49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–142 

TO MODIFY THE EFFICIENCY STANDARDS FOR GRIDENABLED WATER HEATERS 

JUNE 9, 2015.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. UPTON, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 906] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 906) to modify the efficiency standards for grid-enabled water heaters, having considered the same, report favorably 

thereon with an amendment and recommend that the bill as 

amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 4 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 5 

Committee Cost Estimate ....................................................................................... 5 

Congressional Budget Office Estimate ................................................................... 5 

Federal Mandates Statement ................................................................................. 6 

Duplication of Federal Programs ............................................................................ 6 

Disclosure of Directed Rule Makings ..................................................................... 6 

Advisory Committee Statement .............................................................................. 6 

Applicability to Legislative Branch ........................................................................ 6 

Section-by-Section Analysis of the Legislation ...................................................... 6 

Changes in Existing Law Made by the Bill, as Reported ..................................... 7 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


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SECTION 1. GRID-ENABLED WATER HEATERS. 

Part B of title III of the Energy Policy and Conservation Act (42 U.S.C. 6291 et 

seq.) is amended— 

(1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the end the following: 

‘‘(6) ADDITIONAL STANDARDS FOR GRID-ENABLED WATER HEATERS.— ‘‘(A) DEFINITIONS.—In this paragraph: 

‘‘(i) ACTIVATION LOCK.—The term ‘activation lock’ means a control 

mechanism (either a physical device directly on the water heater or a 

control system integrated into the water heater) that is locked by default and contains a physical, software, or digital communication that 

must be activated with an activation key to enable the product to operate at its designed specifications and capabilities and without which activation the product will provide not greater than 50 percent of the 

rated first hour delivery of hot water certified by the manufacturer. 

‘‘(ii) GRID-ENABLED WATER HEATER.—The term ‘grid-enabled water 

heater’ means an electric resistance water heater that— 

‘‘(I) has a rated storage tank volume of more than 75 gallons; 

‘‘(II) is manufactured on or after April 16, 2015; 

‘‘(III) has— 

‘‘(aa) an energy factor of not less than 1.061 minus the product obtained by multiplying— 

‘‘(AA) the rated storage volume of the tank, expressed in 

gallons; and 

‘‘(BB) 0.00168; or 

‘‘(bb) an equivalent alternative standard prescribed by the 

Secretary and developed pursuant to paragraph (5)(E); 

‘‘(IV) is equipped at the point of manufacture with an activation 

lock; and 

‘‘(V) bears a permanent label applied by the manufacturer that— 

‘‘(aa) is made of material not adversely affected by water; 

‘‘(bb) is attached by means of non-water-soluble adhesive; 

and 

‘‘(cc) advises purchasers and end-users of the intended and 

appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: 

‘‘ ‘IMPORTANT INFORMATION: This water heater is intended only for use as part 

of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility 

company or another program operator. Confirm the availability of a program in your 

local area before purchasing or installing this product.’. 

‘‘(B) REQUIREMENT.—The manufacturer or private labeler shall provide 

the activation key for a grid-enabled water heater only to a utility or other 

company that operates an electric thermal storage or demand response program that uses such a grid-enabled water heater. 

‘‘(C) REPORTS.— 

‘‘(i) MANUFACTURERS.—The Secretary shall require each manufacturer of grid-enabled water heaters to report to the Secretary annually 

the quantity of grid-enabled water heaters that the manufacturer ships 

each year. 

‘‘(ii) OPERATORS.—The Secretary shall require utilities and other demand response and thermal storage program operators to report annually the quantity of grid-enabled water heaters activated for their programs using forms of the Energy Information Agency or using such 

other mechanism that the Secretary determines appropriate after an 

opportunity for notice and comment. 

‘‘(iii) CONFIDENTIALITY REQUIREMENTS.—The Secretary shall treat 

shipment data reported by manufacturers as confidential business information. 

‘‘(D) PUBLICATION OF INFORMATION.— 

‘‘(i) IN GENERAL.—In 2017 and 2019, the Secretary shall publish an 

analysis of the data collected under subparagraph (C) to assess the extent to which shipped products are put into use in demand response 

and thermal storage programs. 

‘‘(ii) PREVENTION OF PRODUCT DIVERSION.—If the Secretary determines that sales of grid-enabled water heaters exceed by 15 percent or 

greater the quantity of such products activated for use in demand response and thermal storage programs annually, the Secretary shall, 

after opportunity for notice and comment, establish procedures to prevent product diversion for non-program purposes. 


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‘‘(E) COMPLIANCE.— ‘‘(i) IN GENERAL.—Subparagraphs (A) through (D) shall remain in effect until the Secretary determines under this section that— 

‘‘(I) grid-enabled water heaters do not require a separate efficiency requirement; or 

‘‘(II) sales of grid-enabled water heaters exceed by 15 percent or 

greater the quantity of such products activated for use in demand 

response and thermal storage programs annually and procedures to 

prevent product diversion for non-program purposes would not be 

adequate to prevent such product diversion. 

‘‘(ii) EFFECTIVE DATE.—If the Secretary exercises the authority described in clause (i) or amends the efficiency requirement for grid-enabled water heaters, that action will take effect on the date described 

in subsection (m)(4)(A)(ii). 

‘‘(iii) CONSIDERATION.—In carrying out this section with respect to 

electric water heaters, the Secretary shall consider the impact on thermal storage and demand response programs, including any impact on 

energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. 

‘‘(iv) REQUIREMENTS.—In carrying out this paragraph, the Secretary 

shall require that grid-enabled water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the Secretary determines that the 

technology is available, practical, and cost-effective.’’; 

(2) in section 332(a) (42 U.S.C. 6302(a))— 

(A) in paragraph (5), by striking ‘‘or’’ at the end; 

(B) in the first paragraph (6), by striking the period at the end and inserting a semicolon; 

(C) by redesignating the second paragraph (6) as paragraph (7); 

(D) in subparagraph (B) of paragraph (7) (as so redesignated), by striking 

the period at the end and inserting ‘‘; or’’; and 

(E) by adding at the end the following: 

‘‘(8) for any person to— 

‘‘(A) activate an activation lock for a grid-enabled water heater with 

knowledge that such water heater is not used as part of an electric thermal 

storage or demand response program; 

‘‘(B) distribute an activation key for a grid-enabled water heater with 

knowledge that such activation key will be used to activate a grid-enabled 

water heater that is not used as part of an electric thermal storage or demand response program; 

‘‘(C) otherwise enable a grid-enabled water heater to operate at its designed specification and capabilities with knowledge that such water heater 

is not used as part of an electric thermal storage or demand response program; or 

‘‘(D) knowingly remove or render illegible the label of a grid-enabled 

water heater described in section 325(e)(6)(A)(ii)(V).’’; 

(3) in section 333(a) (42 U.S.C. 6303(a))— 

(A) by striking ‘‘section 332(a)(5)’’ and inserting ‘‘paragraph (5), (6), (7), 

or (8) of section 332(a)’’; and 

(B) by striking ‘‘paragraph (1), (2), or (5) of section 332(a)’’ and inserting 

‘‘paragraph (1), (2), (5), (6), (7), or (8) of section 332(a)’’; and 

(4) in section 334 (42 U.S.C. 6304)— 

(A) by striking ‘‘section 332(a)(5)’’ and inserting ‘‘paragraph (5), (6), (7), 

or (8) of section 332(a)’’; and 

(B) by striking ‘‘section 332(a)(6)’’ and inserting ‘‘section 332(a)(7)’’. 

PURPOSE AND SUMMARY

H.R. 906, to modify the efficiency standards for grid-enabled 

water heaters was introduced by Rep. Ed Whitfield (R–KY) on February 11, 2015. The legislation amends the Energy and Policy Conservation Act to permit the continued manufacture of electric resistance water heaters above seventy-five gallons for use in thermal energy storage and demand response programs. To prevent 

water heaters produced for this purpose from being diverted to unauthorized use, the legislation requires a specified label, an activation key to be used by the utility operating a demand response proVerDate Sep 11 2014 00:41 Jun 11, 2015 Jkt 049006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR142.XXX HR142

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gram, and annual reporting requirements for manufacturers and 

utilities. 

BACKGROUND AND NEED FOR LEGISLATION

On March 22, 2010, the U.S. Department of Energy (DOE) issued 

a new energy efficiency standard, pursuant to the Energy Policy 

and Conservation Act, requiring nearly 200 percent efficiency for 

large capacity electric resistance water heaters. This standard applies to water heaters manufactured starting in April 2015. The 

new standard would, in effect, prohibit the manufacture of electric 

resistance water heaters of fifty-five gallons or larger capacity in 

favor of heat pump technology for water heaters of fifty-five gallons 

or larger capacity. Such heat pump water heaters are not compatible with certain utility thermal energy storage and demand response programs (i.e., programs that enable customers to reduce or 

shift their power use during peak demand periods). 

HEARINGS

The Subcommittee on Energy and Power held a hearing on H.R. 

906 on March 19, 2015. The Subcommittee received testimony 

from: • Gary Connett, Director, Member Services and Demand-Side 

Management, Great River Energy; • Steven Koep, Utility Sales Manager, Vaughn Thermal Corporation—Vaughn Electric Water Heaters; • Steven Nadel, Executive Director, American Council for an Energy-Efficient Economy; and, • Robin Roy, Director—Building Energy and Clean Energy Strategy, Natural Resources Defense Council. 

COMMITTEE CONSIDERATION

On April 14 and 15, 2015, the full Committee on Energy and 

Commerce met in open markup session and ordered H.R. 906 reported to the House, as amended, by a voice vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering H.R. 906 reported. 

A motion by Mr. Upton to order H.R. 906 reported to the House, 

as amended, was agreed to by a voice vote. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal of H.R. 906 is to amend the Energy and Policy Conservation Act to permit the continued manufacture of electric resistance water heaters above seventy-five gallons for use in thermal energy storage and demand response programs. 


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NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 906, 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 906 contains no earmarks, limited tax benefits, or limited tariff benefits. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 4, 2015. 

Hon. FRED UPTON, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 906, a bill to modify the 

efficiency standards for grid-enabled water heaters. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

KEITH HALL, 

Director. 

Enclosure. 

H.R. 906—A bill to modify the efficiency standards for grid-enabled 

water heaters 

H.R. 906 would specify energy-efficiency standards for certain 

water heaters, require manufacturers of such water heaters and 

utilities to report to the Secretary of Energy on their prevalence 

and use, and direct the Secretary to publish periodic analyses of 

that information. 

Based on information from the Department of Energy, CBO estimates that the department would spend less than $100,000 annually to meet new administrative and reporting requirements under 

H.R. 906, assuming the availability of appropriated funds. H.R. 906 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 


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H.R. 906 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was approved by Theresa Gullo, Assistant Director for 

Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

DUPLICATION OF FEDERAL PROGRAMS

No provision of H.R. 906 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULE MAKINGS

The Committee estimates that enacting H.R. 906 specifically directs to be completed no rule makings within the meaning of 5 

U.S.C. 551. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Grid-enabled water heaters 

Section 1 amends the Energy Policy and Conservation Act 

(EPCA) to provide additional energy conservation standards applicable to grid-enabled water heaters for use as part of an electric 

thermal storage or demand response program (a program that enables customers to reduce or shift their power use during peak demand periods). Specifically, section 1: 

• Requires annual reports from: (1) manufacturers of such water 

heaters regarding the quantity of the products shipped each year, 

and (2) utilities and other demand response and thermal storage 

program operators regarding the quantity of products activated for 

their programs. 

• Requires the Secretary of Energy to publish analyses of data 

collected from such reports and to establish procedures to prevent 

product diversion if sales of the products exceed by at least fifteen 

percent the quantity activated for use in the demand response and 

thermal storage programs annually. 


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• Maintains the standards and publication procedures established by this Act until the Secretary determines that: (1) such 

water heaters do not require a separate efficiency requirement, or 

(2) procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion. 

• Requires the Secretary to consider the impact of EPCA electric 

water heater standards on thermal storage and demand response 

programs, including on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and 

the environment. 

• Directs the Secretary to require that the water heaters be 

equipped with communication capability to enable the grid-enabled 

water heaters to participate in ancillary services programs if the 

technology is available, practical, and cost-effective. 

• Makes it unlawful for any person to: 

» activate an activation lock for a grid-enabled water heater 

with knowledge that it is not used as part of a demand response program; 

» distribute an activation key for such a water heater with 

the knowledge that it will be used to activate a heater that is 

not used as part of such program; 

» enable such water heater to operate at its designed specification and capabilities with the knowledge that it is not used 

as part of such program; or 

» knowingly remove or render illegible the label of such 

water heater. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

ENERGY POLICY AND CONSERVATION ACT 

* * * * * * * 

TITLE III—IMPROVING ENERGY EFFICIENCY 

* * * * * * * 

PART B—ENERGY CONSERVATION PROGRAM FOR CONSUMER

PRODUCTS OTHER THAN AUTOMOBILES

* * * * * * * 

ENERGY CONSERVATION STANDARDS

SEC. 325. (a) PURPOSES.—The purposes of this section are to— 

(1) provide Federal energy conservation standards applicable 

to covered products; and 

(2) authorize the Secretary to prescribe amended or new energy conservation standards for each type (or class) of covered 

product. 


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(b) STANDARDS FOR REFRIGERATORS, REFRIGERATOR-FREEZERS, 

AND FREEZERS.—(1) The following is the maximum energy use allowed in kilowatt hours per year for the following products (other 

than those described in paragraph (2)) manufactured on or after 

January 1, 1990: 

Energy Standards 

Equations 

Refrigerators and Refrigerator-Freezers with manual defrost .......... 16.3 AV+316 

Refrigerator-Freezers—partial automatic defrost ............................... 21.8 AV+429 

Refrigerator-Freezers—automatic defrost with: 

Top mounted freezer without ice ................................................... 23.5 AV+471 

Side mounted freezer without ice .................................................. 27.7 AV+488 

Bottom mounted freezer without ice ............................................. 27.7 AV+488 

Top mounted freezer with through the door ice service .............. 26.4 AV+535 

Side mounted freezer with through the door ice .......................... 30.9 AV+547 

Upright Freezers with: 

Manual defrost ................................................................................ 10.9 AV+422 

Automatic defrost ........................................................................... 16.0 AV+623 

Chest Freezers and all other freezers .................................................. 14.8 AV+223 

(2) The standards described in paragraph (1) do not apply to refrigerators and refrigerator-freezers with total refrigerated volume 

exceeding 39 cubic feet or freezers with total refrigerated volume 

exceeding 30 cubic feet. 

(3)(A)(i) The Secretary shall publish a proposed rule, no later 

than July 1, 1988, to determine if the standards established by 

paragraph (1) should be amended. The Secretary shall publish a 

final rule no later than July 1, 1989, which shall contain such 

amendment, if any, and provide that the amendment shall apply 

to products manufactured on or after January 1, 1993. If such a 

final rule is not published before January 1, 1990, any amendment 

of such standards shall apply to products manufactured on or after 

January 1, 1995. Nothing in this subsection provides any justification or defense for a failure by the Secretary to comply with the 

nondiscretionary duty to publish final rules by the dates stated in 

this paragraph. 

(ii)(I) If the Secretary does not publish a final rule before January 1, 1990, relating to the revision of the energy conservation 

standards for refrigerators, refrigerator-freezers and freezers, the 

regulations which established standards for such products and 

were promulgated by the California Energy Commission on December 14, 1984, to be effective January 1, 1992 (or any amendments 

to such standards that are not more stringent than the standards 

in the original regulations), shall apply in California to such products, effective beginning January 1, 1993, and shall not be preempted after such effective date by any energy conservation standard established in this section or prescribed, on or after January 

1, 1990, under this section. 

(II) If the Secretary does not publish a final rule before January 

1, 1992, relating to the revision of the energy conservation standards for refrigerators, refrigerator-freezers and freezers, State regulations which apply to such products manufactured on or after January 1, 1995, shall apply to such products until the effective date 

of a rule issued under this section with respect to such products. 

(B) After the publication of a final rule under subparagraph (A), 

the Secretary shall publish a final rule no later than five years 

after the date of publication of the previous final rule. The SecVerDate Sep 11 2014 00:41 Jun 11, 2015 Jkt 049006 PO 00000 Frm 00008 Fmt 6659 Sfmt 9001 E:\HR\OC\HR142.XXX HR142

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retary shall determine in such rule whether to amend the standards in effect for the products described in paragraph (1). 

(C) Any amendment prescribed under subparagraph (B) shall 

apply to products manufactured after a date which is five years 

after— 

(i) the effective date of the previous amendment; or 

(ii) if the previous final rule did not amend the standards, 

the earliest date by which the previous amendment could have 

been effective; 

except that in no case may any amended standard apply to products manufactured within three years after publication of the final 

rule establishing such amended standard. 

(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. 

(c) STANDARDS FOR ROOM AIR CONDITIONERS.—(1) The energy efficiency ratio of room air conditioners shall be not less than the following for products manufactured on or after January 1, 1990: 

Product Class: Ratio 

Without Reverse Cycle and With Louvered Sides: 

Less than 6,000 Btu ......................................................................... 8.0 

6,000 to 7,999 Btu ............................................................................ 8.5 

8,000 to 13,999 Btu .......................................................................... 9.0 

14,000 to 19,999 Btu ........................................................................ 8.8 

20,000 and more Btu ........................................................................ 8.2 

Without Reverse Cycle and Without Louvered Sides: 

Less than 6,000 Btu ......................................................................... 8.0 

6,000 to 7,999 Btu ............................................................................ 8.5 

8,000 to 13,999 Btu .......................................................................... 8.5 

14,000 to 19,999 Btu ........................................................................ 8.5 

20,000 and more Btu ........................................................................ 8.2 

With Reverse Cycle and With Louvered Sides ...................................... 8.5 

With Reverse Cycle, Without Louvered Sides ....................................... 8.0 

(2)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established under paragraph (1) should be amended. Such rule shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 1995. 

(B) After January 1, 1992, the Secretary shall publish a final 

rule no later than five years after the date of publication of a previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for room air conditioners. 

(C) Any amendment prescribed under subparagraph (B) shall 

apply to products manufactured after a date which is five years 

after— 

(i) the effective date of the previous amendment; or 

(ii) if the previous final rule did not amend the standards, 

the earliest date by which a previous amendment could have 

been effective; 


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except that in no case may any amended standard apply to products manufactured within three years after publication of the final 

rule establishing such amended standard. 

(d) STANDARDS FOR CENTRAL AIR CONDITIONERS AND HEAT

PUMPS.—(1) The seasonal energy efficiency ratio of central air conditioners and central air conditioning heat pumps shall be not less 

than the following: 

(A) Split Systems: 10.0 for products manufactured on or after 

January 1, 1992. 

(B) Single Package Systems: 9.7 for products manufactured 

on or after January 1, 1993. 

(2) The heating seasonal performance factor of central air conditioning heat pumps shall be not less than the following: 

(A) Split Systems: 6.8 for products manufactured on or after 

January 1, 1992. 

(B) Single Package Systems: 6.6 for products manufactured 

on or after January 1, 1993. 

(3)(A) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established 

under paragraph (1) should be amended. Such rule shall contain 

such amendment, if any, and provide that the amendment shall 

apply to products manufactured on or after January 1, 1999. The 

Secretary shall publish a final rule no later than January 1, 1994, 

to determine whether the standards established under paragraph 

(2) shall be amended. Such rule shall contain such amendment, if 

any, and provide that the amendment shall apply to products manufactured on or after January 1, 2002. 

(B) The Secretary shall publish a final rule after January 1, 

1994, and no later than January 1, 2001, to determine whether the 

standards in effect for central air conditioners and central air conditioning heat pumps should be amended. Such rule shall provide 

that any amendment shall apply to products manufactured on or 

after January 1, 2006. 

(4) STANDARDS FOR THROUGH-THE-WALL CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL CENTRAL AIR CONDITIONING HEAT

PUMPS, AND SMALL DUCT, HIGH VELOCITY SYSTEMS.— 

(A) DEFINITIONS.—In this paragraph: 

(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— 

(I) is designed for, and produces, at least 1.2 

inches of external static pressure when operated 

at the certified air volume rate of 220–350 CFM 

per rated ton of cooling; and 

(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. 

(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 

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tally or partially within a fixed-size opening in an exterior wall, and— 

(I) is not weatherized; 

(II) is clearly and permanently marked for installation only through an exterior wall; 

(III) has a rated cooling capacity no greater 

than 30,000 Btu/hr; 

(IV) exchanges all of its outdoor air across a single surface of the equipment cabinet; and 

(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). 

(iii) REVISION.—The Secretary may revise the definitions contained in this subparagraph through publication of a final rule. 

(B) SMALL-DUCT HIGH-VELOCITY SYSTEMS.— (i) SEASONAL ENERGY EFFICIENCY RATIO.—The seasonal energy efficiency ratio for small-duct high-velocity systems shall be not less than— 

(I) 11.00 for products manufactured on or after 

January 23, 2006; and 

(II) 12.00 for products manufactured on or after 

January 1, 2015. 

(ii) HEATING SEASONAL PERFORMANCE FACTOR.—The 

heating seasonal performance factor for small-duct 

high-velocity systems shall be not less than— 

(I) 6.8 for products manufactured on or after 

January 23, 2006; and 

(II) 7.2 for products manufactured on or after 

January 1, 2015. 

(C) SUBSEQUENT RULEMAKINGS.—The Secretary shall 

conduct subsequent rulemakings for through-the-wall central air conditioners, through-the-wall central air conditioning heat pumps, and small duct, high velocity systems 

as part of any rulemaking under this section used to review or revise standards for other central air conditioners 

and heat pumps. 

(e) STANDARDS FOR WATER HEATERS; POOL HEATERS; DIRECT

HEATING EQUIPMENT.—(1) The energy factor of water heaters shall 

be not less than the following for products manufactured on or 

after January 1, 1990: 

(A) Gas Water Heater: .62¥(.0019 x Rated Storage Volume in gallons) 

(B) Oil Water Heater: .59¥(.0019 x Rated Storage Volume in gallons) 

(C) Electric Water Heater: .95¥(.00132 x Rated Storage Volume in gallons) 

(2) The thermal efficiency of pool heaters manufactured on or 

after January 1, 1990, shall not be less than 78 percent. 

(3) The efficiencies of gas direct heating equipment manufactured 

on or after January 1, 1990, shall be not less than the following: 

Wall 

Fan type 

Up to 42,000 Btu/hour ............................................................ 73% AFUE 


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Over 42,000 Btu/hour .............................................................. 74% AFUE 

Gravity type 

Up to 10,000 Btu/hour ............................................................ 59% AFUE 

Over 10,000 Btu/hour up to 12,000 Btu/hour ....................... 60% AFUE 

Over 12,000 Btu/hour up to 15,000 Btu/hour ....................... 61% AFUE 

Over 15,000 Btu/hour up to 19,000 Btu/hour ....................... 62% AFUE 

Over 19,000 Btu/hour up to 27,000 Btu/hour ....................... 63% AFUE 

Over 27,000 Btu/hour up to 46,000 Btu/hour ....................... 64% AFUE 

Over 46,000 Btu/hour .............................................................. 65% AFUE 

Floor 

Up to 37,000 Btu/hour ............................................................ 56% AFUE 

Over 37,000 Btu/hour .............................................................. 57% AFUE 

Room 

Up to 18,000 Btu/hour ............................................................ 57% AFUE 

Over 18,000 Btu/hour up to 20,000 Btu/hour ....................... 58% AFUE 

Over 20,000 Btu/hour up to 27,000 Btu/hour ....................... 63% AFUE 

Over 27,000 Btu/hour up to 46,000 Btu/hour ....................... 64% AFUE 

Over 46,000 Btu/hour .............................................................. 65% AFUE 

(4)(A) The Secretary shall publish final rules no later than January 1, 1992, to determine whether the standards established by 

paragraph (1), (2), or (3) for water heaters, pool heaters, and direct 

heating equipment should be amended. Such rule shall provide 

that any amendment shall apply to products manufactured on or 

after January 1, 1995. 

(B) The Secretary shall publish a final rule no later than January 1, 2000, to determine whether standards in effect for such 

products should be amended. Such rule shall provide that any such 

amendment shall apply to products manufactured on or after January 1, 2005. 

(5) UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER

HEATERS.— 

(A) DEFINITIONS.—In this paragraph: 

(i) COVERED WATER HEATER.—The term ‘‘covered 

water heater’’ means— 

(I) a water heater; and 

(II) a storage water heater, instantaneous water 

heater, and unfired hot water storage tank (as defined in section 340). 

(ii) FINAL RULE.—The term ‘‘final rule’’ means the 

final rule published under this paragraph. 

(B) PUBLICATION OF FINAL RULE.—Not later than 1 year 

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. 

(C) PURPOSE.—The purpose of the final rule shall be to 

replace with a uniform efficiency descriptor— 

(i) the energy factor descriptor for water heaters established under this subsection; and 

(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). 

(D) EFFECT OF FINAL RULE.— 

(i) IN GENERAL.—Notwithstanding any other provision of this title, effective beginning on the effective 

date of the final rule, the efficiency standard for covVerDate Sep 11 2014 00:41 Jun 11, 2015 Jkt 049006 PO 00000 Frm 00012 Fmt 6659 Sfmt 9001 E:\HR\OC\HR142.XXX HR142

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ered water heaters shall be denominated according to 

the efficiency descriptor established by the final rule. 

(ii) EFFECTIVE DATE.—The final rule shall take effect 

1 year after the date of publication of the final rule 

under subparagraph (B). 

(E) CONVERSION FACTOR.— (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. 

(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. 

(iii) EFFECT ON EFFICIENCY REQUIREMENTS.—The 

conversion factor shall not affect the minimum efficiency requirements for covered water heaters otherwise established under this title. 

(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. 

(v) PERIOD.—Clause (iv) shall apply during the period— 

(I) beginning on the date of publication of the 

conversion factor in the Federal Register; and 

(II) ending on the later of 1 year after the date 

of publication of the conversion factor, or December 31, 2015. 

(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— 

(i) does not have a residential use and can be clearly 

described in the final rule; and 

(ii) are effectively rated using the thermal efficiency 

and standby loss descriptors applied (as of the date of 

enactment of this paragraph) to the category under 

section 342(a)(5). 

(G) OPTIONS.—The descriptor set by the final rule may 

be— 

(i) a revised version of the energy factor descriptor 

in use as of the date of enactment of this paragraph; 

(ii) the thermal efficiency and standby loss 

descriptors in use as of that date; 

(iii) a revised version of the thermal efficiency and 

standby loss descriptors; 

(iv) a hybrid of descriptors; or 

(v) a new approach. 

(H) APPLICATION.—The efficiency descriptor and accompanying test method established under the final rule shall 


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apply, to the maximum extent practicable, to all water 

heating technologies in use as of the date of enactment of 

this paragraph and to future water heating technologies. 

(I) PARTICIPATION.—The Secretary shall invite interested 

stakeholders to participate in the rulemaking process used 

to establish the final rule. 

(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. 

(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— 

(i) was manufactured prior to the effective date of 

the final rule; and 

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

(6) ADDITIONAL STANDARDS FOR GRID-ENABLED WATER HEATERS.— 

(A) DEFINITIONS.—In this paragraph: 

(i) ACTIVATION LOCK.—The term ‘‘activation lock’’ 

means a control mechanism (either a physical device 

directly on the water heater or a control system integrated into the water heater) that is locked by default 

and contains a physical, software, or digital communication that must be activated with an activation key 

to enable the product to operate at its designed specifications and capabilities and without which activation 

the product will provide not greater than 50 percent of 

the rated first hour delivery of hot water certified by 

the manufacturer. 

(ii) GRID-ENABLED WATER HEATER.—The term ‘‘gridenabled water heater’’ means an electric resistance 

water heater that— 

(I) has a rated storage tank volume of more than 

75 gallons; 

(II) is manufactured on or after April 16, 2015; 

(III) has— 

(aa) an energy factor of not less than 1.061 

minus the product obtained by multiplying— 

(AA) the rated storage volume of the 

tank, expressed in gallons; and 

(BB) 0.00168; or 

(bb) an equivalent alternative standard prescribed by the Secretary and developed pursuant to paragraph (5)(E); 

(IV) is equipped at the point of manufacture 

with an activation lock; and 

(V) bears a permanent label applied by the manufacturer that— 


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(aa) is made of material not adversely affected by water; 

(bb) is attached by means of non-water-soluble adhesive; and 

(cc) advises purchasers and end-users of the 

intended and appropriate use of the product 

with the following notice printed in 16.5 point 

Arial Narrow Bold font: 

‘‘IMPORTANT INFORMATION: This water heater is intended 

only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or 

another program operator. Confirm the availability of a program in 

your local area before purchasing or installing this product.’’. 

(B) REQUIREMENT.—The manufacturer or private labeler 

shall provide the activation key for a grid-enabled water 

heater only to a utility or other company that operates an 

electric thermal storage or demand response program that 

uses such a grid-enabled water heater. 

(C) REPORTS.— 

(i) MANUFACTURERS.—The Secretary shall require 

each manufacturer of grid-enabled water heaters to report to the Secretary annually the quantity of grid-enabled water heaters that the manufacturer ships each 

year. 

(ii) OPERATORS.—The Secretary shall require utilities 

and other demand response and thermal storage program operators to report annually the quantity of gridenabled water heaters activated for their programs 

using forms of the Energy Information Agency or using 

such other mechanism that the Secretary determines 

appropriate after an opportunity for notice and comment. 

(iii) CONFIDENTIALITY REQUIREMENTS.—The Secretary shall treat shipment data reported by manufacturers as confidential business information. 

(D) PUBLICATION OF INFORMATION.— 

(i) IN GENERAL.—In 2017 and 2019, the Secretary 

shall publish an analysis of the data collected under 

subparagraph (C) to assess the extent to which shipped 

products are put into use in demand response and 

thermal storage programs. 

(ii) PREVENTION OF PRODUCT DIVERSION.—If the Secretary determines that sales of grid-enabled water heaters exceed by 15 percent or greater the quantity of such 

products activated for use in demand response and 

thermal storage programs annually, the Secretary 

shall, after opportunity for notice and comment, establish procedures to prevent product diversion for nonprogram purposes. 

(E) COMPLIANCE.— 

(i) IN GENERAL.—Subparagraphs (A) through (D) 

shall remain in effect until the Secretary determines 

under this section that— 


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(I) grid-enabled water heaters do not require a 

separate efficiency requirement; or 

(II) sales of grid-enabled water heaters exceed by 

15 percent or greater the quantity of such products 

activated for use in demand response and thermal 

storage programs annually and procedures to prevent product diversion for non-program purposes 

would not be adequate to prevent such product diversion. 

(ii) EFFECTIVE DATE.—If the Secretary exercises the 

authority described in clause (i) or amends the efficiency requirement for grid-enabled water heaters, that 

action will take effect on the date described in subsection (m)(4)(A)(ii). 

(iii) CONSIDERATION.—In carrying out this section 

with respect to electric water heaters, the Secretary 

shall consider the impact on thermal storage and demand response programs, including any impact on energy savings, electric bills, peak load reduction, electric 

reliability, integration of renewable resources, and the 

environment. 

(iv) REQUIREMENTS.—In carrying out this paragraph, the Secretary shall require that grid-enabled 

water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the Secretary 

determines that the technology is available, practical, 

and cost-effective. 

(f) STANDARDS FOR FURNACES AND BOILERS.—(1) Furnaces (other 

than furnaces designed solely for installation in mobile homes) 

manufactured on or after January 1, 1992, shall have an annual 

fuel utilization efficiency of not less than 78 percent, except that— 

(A) boilers (other than gas steam boilers) shall have an annual fuel utilization efficiency of not less than 80 percent and 

gas steam boilers shall have an annual fuel utilization efficiency of not less than 75 percent; and 

(B) the Secretary shall prescribe a final rule not later than 

January 1, 1989, establishing an energy conservation standard— 

(i) which is for furnaces (other than furnaces designed 

solely for installation in mobile homes) having an input of 

less than 45,000 Btu per hour and manufactured on or 

after January 1, 1992; 

(ii) which provides that the annual fuel utilization efficiency of such furnaces shall be a specific percent which is 

not less than 71 percent and not more than 78 percent; 

and 

(iii) which the Secretary determines is not likely to result in a significant shift from gas heating to electric resistance heating with respect to either residential construction or furnace replacement. 

(2) Furnaces which are designed solely for installation in mobile 

homes and which are manufactured on or after September 1, 1990, 

shall have an annual fuel utilization efficiency of not less than 75 

percent. 


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(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. 

(4)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine whether the standards established by 


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paragraph (2) for mobile home furnaces should be amended. Such 

rule shall provide that any amendment shall apply to products 

manufactured on or after January 1, 1994. 

(B) The Secretary shall publish a final rule no later than January 1, 1994, to determine whether the standards established by 

this subsection for furnaces (including mobile home furnaces) 

should be amended. Such rule shall provide that any amendment 

shall apply to products manufactured on or after January 1, 2002. 

(C) After January 1, 1997, and before January 1, 2007, the Secretary shall publish a final rule to determine whether standards in 

effect for such products should be amended. Such rule shall contain 

such amendment, if any, and provide that any amendment shall 

apply to products manufactured on or after January 1, 2012. 

(D) Notwithstanding any other provision of this Act, if the requirements of subsection (o) are met, not later than December 31, 

2013, the Secretary shall consider and prescribe energy conservation standards or energy use standards for electricity used for purposes of circulating air through duct work. 

(g) STANDARDS FOR DISHWASHERS; CLOTHES WASHERS; CLOTHES

DRYERS, FLUORESCENT LAMP BALLASTS.—(1) Dishwashers manufactured on or after January 1, 1988, shall be equipped with an option to dry without heat. 

(2) All rinse cycles of clothes washers shall include an unheated 

water option, but may have a heated water rinse option, for products manufactured on or after January 1, 1988. 

(3) Gas clothes dryers shall not be equipped with a constant 

burning pilot for products manufactured on or after January 1, 

1988. 

(4)(A) The Secretary shall publish final rules no later than January 1, 1990, to determine if the standards established under this 

subsection for products described in paragraphs (1), (2), and (3) 

should be amended. Such rules shall provide that any amendment 

shall apply to products the manufacture of which is completed on 

or after January 1, 1993. 

(B) After January 1, 1990, the Secretary shall publish a final 

rule no later than five years after the date of publication of the previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for such products. 

(C) Any such amendment shall apply to products manufactured 

after a date which is five years after— 

(i) the effective date of the previous amendment; or 

(ii) if the previous final rule did not amend the standard, the 

earliest date by which a previous amendment could have been 

in effect; 

except that in no case may any amended standard apply to products manufactured within 3 years after publication of the final rule 

establishing such standard. 

(5) Except as provided in paragraph (6), each fluorescent lamp 

ballast— 

(A)(i) manufactured on or after January 1, 1990; 

(ii) sold by the manufacturer on or after April 1, 1990; or 

(iii) incorporated into a luminaire by a luminaire manufacturer on or after April 1, 1991; and 

(B) designed— 


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(i) to operate at nominal input voltages of 120 or 277 

volts; 

(ii) to operate with an input current frequency of 60 

Hertz; and 

(iii) for use in connection with an F40T12, F96T12, or 

F96T12HO lamps; 

shall have a power factor of 0.90 or greater and shall have a ballast 

efficacy factor not less than the following: 

Application for Operation of 

Ballast 

Input 

Voltage 

Total 

Nominal 

Lamp 

Watts 

Ballast 

Efficacy 

Factor 

one F40T12 lamp 120 40 1.805 

277 40 1.805 

two F40T12 lamps 120 80 1.060 

277 80 1.050 

two F96T12 lamps 120 150 0.570 

277 150 0.570 

two F96T12HO lamps 120 220 0.390 

277 220 0.390 

(6) The standards described in paragraph (5) do not apply to (A) 

a ballast which is designed for dimming or for use in ambient temperatures of 0° F or less, or (B) a ballast which has a power factor 

of less than 0.90 and is designed and labeled for use only in residential building applications. 

(7)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established under paragraph (5) should be amended, including whether such standards 

should be amended so that they would be applicable to ballasts described in paragraph (6) and other fluorescent lamp ballasts. Such 

rule shall contain such amendment, if any, and provide that the 

amendment shall apply to products manufactured on or after January 1, 1995. 

(B) After January 1, 1992, the Secretary shall publish a final 

rule no later than five years after the date of publication of a previous final rule. The Secretary shall determine in such rule whether to amend the standards in effect for fluorescent lamp ballasts, 

including whether such standards should be amended so that they 

would be applicable to additional fluorescent lamp ballasts. 

(C) Any amendment prescribed under subparagraph (B) shall 

apply to products manufactured after a date which is five years 

after— 

(i) the effective date of the previous amendment; or 

(ii) if the previous final rule did not amend the standards, 

the earliest date by which a previous amendment could have 

been effective; 

except that in no case may any amended standard apply to products manufactured within three years after publication of the final 

rule establishing such amended standard. 

(8)(A) Each fluorescent lamp ballast (other than replacement ballasts or ballasts described in subparagraph (C))— 

(i)(I) manufactured on or after July 1, 2009; 

(II) sold by the manufacturer on or after October 1, 2009; or 

(III) incorporated into a luminaire by a luminaire manufacturer on or after July 1, 2010; and 


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(ii) designed— 

(I) to operate at nominal input voltages of 120 or 277 

volts; 

(II) to operate with an input current frequency of 60 

Hertz; and 

(III) for use in connection with F34T12 lamps, F96T12/ 

ES lamps, or F96T12HO/ES lamps; 

shall have a power factor of 0.90 or greater and shall have a 

ballast efficacy factor of not less than the following: 


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Application for operation of Ballast 

input voltage 

Total nominal lamp watts 

Ballast efficacy factor

One F34T12 lamp 120/277 34 2.61Two F34T12 lamps 120/277 68 1.35Two F96T12/ES lamps 120/277 120 0.77Two F96T12HO/ES lamps 120/277 190 0.42. 


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(B) The standards described in subparagraph (A) shall apply to 

all ballasts covered by subparagraph (A)(ii) that are manufactured 

on or after July 1, 2010, or sold by the manufacturer on or after 

October 1, 2010. 

(C) The standards described in subparagraph (A) do not apply 

to— 

(i) a ballast that is designed for dimming to 50 percent or 

less of the maximum output of the ballast; 

(ii) a ballast that is designed for use with 2 F96T12HO 

lamps at ambient temperatures of negative 20°F or less and for 

use in an outdoor sign; or 

(iii) a ballast that has a power factor of less than 0.90 and 

is designed and labeled for use only in residential applications. 

(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. 

(h) STANDARDS FOR KITCHEN RANGES AND OVENS.—(1) Gas kitchen ranges and ovens having an electrical supply cord shall not be 

equipped with a constant burning pilot for products manufactured 

on or after January 1, 1990. 

(2)(A) The Secretary shall publish a final rule no later than January 1, 1992, to determine if the standards established for kitchen 

ranges and ovens in this subsection should be amended. Such rule 

shall contain such amendment, if any, and provide that the amendment shall apply to products manufactured on or after January 1, 

1995. 

(B) The Secretary shall publish a final rule no later than January 1, 1997, to determine whether standards in effect for such 


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products should be amended. Such rule shall apply to products 

manufactured on or after January 1, 2000. 

(i) GENERAL SERVICE FLUORESCENT LAMPS, GENERAL SERVICE IN- CANDESCENT LAMPS, INTERMEDIATE BASE INCANDESCENT LAMPS, CANDELABRA BASE INCANDESCENT LAMPS, AND INCANDESCENT RE- FLECTOR LAMPS.— (1) STANDARDS.— (A) DEFINITION OF EFFECTIVE DATE.—In this paragraph 

(other than subparagraph (D)), the term ‘‘effective date’’ 

means, with respect to each type of lamp specified in a 

table contained in subparagraph (B), the last day of the 

period of months corresponding to that type of lamp (as 

specified in the table) that follows October 24, 1992. 

(B) MINIMUM STANDARDS.—Each of the following general 

service fluorescent lamps and incandescent reflector lamps 

manufactured after the effective date specified in the tables contained in this paragraph shall meet or exceed the 

following lamp efficacy and CRI standards: 

FLUORESCENT LAMPS 

Lamp Type 

Nominal 

Lamp 

Wattage 

Minimum 

CRI 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

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

TM35 W 45 75.0 36 

2-foot U-shaped ............. >35 W 69 68.0 36 

TM35 W 45 64.0 36 

8-foot slimline ............... 65 W 69 80.0 18 

TM65 W 45 80.0 18 

8-foot high output ......... >100 W 69 80.0 18 

TM100 W 45 80.0 18 

INCANDESCENT REFLECTOR LAMPS 

Nominal Lamp Wattage 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

40–50 ....................................................................... 10.5 36 

51–66 ....................................................................... 11.0 36 

67–85 ....................................................................... 12.5 36 

86–115 ..................................................................... 14.0 36 

116–155 ..................................................................... 14.5 36 

156–205 ..................................................................... 15.0 36 

(C) EXEMPTIONS.—The standards specified in subparagraph (B) shall not apply to the following types of incandescent reflector lamps: 

(i) Lamps rated at 50 watts or less that are ER30, 

BR30, BR40, or ER40 lamps. 

(ii) Lamps rated at 65 watts that are BR30, BR40, 

or ER40 lamps. 

(iii) R20 incandescent reflector lamps rated 45 watts 

or less. 

(D) EFFECTIVE DATES.— 


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(i) ER, BR, AND BPAR LAMPS.—The standards specified in subparagraph (B) 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. 

(ii) LAMPS BETWEEN 2.25–2.75 INCHES IN DIAMETER.— The standards specified in subparagraph (B) 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. 

(2) Notwithstanding section 332(a)(5) and section 332(b), it shall 

not be unlawful for a manufacturer to sell a lamp which is in compliance with the law at the time such lamp was manufactured. 

(3) Not less than 36 months after the date of the enactment of 

this subsection, 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 the date of the enactment of this subsection to determine if the standards established under paragraph 

(1) should be amended. Such rule shall contain such amendment, 

if any, and provide that the amendment shall apply to products 

manufactured on or after the 36-month period beginning on the 

date such final rule is published. 

(4) Not less than eight years after the date of the enactment of 

this subsection, the Secretary shall initiate a rulemaking procedure 

and shall publish a final rule not later than nine years and six 

months after the date of the enactment of this subsection to determine if the standards in effect for fluorescent lamps and incandescent lamps should be amended. Such rule shall contain such 

amendment, if any, and provide that the amendment shall apply 

to products manufactured on or after the 36-month period beginning on the date such final rule is published. 

(5) 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 initiate a rulemaking procedure to determine if the standards in effect for fluorescent lamps and incandescent lamps should be amended so that they would be applicable 

to additional general service fluorescent and shall publish, not later 

than 18 months after initiating such rulemaking, a final rule including such amended standards, if any. Such rule shall provide 

that the amendment shall apply to products manufactured after a 

date which is 36 months after the date such rule is published. 

(6) STANDARDS FOR GENERAL SERVICE LAMPS.— 

(A) RULEMAKING BEFORE JANUARY 1, 2014.— 

(i) IN GENERAL.—Not later than January 1, 2014, 

the Secretary shall initiate a rulemaking procedure to 

determine whether— 

(I) standards in effect for general service lamps 

should be amended to establish more stringent 

standards than the standards specified in paragraph (1)(A); and 

(II) the exemptions for certain incandescent 

lamps should be maintained or discontinued 


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based, in part, on exempted lamp sales collected 

by the Secretary from manufacturers. 

(ii) SCOPE.—The rulemaking— 

(I) shall not be limited to incandescent lamp 

technologies; and 

(II) shall include consideration of a minimum 

standard of 45 lumens per watt for general service 

lamps. 

(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service 

incandescent lamps should be amended, the Secretary 

shall publish a final rule not later than January 1, 

2017, with an effective date that is not earlier than 3 

years after the date on which the final rule is published. 

(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 

shall consider phased-in effective dates under this subparagraph after considering— 

(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, 

workers, and raw materials; and 

(II) the time needed to work with retailers and 

lighting designers to revise sales and marketing 

strategies. 

(v) BACKSTOP REQUIREMENT.—If the Secretary fails 

to complete a rulemaking in accordance with clauses 

(i) through (iv) or if the final rule does not produce 

savings that are greater than or equal to the savings 

from a minimum efficacy standard of 45 lumens per 

watt, effective beginning January 1, 2020, the Secretary shall prohibit the sale of any general service 

lamp that does not meet a minimum efficacy standard 

of 45 lumens per watt. 

(vi) STATE PREEMPTION.—Neither section 327(b) nor 

any other provision of law shall preclude California or 

Nevada from adopting, effective beginning on or after 

January 1, 2018— 

(I) a final rule adopted by the Secretary in accordance with clauses (i) through (iv); 

(II) if a final rule described in subclause (I) has 

not been adopted, the backstop requirement under 

clause (v); or 

(III) in the case of California, if a final rule described in subclause (I) has not been adopted, any 

California regulations relating to these covered 

products adopted pursuant to State statute in effect as of the date of enactment of the Energy 

Independence and Security Act of 2007. 

(B) RULEMAKING BEFORE JANUARY 1, 2020.— (i) IN GENERAL.—Not later than January 1, 2020, 

the Secretary shall initiate a rulemaking procedure to 

determine whether— 

(I) standards in effect for general service incandescent lamps should be amended to reflect lumen 


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ranges with more stringent maximum wattage 

than the standards specified in paragraph (1)(A); 

and 

(II) the exemptions for certain incandescent 

lamps should be maintained or discontinued 

based, in part, on exempted lamp sales data collected by the Secretary from manufacturers. 

(ii) SCOPE.—The rulemaking shall not be limited to 

incandescent lamp technologies. 

(iii) AMENDED STANDARDS.—If the Secretary determines that the standards in effect for general service 

incandescent lamps should be amended, the Secretary 

shall publish a final rule not later than January 1, 

2022, with an effective date that is not earlier than 3 

years after the date on which the final rule is published. 

(iv) PHASED-IN EFFECTIVE DATES.—The Secretary 

shall consider phased-in effective dates under this subparagraph after considering— 

(I) the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, 

workers, and raw materials; and 

(II) the time needed to work with retailers and 

lighting designers to revise sales and marketing 

strategies. 

(7)(A) With respect to any lamp to which standards are applicable under this subsection or any lamp specified in section 346, the 

Secretary shall inform any Federal entity proposing actions which 

would adversely impact the energy consumption or energy efficiency of such lamp of the energy conservation consequences of 

such action. It shall be the responsibility of such Federal entity to 

carefully consider the Secretary’s comments. 

(B) Notwithstanding section 325(n)(1), the Secretary shall not be 

prohibited from amending any standard, by rule, to permit increased energy use or to decrease the minimum required energy efficiency of any lamp to which standards are applicable under this 

subsection if such action is warranted as a result of other Federal 

action (including restrictions on materials or processes) which 

would have the effect of either increasing the energy use or decreasing the energy efficiency of such product. 

(8) Not later than the date on which standards established pursuant to this subsection become effective, or, with respect to highintensity discharge lamps covered under section 346, the effective 

date of standards established pursuant to such section, each manufacturer of a product to which such standards are applicable shall 

file with the Secretary a laboratory report certifying compliance 

with the applicable standard for each lamp type. Such report shall 

include the lumen output and wattage consumption for each lamp 

type as an average of measurements taken over the preceding 12- 

month period. With respect to lamp types which are not manufactured during the 12-month period preceding the date such standards become effective, such report shall be filed with the Secretary 

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age consumption for each such lamp type as an average of measurements taken during such 12-month period. 

(j) STANDARDS FOR SHOWERHEADS AND FAUCETS.—(1) The maximum water use allowed for any showerhead manufactured after 

January 1, 1994, is 2.5 gallons per minute when measured at a 

flowing water pressure of 80 pounds per square inch. Any such 

showerhead shall also meet the requirements of ASME/ANSI 

A112.18.1M–1989, 7.4.3(a). 

(2) The maximum water use allowed for any of the following faucets manufactured after January 1, 1994, when measured at a 

flowing water pressure of 80 pounds per square inch, is as follows: 

Lavatory faucets ................................... 2.5 gallons per minute 

Lavatory replacement aerators ........... 2.5 gallons per minute 

Kitchen faucets ..................................... 2.5 gallons per minute 

Kitchen replacement aerators ............. 2.5 gallons per minute 

Metering faucets ................................... 0.25 gallons per cycle 

(3)(A) If the maximum flow rate requirements or the design requirements of ASME/ANSI Standard A112.18.1M–1989 are amended to improve the efficiency of water use of any type or class of 

showerhead or faucet and are approved by ANSI, the Secretary 

shall, not later than 12 months after the date of such amendment, 

publish a final rule establishing an amended uniform national 

standard for that product at the level specified in the amended 

ASME/ANSI Standard A112.18.1M and providing that such standard shall apply to products manufactured after a date which is 12 

months after the publication of such rule, unless the Secretary determines, by rule published in the Federal Register, that adoption 

of a uniform national standard at the level specified in such 

amended ASME/ANSI Standard A112.18.1M— 

(i) is not technologically feasible and economically justified 

under subsection (o); 

(ii) is not consistent with the maintenance of public health 

and safety; or 

(iii) is not consistent with the purposes of this Act. 

(B)(i) As part of the rulemaking conducted under subparagraph 

(A), the Secretary shall also determine if adoption of a uniform national standard for any type or class of showerhead or faucet more 

stringent than such amended ASME/ANSI Standard A112.18.1M— 

(I) would result in additional conservation of energy or 

water; 

(II) would be technologically feasible and economically justified under subsection (o); and 

(III) would be consistent with the maintenance of public 

health and safety. 

(ii) If the Secretary makes an affirmative determination under 

clause (i), the final rule published under subparagraph (A) shall 

waive the provisions of section 327(c) with respect to any State regulation concerning the water use or water efficiency of such type 

or class of showerhead or faucet if such State regulation— 

(I) is more stringent than amended ASME/ANSI Standard 

A112.18.1M for such type or class of showerhead or faucet and 

the standard in effect for such product on the day before the 

date on which a final rule is published under subparagraph 

(A); and 


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(II) is applicable to any sale or installation of all products in 

such type or class of showerhead or faucet. 

(C) If, after any period of five consecutive years, the maximum 

flow rate requirements of the ASME/ANSI standard for 

showerheads are not amended to improve the efficiency of water 

use of such products, or after any such period such requirements 

for faucets are not amended to improve the efficiency of water use 

of such products, the Secretary shall, not later than six months 

after the end of such five-year period, publish a final rule waiving 

the provisions of section 327(c) with respect to any State regulation 

concerning the water use or water efficiency of such type or class 

of showerhead or faucet if such State regulation— 

(i) is more stringent than the standards in effect for such 

type of class of showerhead or faucet; and 

(ii) is applicable to any sale or installation of all products in 

such type or class of showerhead or faucet. 

(k) STANDARDS FOR WATER CLOSETS AND URINALS.—(1)(A) Except 

as provided in subparagraph (B), the maximum water use allowed 

in gallons per flush for any of the following water closets manufactured after January 1, 1994, is the following: 

Gravity tank-type toilets .......................................................................... 1.6 gpf.

Flushometer tank toilets .......................................................................... 1.6 gpf.

Electromechanical hydraulic toilets ........................................................ 1.6 gpf.

Blowout toilets .......................................................................................... 3.5 gpf. 

(B) The maximum water use allowed for any gravity tank-type 

white 2-piece toilet which bears an adhesive label conspicuous upon 

installation consisting of the words ‘‘Commercial Use Only’’ manufactured after January 1, 1994, and before January 1, 1997, is 3.5 

gallons per flush. 

(C) The maximum water use allowed for flushometer valve toilets, other than blowout toilets, manufactured after January 1, 

1997, is 1.6 gallons per flush. 

(2) The maximum water use allowed for any urinal manufactured 

after January 1, 1994, is 1.0 gallon per flush. 

(3)(A) If the maximum flush volume requirements of ASME 

Standard A112.19.6–1990 are amended to improve the efficiency of 

water use of any low consumption water closet or low consumption 

urinal and are approved by ANSI, the Secretary shall, not later 

than 12 months after the date of such amendment, publish a final 

rule establishing an amended uniform national standard for that 

product at the level specified in amended ASME/ANSI Standard 

A112.19.6 and providing that such standard shall apply to products 

manufactured after a date which is one year after the publication 

of such rule, unless the Secretary determines, by rule published in 

the Federal Register, that adoption of a uniform national standard 

at the level specified in such amended ASME/ANSI Standard 

A112.19.6— 

(i) is not technologically feasible and economically justified 

under subsection (o); 

(ii) is not consistent with the maintenance of public health 

and safety; or 

(iii) is not consistent with the purposes of this Act. 

(B)(i) As part of the rulemaking conducted under subparagraph 

(A), the Secretary shall also determine if adoption of a uniform national standard for any type or class of low consumption water closVerDate Sep 11 2014 00:41 Jun 11, 2015 Jkt 049006 PO 00000 Frm 00028 Fmt 6659 Sfmt 9001 E:\HR\OC\HR142.XXX HR142

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et or low consumption urinal more stringent than such amended 

ASME/ANSI Standard A112.19.6 for such product— 

(I) would result in additional conservation of energy or 

water; 

(II) would be technologically feasible and economically justified under subsection (o); and 

(III) would be consistent with the maintenance of public 

health and safety. 

(ii) If the Secretary makes an affirmative determination under 

clause (i), the final rule published under subparagraph (A) shall 

waive the provisions of section 327(c) with respect to any State regulation concerning the water use or water efficiency of such type 

or class of low consumption water closet or low consumption urinal 

if such State regulation— 

(I) is more stringent than amended ASME/ANSI Standard 

A112.19.6 for such type or class of low consumption water closet or low consumption urinal and the standard in effect for 

such product on the day before the date on which a final rule 

is published under subparagraph (A); and 

(II) is applicable to any sale or installation of all products in 

such type or class of low consumption water closet or low consumption urinal. 

(C) If, after any period of five consecutive years, the maximum 

flush volume requirements of the ASME/ANSI standard for low 

consumption water closets are not amended to improve the efficiency of water use of such products, or after any such period such 

requirements for low consumption urinals are not amended to improve the efficiency of water use of such products, the Secretary 

shall, not later than six months after the end of such five-year period, publish a final rule waiving the provisions of section 327(c) 

with respect to any State regulation concerning the water use or 

water efficiency of such type or class of water closet or urinal if 

such State regulation— 

(i) is more stringent than the standards in effect for such 

type or class of water closet or urinal; and 

(ii) is applicable to any sale or installation of all products in 

such type or class of water closet or urinal. 

(l) STANDARDS FOR OTHER COVERED PRODUCTS.—(1) The Secretary may prescribe an energy conservation standard for any type 

(or class) of covered products of a type specified in paragraph (19) 

of section 322(a) if the requirements of subsections (o) and (p) are 

met and the Secretary determines that— 

(A) the average per household energy use within the United 

States by products of such type (or class) exceeded 150 kilowatt-hours (or its Btu equivalent) for any 12-month period ending before such determination; 

(B) the aggregate household energy use within the United 

States by products of such type (or class) exceeded 

4,200,000,000 kilowatt-hours (or its Btu equivalent) for any 

such 12-month period; 

(C) substantial improvement in the energy efficiency of products of such type (or class) is technologically feasible; and 

(D) the application of a labeling rule under section 324 to 

such type (or class) is not likely to be sufficient to induce manufacturers to produce, and consumers and other persons to 


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purchase, covered products of such type (or class) which 

achieve the maximum energy efficiency which is technologically feasible and economically justified. 

(2) Any new or amended standard for covered products of a type 

specified in paragraph (19) of section 322(a) shall not apply to products manufactured within five years after the publication of a final 

rule establishing such standard. 

(3) The Secretary may, in accordance with subsections (o) and 

(p), prescribe an energy conservation standard for television sets. 

Any such standard may not become effective with respect to products manufactured before January 1, 1992. 

(4) ENERGY EFFICIENCY STANDARDS FOR CERTAIN LAMPS.— 

(A) IN GENERAL.—The Secretary shall prescribe an energy efficiency standard for rough service lamps, vibration 

service lamps, 3-way incandescent lamps, 2,601–3,300 

lumen general service incandescent lamps, and shatter-resistant lamps in accordance with this paragraph. 

(B) BENCHMARKS.—Not later than 1 year after the date 

of enactment of this paragraph, the Secretary, in consultation with the National Electrical Manufacturers Association, shall— 

(i) collect actual data for United States unit sales for 

each of calendar years 1990 through 2006 for each of 

the 5 types of lamps described in subparagraph (A) to 

determine the historical growth rate of the type of 

lamp; and 

(ii) construct a model for each type of lamp based on 

coincident economic indicators that closely match the 

historical annual growth rate of the type of lamp to 

provide a neutral comparison benchmark to model future unit sales after calendar year 2006. 

(C) ACTUAL SALES DATA.— 

(i) IN GENERAL.—Effective for each of calendar years 

2010 through 2025, the Secretary, in consultation with 

the National Electrical Manufacturers Association, 

shall— 

(I) collect actual United States unit sales data 

for each of 5 types of lamps described in subparagraph (A); and 

(II) not later than 90 days after the end of each 

calendar year, compare the lamp sales in that 

year with the sales predicted by the comparison 

benchmark for each of the 5 types of lamps described in subparagraph (A). 

(ii) CONTINUATION OF TRACKING.— 

(I) DETERMINATION.—Not later than January 1, 

2023, the Secretary shall determine if actual sales 

data should be tracked for the lamp types described in subparagraph (A) after calendar year 

2025. 

(II) CONTINUATION.—If the Secretary finds that 

the market share of a lamp type described in subparagraph (A) could significantly erode the market 

share for general service lamps, the Secretary 


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shall continue to track the actual sales data for 

the lamp type. 

(D) ROUGH SERVICE LAMPS.— (i) IN GENERAL.—Effective beginning with the first 

year that the reported annual sales rate for rough 

service lamps demonstrates actual unit sales of rough 

service lamps that achieve levels that are at least 100 

percent higher than modeled unit sales for that same 

year, the Secretary shall— 

(I) not later than 90 days after the end of the 

previous calendar year, issue a finding that the 

index has been exceeded; and 

(II) not later than the date that is 1 year after 

the end of the previous calendar year, complete an 

accelerated rulemaking to establish an energy 

conservation standard for rough service lamps. 

(ii) BACKSTOP REQUIREMENT.—If the Secretary fails 

to complete an accelerated rulemaking in accordance 

with clause (i)(II), effective beginning 1 year after the 

date of the issuance of the finding under clause (i)(I), 

the Secretary shall require rough service lamps to— 

(I) have a shatter-proof coating or equivalent 

technology that is compliant with NSF/ANSI 51 

and is designed to contain the glass if the glass 

envelope of the lamp is broken and to provide effective containment over the life of the lamp; 

(II) have a maximum 40-watt limitation; and 

(III) be sold at retail only in a package containing 1 lamp. 

(E) VIBRATION SERVICE LAMPS.— 

(i) IN GENERAL.—Effective beginning with the first 

year that the reported annual sales rate for vibration 

service lamps demonstrates actual unit sales of vibration service lamps that achieve levels that are at least 

100 percent higher than modeled unit sales for that 

same year, the Secretary shall— 

(I) not later than 90 days after the end of the 

previous calendar year, issue a finding that the 

index has been exceeded; and 

(II) not later than the date that is 1 year after 

the end of the previous calendar year, complete an 

accelerated rulemaking to establish an energy 

conservation standard for vibration service lamps. 

(ii) BACKSTOP REQUIREMENT.—If the Secretary fails 

to complete an accelerated rulemaking in accordance 

with clause (i)(II), effective beginning 1 year after the 

date of the issuance of the finding under clause (i)(I), 

the Secretary shall require vibration service lamps 

to— 

(I) have a maximum 40-watt limitation; and 

(II) be sold at retail only in a package containing 1 lamp. 

(F) 3-WAY INCANDESCENT LAMPS.— 

(i) IN GENERAL.—Effective beginning with the first 

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candescent lamps demonstrates actual unit sales of 3- 

way incandescent lamps that achieve levels that are at 

least 100 percent higher than modeled unit sales for 

that same year, the Secretary shall— 

(I) not later than 90 days after the end of the 

previous calendar year, issue a finding that the 

index has been exceeded; and 

(II) not later than the date that is 1 year after 

the end of the previous calendar year, complete an 

accelerated rulemaking to establish an energy 

conservation standard for 3-way incandescent 

lamps. 

(ii) BACKSTOP REQUIREMENT.—If the Secretary fails 

to complete an accelerated rulemaking in accordance 

with clause (i)(II), effective beginning 1 year after the 

date of issuance of the finding under clause (i)(I), the 

Secretary shall require that— 

(I) each filament in a 3-way incandescent lamp 

meet the new maximum wattage requirements for 

the respective lumen range established under subsection (i)(1)(A); and 

(II) 3-way lamps be sold at retail only in a package containing 1 lamp. 

(G) 2,601–3,300 LUMEN GENERAL SERVICE INCANDESCENT

LAMPS.—Effective beginning with the first year that the reported annual sales rate demonstrates actual unit sales of 

2,601–3,300 lumen general service incandescent lamps in 

the lumen range of 2,601 through 3,300 lumens (or, in the 

case of a modified spectrum, in the lumen range of 1,951 

through 2,475 lumens) that achieve levels that are at least 

100 percent higher than modeled unit sales for that same 

year, the Secretary shall impose— 

(i) a maximum 95-watt limitation on general service 

incandescent lamps in the lumen range of 2,601 

through 3,300 lumens; and 

(ii) a requirement that those lamps be sold at retail 

only in a package containing 1 lamp. 

(H) SHATTER-RESISTANT LAMPS.— 

(i) IN GENERAL.—Effective beginning with the first 

year that the reported annual sales rate for shatter-resistant lamps demonstrates actual unit sales of shatter-resistant lamps that achieve levels that are at 

least 100 percent higher than modeled unit sales for 

that same year, the Secretary shall— 

(I) not later than 90 days after the end of the 

previous calendar year, issue a finding that the 

index has been exceeded; and 

(II) not later than the date that is 1 year after 

the end of the previous calendar year, complete an 

accelerated rulemaking to establish an energy 

conservation standard for shatter-resistant lamps. 

(ii) BACKSTOP REQUIREMENT.—If the Secretary fails 

to complete an accelerated rulemaking in accordance 

with clause (i)(II), effective beginning 1 year after the 


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date of issuance of the finding under clause (i)(I), the 

Secretary shall impose— 

(I) a maximum wattage limitation of 40 watts 

on shatter resistant lamps; and 

(II) a requirement that those lamps be sold at 

retail only in a package containing 1 lamp. 

(I) RULEMAKINGS BEFORE JANUARY 1, 2025.— (i) IN GENERAL.—Except as provided in clause (ii), if 

the Secretary issues a final rule prior to January 1, 

2025, establishing an energy conservation standard for 

any of the 5 types of lamps for which data collection 

is required under any of subparagraphs (D) through 

(G), the requirement to collect and model data for that 

type of lamp shall terminate unless, as part of the 

rulemaking, the Secretary determines that continued 

tracking is necessary. 

(ii) BACKSTOP REQUIREMENT.—If the Secretary imposes a backstop requirement as a result of a failure 

to complete an accelerated rulemaking in accordance 

with clause (i)(II) of any of subparagraphs (D) through 

(G), the requirement to collect and model data for the 

applicable type of lamp shall continue for an additional 2 years after the effective date of the backstop 

requirement. 

(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— 


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(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. 

(n) PETITION FOR AN AMENDED STANDARD.—(1) With respect to 

each covered product described in paragraphs (1) through (11), and 

in paragraphs (13) and (14) of section 322(a), any person may petition the Secretary to conduct a rulemaking to determine for a covered product if the standards contained either in the last final rule 

required under subsections (b) through (i) of this section or in a 

final rule published under this section should be amended. 

(2) The Secretary shall grant a petition if he finds that it contains evidence which, assuming no other evidence were considered, 

provides an adequate basis for amending the standards under the 

following criteria— 

(A) amended standards will result in significant conservation 

of energy; 

(B) amended standards are technologically feasible; and 

(C) amended standards are cost effective as described in subsection (o)(2)(B)(i)(II). 

The grant of a petition by the Secretary under this subsection creates no presumption with respect to the Secretary’s determination 

of any of the criteria in a rulemaking under this section. 

(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. 

(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— 


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(A) a final rule that contains the new or amended standards; or 

(B) a determination that no new or amended standards 

are necessary. 

(5) An amendment prescribed under this subsection shall apply 

to products manufactured after a date which is 5 years after— 

(A) the effective date of the previous amendment pursuant to 

this part; or 

(B) if the previous final rule published under this part did 

not amend the standard, the earliest date by which a previous 

amendment could have been in effect, except that in no case 

may an amended standard apply to products manufactured 

within 3 years (for refrigerators, refrigerator-freezers, and 

freezers, room air conditioners, dishwashers, clothes washers, 

clothes dryers, fluorescent lamp ballasts, general service fluorescent lamps, incandescent reflector lamps, and kitchen 

ranges and ovens) or 5 years (for central air conditioners and 

heat pumps, water heaters, pool heaters, direct heating equipment and furnaces) after publication of the final rule establishing a standard. 

(o) CRITERIA FOR PRESCRIBING NEW OR AMENDED STANDARDS.— 

(1) The Secretary may not prescribe any amended standard which 

increases the maximum allowable energy use, or, in the case of 

showerheads, faucets, water closets, or urinals, water use, or decreases the minimum required energy efficiency, of a covered product. 

(2)(A) Any new or amended energy conservation standard prescribed by the Secretary under this section for any type (or class) 

of covered product shall be designed to achieve the maximum improvement in energy efficiency, or, in the case of showerheads, faucets, water closets, or urinals, water efficiency, which the Secretary 

determines is technologically feasible and economically justified. 

(B)(i) In determining whether a standard is economically justified, the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether 

the benefits of the standard exceed its burdens by, to the greatest 

extent practicable, considering— 

(I) the economic impact of the standard on the manufacturers and on the consumers of the products subject to such 

standard; 

(II) the savings in operating costs throughout the estimated 

average life of the covered 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 covered products which 

are likely to result from the imposition of the standard; 

(III) the total projected amount of energy, or as applicable, 

water, savings likely to result directly from the imposition of 

the standard; 

(IV) any lessening of the utility or the performance of the 

covered products likely to result from the imposition of the 

standard; 

(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; 


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(VI) the need for national energy and water conservation; 

and 

(VII) other factors the Secretary considers relevant. 

(ii) For purposes of clause (i)(V), the Attorney General shall make 

a determination of the impact, if any, of any lessening of competition likely to result from such standard and shall transmit such determination, not later than 60 days after the publication of a proposed rule prescribing or amending an energy conservation standard, in writing to the Secretary, together with an analysis of the 

nature and extent of such impact. Any such determination and 

analysis shall be published by the Secretary in the Federal Register. 

(iii) If the Secretary finds that the additional cost to the consumer of purchasing a product complying with an energy conservation standard level will be less than three times the value of the 

energy, and as applicable, water, savings during the first year that 

the consumer will receive as a result of the standard, as calculated 

under the applicable test procedure, there shall be a rebuttable 

presumption that such standard level is economically justified. A 

determination by the Secretary that such criterion is not met shall 

not be taken into consideration in the Secretary’s determination of 

whether a standard is economically justified. 

(3) The Secretary may not prescribe an amended or new standard under this section for a type (or class) of covered product if— 

(A) for products other than dishwashers, clothes washers, 

clothes dryers, and kitchen ranges and ovens, a test procedure 

has not been prescribed pursuant to section 323 with respect 

to that type (or class) of product; or 

(B) the Secretary determines, by rule, that the establishment 

of such standard will not result in significant conservation of 

energy or, in the case of showerheads, faucets, water closets, 

or urinals, water, or that the establishment of such standard 

is not technologically feasible or economically justified. 

For purposes of section 327, a determination under subparagraph 

(B) with respect to any type (or class) of covered products shall 

have the same effect as would a standard prescribed for such type 

(or class). 

(4) The Secretary may not prescribe an amended or new standard under this section if the Secretary finds (and publishes such 

finding) that interested persons have established by a preponderance of the evidence that the standard is likely to result in the unavailability in the United States in any covered 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 Secretary’s finding. The failure of some types (or classes) to 

meet this criterion shall not affect the Secretary’s determination of 

whether to prescribe a standard for other types (or classes). 

(5) The Secretary may set more than 1 energy conservation 

standard for products that serve more than 1 major function by setting 1 energy conservation standard for each major function. 

(6) REGIONAL STANDARDS FOR FURNACES, CENTRAL AIR CONDI- TIONERS, AND HEAT PUMPS.— 

(A) IN GENERAL.—In any rulemaking to establish a new 

or amended standard, the Secretary may consider the esVerDate Sep 11 2014 00:41 Jun 11, 2015 Jkt 049006 PO 00000 Frm 00036 Fmt 6659 Sfmt 9001 E:\HR\OC\HR142.XXX HR142

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tablishment 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 


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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.— 


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(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. 


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(p) PROCEDURE FOR PRESCRIBING NEW OR AMENDED STAND- ARDS.—Any new or amended energy conservation standard shall be 

prescribed in accordance with the following procedure: 

(1) A proposed rule which prescribes an amended or new energy conservation standard or prescribes no amendment or no 

new standard for a type (or class) of covered products shall be 

published in the Federal Register. In prescribing any such proposed rule with respect to a standard, the Secretary shall determine the maximum improvement in energy efficiency or 

maximum reduction in energy use that is technologically feasible for each type (or class) of covered products. If such standard is not designed to achieve such efficiency or use, the Secretary shall state in the proposed rule the reasons therefor. 

(2) After the publication of such proposed rulemaking, the 

Secretary shall, in accordance with section 336, afford interested persons an opportunity, during a period of not less than 

60 days, to present oral and written comments (including an 

opportunity to question those who make such presentations, as 

provided in such section) on matters relating to such proposed 

rule, including— 

(A) whether the standard to be prescribed is economically justified (taking into account those factors which the 

Secretary must consider under subsection (o)(2)) or will result in the effects described in subsection (o)(4); 

(B) whether the standard will achieve the maximum improvement in energy efficiency which is technologically feasible; 

(C) if the standard will not achieve such improvement, 

whether the reasons for not achieving such improvement 

are adequate; and 

(D) whether such rule should prescribe a level of energy 

use or efficiency which is higher or lower than that which 

would otherwise apply in the case of any group of products 

within the type (or class) that will be subject to such 

standard. 

(3) A final rule prescribing an amended or new energy conservation standard or prescribing no amended or new standard 

for a type (or class) of covered products shall be published as 

soon as is practicable, but not less than 90 days, after publication of the proposed rule in the Federal Register. 

(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 enVerDate Sep 11 2014 00:41 Jun 11, 2015 Jkt 049006 PO 00000 Frm 00040 Fmt 6659 Sfmt 9001 E:\HR\OC\HR142.XXX HR142

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ergy 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. 

(q) SPECIAL RULE FOR CERTAIN TYPES OR CLASSES OF PRODUCTS.—(1) A rule prescribing an energy conservation standard for 

a type (or class) of covered products shall specify a level of energy 

use or efficiency higher or lower than that which applies (or would 

apply) for such type (or class) for any group of covered products 

which have the same function or intended use, if the Secretary determines that covered products within such group— 

(A) consume a different kind of energy from that consumed 

by other covered products within such type (or class); or 

(B) have a capacity or other performance-related feature 

which other products within such type (or class) do not have 


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and such feature justifies a higher or lower standard from that 

which applies (or will apply) to other products within such type 

(or class). 

In making a determination under this paragraph concerning 

whether a performance-related feature justifies the establishment 

of a higher or lower standard, the Secretary shall consider such 

factors as the utility to the consumer of such a feature, and such 

other factors as the Secretary deems appropriate. 

(2) Any rule prescribing a higher or lower level of energy use or 

efficiency under paragraph (1) shall include an explanation of the 

basis on which such higher or lower level was established. 

(r) INCLUSION IN STANDARDS OF TEST PROCEDURES AND OTHER

REQUIREMENTS.—Any new or amended energy conservation standard prescribed under this section shall include, where applicable, 

test procedures prescribed in accordance with section 323 and may 

include any requirement which the Secretary determines is necessary to assure that each covered product to which such standard 

applies meets the required minimum level of energy efficiency or 

maximum quantity of energy use specified in such standard. 

(s) DETERMINATION OF COMPLIANCE WITH STANDARDS.—Compliance with, and performance under, the energy conservation standards (except for design standards authorized by this part) established in, or prescribed under, this section shall be determined 

using the test procedures and corresponding compliance criteria 

prescribed under section 323. 

(t) SMALL MANUFACTURER EXEMPTION.—(1) Subject to paragraph 

(2), the Secretary may, on application of any manufacturer, exempt 

such manufacturer from all or part of the requirements of any energy conservation standard established in or prescribed under this 

section for any period not longer than the 24-month period beginning on the date such rule becomes effective, if the Secretary finds 

that the annual gross revenues of such manufacturer from all its 

operations (including the manufacture and sale of covered products) does not exceed $8,000,000 for the 12-month period preceding 

the date of the application. In making such finding with respect to 

any manufacturer, the Secretary shall take into account the annual 

gross revenues of any other person who controls, is controlled by, 

or is under common control with, such manufacturer. 

(2) The Secretary may not exercise the authority granted under 

paragraph (1) with respect to any type (or class) of covered product 

subject to an energy conservation standard under this section unless the Secretary makes a finding, after obtaining the written 

views of the Attorney General, that a failure to allow an exemption 

under paragraph (1) would likely result in a lessening of competition. 

(u) BATTERY CHARGER AND EXTERNAL POWER SUPPLY ELECTRIC

ENERGY CONSUMPTION.—(1)(A) Not later than 18 months after the 

date of enactment of this subsection, the Secretary shall, after providing notice and an opportunity for comment, prescribe, by rule, 

definitions and test procedures for the power use of battery chargers and external power supplies. 

(B) In establishing the test procedures under subparagraph (A), 

the Secretary shall— 


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(i) consider existing definitions and test procedures used for 

measuring energy consumption in standby mode and other 

modes; and 

(ii) assess the current and projected future market for battery chargers and external power supplies. 

(C) The assessment under subparagraph (B)(ii) shall include— 

(i) estimates of the significance of potential energy savings 

from technical improvements to battery chargers and external 

power supplies; and 

(ii) suggested product classes for energy conservation standards. 

(D) Not later than 18 months after the date of enactment of this 

subsection, the Secretary shall hold a scoping workshop to discuss 

and receive comments on plans for developing energy conservation 

standards for energy use for battery chargers and external power 

supplies. 

(E) EXTERNAL POWER SUPPLIES AND BATTERY CHARGERS.— 

(i) ENERGY CONSERVATION STANDARDS.— 

(I) EXTERNAL POWER SUPPLIES.—Not later than 

2 years after the date of enactment of this subsection, the Secretary shall issue a final rule that 

determines whether energy conservation standards shall be issued for external power supplies or 

classes of external power supplies. 

(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. 

(ii) For each product class, any energy conservation standards 

issued under clause (i) shall be set at the lowest level of energy use 

that— 

(I) meets the criteria and procedures of subsections (o), (p), 

(q), (r), (s), and (t); and 

(II) would result in significant overall annual energy savings, 

considering standby mode and other operating modes. 

(2) The Secretary and the Administrator shall collaborate and develop programs (including programs under section 324A and other 

voluntary industry agreements or codes of conduct) that are designed to reduce standby mode energy use. 

(3) EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER

SUPPLIES.— 

(A) IN GENERAL.—Subject to subparagraphs (B) through 

(E), 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: 


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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 

No-Load Mode ...................................................................

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. 


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(E) NONAPPLICATION OF NO-LOAD MODE ENERGY EFFICIENCY STANDARDS TO EXTERNAL POWER SUPPLIES FOR CERTAIN SECURITY OR LIFE SAFETY ALARMS OR SURVEILLANCE

SYSTEMS.— 

(i) DEFINITION OF SECURITY OR LIFE SAFETY ALARM

OR SURVEILLANCE SYSTEM.—In this subparagraph: 

(I) IN GENERAL.—The term ‘‘security or life safety alarm or surveillance system’’ means equipment designed and marketed to perform any of 

the following functions (on a continuous basis): 

(aa) Monitor, detect, record, or provide notification of intrusion or access to real property 

or physical assets or notification of threats to 

life safety. 

(bb) Deter or control access to real property 

or physical assets, or prevent the unauthorized removal of physical assets. 

(cc) Monitor, detect, record, or provide notification of fire, gas, smoke, flooding, or other 

physical threats to real property, physical assets, or life safety. 

(II) EXCLUSION.—The term ‘‘security or life safety alarm or surveillance system’’ does not include 

any product with a principal function other than 

life safety, security, or surveillance that— 

(aa) is designed and marketed with a builtin alarm or theft-deterrent feature; or 

(bb) does not operate necessarily and continuously in active mode. 

(ii) NONAPPLICATION OF NO-LOAD MODE REQUIREMENTS.—The No-Load Mode energy efficiency standards established by this paragraph shall not apply to 

an external power supply manufactured before July 1, 

2017, that— 

(I) is an AC-to-AC external power supply; 

(II) has a nameplate output of 20 watts or more; 

(III) is certified to the Secretary as being designed to be connected to a security or life safety 

alarm or surveillance system component; and 

(IV) on establishment within 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’’, published by 

the Environmental Protection Agency, of a distinguishing mark for products described in this 

clause, is permanently marked with the distinguishing mark. 

(iii) ADMINISTRATION.—In carrying out this subparagraph, the Secretary shall— 

(I) require, with appropriate safeguard for the 

protection of confidential business information, 

the submission of unit shipment data on an annual basis; and 


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(II) restrict the eligibility of external power supplies for the exemption provided under this subparagraph on a finding that a substantial number 

of the external power supplies are being marketed 

to or installed in applications other than security 

or life safety alarm or surveillance systems. 

(4) 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 supply is connected. 

(5) EXEMPT SUPPLIES.— (A) FEBRUARY 10, 2014, RULE.— 

(i) IN GENERAL.—An external power supply shall not 

be subject to the final rule entitled ‘‘Energy Conservation Program: Energy Conservation Standards for External Power Supplies’’, published at 79 Fed. Reg. 

7845 (February 10, 2014), if the external power supply— 

(I) is manufactured during the period beginning 

on February 10, 2016, and ending on February 10, 

2020; 

(II) is marked in accordance with the External 

Power Supply International Efficiency Marking 

Protocol, as in effect on February 10, 2016; 

(III) meets, where applicable, the standards 

under paragraph (3)(A), and has been certified to 

the Secretary as meeting International Efficiency 

Level IV or higher of the External Power Supply 

International Efficiency Marking Protocol, as in 

effect on February 10, 2016; and 

(IV) is made available by the manufacturer as a 

service part or a spare part for an end-use product 

that— 

(aa) constitutes the primary load; and 

(bb) was manufactured before February 10, 

2016. 

(ii) REPORTING.—The Secretary may require manufacturers of products exempted pursuant to clause (i) 

to report annual total units shipped as service and 

spare parts that fall below International Efficiency 

Level VI. 

(iii) LIMITATION OF EXEMPTION.—The Secretary may 

issue a rule, after providing public notice and opportunity for public comment, to limit the applicability of 

the exemption established under clause (i) if the Secretary determines that the exemption is resulting in a 

significant reduction of the energy savings that would 

otherwise result from the final rule described in such 

clause. 

(B) AMENDED STANDARDS.— (i) IN GENERAL.—The Secretary may exempt an external power supply from any amended standard 

under this subsection if the external power supply— 

(I) is manufactured within four years of the 

compliance date of the amended standard; 


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(II) complies with applicable marking requirements adopted by the Secretary prior to the 

amendment; 

(III) meets the standards that were in effect 

prior to the amendment; and 

(IV) is made available by the manufacturer as a 

service part or a spare part for an end-use product 

that— 

(aa) constitutes the primary load; and 

(bb) was manufactured before the compliance date of the amended standard. 

(ii) REPORTING.—The Secretary may require manufacturers of a product exempted pursuant to clause (i) 

to report annual total units shipped as service and 

spare parts that do not meet the amended standard. 

(v) REFRIGERATED BEVERAGE VENDING MACHINES.—(1) Not later 

than 4 years after the date of enactment of this subsection, the Secretary shall prescribe, by rule, energy conservation standards for 

refrigerated bottle or canned beverage vending machines. 

(2) In establishing energy conservation standards under this subsection, the Secretary shall use the criteria and procedures prescribed under subsections (o) and (p). 

(3) Any energy conservation standard prescribed under this subsection shall apply to products manufactured 3 years after the date 

of publication of a final rule establishing the energy conservation 

standard. 

(w) ILLUMINATED EXIT SIGNS.—An illuminated exit sign manufactured on or after January 1, 2006, shall meet the version 2.0 Energy Star Program performance requirements for illuminated exit 

signs prescribed by the Environmental Protection Agency. 

(x) TORCHIERES.—A torchiere manufactured on or after January 

1, 2006— 

(1) shall consume not more than 190 watts of power; and 

(2) shall not be capable of operating with lamps that total 

more than 190 watts. 

(y) LOW VOLTAGE DRY-TYPE DISTRIBUTION TRANSFORMERS.—The 

efficiency of a low voltage dry-type distribution transformer manufactured on or after January 1, 2007, shall be the Class I Efficiency 

Levels for distribution transformers specified in table 4–2 of the 

‘‘Guide for Determining Energy Efficiency for Distribution Transformers’’ published by the National Electrical Manufacturers Association (NEMA TP–1–2002). 

(z) TRAFFIC SIGNAL MODULES AND PEDESTRIAN MODULES.—Any 

traffic signal module or pedestrian module manufactured on or 

after January 1, 2006, shall— 

(1) meet the performance requirements used under the Energy Star program of the Environmental Protection Agency for 

traffic signals, as in effect on the date of enactment of this subsection; and 

(2) be installed with compatible, electrically connected signal 

control interface devices and conflict monitoring systems. 

(aa) UNIT HEATERS.—A unit heater manufactured on or after the 

date that is 3 years after the date of enactment of this subsection 

shall— 

(1) be equipped with an intermittent ignition device; and 


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(2) have power venting or an automatic flue damper. 

(bb) MEDIUM BASE COMPACT FLUORESCENT LAMPS.—(1) A bare 

lamp and covered lamp (no reflector) medium base compact fluorescent lamp manufactured on or after January 1, 2006, shall meet 

the following requirements prescribed by the August 9, 2001, 

version of the Energy Star Program Requirements for Compact 

Fluorescent Lamps, Energy Star Eligibility Criteria, Energy-Efficiency Specification issued by the Environmental Protection Agency 

and Department of Energy: 

(A) Minimum initial efficacy. 

(B) Lumen maintenance at 1000 hours. 

(C) Lumen maintenance at 40 percent of rated life. 

(D) Rapid cycle stress test. 

(E) Lamp life. 

(2) The Secretary may, by rule, establish requirements for color 

quality (CRI), power factor, operating frequency, and maximum allowable start time based on the requirements prescribed by the August 9, 2001, version of the Energy Star Program Requirements for 

Compact Fluorescent Lamps. 

(3) The Secretary may, by rule— 

(A) revise the requirements established under paragraph (2); 

or 

(B) establish other requirements, after considering energy 

savings, cost effectiveness, and consumer satisfaction. 

(cc) DEHUMIDIFIERS.—(1) Dehumidifiers manufactured on or after 

October 1, 2007, shall have an Energy Factor that meets or exceeds 

the following values: 

Product Capacity (pints/day): Minimum Energy Factor (Liters/kWh) 

25.00 or less ...................................................................................... 1.00

25.01 – 35.00 ..................................................................................... 1.20

35.01 – 54.00 ..................................................................................... 1.30

54.01 – 74.99 ..................................................................................... 1.50

75.00 or more .................................................................................... 2.25. 

(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. 

(dd) COMMERCIAL PRERINSE SPRAY VALVES.—Commercial 

prerinse spray valves manufactured on or after January 1, 2006, 

shall have a flow rate of not more than 1.6 gallons per minute. 

(ee) MERCURY VAPOR LAMP BALLASTS.—Mercury vapor lamp ballasts (other than specialty application mercury vapor lamp ballasts) 

shall not be manufactured or imported after January 1, 2008. 


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(ff) CEILING FANS AND CEILING FAN LIGHT KITS.—(1)(A) All ceiling fans manufactured on or after January 1, 2007, shall have the 

following features: 

(i) Fan speed controls separate from any lighting controls. 

(ii) Adjustable speed controls (either more than 1 speed or 

variable speed). 

(iii) The capability of reversible fan action, except for— 

(I) fans sold for industrial applications; 

(II) fans sold for outdoor applications; and 

(III) cases in which safety standards would be violated 

by the use of the reversible mode. 

(B) The Secretary may define the exceptions described in clause 

(iv) in greater detail, but shall not substantively expand the exceptions. 

(2)(A) Ceiling fan light kits with medium screw base sockets 

manufactured on or after January 1, 2007, shall be packaged with 

screw-based lamps to fill all screw base sockets. 

(B) The screw-based lamps required under subparagraph (A) 

shall— 

(i) meet the Energy Star Program Requirements for Compact 

Fluorescent Lamps, version 3.0, issued by the Department of 

Energy; or 

(ii) use light sources other than compact fluorescent lamps 

that have lumens per watt performance at least equivalent to 

comparably configured compact fluorescent lamps meeting the 

Energy Star Program Requirements described in clause (i). 

(3) Ceiling fan light kits with pin-based sockets for fluorescent 

lamps manufactured on or after January 1, 2007 shall— 

(A) meet the Energy Star Program Requirements for Residential Light Fixtures version 4.0 issued by the Environmental 

Protection Agency; and 

(B) be packaged with lamps to fill all sockets. 

(4)(A) By January 1, 2007, the Secretary shall consider and issue 

requirements for any ceiling fan lighting kits other than those covered in paragraphs (2) and (3), including candelabra screw base 

sockets. 

(B) The requirements issued under subparagraph (A) shall be effective for products manufactured 2 years after the date of the final 

rule. 

(C) If the Secretary fails to issue a final rule by the date specified 

in subparagraph (A), any type of ceiling fan lighting kit described 

in subparagraph (A) that is manufactured after January 1, 2009— 

(i) shall not be capable of operating with lamps that total 

more than 190 watts; and 

(ii) shall be packaged with lamps to fill all sockets. 

(5)(A) After January 1, 2010, the Secretary may consider, and 

issue, if the requirements of subsections (o) and (p) are met, 

amended energy efficiency standards for ceiling fan light kits. 

(B) Any amended standards issued under subparagraph (A) shall 

apply to products manufactured not earlier than 2 years after the 

date of publication of the final rule establishing the amended 

standard. 

(6)(A) Notwithstanding any other provision of this Act, the Secretary may consider, and issue, if the requirements of subsections 


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(o) and (p) are met, energy efficiency or energy use standards for 

electricity used by ceiling fans to circulate air in a room. 

(B) In issuing the standards under subparagraph (A), the Secretary shall consider— 

(i) exempting, or setting different standards for, certain product classes for which the primary standards are not technically 

feasible or economically justified; and 

(ii) establishing separate exempted product classes for highly 

decorative fans for which air movement performance is a secondary design feature. 

(7) Section 327 shall apply to the products covered in paragraphs 

(1) through (4) beginning on the date of enactment of this subsection, except that any State or local labeling requirement for ceiling fans prescribed or enacted before the date of enactment of this 

subsection shall not be preempted until the labeling requirements 

applicable to ceiling fans established under section 324 take effect. 

(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 


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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). 

(hh) METAL HALIDE LAMP FIXTURES.— 

(1) STANDARDS.— 

(A) IN GENERAL.—Subject to subparagraphs (B) and (C), 

metal halide lamp fixtures designed to be operated with 

lamps rated greater than or equal to 150 watts but less 

than or equal to 500 watts shall contain— 

(i) a pulse-start metal halide ballast with a minimum ballast efficiency of 88 percent; 

(ii) a magnetic probe-start ballast with a minimum 

ballast efficiency of 94 percent; or 

(iii) a nonpulse-start electronic ballast with— 


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(I) a minimum ballast efficiency of 92 percent 

for wattages greater than 250 watts; and 

(II) a minimum ballast efficiency of 90 percent 

for wattages less than or equal to 250 watts. 

(B) EXCLUSIONS.—The standards established under subparagraph (A) shall not apply to— 

(i) fixtures with regulated lag ballasts; 

(ii) fixtures that use electronic ballasts that operate 

at 480 volts; or 

(iii) fixtures that— 

(I) are rated only for 150 watt lamps; 

(II) are rated for use in wet locations, as specified by the National Electrical Code 2002, section 

410.4(A); and 

(III) contain a ballast that is rated to operate at 

ambient air temperatures above 50°C, as specified 

by UL 1029–2001. 

(C) APPLICATION.—The standards established under subparagraph (A) shall apply to metal halide lamp fixtures 

manufactured on or after the later of— 

(i) January 1, 2009; or 

(ii) the date that is 270 days after the date of enactment of this subsection. 

(2) FINAL RULE BY JANUARY 1, 2012.— (A) IN GENERAL.—Not later than January 1, 2012, the 

Secretary shall publish a final rule to determine whether 

the standards established under paragraph (1) should be 

amended. 

(B) ADMINISTRATION.—The final rule shall— 

(i) contain any amended standard; and 

(ii) apply to products manufactured on or after January 1, 2015. 

(3) FINAL RULE BY JANUARY 1, 2019.— (A) IN GENERAL.—Not later than January 1, 2019, the 

Secretary shall publish a final rule to determine whether 

the standards then in effect should be amended. 

(B) ADMINISTRATION.—The final rule shall— 

(i) contain any amended standards; and 

(ii) apply to products manufactured after January 1, 

2022. 

(4) DESIGN AND PERFORMANCE REQUIREMENTS.—Notwithstanding any other provision of law, any standard established 

pursuant to this subsection may contain both design and performance requirements. 

(ii) APPLICATION DATE.—Section 327 applies— 

(1) to products for which energy conservation standards are 

to be established under subsection (l), (u), or (v) beginning on 

the date on which a final rule is issued by the Secretary, except that any State or local standard prescribed or enacted for 

the product before the date on which the final rule is issued 

shall not be preempted until the energy conservation standard 

established under subsection (l), (u), or (v) for the product 

takes effect; and 

(2) to products for which energy conservation standards are 

established under subsections (w) through (hh) on the date of 


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enactment of those subsections, except that any State or local 

standard prescribed or enacted before the date of enactment of 

those subsections shall not be preempted until the energy conservation standards established under subsections (w) through 

(hh) take effect. 

* * * * * * * 

PROHIBITED ACTS

SEC. 332. (a) IN GENERAL.—It shall be unlawful— 

(1) for any manufacturer or private labeler to distribute 

in commerce any new covered product to which a rule 

under section 324 applies, unless such covered product is 

labeled in accordance with such rule; 

(2) for any manufacturer, distributor, retailer, or private 

labeler to remove from any new covered product or render 

illegible any label required to be provided with such product under a rule under section 324; 

(3) for any manufacturer to fail to permit access to, or 

copying of, records required to be supplied under this part, 

or fail to make reports or provide other information required to be supplied under this part; 

(4) for any person to fail to comply with an applicable requirement of section 326(a), (b)(2), (b)(3), or (b)(5); 

(5) for any manufacturer or private labeler to distribute 

in commerce any new covered product which is not in conformity with an applicable energy conservation standard 

established in or prescribed under this 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; øor¿ 

(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 productø.¿; 

ø(6)¿ (7) for any manufacturer, distributor, retailer, or 

private labeler to distribute in commerce an adapter 

that— 

(A) is designed to allow an incandescent lamp that 

does not have a medium screw base to be installed 

into a fixture or lampholder with a medium screw 

base socket; and 

(B) is capable of being operated at a voltage range 

at least partially within 110 and 130 voltsø.¿; or 

(8) for any person to— 

(A) activate an activation lock for a grid-enabled 

water heater with knowledge that such water heater is 

not used as part of an electric thermal storage or demand response program; 

(B) distribute an activation key for a grid-enabled 

water heater with knowledge that such activation key 

will be used to activate a grid-enabled water heater 

that is not used as part of an electric thermal storage 

or demand response program; 


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(C) otherwise enable a grid-enabled water heater to 

operate at its designed specification and capabilities 

with knowledge that such water heater is not used as 

part of an electric thermal storage or demand response 

program; or 

(D) knowingly remove or render illegible the label of 

a grid-enabled water heater described in section 

325(e)(6)(A)(ii)(V). 

(b) DEFINITION.—For purposes of this section, the term ‘‘new covered product’’ means a covered product the title of which has not 

passed to a purchaser who buys such product for purposes other 

than (1) reselling such product, or (2) leasing such product for a period in excess of one year. 

ENFORCEMENT

SEC. 333. (a) IN GENERAL.—Except as provided in subsection (c), 

any person who knowingly violates any provision of section 332 

shall be subject to a civil penalty of not more than $100 for each 

violation. Such penalties shall be assessed by the Commission, except that penalties for violations of section 332(a)(3) which relate 

to requirements prescribed by the Secretary, violations of section 

332(a)(4) which relate to requests of the Secretary under section 

326(b)(2), or violations of øsection 332(a)(5)¿ paragraph (5), (6), (7), 

or (8) of section 332(a) shall be assessed by the Secretary. Civil 

penalties assessed under this part may be compromised by the 

agency or officer authorized to assess the penalty, taking into account the nature and degree of the violation and the impact of the 

penalty upon a particular respondent. Each violation of øparagraph 

(1), (2), or (5) of section 332(a)¿ paragraph (1), (2), (5), (6), (7), or 

(8) of section 332(a) shall constitute a separate violation with respect to each covered product, and each day of violation of section 

332(a) (3) or (4) shall constitute a separate violation. 

(b) DEFINITION.—As used in subsection (a), the term ‘‘knowingly’’ 

means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who 

acts in the circumstances, including knowledge obtainable upon the 

exercise of due care. 

(c) SPECIAL RULE.—It shall be an unfair or deceptive act or practice in or affecting commerce (within the meaning of section 5(a)(1) 

of the Federal Trade Commission Act) for any person to violate section 323(c), except to the extent that such violation is prohibited 

under the provisions of section 332(a)(1), in which case such provisions shall apply. 

(d) PROCEDURE FOR ASSESSING PENALTY.—(1) Before issuing an 

order assessing a civil penalty against any person under this section, the Secretary shall provide to such person notice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within 30 days after the date of receipt 

of such notice to have the procedures of paragraph (3) (in lieu of 

those of paragraph (2)) apply with respect to such assessment. 

(2)(A) Unless an election is made within 30 calendar days after 

receipt of notice under paragraph (1) to have paragraph (3) apply 

with respect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on 

the record after an opportunity for an agency hearing pursuant to 


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section 554 of title 5, United States Code, before an administrative 

law judge appointed under section 3105 of such title 5. Such assessment order shall include the administrative law judge’s findings and the basis for such assessment. 

(B) Any person against whom a penalty is assessed under this 

paragraph may, within 60 calendar days after the date of the order 

of the Secretary assessing such penalty, institute an action in the 

United States court of appeals for the appropriate judicial circuit 

for judicial review of such order in accordance with chapter 7 of 

title 5, United States Code. The court shall have jurisdiction to 

enter a judgment affirming, modifying, or setting aside in whole or 

in part, the order of the Secretary, or the court may remand the 

proceeding to the Secretary for such further action as the court 

may direct. 

(3)(A) In the case of any civil penalty with respect to which the 

procedures of this paragraph have been elected, the Secretary shall 

promptly assess such penalty, by order, after the date of the receipt 

of the notice under paragraph (1) of the proposed penalty. 

(B) If the civil penalty has not been paid within 60 calendar days 

after the assessment order has been made under subparagraph (A), 

the Secretary shall institute an action in the appropriate district 

court of the United States for an order affirming the assessment 

of the civil penalty. The court shall have authority to review de 

novo the law and the facts involved, and shall have jurisdiction to 

enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assessment. 

(C) Any election to have this paragraph apply may not be revoked except with the consent of the Secretary. 

(4) If any person fails to pay an assessment of a civil penalty 

after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final 

judgment in favor of the Secretary under paragraph (3), the Secretary shall institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such 

action, the validity and appropriateness of such final assessment 

order or judgment shall not be subject to review. 

(5)(A) Notwithstanding the provisions of title 28, United States 

Code, or section 502(c) of the Department of Energy Organization 

Act, the Secretary shall be represented by the general counsel of 

the Department of Energy (or any attorney or attorneys within the 

Department of Energy designated by the Secretary) who shall supervise, conduct, and argue any civil litigation to which paragraph 

(3) of this subsection applies (including any related collection action 

under paragraph (4)) in a court of the United States or in any other 

court, except the Supreme Court. However, the Secretary or the 

general counsel shall consult with the Attorney General concerning 

such litigation, and the Attorney General shall provide, on request, 

such assistance in the conduct of such litigation as may be appropriate. 

(B) Subject to the provisions of section 502(c) of the Department 

of Energy Organization Act, the Secretary shall be represented by 

the Attorney General, or the Solicitor General, as appropriate, in 

actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph. 


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(C) Section 402(d) of the Department of Energy Organization Act 

shall not apply with respect to the functions of the Secretary under 

this subsection. 

(6) For purposes of applying the preceding provisions of this subsection in the case of the assessment of a penalty by the Commission for a violation of paragraphs (1) and (2) of section 332, references in such provisions to ‘‘Secretary’’ and ‘‘Department of Energy’’ shall be considered to be references to the ‘‘Commission’’. 

INJUNCTIVE ENFORCEMENT

SEC. 334. The United States district courts shall have jurisdiction to restrain (1) any violation of section 332 and (2) any person 

from distributing in commerce any covered product which does not 

comply with an applicable rule under section 324 or 325. Any such 

action shall be brought by the Commission, except that any such 

action to restrain any violation of section 332(a)(3) which relates to 

requirements prescribed by the Secretary, any violation of section 

332(a)(4) which relates to requests of the Secretary under section 

326(b)(2), or any violation of øsection 332(a)(5)¿ paragraph (5), (6), 

(7), or (8) of section 332(a) shall be brought by the Secretary. Any 

such action to restrain any person from distributing in commerce 

a general service incandescent lamp that does not comply with the 

applicable standard established under section 325(i) or an adapter 

prohibited under øsection 332(a)(6)¿ section 332(a)(7) may also be 

brought by the attorney general of a State in the name of the 

State. Any such action may be brought in the United States district 

court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district 

wherein the defendant is found or transacts business. In any action 

under this section, process may be served on a defendant in any 

other district in which the defendant resides or may be found. 

* * * * * * * 

Æ 


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