A bill to amend the Energy Policy and Conservation Act to establish efficiency standards for bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas.

Summary: Amends the Energy Policy and Conservation Act to include bottle-type water dispensers and compartment bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas as "covered products" under the Energy Conservation Program for Consumer Products Other than Automobiles.

Sets forth requirements concerning: (1) test procedures for such dispensers, cabinets, and spas; (2) standby energy consumption standards for dispensers; (3) idle energy rate standards for cabinets; and (4) normalized standby power rates standards for spas.

Excludes from the general rule of preemption for energy conservation standards before federal standards become effective for products a state regulation that establishes efficiency standards for such dispensers, cabinets, and spas. Excludes from the general rule of preemption when federal standards become effective for products a regulation that establishes standards for such products and is adopted by the California Energy Commission by January 1, 2013.

SECTION 1. 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) is amended by adding at the end the following:
            ``(67) Bottle-type water dispenser.--The term `bottle-type 
        water dispenser' means a drinking water dispenser that is--
                    ``(A) designed for dispensing hot and cold water; 
                and
                    ``(B) uses a removable bottle or container as the 
                source of potable water.
            ``(68) Commercial hot food holding cabinet.--
                    ``(A) In general.--The term `commercial hot food 
                holding cabinet' means a heated, fully-enclosed 
                compartment that--
                            ``(i) is designed to maintain the 
                        temperature of hot food that has been cooked in 
                        a separate appliance;
                            ``(ii) has 1 or more solid or glass doors; 
                        and
                            ``(iii) has an interior volume of 8 cubic 
                        feet or more.
                    ``(B) Exclusions.--The term `commercial hot food 
                holding cabinet' does not include--
                            ``(i) a heated glass merchandising cabinet;
                            ``(ii) a drawer warmer; or
                            ``(iii) a cook-and-hold appliance.
            ``(69) Compartment bottle-type water dispenser.--The term 
        `compartment bottle-type water dispenser' means a drinking 
        water dispenser that--
                    ``(A) is designed for dispensing hot and cold 
                water;
                    ``(B) uses a removable bottle or container as the 
                source of potable water; and
                    ``(C) includes a refrigerated compartment with or 
                without provisions for making ice.
            ``(70) Portable electric spa.--
                    ``(A) In general.--The term `portable electric spa' 
                means a factory-built electric spa or hot tub that--
                            ``(i) is intended for the immersion of 
                        persons in heated water circulated in a closed 
                        system; and
                            ``(ii) is not intended to be drained and 
                        filled with each use.
                    ``(B) Inclusions.--The term `portable electric spa' 
                includes--
                            ``(i) a filter;
                            ``(ii) a heater (including an electric, 
                        solar, or gas heater);
                            ``(iii) a pump;
                            ``(iv) a control; and
                            ``(v) other equipment, such as a light, a 
                        blower, and water sanitizing equipment.
                    ``(C) Exclusions.--The term `portable electric spa' 
                does not include--
                            ``(i) a permanently installed spa that, 
                        once installed, cannot be moved; or
                            ``(ii) a spa that is specifically designed 
                        and exclusively marketed for medical treatment 
                        or physical therapy purposes.
            ``(71) Water dispenser.--The term `water dispenser' means a 
        factory-made assembly that--
                    ``(A) mechanically cools and heats potable water; 
                and
                    ``(B) dispenses the cooled or heated water by 
                integral or remote means.''.
    (b) Coverage.--Section 322(a) of the Energy Policy and Conservation 
Act (42 U.S.C. 6292(a)) is amended--
            (1) by redesignating paragraph (20) as paragraph (23); and
            (2) by inserting after paragraph (19) the following:
            ``(20) Bottle-type water dispensers and compartment bottle-
        type water dispensers.
            ``(21) Commercial hot food holding cabinets.
            ``(22) Portable electric spas.''.
    (c) 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:
            ``(19) Bottle-type water dispensers.--
                    ``(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.
                    ``(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).
            ``(20) Commercial hot food holding cabinets.--
                    ``(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).
                    ``(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.
            ``(21) Portable electric spas.--
                    ``(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.
                    ``(B) Normalized consumption.--Consumption shall be 
                normalized under this paragraph for a water temperature 
                difference of 37 degrees Fahrenheit.
                    ``(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.''.
    (d) Standards.--Section 325 of the Energy Policy and Conservation 
Act (42 U.S.C. 6295) is amended--
            (1) by redesignating subsection (ii) as subsection (mm); 
        and
            (2) by inserting after subsection (hh) the following:
    ``(ii) Bottle-Type Water Dispensers.--Effective beginning January 
1, 2012--
            ``(1) a bottle-type water dispenser shall not have standby 
        energy consumption that is greater than 1.2 kilowatt-hours per 
        day; and
            ``(2) a compartment bottle-type water dispenser shall not 
        have standby energy consumption that is greater than 1.3 
        kilowatt-hours per day.
    ``(jj) Commercial Hot Food Holding Cabinets.--Effective beginning 
January 1, 2012, a commercial hot food holding cabinet shall have a 
maximum idle energy rate of 40 watts per cubic foot of interior volume.
    ``(kk) Portable Electric Spas.--Effective beginning January 1, 
2012, a portable electric spa shall not have a normalized standby power 
rate of greater than 5 (V\2/3\) Watts (in which `V' equals the fill 
volume (in gallons)).
    ``(ll) Revisions.--
            ``(1) In general.--Not later than January 1, 2013, the 
        Secretary shall--
                    ``(A) consider in accordance with subsection (o) 
                revisions to the standards established under 
                subsections (ii), (jj), and (kk); and
                    ``(B)(i) publish a final rule establishing the 
                revised standards; or
                    ``(ii) make a finding that no revisions are 
                technically feasible and economically justified.
            ``(2) Effective date.--Any revised standards under this 
        subsection take effect on January 1, 2016.''.
    (e) Preemption.--Section 327 of the Energy Policy and Conservation 
Act (42 U.S.C. 6297) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (6), by striking ``or'' after the 
                semicolon at the end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(8) is a regulation that--
                    ``(A) establishes efficiency standards for bottle-
                type water dispensers, compartment bottle-type water 
                dispensers, commercial hot food holding cabinets, or 
                portable electric spas; and
                    ``(B) is in effect on or before the date of 
                enactment of this paragraph.''; and
            (2) in subsection (c)--
                    (A) in paragraph (8)(B), by striking ``and'' after 
                the semicolon at the end;
                    (B) in paragraph (9)--
                            (i) by striking ``except that--'' and all 
                        that follows through ``if the Secretary'' and 
                        inserting ``except that if the Secretary'';
                            (ii) by redesignating clauses (i) and (ii) 
                        as subparagraphs (A) and (B), respectively, and 
                        indenting appropriately; and
                            (iii) in subparagraph (B) (as so 
                        redesignated), by striking the period at the 
                        end and inserting ``and''; and
                    (C) by adding at the end the following:
            ``(10) is a regulation that--
                    ``(A) establishes efficiency standards for bottle-
                type water dispensers, compartment bottle-type water 
                dispensers, commercial hot food holding cabinets, or 
                portable electric spas; and
                    ``(B) is adopted by the California Energy 
                Commission on or before January 1, 2013.''.