# Energy Independence and Security Act of 2007/Title III/Subtitle A
## Subtitle A—Appliance Energy Efficiency
### SEC. 301. EXTERNAL POWER SUPPLY EFFICIENCY STANDARDS.

    (a) Definitions—
       Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended—
       (1) in paragraph (36)—
          (A) by striking '(36) The' and inserting the following:
                '(36) EXTERNAL POWER SUPPLY-
                   '(A) IN GENERAL- The'; and
          (B) by adding at the end the following:
                   '(B) ACTIVE MODE- The term 'active mode' means the mode of operation when an external power supply is connected to the main electricity supply and the output is connected to a load.
                   '(C) CLASS A EXTERNAL POWER SUPPLY-
                      '(i) IN GENERAL- The term 'class A external power supply' means a device that—
                         '(I) is designed to convert line voltage AC input into lower voltage AC or DC output;
                         '(II) is able to convert to only 1 AC or DC output voltage at a time;
                         '(III) is sold with, or intended to be used with, a separate end-use product that constitutes the primary load;
                         '(IV) is contained in a separate physical enclosure from the end-use product;
                         '(V) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring; and
                         '(VI) has nameplate output power that is less than or equal to 250 watts.
                      '(ii) EXCLUSIONS- The term 'class A external power supply' does not include any device that—
                         '(I) requires Federal Food and Drug Administration listing and approval as a medical device in accordance with section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c); or
                         '(II) powers the charger of a detachable battery pack or charges the battery of a product that is fully or primarily motor operated.
                   '(D) NO-LOAD MODE- The term 'no-load mode' means the mode of operation when an external power supply is connected to the main electricity supply and the output is not connected to a load.'; and
       (2) by adding at the end the following:
                '(52) DETACHABLE BATTERY- The term 'detachable battery' means a battery that is—
                   '(A) contained in a separate enclosure from the product; and
                   '(B) intended to be removed or disconnected from the product for recharging.'.
    (b) 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:
                '(17) CLASS A EXTERNAL POWER SUPPLIES- Test procedures for class A external power supplies shall be based on the 'Test Method for Calculating the Energy Efficiency of Single-Voltage External AC-DC and AC-AC Power Supplies' published by the Environmental Protection Agency on August 11, 2004, except that the test voltage specified in section 4(d) of that test method shall be only 115 volts, 60 Hz.'.
    (c) Efficiency Standards for Class A External Power Supplies—
       Section 325(u) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)) is amended by adding at the end the following:
                '(6) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER SUPPLIES-
                   '(A) IN GENERAL- Subject to subparagraphs (B) through (D), a class A external power supply manufactured on or after the later of July 1, 2008, or the date of enactment of this paragraph shall meet the following standards:
| 'Active Mode | |
| 'Nameplate Output | Required Efficiency (decimal equivalent of a percentage) |
| Less than 1 watt | 0.5 times the Nameplate Output |
| From 1 watt to not more than 51 watts | The sum of 0.09 times the Natural Logarithm of the Nameplate Output and 0.5 |
| Greater than 51 watts | 0.85 |
| 'Nameplate Output | Maximum Consumption |
| Not more than 250 watts | 0.5 watts |
                   '(B) NONCOVERED SUPPLIES- A class A external power supply shall not be subject to subparagraph (A) if the class A external power supply is—
                      '(i) manufactured during the period beginning on July 1, 2008, and ending on June 30, 2015; and
                      '(ii) made available by the manufacturer as a service part or a spare part for an end-use product—
                         '(I) that constitutes the primary load; and
                         '(II) was manufactured before July 1, 2008.
                   '(C) MARKING- Any class A external power supply manufactured on or after the later of July 1, 2008 or the date of enactment of this paragraph shall be clearly and permanently marked in accordance with the External Power Supply International Efficiency Marking Protocol, as referenced in the 'Energy Star Program Requirements for Single Voltage External AC-DC and AC-AC Power Supplies, version 1.1' published by the Environmental Protection Agency.
                   '(D) AMENDMENT OF STANDARDS-
                      '(i) FINAL RULE BY JULY 1, 2011-
                         '(I) IN GENERAL- Not later than July 1, 2011, the Secretary shall publish a final rule to determine whether the standards established under subparagraph (A) should be amended.
                         '(II) ADMINISTRATION- The final rule shall—
                            '(aa) contain any amended standards; and
                            '(bb) apply to products manufactured on or after July 1, 2013.
                      '(ii) FINAL RULE BY JULY 1, 2015-
                         '(I) IN GENERAL- Not later than July 1, 2015 the Secretary shall publish a final rule to determine whether the standards then in effect should be amended.
                         '(II) ADMINISTRATION- The final rule shall—
                            '(aa) contain any amended standards; and
                            '(bb) apply to products manufactured on or after July 1, 2017.
                '(7) END-USE PRODUCTS- An energy conservation standard for external power supplies shall not constitute an energy conservation standard for the separate end-use product to which the external power supplies is connected.'.

### SEC. 302. UPDATING APPLIANCE TEST PROCEDURES.

    (a) Consumer Appliances—
       Section 323(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended by striking '(1)' and all that follows through the end of the paragraph and inserting the following:
                '(1) TEST PROCEDURES-
                   '(A) AMENDMENT- At least once every 7 years, the Secretary shall review test procedures for all covered products and—
                      '(i) amend test procedures with respect to any covered product, if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraph (3); or
                      '(ii) publish notice in the Federal Register of any determination not to amend a test procedure.'.
    (b) Industrial Equipment—
       Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by striking '(a)' and all that follows through the end of paragraph (1) and inserting the following:
             '(a) Prescription by Secretary; Requirements-
                '(1) TEST PROCEDURES-
                   '(A) AMENDMENT- At least once every 7 years, the Secretary shall conduct an evaluation of each class of covered equipment and—
                      '(i) if the Secretary determines that amended test procedures would more accurately or fully comply with the requirements of paragraphs (2) and (3), shall prescribe test procedures for the class in accordance with this section; or
                      '(ii) shall publish notice in the Federal Register of any determination not to amend a test procedure.'.

### SEC. 303. RESIDENTIAL BOILERS.

    Section 325(f) of the Energy Policy and Conservation Act (42 U.S.C. 6295(f)) is amended—
       (1) in the subsection heading, by inserting 'and Boilers' after 'Furnaces';
       (2) by redesignating paragraph (3) as paragraph (4); and
       (3) by inserting after paragraph (2) the following:
                '(3) BOILERS-
                   '(A) IN GENERAL- Subject to subparagraphs (B) and (C), boilers manufactured on or after September 1, 2012, shall meet the following requirements:
| Boiler Type | Minimum Annual Fuel Utilization Efficiency | Design Requirements |
| Gas Hot Water | 82% | No Constant Burning Pilot, Automatic Means for Adjusting Water Temperature |
| Gas Steam | 80% | No Constant Burning Pilot |
| Oil Hot Water | 84% | Automatic Means for Adjusting Temperature |
| Oil Steam | 82% | None |
| Electric Hot Water | None | Automatic Means for Adjusting Temperature |
| Electric Steam | None | None |
                   '(B) AUTOMATIC MEANS FOR ADJUSTING WATER TEMPERATURE-
                      '(i) IN GENERAL- The manufacturer shall equip each gas, oil, and electric hot water boiler (other than a boiler equipped with a tankless domestic water heating coil) with automatic means for adjusting the temperature of the water supplied by the boiler to ensure that an incremental change in inferred heat load produces a corresponding incremental change in the temperature of water supplied.
                      '(ii) SINGLE INPUT RATE- For a boiler that fires at 1 input rate, the requirements of this subparagraph may be satisfied by providing an automatic means that allows the burner or heating element to fire only when the means has determined that the inferred heat load cannot be met by the residual heat of the water in the system.
                      '(iii) NO INFERRED HEAT LOAD- When there is no inferred heat load with respect to a hot water boiler, the automatic means described in clauses (i) and (ii) shall limit the temperature of the water in the boiler to not more than 140 degrees Fahrenheit.
                      '(iv) OPERATION- A boiler described in clause (i) or (ii) shall be operable only when the automatic means described in clauses (i), (ii), and (iii) is installed.
                   '(C) EXCEPTION- A boiler that is manufactured to operate without any need for electricity or any electric connection, electric gauges, electric pumps, electric wires, or electric devices shall not be required to meet the requirements of this paragraph.'.

### SEC. 304. FURNACE FAN STANDARD PROCESS.

    Paragraph (4)(D) of section 325(f) of the Energy Policy and Conservation Act (42 U.S.C. 6295(f)) (as redesignated by section 303(4)) is amended by striking 'the Secretary may' and inserting 'not later than December 31, 2013, the Secretary shall'.

### SEC. 305. IMPROVING SCHEDULE FOR STANDARDS UPDATING AND CLARIFYING STATE AUTHORITY.

    (a) Consumer Appliances—
       Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended by striking subsection (m) and inserting the following:
             '(m) Amendment of Standards-
                '(1) IN GENERAL- Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the Secretary shall publish—
                   '(A) a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subsection (n)(2); or
                   '(B) a notice of proposed rulemaking including new proposed standards based on the criteria established under subsection (o) and the procedures established under subsection (p).
                '(2) NOTICE- If the Secretary publishes a notice under paragraph (1), the Secretary shall—
                   '(A) publish a notice stating that the analysis of the Department is publicly available; and
                   '(B) provide an opportunity for written comment.
                '(3) AMENDMENT OF STANDARD; NEW DETERMINATION-
                   '(A) AMENDMENT OF STANDARD- Not later than 2 years after a notice is issued under paragraph (1)(B), the Secretary shall publish a final rule amending the standard for the product.
                   '(B) NEW DETERMINATION- Not later than 3 years after a determination under paragraph (1)(A), the Secretary shall make a new determination and publication under subparagraph (A) or (B) of paragraph (1).
                '(4) APPLICATION TO PRODUCTS-
                   '(A) IN GENERAL- Except as provided in subparagraph (B), an amendment prescribed under this subsection shall apply to—
                      '(i) with respect to refrigerators, refrigerator-freezers, freezers, room air conditioners, dishwashers, clothes washers, clothes dryers, fluorescent lamp ballasts, and kitchen ranges and ovens, such a product that is manufactured after the date that is 3 years after publication of the final rule establishing an applicable standard; and
                      '(ii) with respect to central air conditioners, heat pumps, water heaters, pool heaters, direct heating equipment, and furnaces, such a product that is manufactured after the date that is 5 years after publication of the final rule establishing an applicable standard.
                   '(B) OTHER NEW STANDARDS- A manufacturer shall not be required to apply new standards to a product with respect to which other new standards have been required during the prior 6-year period.
                '(5) REPORTS- The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—
                   '(A) a progress report every 180 days on compliance with this section, including a specific plan to remedy any failures to comply with deadlines for action established under this section; and
                   '(B) all required reports to the Court or to any party to the Consent Decree in State of New York v Bodman, Consolidated Civil Actions No. 05 Civ. 7807 and No. 05 Civ. 7808.'.
    (b) Industrial Equipment—
       Section 342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended—
       (1) by redesignating subparagraph (C) as subparagraph (D); and
       (2) by striking '(6)(A)(i)' and all that follows through the end of subparagraph (B) and inserting the following:
                '(6) AMENDED ENERGY EFFICIENCY STANDARDS-
                   '(A) IN GENERAL-
                      '(i) ANALYSIS OF POTENTIAL ENERGY SAVINGS- If ASHRAE/IES Standard 90.1 is amended with respect to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, very large commercial package air conditioning and heating equipment, packaged terminal air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, not later than 180 days after the amendment of the standard, the Secretary shall publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards.
                      '(ii) AMENDED UNIFORM NATIONAL STANDARD FOR PRODUCTS-
                         '(I) IN GENERAL- Except as provided in subclause (II), not later than 18 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for a product described in clause (i), the Secretary shall establish an amended uniform national standard for the product at the minimum level specified in the amended ASHRAE/IES Standard 90.1.
                         '(II) MORE STRINGENT STANDARD- Subclause (I) shall not apply if the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in significant additional conservation of energy and is technologically feasible and economically justified.
                   '(B) RULE- If the Secretary makes a determination described in clause (ii)(II) for a product described in clause (i), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the rule establishing the amended standard.
                   '(C) AMENDMENT OF STANDARD-
                      '(i) IN GENERAL- Not later than 6 years after issuance of any final rule establishing or amending a standard, as required for a product under this part, the Secretary shall publish—
                         '(I) a notice of the determination of the Secretary that standards for the product do not need to be amended, based on the criteria established under subparagraph (A); or
                         '(II) a notice of proposed rulemaking including new proposed standards based on the criteria and procedures established under subparagraph (B).
                      '(ii) NOTICE- If the Secretary publishes a notice under clause (i), the Secretary shall—
                         '(I) publish a notice stating that the analysis of the Department is publicly available; and
                         '(II) provide an opportunity for written comment.
                      '(iii) AMENDMENT OF STANDARD; NEW DETERMINATION-
                         '(I) AMENDMENT OF STANDARD- Not later than 2 years after a notice is issued under clause (i)(II), the Secretary shall publish a final rule amending the standard for the product.
                         '(II) NEW DETERMINATION- Not later than 3 years after a determination under clause (i)(I), the Secretary shall make a new determination and publication under subclause (I) or (II) of clause (i).
                      '(iv) APPLICATION TO PRODUCTS- An amendment prescribed under this subsection shall apply to products manufactured after a date that is the later of—
                         '(I) the date that is 3 years after publication of the final rule establishing a new standard; or
                         '(II) the date that is 6 years after the effective date of the current standard for a covered product.
                      '(v) REPORTS- The Secretary shall promptly submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a progress report every 180 days on compliance with this subparagraph, including a specific plan to remedy any failures to comply with deadlines for action established under this subparagraph.'.

### SEC. 306. REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR CONDITIONERS, AND HEAT PUMPS.

    (a) In General—
       Section 325(o) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)) is amended by adding at the end the following:
                '(6) REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR CONDITIONERS, AND HEAT PUMPS-
                   '(A) IN GENERAL- In any rulemaking to establish a new or amended standard, the Secretary may consider the establishment of separate standards by geographic region for furnaces (except boilers), central air conditioners, and heat pumps.
                   '(B) NATIONAL AND REGIONAL STANDARDS-
                      '(i) NATIONAL STANDARD- If the Secretary establishes a regional standard for a product, the Secretary shall establish a base national standard for the product.
                      '(ii) REGIONAL STANDARDS- If the Secretary establishes a regional standard for a product, the Secretary may establish more restrictive standards for the product by geographic region as follows:
                         '(I) For furnaces, the Secretary may establish 1 additional standard that is applicable in a geographic region defined by the Secretary.
                         '(II) For any cooling product, the Secretary may establish 1 or 2 additional standards that are applicable in 1 or 2 geographic regions as may be defined by the Secretary.
                   '(C) BOUNDARIES OF GEOGRAPHIC REGIONS-
                      '(i) IN GENERAL- Subject to clause (ii), the boundaries of additional geographic regions established by the Secretary under this paragraph shall include only contiguous States.
                      '(ii) ALASKA AND HAWAII- The States of Alaska and Hawaii may be included under this paragraph in a geographic region that the States are not contiguous to.
                      '(iii) INDIVIDUAL STATES- Individual States shall be placed only into a single region under this paragraph.
                   '(D) PREREQUISITES- In establishing additional regional standards under this paragraph, the Secretary shall—
                      '(i) establish additional regional standards only if the Secretary determines that—
                         '(I) the establishment of additional regional standards will produce significant energy savings in comparison to establishing only a single national standard; and
                         '(II) the additional regional standards are economically justified under this paragraph; and
                      '(ii) consider the impact of the additional regional standards on consumers, manufacturers, and other market participants, including product distributors, dealers, contractors, and installers.
                   '(E) APPLICATION; EFFECTIVE DATE-
                      '(i) BASE NATIONAL STANDARD- Any base national standard established for a product under this paragraph shall—
                         '(I) be the minimum standard for the product; and
                         '(II) apply to all products manufactured or imported into the United States on and after the effective date for the standard.
                      '(ii) REGIONAL STANDARDS- Any additional and more restrictive regional standard established for a product under this paragraph shall apply to any such product installed on or after the effective date of the standard in States in which the Secretary has designated the standard to apply.
                   '(F) CONTINUATION OF REGIONAL STANDARDS-
                      '(i) IN GENERAL- In any subsequent rulemaking for any product for which a regional standard has been previously established, the Secretary shall determine whether to continue the establishment of separate regional standards for the product.
                      '(ii) REGIONAL STANDARD NO LONGER APPROPRIATE- Except as provided in clause (iii), if the Secretary determines that regional standards are no longer appropriate for a product, beginning on the effective date of the amended standard for the product—
                         '(I) there shall be 1 base national standard for the product with Federal enforcement; and
                         '(II) State authority for enforcing a regional standard for the product shall terminate.
                      '(iii) REGIONAL STANDARD APPROPRIATE BUT STANDARD OR REGION CHANGED-
                         '(I) STATE NO LONGER CONTAINED IN REGION- Subject to subclause (III), if a State is no longer contained in a region in which a regional standard that is more stringent than the base national standard applies, the authority of the State to enforce the regional standard shall terminate.
                         '(II) STANDARD OR REGION REVISED SO THAT EXISTING REGIONAL STANDARD EQUALS BASE NATIONAL STANDARD- If the Secretary revises a base national standard for a product or the geographic definition of a region so that an existing regional standard for a State is equal to the revised base national standard—
                            '(aa) the authority of the State to enforce the regional standard shall terminate on the effective date of the revised base national standard; and
                            '(bb) the State shall be subject to the revised base national standard.
                         '(III) STANDARD OR REGION REVISED SO THAT EXISTING REGIONAL STANDARD EQUALS BASE NATIONAL STANDARD- If the Secretary revises a base national standard for a product or the geographic definition of a region so that the standard for a State is lower than the previously approved regional standard, the State may continue to enforce the previously approved standard level.
                      '(iv) WAIVER OF FEDERAL PREEMPTION- Nothing in this paragraph diminishes the authority of a State to enforce a State regulation for which a waiver of Federal preemption has been granted under section 327(d).
                   '(G) ENFORCEMENT-
                      '(i) BASE NATIONAL STANDARD-
                         '(I) IN GENERAL- The Secretary shall enforce any base national standard.
                         '(II) TRADE ASSOCIATION CERTIFICATION PROGRAMS- In enforcing the base national standard, the Secretary shall use, to the maximum extent practicable, national standard nationally recognized certification programs of trade associations.
                      '(ii) REGIONAL STANDARDS-
                         '(I) ENFORCEMENT PLAN- Not later than 90 days after the date of the issuance of a final rule that establishes a regional standard, the Secretary shall initiate a rulemaking to develop and implement an effective enforcement plan for regional standards for the products that are covered by the final rule.
                         '(II) RESPONSIBLE ENTITIES- Any rules regarding enforcement of a regional standard shall clearly specify which entities are legally responsible for compliance with the standards and for making any required information or labeling disclosures.
                         '(III) FINAL RULE- Not later than 15 months after the date of the issuance of a final rule that establishes a regional standard for a product, the Secretary shall promulgate a final rule covering enforcement of regional standards for the product.
                         '(IV) INCORPORATION BY STATES AND LOCALITIES- A State or locality may incorporate any Federal regional standard into State or local building codes or State appliance standards.
                         '(V) STATE ENFORCEMENT- A State agency may seek enforcement of a Federal regional standard in a Federal court of competent jurisdiction.
                   '(H) INFORMATION DISCLOSURE-
                      '(i) IN GENERAL- Not later than 90 days after the date of the publication of a final rule that establishes a regional standard for a product, the Federal Trade Commission shall undertake a rulemaking to determine the appropriate 1 or more methods for disclosing information so that consumers, distributors, contractors, and installers can easily determine whether a specific piece of equipment that is installed in a specific building is in conformance with the regional standard that applies to the building.
                      '(ii) METHODS- A method of disclosing information under clause (i) may include—
                         '(I) modifications to the Energy Guide label; or
                         '(II) other methods that make it easy for consumers and installers to use and understand at the point of installation.
                      '(iii) COMPLETION OF RULEMAKING- The rulemaking shall be completed not later 15 months after the date of the publication of a final rule that establishes a regional standard for a product.'.
    (b) Prohibited Acts—
       Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended—
       (1) in paragraph (4), by striking 'or' after the semicolon at the end;
       (2) in paragraph (5), by striking 'part.' and inserting 'part, except to the extent that the new covered product is covered by a regional standard that is more stringent than the base national standard; or'; and
       (3) by adding at the end the following:
                '(6) for any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product.'.
    (c) Consideration of Prices and Operating Patterns—
       Section 342(a)(6)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)(B)) is amended by adding at the end the following:
                      '(iii) CONSIDERATION OF PRICES AND OPERATING PATTERNS- If the Secretary is considering revised standards for air-cooled 3-phase central air conditioners and central air conditioning heat pumps with less 65,000 Btu per hour (cooling capacity), the Secretary shall use commercial energy prices and operating patterns in all analyses conducted by the Secretary.'.

### SEC. 307. PROCEDURE FOR PRESCRIBING NEW OR AMENDED STANDARDS.

    Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C. 6925(p)) is amended—
       (1) by striking paragraph (1); and
       (2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.

### SEC. 308. EXPEDITED RULEMAKINGS.

    (a) Procedure for Prescribing New or Amended Standards—
       Section 325(p) of the Energy Policy and Conservation Act (42 U.S.C. 6295(p)) (as amended by section 307) is amended by adding at the end the following:
                '(4) DIRECT FINAL RULES-
                   '(A) IN GENERAL- On receipt of a statement that is submitted jointly by interested persons that are fairly representative of relevant points of view (including representatives of manufacturers of covered products, States, and efficiency advocates), as determined by the Secretary, and contains recommendations with respect to an energy or water conservation standard—
                      '(i) if the Secretary determines that the recommended standard contained in the statement is in accordance with subsection (o) or section 342(a)(6)(B), as applicable, the Secretary may issue a final rule that establishes an energy or water conservation standard and is published simultaneously with a notice of proposed rulemaking that proposes a new or amended energy or water conservation standard that is identical to the standard established in the final rule to establish the recommended standard (referred to in this paragraph as a 'direct final rule'); or
                      '(ii) if the Secretary determines that a direct final rule cannot be issued based on the statement, the Secretary shall publish a notice of the determination, together with an explanation of the reasons for the determination.
                   '(B) PUBLIC COMMENT- The Secretary shall solicit public comment for a period of at least 110 days with respect to each direct final rule issued by the Secretary under subparagraph (A)(i).
                   '(C) WITHDRAWAL OF DIRECT FINAL RULES-
                      '(i) IN GENERAL- Not later than 120 days after the date on which a direct final rule issued under subparagraph (A)(i) is published in the Federal Register, the Secretary shall withdraw the direct final rule if—
                         '(I) the Secretary receives 1 or more adverse public comments relating to the direct final rule under subparagraph (B)(i) or any alternative joint recommendation; and
                         '(II) based on the rulemaking record relating to the direct final rule, the Secretary determines that such adverse public comments or alternative joint recommendation may provide a reasonable basis for withdrawing the direct final rule under subsection (o), section 342(a)(6)(B), or any other applicable law.
                      '(ii) ACTION ON WITHDRAWAL- On withdrawal of a direct final rule under clause (i), the Secretary shall—
                         '(I) proceed with the notice of proposed rulemaking published simultaneously with the direct final rule as described in subparagraph (A)(i); and
                         '(II) publish in the Federal Register the reasons why the direct final rule was withdrawn.
                      '(iii) TREATMENT OF WITHDRAWN DIRECT FINAL RULES- A direct final rule that is withdrawn under clause (i) shall not be considered to be a final rule for purposes of subsection (o).
                   '(D) EFFECT OF PARAGRAPH- Nothing in this paragraph authorizes the Secretary to issue a direct final rule based solely on receipt of more than 1 statement containing recommended standards relating to the direct final rule.'.
    (b) Conforming Amendment—
       Section 345(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6316(b)(1)) is amended in the first sentence by inserting 'section 325(p)(5),' after 'The provisions of'.

### SEC. 309. BATTERY CHARGERS.

    Section 325(u)(1)(E) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)(1)(E)) is amended—
       (1) by striking '(E)(i) Not' and inserting the following:
                   '(E) EXTERNAL POWER SUPPLIES AND BATTERY CHARGERS-
                      '(i) ENERGY CONSERVATION STANDARDS-
                         '(I) EXTERNAL POWER SUPPLIES- Not';
       (2) by striking '3 years' and inserting '2 years';
       (3) by striking 'battery chargers and' each place it appears; and
       (4) by adding at the end the following:
                         '(II) BATTERY CHARGERS- Not later than July 1, 2011, the Secretary shall issue a final rule that prescribes energy conservation standards for battery chargers or classes of battery chargers or determine that no energy conservation standard is technically feasible and economically justified.'.

### SEC. 310. STANDBY MODE.

    Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended—
       (1) in subsection (u)—
          (A) by striking paragraphs (2), (3), and (4); and
          (B) by redesignating paragraphs (5) and (6) as paragraphs (2) and (3), respectively;
       (2) by redesignating subsection (gg) as subsection (hh);
       (3) by inserting after subsection (ff) the following:
                            '(gg) Standby Mode Energy Use-
                '(1) DEFINITIONS-
                   '(A) IN GENERAL- Unless the Secretary determines otherwise pursuant to subparagraph (B), in this subsection:
                      '(i) ACTIVE MODE- The term 'active mode' means the condition in which an energy-using product—
                         '(I) is connected to a main power source;
                         '(II) has been activated; and
                         '(III) provides 1 or more main functions.
                      '(ii) OFF MODE- The term 'off mode' means the condition in which an energy-using product—
                         '(I) is connected to a main power source; and
                         '(II) is not providing any standby or active mode function.
                      '(iii) STANDBY MODE- The term 'standby mode' means the condition in which an energy-using product—
                         '(I) is connected to a main power source; and
                         '(II) offers 1 or more of the following user-oriented or protective functions:
                            '(aa) To facilitate the activation or deactivation of other functions (including active mode) by remote switch (including remote control), internal sensor, or timer.
                            '(bb) Continuous functions, including information or status displays (including clocks) or sensor-based functions.
                   '(B) AMENDED DEFINITIONS- The Secretary may, by rule, amend the definitions under subparagraph (A), taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical Commission.
                '(2) TEST PROCEDURES-
                   '(A) IN GENERAL- Test procedures for all covered products shall be amended pursuant to section 323 to include standby mode and off mode energy consumption, taking into consideration the most current versions of Standards 62301 and 62087 of the International Electrotechnical Commission, with such energy consumption integrated into the overall energy efficiency, energy consumption, or other energy descriptor for each covered product, unless the Secretary determines that—
                      '(i) the current test procedures for a covered product already fully account for and incorporate the standby mode and off mode energy consumption of the covered product; or
                      '(ii) such an integrated test procedure is technically infeasible for a particular covered product, in which case the Secretary shall prescribe a separate standby mode and off mode energy use test procedure for the covered product, if technically feasible.
                   '(B) DEADLINES- The test procedure amendments required by subparagraph (A) shall be prescribed in a final rule no later than the following dates:
                      '(i) December 31, 2008, for battery chargers and external power supplies.
                      '(ii) March 31, 2009, for clothes dryers, room air conditioners, and fluorescent lamp ballasts.
                      '(iii) June 30, 2009, for residential clothes washers.
                      '(iv) September 30, 2009, for residential furnaces and boilers.
                      '(v) March 31, 2010, for residential water heaters, direct heating equipment, and pool heaters.
                      '(vi) March 31, 2011, for residential dishwashers, ranges and ovens, microwave ovens, and dehumidifiers.
                   '(C) PRIOR PRODUCT STANDARDS- The test procedure amendments adopted pursuant to subparagraph (B) shall not be used to determine compliance with product standards established prior to the adoption of the amended test procedures.
                '(3) INCORPORATION INTO STANDARD-
                   '(A) IN GENERAL- Subject to subparagraph (B), based on the test procedures required under paragraph (2), any final rule establishing or revising a standard for a covered product, adopted after July 1, 2010, shall incorporate standby mode and off mode energy use into a single amended or new standard, pursuant to subsection (o), if feasible.
                   '(B) SEPARATE STANDARDS- If not feasible, the Secretary shall prescribe within the final rule a separate standard for standby mode and off mode energy consumption, if justified under subsection (o).'; and
       (4) in paragraph (2) of subsection (hh) (as redesignated by paragraph (2)), by striking '(ff)' each place it appears and inserting '(gg)'.

### SEC. 311. ENERGY STANDARDS FOR HOME APPLIANCES.

    (a) Appliances-
       (1) DEHUMIDIFIERS—
          Section 325(cc) of the Energy Policy and Conservation Act (42 U.S.C. 6295(cc)) is amended by striking paragraph (2) and inserting the following:
                '(2) DEHUMIDIFIERS MANUFACTURED ON OR AFTER OCTOBER 1, 2012- Dehumidifiers manufactured on or after October 1, 2012, shall have an Energy Factor that meets or exceeds the following values:
| 'Product Capacity (pints/day): | Minimum Energy Factor (liters/kWh): |
| Up to 35.00 | 1.35 |
| 35.01-45.00 | 1.50 |
| 45.01-54.00 | 1.60 |
| 54.01-75.00 | 1.70 |
| Greater than 75.00 | 2.5.'. |
       (2) RESIDENTIAL CLOTHES WASHERS AND RESIDENTIAL DISHWASHERS—
          Section 325(g) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)) is amended by adding at the end the following:
                '(9) RESIDENTIAL CLOTHES WASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2011-
                   '(A) IN GENERAL- A top-loading or front-loading standard-size residential clothes washer manufactured on or after January 1, 2011, shall have—
                      '(i) a Modified Energy Factor of at least 1.26; and
                      '(ii) a water factor of not more than 9.5.
                   '(B) AMENDMENT OF STANDARDS-
                      '(i) IN GENERAL- Not later than December 31, 2011, the Secretary shall publish a final rule determining whether to amend the standards in effect for clothes washers manufactured on or after January 1, 2015.
                      '(ii) AMENDED STANDARDS- The final rule shall contain any amended standards.
                '(10) RESIDENTIAL DISHWASHERS MANUFACTURED ON OR AFTER JANUARY 1, 2010-
                   '(A) IN GENERAL- A dishwasher manufactured on or after January 1, 2010, shall—
                      '(i) for a standard size dishwasher not exceed 355 kWh/year and 6.5 gallons per cycle; and
                      '(ii) for a compact size dishwasher not exceed 260 kWh/year and 4.5 gallons per cycle.
                   '(B) AMENDMENT OF STANDARDS-
                      '(i) IN GENERAL- Not later than January 1, 2015, the Secretary shall publish a final rule determining whether to amend the standards for dishwashers manufactured on or after January 1, 2018.
                      '(ii) AMENDED STANDARDS- The final rule shall contain any amended standards.'.
       (3) REFRIGERATORS AND FREEZERS—
          Section 325(b) of the Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is amended by adding at the end the following:
                '(4) REFRIGERATORS AND FREEZERS MANUFACTURED ON OR AFTER JANUARY 1, 2014-
                   '(A) IN GENERAL- Not later than December 31, 2010, the Secretary shall publish a final rule determining whether to amend the standards in effect for refrigerators, refrigerator-freezers, and freezers manufactured on or after January 1, 2014.
                   '(B) AMENDED STANDARDS- The final rule shall contain any amended standards.'.
    (b) Energy Star—
       Section 324A(d)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6294a(d)(2)) is amended by striking 'January 1, 2010' and inserting 'July 1, 2009'.

### SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS.

    (a) Definitions—
       Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended—
       (1) in paragraph (1)—
          (A) by redesignating subparagraphs (G) through (K) as subparagraphs (H) through (L), respectively; and
          (B) by inserting after subparagraph (F) the following:
                   '(G) Walk-in coolers and walk-in freezers.';
       (2) by redesignating paragraphs (20) and (21) as paragraphs (21) and (22), respectively; and
       (3) by inserting after paragraph (19) the following:
                '(20) WALK-IN COOLER; WALK-IN FREEZER-
                   '(A) IN GENERAL- The terms 'walk-in cooler' and 'walk-in freezer' mean an enclosed storage space refrigerated to temperatures, respectively, above, and at or below 32 degrees Fahrenheit that can be walked into, and has a total chilled storage area of less than 3,000 square feet.
                   '(B) EXCLUSION- The terms 'walk-in cooler' and 'walk-in freezer' do not include products designed and marketed exclusively for medical, scientific, or research purposes.'.
    (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:
             '(f) Walk-In Coolers and Walk-In Freezers-
                '(1) IN GENERAL- Subject to paragraphs (2) through (5), each walk-in cooler or walk-in freezer manufactured on or after January 1, 2009, shall—
                   '(A) have automatic door closers that firmly close all walk-in doors that have been closed to within 1 inch of full closure, except that this subparagraph shall not apply to doors wider than 3 feet 9 inches or taller than 7 feet;
                   '(B) have strip doors, spring hinged doors, or other method of minimizing infiltration when doors are open;
                   '(C) contain wall, ceiling, and door insulation of at least R-25 for coolers and R-32 for freezers, except that this subparagraph shall not apply to glazed portions of doors nor to structural members;
                   '(D) contain floor insulation of at least R-28 for freezers;
                   '(E) for evaporator fan motors of under 1 horsepower and less than 460 volts, use—
                      '(i) electronically commutated motors (brushless direct current motors); or
                      '(ii) 3-phase motors;
                   '(F) for condenser fan motors of under 1 horsepower, use—
                      '(i) electronically commutated motors;
                      '(ii) permanent split capacitor-type motors; or
                      '(iii) 3-phase motors; and
                   '(G) for all interior lights, use light sources with an efficacy of 40 lumens per watt or more, including ballast losses (if any), except that light sources with an efficacy of 40 lumens per watt or less, including ballast losses (if any), may be used in conjunction with a timer or device that turns off the lights within 15 minutes of when the walk-in cooler or walk-in freezer is not occupied by people.
                '(2) ELECTRONICALLY COMMUTATED MOTORS-
                   '(A) IN GENERAL- The requirements of paragraph (1)(E)(i) for electronically commutated motors shall take effect January 1, 2009, unless, prior to that date, the Secretary determines that such motors are only available from 1 manufacturer.
                   '(B) OTHER TYPES OF MOTORS- In carrying out paragraph (1)(E)(i) and subparagraph (A), the Secretary may allow other types of motors if the Secretary determines that, on average, those other motors use no more energy in evaporator fan applications than electronically commutated motors.
                   '(C) MAXIMUM ENERGY CONSUMPTION LEVEL- The Secretary shall establish the maximum energy consumption level under subparagraph (B) not later than January 1, 2010.
                '(3) ADDITIONAL SPECIFICATIONS- Each walk-in cooler or walk-in freezer with transparent reach-in doors manufactured on or after January 1, 2009, shall also meet the following specifications:
                   '(A) Transparent reach-in doors for walk-in freezers and windows in walk-in freezer doors shall be of triple-pane glass with either heat-reflective treated glass or gas fill.
                   '(B) Transparent reach-in doors for walk-in coolers and windows in walk-in cooler doors shall be—
                      '(i) double-pane glass with heat-reflective treated glass and gas fill; or
                      '(ii) triple-pane glass with either heat-reflective treated glass or gas fill.
                   '(C) If the appliance has an antisweat heater without antisweat heat controls, the appliance shall have a total door rail, glass, and frame heater power draw of not more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers).
                   '(D) If the appliance has an antisweat heater with antisweat heat controls, and the total door rail, glass, and frame heater power draw is more than 7.1 watts per square foot of door opening (for freezers) and 3.0 watts per square foot of door opening (for coolers), the antisweat heat controls shall reduce the energy use of the antisweat heater in a quantity corresponding to the relative humidity in the air outside the door or to the condensation on the inner glass pane.
                '(4) PERFORMANCE-BASED STANDARDS-
                   '(A) IN GENERAL- Not later than January 1, 2012, the Secretary shall publish performance-based standards for walk-in coolers and walk-in freezers that achieve the maximum improvement in energy that the Secretary determines is technologically feasible and economically justified.
                   '(B) APPLICATION-
                      '(i) IN GENERAL- Except as provided in clause (ii), the standards shall apply to products described in subparagraph (A) that are manufactured beginning on the date that is 3 years after the final rule is published.
                      '(ii) DELAYED EFFECTIVE DATE- If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.
                '(5) AMENDMENT OF STANDARDS-
                   '(A) IN GENERAL- Not later than January 1, 2020, the Secretary shall publish a final rule to determine if the standards established under paragraph (4) should be amended.
                   '(B) APPLICATION-
                      '(i) IN GENERAL- Except as provided in clause (ii), the rule shall provide that the standards shall apply to products manufactured beginning on the date that is 3 years after the final rule is published.
                      '(ii) DELAYED EFFECTIVE DATE- If the Secretary determines, by rule, that a 3-year period is inadequate, the Secretary may establish an effective date for products manufactured beginning on the date that is not more than 5 years after the date of publication of a final rule for the products.'.
    (c) Test Procedures—
       Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end the following:
                '(9) WALK-IN COOLERS AND WALK-IN FREEZERS-
                   '(A) IN GENERAL- For the purpose of test procedures for walk-in coolers and walk-in freezers:
                      '(i) The R value shall be the 1/K factor multiplied by the thickness of the panel.
                      '(ii) The K factor shall be based on ASTM test procedure C518-2004.
                      '(iii) For calculating the R value for freezers, the K factor of the foam at 20«F (average foam temperature) shall be used.
                      '(iv) For calculating the R value for coolers, the K factor of the foam at 55«F (average foam temperature) shall be used.
                   '(B) TEST PROCEDURE-
                      '(i) IN GENERAL- Not later than January 1, 2010, the Secretary shall establish a test procedure to measure the energy-use of walk-in coolers and walk-in freezers.
                      '(ii) COMPUTER MODELING- The test procedure may be based on computer modeling, if the computer model or models have been verified using the results of laboratory tests on a significant sample of walk-in coolers and walk-in freezers.'.
    (d) Labeling—
       Section 344(e) of the Energy Policy and Conservation Act (42 U.S.C. 6315(e)) is amended by inserting 'walk-in coolers and walk-in freezers,' after 'commercial clothes washers,' each place it appears.
    (e) Administration, Penalties, Enforcement, and Preemption—
       Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) is amended—
       (1) by striking 'subparagraphs (B), (C), (D), (E), and (F)' each place it appears and inserting 'subparagraphs (B) through (G)'; and
       (2) by adding at the end the following:
             '(h) Walk-In Coolers and Walk-In Freezers-
                '(1) COVERED TYPES-
                   '(A) RELATIONSHIP TO OTHER LAW-
                      '(i) IN GENERAL- Except as otherwise provided in this subsection, section 327 shall apply to walk-in coolers and walk-in freezers for which standards have been established under paragraphs (1), (2), and (3) of section 342(f) to the same extent and in the same manner as the section applies under part A on the date of enactment of this subsection.
                      '(ii) STATE STANDARDS- Any State standard prescribed before the date of enactment of this subsection shall not be preempted until the standards established under paragraphs (1) and (2) of section 342(f) take effect.
                   '(B) ADMINISTRATION- In applying section 327 to equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.
                '(2) FINAL RULE NOT TIMELY-
                   '(A) IN GENERAL- If the Secretary does not issue a final rule for a specific type of walk-in cooler or walk-in freezer within the timeframe established under paragraph (4) or (5) of section 342(f), subsections (b) and (c) of section 327 shall no longer apply to the specific type of walk-in cooler or walk-in freezer during the period—
                      '(i) beginning on the day after the scheduled date for a final rule; and
                      '(ii) ending on the date on which the Secretary publishes a final rule covering the specific type of walk-in cooler or walk-in freezer.
                   '(B) STATE STANDARDS- Any State standard issued before the publication of the final rule shall not be preempted until the standards established in the final rule take effect.
                '(3) CALIFORNIA- Any standard issued in the State of California before January 1, 2011, under title 20 of the California Code of Regulations, that refers to walk-in coolers and walk-in freezers, for which standards have been established under paragraphs (1), (2), and (3) of section 342(f), shall not be preempted until the standards established under section 342(f)(3) take effect.'.

### SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS.

    (a) Definitions—
       Section 340(13) of the Energy Policy and Conservation Act (42 U.S.C. 6311(13)) is amended—
       (1) by redesignating subparagraphs (B) through (H) as subparagraphs (C) through (I), respectively; and
       (2) by striking '(13)(A)' and all that follows through the end of subparagraph (A) and inserting the following:
                '(13) ELECTRIC MOTOR-
                   '(A) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE I)- The term 'general purpose electric motor (subtype I)' means any motor that meets the definition of 'General Purpose' as established in the final rule issued by the Department of Energy entitled 'Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures, Labeling, and Certification Requirements for Electric Motors' (10 CFR 431), as in effect on the date of enactment of the Energy Independence and Security Act of 2007.
                   '(B) GENERAL PURPOSE ELECTRIC MOTOR (SUBTYPE II)- The term 'general purpose electric motor (subtype II)' means motors incorporating the design elements of a general purpose electric motor (subtype I) that are configured as 1 of the following:
                      '(i) A U-Frame Motor.
                      '(ii) A Design C Motor.
                      '(iii) A close-coupled pump motor.
                      '(iv) A Footless motor.
                      '(v) A vertical solid shaft normal thrust motor (as tested in a horizontal configuration).
                      '(vi) An 8-pole motor (900 rpm).
                      '(vii) A poly-phase motor with voltage of not more than 600 volts (other than 230 or 460 volts.'.
    (b) Standards-
       (1) AMENDMENTS—
       Section 342(b) of the Energy Policy and Conservation Act (42 U.S.C. 6313(b)) is amended—
          (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
          (B) by inserting after paragraph (1) the following:
                '(2) ELECTRIC MOTORS-
                   '(A) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE I)- Except as provided in subparagraph (B), each general purpose electric motor (subtype I) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG-1 (2006) Table 12-12.
                   '(B) FIRE PUMP MOTORS- Each fire pump motor manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007 shall have nominal full load efficiency that is not less than as defined in NEMA MG-1 (2006) Table 12-11.
                   '(C) GENERAL PURPOSE ELECTRIC MOTORS (SUBTYPE II)- Each general purpose electric motor (subtype II) with a power rating of 1 horsepower or greater, but not greater than 200 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG-1 (2006) Table 12-11.
                   '(D) NEMA DESIGN B, GENERAL PURPOSE ELECTRIC MOTORS- Each NEMA Design B, general purpose electric motor with a power rating of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) after the 3-year period beginning on the date of enactment of the Energy Independence and Security Act of 2007, shall have a nominal full load efficiency that is not less than as defined in NEMA MG-1 (2006) Table 12-11.'.
       (2) EFFECTIVE DATE- The amendments made by paragraph (1) take effect on the date that is 3 years after the date of enactment of this Act.

### SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND HEAT PUMPS.

    (a) Definitions—
       Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended by adding at the end the following:
                '(22) SINGLE PACKAGE VERTICAL AIR CONDITIONER- The term 'single package vertical air conditioner' means air-cooled commercial package air conditioning and heating equipment that—
                   '(A) is factory-assembled as a single package that—
                      '(i) has major components that are arranged vertically;
                      '(ii) is an encased combination of cooling and optional heating components; and
                      '(iii) is intended for exterior mounting on, adjacent interior to, or through an outside wall;
                   '(B) is powered by a single- or 3-phase current;
                   '(C) may contain 1 or more separate indoor grilles, outdoor louvers, various ventilation options, indoor free air discharges, ductwork, well plenum, or sleeves; and
                   '(D) has heating components that may include electrical resistance, steam, hot water, or gas, but may not include reverse cycle refrigeration as a heating means.
                '(23) SINGLE PACKAGE VERTICAL HEAT PUMP- The term 'single package vertical heat pump' means a single package vertical air conditioner that—
                   '(A) uses reverse cycle refrigeration as its primary heat source; and
                   '(B) may include secondary supplemental heating by means of electrical resistance, steam, hot water, or gas.'.
    (b) Standards—
       Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended—
       (1) in the first sentence of each of paragraphs (1) and (2), by inserting '(including single package vertical air conditioners and single package vertical heat pumps)' after 'heating equipment' each place it appears;
       (2) in paragraph (1), by striking 'but before January 1, 2010,';
       (3) in the first sentence of each of paragraphs (7), (8), and (9), by inserting '(other than single package vertical air conditioners and single package vertical heat pumps)' after 'heating equipment' each place it appears;
       (4) in paragraph (7)—
          (A) by striking 'manufactured on or after January 1, 2010,';
          (B) in each of subparagraphs (A), (B), and (C), by striking 'The' and inserting 'For equipment manufactured on or after January 1, 2010, the'; and
          (C) by adding at the end the following:
                   '(D) For equipment manufactured on or 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—
                      '(i) the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 13.0;
                      '(ii) the minimum seasonal energy efficiency ratio of air-cooled 3-phase electric central air conditioners and central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 13.0;
                      '(iii) the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), split systems, shall be 7.7; and
                      '(iv) the minimum heating seasonal performance factor of air-cooled 3-phase electric central air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity), single package, shall be 7.7.'; and
       (5) by adding at the end the following:
                '(10) SINGLE PACKAGE VERTICAL AIR CONDITIONERS AND SINGLE PACKAGE VERTICAL HEAT PUMPS-
                   '(A) IN GENERAL- Single package vertical air conditioners and single package vertical heat pumps manufactured on or after January 1, 2010, shall meet the following standards:
                      '(i) The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0.
                      '(ii) The minimum energy efficiency ratio of single package vertical air conditioners less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0.
                      '(iii) The minimum energy efficiency ratio of single package vertical air conditioners at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9.
                      '(iv) The minimum energy efficiency ratio of single package vertical air conditioners at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6.
                      '(v) The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), single-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0.
                      '(vi) The minimum energy efficiency ratio of single package vertical heat pumps less than 65,000 Btu per hour (cooling capacity), 3-phase, shall be 9.0 and the minimum coefficient of performance in the heating mode shall be 3.0.
                      '(vii) The minimum energy efficiency ratio of single package vertical heat pumps at or above 65,000 Btu per hour (cooling capacity) but less than 135,000 Btu per hour (cooling capacity), shall be 8.9 and the minimum coefficient of performance in the heating mode shall be 3.0.
                      '(viii) The minimum energy efficiency ratio of single package vertical heat pumps at or above 135,000 Btu per hour (cooling capacity) but less than 240,000 Btu per hour (cooling capacity), shall be 8.6 and the minimum coefficient of performance in the heating mode shall be 2.9.
                   '(B) REVIEW- Not later than 3 years after the date of enactment of this paragraph, the Secretary shall review the most recently published ASHRAE/IES Standard 90.1 with respect to single package vertical air conditioners and single package vertical heat pumps in accordance with the procedures established under paragraph (6).'.

### SEC. 315. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES AND BUILDINGS IN COLD CLIMATES.

    (a) Research—
       Section 911(a)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16191(a)(2)) is amended—
       (1) in subparagraph (C), by striking 'and' at the end;
       (2) in subparagraph (D), by striking the period at the end and inserting '; and'; and
       (3) by adding at the end the following:
                   '(E) technologies to improve the energy efficiency of appliances and mechanical systems for buildings in cold climates, including combined heat and power units and increased use of renewable resources, including fuel.'.
    (b) Rebates—
       Section 124 of the Energy Policy Act of 2005 (42 U.S.C. 15821) is amended—
       (1) in subsection (b)(1), by inserting ', or products with improved energy efficiency in cold climates,' after 'residential Energy Star products'; and
       (2) in subsection (e), by inserting 'or product with improved energy efficiency in a cold climate' after 'residential Energy Star product' each place it appears.

### SEC. 316. TECHNICAL CORRECTIONS.

    (a) Definition of F96T12 Lamp-
       (1) IN GENERAL—
          Section 135(a)(1)(A)(ii) of the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 624) is amended by striking 'C78.1-1978 (R1984)' and inserting 'C78.3-1978 (R1984)'.
       (2) EFFECTIVE DATE—
          The amendment made by paragraph (1) takes effect on August 8, 2005.
    (b) Definition of Fluorescent Lamp—
       Section 321(30)(B)(viii) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(B)(viii)) is amended by striking '82' and inserting '87'.
    (c) Mercury Vapor Lamp Ballasts-
       (1) DEFINITIONS—
          Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 301(a)(2)) is amended—
          (A) by striking paragraphs (46) through (48) and inserting the following:
                '(46) HIGH INTENSITY DISCHARGE LAMP-
                   '(A) IN GENERAL- The term 'high intensity discharge lamp' means an electric-discharge lamp in which—
                      '(i) the light-producing arc is stabilized by the arc tube wall temperature; and
                      '(ii) the arc tube wall loading is in excess of 3 Watts/cm 2 .
                   '(B) INCLUSIONS- The term 'high intensity discharge lamp' includes mercury vapor, metal halide, and high-pressure sodium lamps described in subparagraph (A).
                '(47) MERCURY VAPOR LAMP-
                   '(A) IN GENERAL- The term 'mercury vapor lamp' means a high intensity discharge lamp in which the major portion of the light is produced by radiation from mercury typically operating at a partial vapor pressure in excess of 100,000 Pa (approximately 1 atm).
                   '(B) INCLUSIONS- The term 'mercury vapor lamp' includes clear, phosphor-coated, and self-ballasted screw base lamps described in subparagraph (A).
                '(48) MERCURY VAPOR LAMP BALLAST- The term 'mercury vapor lamp ballast' means a device that is designed and marketed to start and operate mercury vapor lamps intended for general illumination by providing the necessary voltage and current.'; and
          (B) by adding at the end the following:
                '(53) SPECIALTY APPLICATION MERCURY VAPOR LAMP BALLAST- The term 'specialty application mercury vapor lamp ballast' means a mercury vapor lamp ballast that—
                   '(A) is designed and marketed for operation of mercury vapor lamps used in quality inspection, industrial processing, or scientific use, including fluorescent microscopy and ultraviolet curing; and
                   '(B) in the case of a specialty application mercury vapor lamp ballast, the label of which—
                      '(i) provides that the specialty application mercury vapor lamp ballast is 'For specialty applications only, not for general illumination'; and
                      '(ii) specifies the specific applications for which the ballast is designed.'.
       (2) STANDARD SETTING AUTHORITY—
          Section 325(ee) of the Energy Policy and Conservation Act (42 U.S.C. 6295(ee)) is amended by inserting '(other than specialty application mercury vapor lamp ballasts)' after 'ballasts'.
    (d) Energy Conservation Standards—
       Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended—
       (1) in subsection (v)—
          (A) in the subsection heading, by striking 'Ceiling Fans and';
          (B) by striking paragraph (1); and
          (C) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and
       (2) in subsection (ff)—
          (A) in paragraph (1)(A)—
             (i) by striking clause (iii);
             (ii) by redesignating clause (iv) as clause (iii); and
             (iii) in clause (iii)(II) (as so redesignated), by inserting 'fans sold for' before 'outdoor'; and
          (B) in paragraph (4)(C)—
             (i) in the matter preceding clause (i), by striking 'subparagraph (B)' and inserting 'subparagraph (A)'; and
             (ii) by striking clause (ii) and inserting the following:
                      '(ii) shall be packaged with lamps to fill all sockets.';
          (C) in paragraph (6), by redesignating subparagraphs (C) and (D) as clauses (i) and (ii), respectively, of subparagraph (B); and
          (D) in paragraph (7), by striking '327' the second place it appears and inserting '324'.