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM TEMPERATURE COMMERCIAL REFRIGERATORS.

Section 342(c) of the Energy Policy and Conservation Act (42 U.S.C. 6313(c)) is amended--CommentsClose CommentsPermalink





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





(A) by redesignating subparagraph (C) as subparagraph (E); andCommentsClose 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; andCommentsClose 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; andCommentsClose 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. 21 [Struck out->]21.[<-Struck out] 22. MOTOR MARKET ASSESSMENT AND COMMERCIAL AWARENESS PROGRAM.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) electric motor systems account for about half of the electricity used in the United States;CommentsClose CommentsPermalink





(2) electric motor energy use is determined by both the efficiency of the motor and the system in which the motor operates;CommentsClose CommentsPermalink





(3) Federal Government research on motor end use and efficiency opportunities is more than a decade old; andCommentsClose CommentsPermalink





(4) the Census Bureau has discontinued collection of data on motor and generator importation, manufacture, shipment, and sales.CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) DEPARTMENT- The term ‘Department’ means the Department of Energy.CommentsClose CommentsPermalink





(2) INTERESTED PARTIES- The term ‘interested parties’ includes--CommentsClose CommentsPermalink





(A) trade associations;CommentsClose CommentsPermalink





(B) motor manufacturers;CommentsClose CommentsPermalink





(C) motor end users;CommentsClose CommentsPermalink





(D) electric utilities; andCommentsClose CommentsPermalink





(E) individuals and entities that conduct energy efficiency programs.CommentsClose CommentsPermalink





(3) SECRETARY- The term ‘Secretary’ means the Secretary of Energy, in consultation with interested parties.CommentsClose CommentsPermalink





(c) Assessment- The Secretary shall conduct an assessment of electric motors and the electric motor market in the United States that shall--CommentsClose CommentsPermalink





(1) include important subsectors of the industrial and commercial electric motor market (as determined by the Secretary), including--CommentsClose CommentsPermalink





(A) the stock of motors and motor-driven equipment;CommentsClose CommentsPermalink





(B) efficiency categories of the motor population; andCommentsClose CommentsPermalink





(C) motor systems that use drives, servos, and other control technologies;CommentsClose CommentsPermalink





(2) characterize and estimate the opportunities for improvement in the energy efficiency of motor systems by market segment, including opportunities for--CommentsClose CommentsPermalink





(A) expanded use of drives, servos, and other control technologies;CommentsClose CommentsPermalink





(B) expanded use of process control, pumps, compressors, fans or blowers, and material handling components; andCommentsClose CommentsPermalink





(C) substitution of existing motor designs with existing and future advanced motor designs, including electronically commutated permanent magnet, interior permanent magnet, and switched reluctance motors; andCommentsClose CommentsPermalink





(3) develop an updated profile of motor system purchase and maintenance practices, including surveying the number of companies that have motor purchase and repair specifications, by company size, number of employees, and sales.CommentsClose CommentsPermalink





(d) Recommendations; Update- Based on the assessment conducted under subsection (c), the Secretary shall--CommentsClose CommentsPermalink





(1) develop--CommentsClose CommentsPermalink





(A) recommendations to update the detailed motor profile on a periodic basis;CommentsClose CommentsPermalink





(B) methods to estimate the energy savings and market penetration that is attributable to the Save Energy Now Program of the Department; andCommentsClose CommentsPermalink





(C) recommendations for the Director of the Census Bureau on market surveys that should be undertaken in support of the motor system activities of the Department; andCommentsClose CommentsPermalink





(2) prepare an update to the Motor Master+ program of the Department.CommentsClose CommentsPermalink





(e) Program- Based on the assessment, recommendations, and update required under subsections (c) and (d), the Secretary shall establish a proactive, national program targeted at motor end-users and delivered in cooperation with interested parties to increase awareness of--CommentsClose CommentsPermalink





(1) the energy and cost-saving opportunities in commercial and industrial facilities using higher efficiency electric motors;CommentsClose CommentsPermalink





(2) improvements in motor system procurement and management procedures in the selection of higher efficiency electric motors and motor-system components, including drives, controls, and driven equipment; andCommentsClose CommentsPermalink





(3) criteria for making decisions for new, replacement, or repair motor and motor system components.CommentsClose CommentsPermalink

SEC. 22 [Struck out->]22.[<-Struck out] 23. STUDY OF COMPLIANCE WITH ENERGY STANDARDS FOR APPLIANCES.

(a) In General- The Secretary of Energy shall conduct a study of the degree of compliance with energy standards for appliances, including an investigation of compliance rates and options for improving compliance, including enforcement.CommentsClose CommentsPermalink





(b) Report- Not later than 18 months after the date of enactment of this Act, the Secretary of Energy shall submit to the appropriate committees of Congress a report describing the results of the study, including any recommendations.CommentsClose CommentsPermalink

SEC. 23 [Struck out->]23.[<-Struck out] 24. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY IN CERTAIN BUILDINGS.

(a) In General- The Secretary of Energy shall conduct a study--CommentsClose CommentsPermalink





(1) of the costs and benefits (including significant energy efficiency, power quality, and other power grid, safety, and environmental benefits) of requiring high-quality, direct current electricity supply in buildings; andCommentsClose CommentsPermalink





(2) to determine, if the requirement described in paragraph (1) is imposed, what the policy and role of the Federal Government should be in realizing those benefits.CommentsClose CommentsPermalink





(b) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study, including any recommendations.CommentsClose CommentsPermalink

SEC. 24 [Struck out->]24.[<-Struck out] 25. 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 (42 U.S.C. 6295(u)) (as amended by section 301(c) of the Energy Independence and Security Act of 2007 (121 Stat. 1550)) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraph (7) as paragraph (4); andCommentsClose 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 (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) of the Energy Independence and Security Act of 2007 (121 Stat. 1554)) is amended--CommentsClose CommentsPermalink





(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)’; andCommentsClose 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; andCommentsClose 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.’; andCommentsClose 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 (42 U.S.C. 6316) (as amended by section 312(e) of the Energy Independence and Security Act of 2007 (121 Stat. 1567)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘subparagraphs (B) through (G)’ 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’; andCommentsClose 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’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following: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.’; andCommentsClose CommentsPermalink





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





(6) Section 340(13) of the Energy Policy and Conservation Act (42 U.S.C. 6311(13)) (as amended by section 313(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1568)) is amended--CommentsClose CommentsPermalink





(A) by striking subparagraphs (A) and (B) and inserting the following:CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘electric motor’ means any of the following:CommentsClose CommentsPermalink





‘(i) A motor that is a general purpose T-frame, single-speed, foot-mounting, polyphase squirrel-cage induction motor of the National Electrical Manufacturers Association, Design A and B, continuous rated, operating on 230/460 volts and constant 60 Hertz line power as defined in NEMA Standards Publication MG1-1987.CommentsClose CommentsPermalink





‘(ii) A motor incorporating the design elements described in clause (i), but is configured to incorporate 1 or more of the following variations:CommentsClose CommentsPermalink





‘(I) U-frame motor.CommentsClose CommentsPermalink





‘(II) NEMA Design C motor.CommentsClose CommentsPermalink





‘(III) Close-coupled pump motor.CommentsClose CommentsPermalink





‘(IV) Footless motor.CommentsClose CommentsPermalink





‘(V) Vertical solid shaft normal thrust motor (as tested in a horizontal configuration).CommentsClose CommentsPermalink





‘(VI) 8-pole motor.CommentsClose CommentsPermalink





‘(VII) Poly-phase motor with a voltage rating of not more than 600 volts (other than 230 volts or 460 volts, or both, or can be operated on 230 volts or 460 volts, or both).’; andCommentsClose CommentsPermalink





(B) by redesignating subparagraphs (C) through (I) as subparagraphs (B) through (H), respectively.CommentsClose CommentsPermalink





(7)(A) Section 342(b) of the Energy Policy and Conservation Act (42 U.S.C. 6313(b)) is amended--CommentsClose CommentsPermalink





(i) in paragraph (1), by striking ‘paragraph (2)’ and inserting ‘paragraph (3)’;CommentsClose CommentsPermalink





(ii) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4);CommentsClose CommentsPermalink





(iii) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) STANDARDS EFFECTIVE BEGINNING DECEMBER 19, 2010-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except for definite purpose motors, special purpose motors, and those motors exempted by the Secretary under paragraph (3) and except as provided for in subparagraphs (B), (C), and (D), each electric motor manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG-1 (2006) Table 12-12.CommentsClose CommentsPermalink





‘(B) FIRE PUMP ELECTRIC MOTORS- Except for those motors exempted by the Secretary under paragraph (3), each fire pump electric motor manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency that is not less than the nominal full load efficiency described in NEMA MG-1 (2006) Table 12-11.CommentsClose CommentsPermalink





‘(C) NEMA DESIGN B ELECTRIC MOTORS- Except for those motors exempted by the Secretary under paragraph (3), each NEMA Design B electric motor with power ratings of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG-1 (2006) Table 12-11.CommentsClose CommentsPermalink





‘(D) MOTORS INCORPORATING CERTAIN DESIGN ELEMENTS- Except for those motors exempted by the Secretary under paragraph (3), each electric motor described in section 340(13)(A)(ii) manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG-1 (2006) Table 12-11.’; andCommentsClose CommentsPermalink





(iv) in paragraph (3) (as redesignated by clause (ii)), by striking ‘paragraph (1)’ each place it appears in subparagraphs (A) and (D) and inserting ‘paragraphs (1) and (2)’.CommentsClose CommentsPermalink





(B) Section 313 of the Energy Independence and Security Act of 2007 (121 Stat. 1568) is repealed.CommentsClose CommentsPermalink





(C) The amendments made by--CommentsClose CommentsPermalink





(i) subparagraph (A) take effect on December 19, 2010; andCommentsClose CommentsPermalink





(ii) subparagraph (B) take effect on December 19, 2007.CommentsClose CommentsPermalink





(8) Section 321(30)(D)(i)(III) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended by section 321(a)(1)(A) of the Energy Independence and Security Act of 2007 (121 Stat. 1574)) is amended by inserting before the semicolon the following: ‘or, in the case of a modified spectrum lamp, not less than 232 lumens and not more than 1,950 lumens’.CommentsClose CommentsPermalink





(9) Section 321(30)(T) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by section 321(a)(1)(B) of the Energy Independence and Security Act of 2007 (121 Stat. 1574)) is amended--CommentsClose CommentsPermalink





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





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





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





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





(10) Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6295(i)) (as amended by sections 321(a)(3)(A) and 322(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1577, 1588)) is amended by striking the subsection designation and all that follows through the end of paragraph (8) and inserting the following:CommentsClose CommentsPermalink





‘(i) General Service Fluorescent Lamps, General Service Incandescent Lamps, Intermediate Base Incandescent Lamps, Candelabra Base Incandescent Lamps, and Incandescent Reflector Lamps-CommentsClose CommentsPermalink





‘(1) ENERGY EFFICIENCY STANDARDS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Each of the following general service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps manufactured after the effective date specified in the tables listed in this subparagraph shall meet or exceed the standards established in the following tables:CommentsClose CommentsPermalink

‘FLUORESCENT LAMPSCommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

Lamp Type            Nominal Lamp Wattage Minimum CRI Minimum Average Lamp Efficacy (LPW) Effective Date (Period of Months) CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

4-foot medium bi-pin >35 W                69          75.0                                36                                CommentsClose CommentsPermalink

45          75.0                                36CommentsClose CommentsPermalink

2-foot U-shaped      >35 W                69          68.0                                36                                CommentsClose CommentsPermalink

45          64.0                                36CommentsClose CommentsPermalink

8-foot slimline       >65 W               69          80.0                                18                                CommentsClose CommentsPermalink

45          80.0                                18CommentsClose CommentsPermalink

8-foot high output   >100 W               69          80.0                                18                                CommentsClose CommentsPermalink

45          80.0                                18.CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

‘INCANDESCENT REFLECTOR LAMPSCommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

Nominal Lamp Wattage Minimum Average Lamp Efficacy (LPW) Effective Date (Period of Months) CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

40-50               10.5                                36CommentsClose CommentsPermalink

51-66               11.0                                36CommentsClose CommentsPermalink

67-85               12.5                                36CommentsClose CommentsPermalink

86-115              14.0                                36CommentsClose CommentsPermalink

116-155              14.5                                36                                CommentsClose CommentsPermalink

156-205              15.0                                36.                               CommentsClose CommentsPermalink

--------------------------------------------------------------------------------  CommentsClose CommentsPermalink

‘GENERAL SERVICE INCANDESCENT LAMPSCommentsClose CommentsPermalink

-------------------------------------------------------------------------------CommentsClose CommentsPermalink

Rated Lumen Ranges Maximum Rated Wattage Minimum Rated Lifetime Effective Date CommentsClose CommentsPermalink

-------------------------------------------------------------------------------CommentsClose CommentsPermalink

1490-2600                    72              1,000 hrs       1/1/2012CommentsClose CommentsPermalink

1050-1489                    53              1,000 hrs       1/1/2013CommentsClose CommentsPermalink

750-1049                    43              1,000 hrs       1/1/2014CommentsClose CommentsPermalink

310-749                    29              1,000 hrs      1/1/2014.CommentsClose CommentsPermalink

-------------------------------------------------------------------------------CommentsClose CommentsPermalink

‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPSCommentsClose CommentsPermalink

-------------------------------------------------------------------------------CommentsClose CommentsPermalink

Rated Lumen Ranges Maximum Rated Wattage Minimum Rated Lifetime Effective Date CommentsClose CommentsPermalink

-------------------------------------------------------------------------------CommentsClose CommentsPermalink

1118-1950                    72              1,000 hrs       1/1/2012CommentsClose CommentsPermalink

788-1117                    53              1,000 hrs       1/1/2013CommentsClose CommentsPermalink

563-787                    43              1,000 hrs       1/1/2014CommentsClose CommentsPermalink

232-562                    29              1,000 hrs      1/1/2014.CommentsClose CommentsPermalink

-------------------------------------------------------------------------------CommentsClose CommentsPermalink

‘(B) APPLICATION-CommentsClose CommentsPermalink





‘(i) APPLICATION CRITERIA- This subparagraph applies to each lamp that--CommentsClose CommentsPermalink





‘(I) is intended for a general service or general illumination application (whether incandescent or not);CommentsClose CommentsPermalink





‘(II) has a medium screw base or any other screw base not defined in ANSI C81.61-2006;CommentsClose CommentsPermalink





‘(III) is capable of being operated at a voltage at least partially within the range of 110 to 130 volts; andCommentsClose CommentsPermalink





‘(IV) is manufactured or imported after December 31, 2011.CommentsClose CommentsPermalink





‘(ii) REQUIREMENT- For purposes of this paragraph, each lamp described in clause (i) shall have a color rendering index that is greater than or equal to--CommentsClose CommentsPermalink





‘(I) 80 for nonmodified spectrum lamps; orCommentsClose CommentsPermalink





‘(II) 75 for modified spectrum lamps.CommentsClose CommentsPermalink





‘(C) CANDELABRA INCANDESCENT LAMPS AND INTERMEDIATE BASE INCANDESCENT LAMPS-CommentsClose CommentsPermalink





‘(i) CANDELABRA BASE INCANDESCENT LAMPS- Effective beginning January 1, 2012, a candelabra base incandescent lamp shall not exceed 60 rated watts.CommentsClose CommentsPermalink





‘(ii) INTERMEDIATE BASE INCANDESCENT LAMPS- Effective beginning January 1, 2012, an intermediate base incandescent lamp shall not exceed 40 rated watts.CommentsClose CommentsPermalink





‘(D) EXEMPTIONS-CommentsClose CommentsPermalink





‘(i) STATUTORY EXEMPTIONS- The standards specified in subparagraph (A) shall not apply to the following types of incandescent reflector lamps:CommentsClose CommentsPermalink





‘(I) Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps.CommentsClose CommentsPermalink





‘(II) Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps.CommentsClose CommentsPermalink





‘(III) R20 incandescent reflector lamps rated 45 watts or less.CommentsClose CommentsPermalink





‘(ii) ADMINISTRATIVE EXEMPTIONS-CommentsClose CommentsPermalink





‘(I) PETITION- Any person may petition the Secretary for an exemption for a type of general service lamp from the requirements of this subsection.CommentsClose CommentsPermalink





‘(II) CRITERIA- The Secretary may grant an exemption under subclause (I) only to the extent that the Secretary finds, after a hearing and opportunity for public comment, that it is not technically feasible to serve a specialized lighting application (such as a military, medical, public safety, or certified historic lighting application) using a lamp that meets the requirements of this subsection.CommentsClose CommentsPermalink





‘(III) ADDITIONAL CRITERION- To grant an exemption for a product under this clause, the Secretary shall include, as an additional criterion, that the exempted product is unlikely to be used in a general service lighting application.CommentsClose CommentsPermalink





‘(E) EXTENSION OF COVERAGE-CommentsClose CommentsPermalink





‘(i) PETITION- Any person may petition the Secretary to establish standards for lamp shapes or bases that are excluded from the definition of general service lamps.CommentsClose CommentsPermalink





‘(ii) INCREASED SALES OF EXEMPTED LAMPS- The petition shall include evidence that the availability or sales of exempted incandescent lamps have increased significantly since the date on which the standards on general service incandescent lamps were established.CommentsClose CommentsPermalink





‘(iii) CRITERIA- The Secretary shall grant a petition under clause (i) if the Secretary finds that--CommentsClose CommentsPermalink





‘(I) the petition presents evidence that demonstrates that commercial availability or sales of exempted incandescent lamp types have increased significantly since the standards on general service lamps were established and likely are being widely used in general lighting applications; andCommentsClose CommentsPermalink





‘(II) significant energy savings could be achieved by covering exempted products, as determined by the Secretary based in part on sales data provided to the Secretary from manufacturers and importers.CommentsClose CommentsPermalink





‘(iv) NO PRESUMPTION- The grant of a petition under this subparagraph shall create no presumption with respect to the determination of the Secretary with respect to any criteria under a rulemaking conducted under this section.CommentsClose CommentsPermalink





‘(v) EXPEDITED PROCEEDING- If the Secretary grants a petition for a lamp shape or base under this subparagraph, the Secretary shall--CommentsClose CommentsPermalink





‘(I) conduct a rulemaking to determine standards for the exempted lamp shape or base; andCommentsClose CommentsPermalink





‘(II) complete the rulemaking not later than 18 months after the date on which notice is provided granting the petition.CommentsClose CommentsPermalink





‘(F) EFFECTIVE DATES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In this paragraph, except as otherwise provided in a table contained in subparagraph (A) or in clause (ii), the term ‘effective date’ means the last day of the period of months specified in the table after October 24, 1992.CommentsClose CommentsPermalink





‘(ii) SPECIAL EFFECTIVE DATES-CommentsClose CommentsPermalink





‘(I) ER, BR, AND BPAR LAMPS- The standards specified in subparagraph (A) shall apply with respect to ER incandescent reflector lamps, BR incandescent reflector lamps, BPAR incandescent reflector lamps, and similar bulb shapes on and after January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007.CommentsClose CommentsPermalink





‘(II) LAMPS BETWEEN 2.25-2.75 INCHES IN DIAMETER- The standards specified in subparagraph (A) shall apply with respect to incandescent reflector lamps with a diameter of more than 2.25 inches, but not more than 2.75 inches, on and after the later of January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007.CommentsClose CommentsPermalink





‘(2) COMPLIANCE WITH EXISTING LAW- Notwithstanding section 332(a)(5) and section 332(b), it shall not be unlawful for a manufacturer to sell a lamp that is in compliance with the law at the time the lamp was manufactured.CommentsClose CommentsPermalink





‘(3) RULEMAKING BEFORE OCTOBER 24, 1995-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 36 months after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than the end of the 54-month period beginning on October 24, 1992, to determine whether the standards established under paragraph (1) should be amended.CommentsClose CommentsPermalink





‘(B) ADMINISTRATION- The rule shall contain the amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date on which the final rule is published.CommentsClose CommentsPermalink





‘(4) RULEMAKING BEFORE OCTOBER 24, 2000-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 8 years after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than 9 years and 6 months after October 24, 1992, to determine whether the standards in effect for fluorescent lamps and incandescent lamps should be amended.CommentsClose CommentsPermalink





‘(B) ADMINISTRATION- The rule shall contain the amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date on which the final rule is published.CommentsClose CommentsPermalink





‘(5) RULEMAKING FOR ADDITIONAL GENERAL SERVICE FLUORESCENT LAMPS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than the end of the 24-month period beginning on the date labeling requirements under section 324(a)(2)(C) become effective, the Secretary shall--CommentsClose CommentsPermalink





‘(i) initiate a rulemaking procedure to determine whether the standards in effect for fluorescent lamps and incandescent lamps should be amended so that the standards would be applicable to additional general service fluorescent lamps; andCommentsClose CommentsPermalink





‘(ii) publish, not later than 18 months after initiating the rulemaking, a final rule including the amended standards, if any.CommentsClose CommentsPermalink





‘(B) ADMINISTRATION- The rule shall provide that the amendment shall apply to products manufactured after a date which is 36 months after the date on which the rule is published.CommentsClose CommentsPermalink





‘(6) STANDARDS FOR GENERAL SERVICE LAMPS-CommentsClose CommentsPermalink





‘(A) RULEMAKING BEFORE JANUARY 1, 2014-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than January 1, 2014, the Secretary shall initiate a rulemaking procedure to determine whether--CommentsClose CommentsPermalink





‘(I) standards in effect for general service lamps should be amended; andCommentsClose CommentsPermalink





‘(II) the exclusions for certain incandescent lamps should be maintained or discontinued based, in part, on excluded lamp sales collected by the Secretary from manufacturers.CommentsClose CommentsPermalink





‘(ii) SCOPE- The rulemaking--CommentsClose CommentsPermalink





‘(I) shall not be limited to incandescent lamp technologies; andCommentsClose CommentsPermalink