PUBLIC LAW 109-58-AUG. 8, 2005

ENERGY POLICY ACT OF 2005

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119 STAT. 624 PUBLIC LAW 109-58-AUG. 8, 2005

(e) AUTHORIZATION OF APPROPRIATIONS.-There are authorized

to be appropriated to carry out this section $90,000,000 for each

of fiscal years 2006 through 2010.

SEC. 135. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL

PRODUCTS.

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

(1) in paragraph (29)-

(A) in subparagraph (D)-

(i) in clause (i), by striking "C78.1-1978(R1984)"

and inserting "C78.81-2003 (Data Sheet 7881-ANSI1010-1)";

(ii) in clause (ii), by striking "C78.1-1978(R1984)"

and inserting "C78.81-2003 (Data Sheet 7881-ANSI3007-1)"; and

(iii) in clause (iii), by striking "C78.1-1978(R1984)"

and inserting "C78.81-2003 (Data Sheet 7881-ANSI1019-i)"; and

(B) by adding at the end the following:

"(M) The term 'F34T12 lamp' (also known as a 'F40T12/

ES lamp') means a nominal 34 watt tubular fluorescent lamp

that is 48 inches in length and 11⁄2 inches in diameter, and

conforms to ANSI standard C78.81-2003 (Data Sheet 7881-

ANSI-1006-1).

"(N) The term 'F96T12/ES lamp' means a nominal 60 watt

tubular fluorescent lamp that is 96 inches in length and 11⁄2

inches in diameter, and conforms to ANSI standard C78.81-

2003 (Data Sheet 7881-ANSI-3006-1).

"(0) The term 'F96T12H0/ES lamp' means a nominal 95

watt tubular fluorescent lamp that is 96 inches in length and

11⁄2 inches in diameter, and conforms to ANSI standard C78.81-

2003 (Data Sheet 7881-ANSI-1017-1).

"(P) The term 'replacement ballast' means a ballast that-

"(i) is designed for use to replace an existing ballast

in a previously installed luminaire;

"(ii) is marked 'FOR REPLACEMENT USE ONLY';

"(iii) is shipped by the manufacturer in packages containing not more than 10 ballasts; and

"(iv) has output leads that when fully extended are

a total length that is less than the length of the lamp

with which the ballast is intended to be operated.";

(2) in paragraph (30)(S)-

(A) by inserting "(i)" before "The term"; and

(B) by adding at the end the following:

"(ii) The term 'medium base compact fluorescent lamp'

does not include-

"(I) any lamp that is-

"(aa) specifically designed to be used for special purpose applications; and

"(bb) unlikely to be used in general purpose

applications, such as the applications described

in subparagraph (D); or

"(II) any lamp not described in subparagraph (D)

that is excluded by the Secretary, by rule, because

the lamp is-

"(aa) designed for special applications; and

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PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 625

"(bb) unlikely to be used in general purpose

applications."; and

(3) by adding at the end the following:

"(32) The term 'battery charger' means a device that

charges batteries for consumer products, including battery chargers embedded in other consumer products.

"(33)(A) The term 'commercial prerinse spray valve' means

a handheld device designed and marketed for use with commercial dishwashing and ware washing equipment that sprays

water on dishes, flatware, and other food service items for

the purpose of removing food residue before cleaning the items.

"(B) The Secretary may modify the definition of 'commercial

prerinse spray valve' by rule-

"(i) to include products-

"(I) that are extensively used in conjunction with

commercial dishwashing and ware washing equipment;

"(II) the application of standards to which would

result in significant energy savings; and

"(III) the application of standards to which would

meet the criteria specified in section 325(o)(4); and

"(ii) to exclude products-

"(I) that are used for special food service applications;

"(II) that are unlikely to be widely used in conjunction with commercial dishwashing and ware washing

equipment; and

"(III) the application of standards to which would

not result in significant energy savings.

"(34) The term 'dehumidifier' means a self-contained, electrically operated, and mechanically encased assembly consisting

of-

"(A) a refrigerated surface (evaporator) that condenses

moisture from the atmosphere;

"(B) a refrigerating system, including an electric motor;

"(C) an air-circulating fan; and

"(D) means for collecting or disposing of the condensate.

"(35)(A) The term 'distribution transformer' means a transformer that-

"(1) has an input voltage of 34.5 kilovolts or less;

"(ii) has an output voltage of 600 volts or less; and

"(iii) is rated for operation at a frequency of 60 Hertz.

"(B) The term 'distribution transformer' does not includea transformer with multiple voltage taps, the

highest of which equals at least 20 percent more than

the lowest;

"(ii) a transformer that is designed to be used in a

special purpose application and is unlikely to be used in

general purpose applications, such as a drive transformer,

rectifier transformer, auto-transformer, Uninterruptible

Power System transformer, impedance transformer, regulating transformer, sealed and nonventilating transformer,

machine tool transformer, welding transformer, grounding

transformer, or testing transformer; or

"(iii) any transformer not listed in clause (ii) that is

excluded by the Secretary by rule because-

"(I) the transformer is designed for a special

application;

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119 STAT. 626 PUBLIC LAW 109-58--AUG. 8, 2005

"(II) the transformer is unlikely to be used in

general purpose applications; and

"(III) the application of standards to the transformer would not result in significant energy savings.

"(36) The term 'external power supply' means an external

power supply circuit that is used to convert household electric

current into DC current or lower-voltage AC current to operate

a consumer product.

"(37) The term 'illuminated exit sign' means a sign that-

"(A) is designed to be permanently fixed in place to

identify an exit; and

"(B) consists of an electrically powered integral light

source that-

"(i) illuminates the legend 'EXIT' and any directional indicators; and

"(ii) provides contrast between the legend, any

directional indicators, and the background.

"(38) The term 'low-voltage dry-type distribution transformer' means a distribution transformer that-

"(A) has an input voltage of 600 volts or less;

"(B) is air-cooled; and

"(C) does not use oil as a coolant.

"(39) The term 'pedestrian module' means a light signal

used to convey movement information to pedestrians.

"(40) The term 'refrigerated bottled or canned beverage

vending machine' means a commercial refrigerator that cools

bottled or canned beverages and dispenses the bottled or canned

beverages on payment.

"(41) The term 'standby mode' means the lowest power

consumption mode, as established on an individual product

basis by the Secretary, that-

"(A) cannot be switched off or influenced by the user;

and

"(B) may persist for an indefinite time when an appliance is-

"(i) connected to the main electricity supply; and

"(ii) used in accordance with the instructions of

the manufacturer.

"(42) The term 'torchiere' means a portable electric lamp

with a reflector bowl that directs light upward to give indirect

illumination.

"(43) The term 'traffic signal module' means a standard

8-inch (200mm) or 12-inch (300mm) traffic signal indication

that-

"(A) consists of a light source, a lens, and all other

parts necessary for operation; and

"(B) communicates movement messages to drivers

through red, amber, and green colors.

"(44) The term 'transformer' means a device consisting

of 2 or more coils of insulated wire that transfers alternating

current by electromagnetic induction from 1 coil to another

to change the original voltage or current value.

"(45)(A) The term 'unit heater' means a self-contained fantype heater designed to be installed within the heated space.

"(B) The term 'unit heater' does not include a warm air

furnace.

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PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 627

"(46)(A) The term 'high intensity discharge lamp' means

an electric-discharge lamp in which-

"(i) the light-producing arc is stabilized by bulb wall

temperature; and

"(ii) the arc tube has a bulb wall loading in excess

of 3 Watts/cm2.

"(B) The term 'high intensity discharge lamp' includes mercury vapor, metal halide, and high-pressure sodium lamps

described in subparagraph (A).

"(47)(A) The term 'mercury vapor lamp' means a high intensity discharge lamp in which the major portion of the light

is produced by radiation from mercury operating at a partial

pressure in excess of 100,000 Pa (approximately 1 atm).

"(B) The term 'mercury vapor lamp' includes clear, phosphor-coated, and seif-ballasted lamps described in subparagraph (A).

"(48) The term 'mercury vapor lamp ballast' means a device

that is designed and marketed to start and operate mercury

vapor lamps by providing the necessary voltage and current.

"(49) The term 'ceiling fan' means a nonportable device

that is suspended from a ceiling for circulating air via the

rotation of fan blades.

"(50) The term 'ceiling fan light kit' means equipment

designed to provide light from a ceiling fan that can be-

"(A) integral, such that the equipment is attached to

the ceiling fan prior to the time of retail sale; or

"(B) attachable, such that at the time of retail sale

the equipment is not physically attached to the ceiling

fan, but may be included inside the ceiling fan at the

time of sale or sold separately for subsequent attachment

to the fan.

"(51) The term 'medium screw base' means an Edison screw

base identified with the prefix E-26 in the 'American National

Standard for Electric Lamp Bases', ANSI/fEC C81.61-2003,

published by the American National Standards Institute.".

(b) TEST PROCEDUREs.-Section 323 of the Energy Policy and

Conservation Act (42 U.S.C. 6293) is amended-

(1) in subsection (b), by adding at the end the following:

"(9) Test procedures for illuminated exit signs shall be based

on the test method used under version 2.0 of the Energy Star

program of the Environmental Protection Agency for illuminated

exit signs.

"(10)(A) Test procedures for distribution transformers and low

voltage dry-type distribution transformers shall be based on the

'Standard Test Method for Measuring the Energy Consumption

of Distribution Transformers' prescribed by the National Electrical

Manufacturers Association (NEMA TP 2-1998).

"(B) The Secretary may review and revise the test procedures

established under subparagraph (A).

"(C) For purposes of section 346(a), the test procedures established under subparagraph (A) shall be considered to be the testing

requirements prescribed by the Secretary under section 346(a)(1)

for distribution transformers for which the Secretary makes a determination that energy conservation standards would-

"(i) be technologically feasible and economically justified;

and

"(ii) result in significant energy savings.

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119 STAT. 628 PUBLIC LAW 109-58-AUG. 8, 2005

"(11) Test procedures for traffic signal modules and pedestrian

modules shall be based on the test method used under the Energy

Star program of the Environmental Protection Agency for traffic

signal modules, as in effect on the date of enactment of this paragraph.

"(12)(A) Test procedures for medium base compact fluorescent

lamps shall be based on the test methods for compact fluorescent

lamps used under the August 9, 2001, version of the Energy Star

program of the Environmental Protection Agency and the Department of Energy.

"(B) Except as provided in subparagraph (C), medium base

compact fluorescent lamps shall meet all test requirements for

regulated parameters of section 325(cc).

"(C) Notwithstanding subparagraph (B), if manufacturers document engineering predictions and analysis that support expected

attainment of lumen maintenance at 40 percent rated life and

lamp lifetime, medium base compact fluorescent lamps may be

marketed before completion of the testing of lamp life and lumen

maintenance at 40 percent of rated life.

"(13) Test procedures for dehumidifiers shall be based on the

test criteria used under the Energy Star Program Requirements

for Dehumidifiers developed by the Environmental Protection

Agency, as in effect on the date of enactment of this paragraph

unless revised by the Secretary pursuant to this section.

"(14) The test procedure for measuring flow rate for commercial

prerinse spray valves shall be based on American Society for Testing

and Materials Standard F2324, entitled 'Standard Test Method

for Pre-Rinse Spray Valves'.

"(15) The test procedure for refrigerated bottled or canned

beverage vending machines shall be based on American National

Standards Institute/American Society of Heating, Refrigerating and

Air-Conditioning Engineers Standard 32.1-2004, entitled 'Methods

of Testing for Rating Vending Machines for Bottled, Canned or

Other Sealed Beverages'.

"(16)(A)(i) Test procedures for ceiling fans shall be based on

the 'Energy Star Testing Facility Guidance Manual: Building a

Testing Facility and Performing the Solid State Test Method for

ENERGY STAR Qualified Ceiling Fans, Version 1.1' published by

the Environmental Protection Agency.

"(ii) Test procedures for ceiling fan light kits shall be based

on the test procedures referenced in the Energy Star specifications

for Residential Light Fixtures and Compact Fluorescent Light

Bulbs, as in effect on the date of enactment of this paragraph.

"(B) The Secretary may review and revise the test procedures

established under subparagraph (A)."; and

(2) by adding at the end the following:

Deadline. "(1) ADDITIONAL CONSUMER AND COMMERCIAL PRODTJCTS.-(1)

Requirements. Not later than 2 years after the date of enactment of this subsection,

the Secretary shall prescribe testing requirements for refrigerated

bottled or canned beverage vending machines.

"(2) To the maximum extent practicable, the testing requirements prescribed under paragraph (1) shall be based on existing

test procedures used in industry.".

(c) STANDARD SETTING AUTHORITY.-Section 325 of the Energy

Policy and Conservation Act (42 U.S.C. 6295) is amended-

(1) in subsection (f)(3), by adding at the end the following:

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PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 629

"(D) Notwithstanding any other provision of this Act, if the

requirements of subsection (o) are met, the Secretary may consider

and prescribe energy conservation standards or energy use standards for electricity used for purposes of circulating air through

duct work.";

(2) in subsection (g)-

(A) in paragraph (6)(B), by inserting "and labeled"

after "designed"; and

(B) by adding at the end the following:

"(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

"(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 F96T12H0/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:

Total

"Application for operation of Ballast nominal Ballast

input lamp efficacy

voltage watts factor

One F34T12 lamp 120/277 34 2.61

Two F34T12 lamps 120/277 68 1.35

Two F96T12/ES lamps 120/277 120 0.77

Two F96T12H0/ES lamps 120/277 190 0.42.

"(B) The standards described in subparagraph (A) shall apply Applicability.

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

toa 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 F96T12H0

lamps at ambient temperatures of 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.";

(3) in subsection (o), by adding at the end the following:

"(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.";

and

(4) by adding at the end the following:

"(u) BArPERY CHARGER AND EXTERNAL POWER SUPPLY ELECTRIC Deadline.

ENERGY C0NsuMPTI0N.-(1)(A) Not later than 18 months after the Notice.

date of enactment of this subsection, the Secretary shall, after Regilations.

providing notice and an opportunity for comment, prescribe, by

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119 STAT. 630 PUBLIC LAW 109-58-AUG. 8, 2005

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-

"(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.

Deadline. "(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.

Deadline. "(E)(i) Not later than 3 years after the date of enactment

Regultions. of this subsection, the Secretary shall issue a final rule that determines whether energy conservation standards shall be issued for

battery chargers and external power supplies or classes of battery

chargers and external power supplies.

"(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) In determining under section 323 whether test procedures

and energy conservation standards under this section should be

revised with respect to covered products that are major sources

of standby mode energy consumption, the Secretary shall consider

whether to incorporate standby mode into the test procedures and

energy conservation standards, taking into account standby mode

power consumption compared to overall product energy consumption.

"(3) The Secretary shall not propose an energy conservation

standard under this section, unless the Secretary has issued

applicable test procedures for each product under section 323.

Applicability. "(4) Any energy conservation standard issued under this subEffective date. section shall be applicable to products manufactured or imported

beginning on the date that is 3 years after the date of issuance.

"(5) 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.

Deadline. "(v) CEILING FANs AND REFRIGERATED BEVERAGE VENDING

Regulations. MACrnNEs.-(1) Not later than 1 year after the date of enactment

of this subsection, the Secretary shall prescribe, by rule, test procedures and energy conservation standards for ceiling fans and ceiling

fan light kits. If the Secretary sets such standards, the Secretary

shall consider exempting or setting different standards for certain

product classes for which the primary standards are not technically

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PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 631

feasible or economically justified, and establishing separate or

exempted product classes for highly decorative fans for which air

movement performance is a secondary design feature.

"(2) Not later than 4 years after the date of enactment of Deadline.

this subsection, the Secretary shall prescribe, by rule, energy con- Regulations.

servation standards for refrigerated bottle or canned beverage

vending machines.

"(3) In establishing energy conservation standards under this

subsection, the Secretary shall use the criteria and procedures

prescribed under subsections (o) and (p).

"(4) Any energy conservation standard prescribed under this Applicability.

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-1-2 002).

"(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

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

"(bb) MEDIUM BASE COMPACT FLUORESCENT LA1VIpS.-(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.

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119 STAT. 632 PUBLIC LAW 109-58-AUG. 8, 2005

"(E) Lamp life.

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

color quality (CR1), 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.

Deadline. "(2)(A) Not later than October 1, 2009, the Secretary shall

Publication, publish a final rule in accordance with subsections (o) and (p),

Regulations, to determine whether the energy conservation standards established

under paragraph (1) should be amended.

"(B) The final rule published under subparagraph (A) shall-

"(i) contain any amendment by the Secretary; and

Applicability. "(ii) provide that the amendment applies to products manufactured on or after October 1, 2012.

"(C) If the Secretary does not publish an amendment that

takes effect by 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)

25.00 or less ...................................................................................... 1.20

25.01 - 35.00 ..................................................................................... 1.30

35.01 - 45.00 ..................................................................................... 1.40

45.01 - 54.00 ..................................................................................... 1.50

54.01 - 74.99 ..................................................................................... 1.60

75.00 or more .................................................................................... 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 LAIVIP BALLASTS.-MerCUry vapor lamp

ballasts shall not be manufactured or imported after January 1,

2008.

"(ff) CEILING FANs AND CEILING FAN LIGHT KTTS.-(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) Adjustable speed controls (either more than 1 speed

or variable speed).

"(iv) The capability of reversible fan action, except for-

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PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 633

"(I) fans sold for industrial applications;

"(II) 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-

"(1) 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 (B), 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 include the lamps described in clause (i) in the

ceiling fan lighting kits.

"(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 (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-

"(C) exempting, or setting different standards for, certain

product classes for which the primary standards are not technically feasible or economically justified; and

Deadline.

Requirements.

Applicability.

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119 STAT. 634 PUBLIC LAW 109-58-AUG. 8, 2005

"(D) establishing separate exempted product classes for

highly decorative fans for which air movement performance

is a secondary design feature.

Applicability. "(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 327 take

effect.

"(gg) APPLICATION DATE.-Section 327 applies-

"(1) to products for which energy conservation standards

are to be established under subsection (1), (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 (1), (u), or (v) for the

product takes effect; and

"(2) to products for which energy conservation standards

are established under subsections (w) through (if) on the date

of 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 (if) take effect.".

(d) GENERAL RULE OF PREEMPTION.-Section 327(c) of the

Energy Policy and Conservation Act (42 U.S.C. 6297(c)) is

amended-

(1) in paragraph (5), by striking "or" at the end;

(2) in paragraph (6), by striking the period at the end

and inserting "; or"; and

(3) by adding at the end the following:

"(7)(A) is a regulation concerning standards for commercial

prerinse spray valves adopted by the California Energy

Commission before January 1, 2005; or

"(B) is an amendment to a regulation described in subparagraph (A) that was developed to align California regulations

with changes in American Society for Testing and Materials

Standard F2324;

"(8)(A) is a regulation concerning standards for pedestrian

modules adopted by the California Energy Commission before

January 1, 2005; or

"(B) is an amendment to a regulation described in subparagraph (A) that was developed to align California regulations

to changes in the Institute for Transportation Engineers standards, entitled 'Performance Specification: Pedestrian Traffic

Control Signal Indications'.".

SEC. 136. ENERGY CONSERVATION STANDARDS FOR COMMERCIAL

EQUIPMENT.

(a) DEFINITIONs.-Section 340 of the Energy Policy and Conservation Act (42 U.S.C. 6311) is amended-

(1) in paragraph (1)-

(A) by redesignating subparagraphs (D) through (G)

as subparagraphs (H) through (K), respectively; and

(B) by inserting after subparagraph (C) the following:

 EE-RM/TP-05-500 COMMENT 18.7
PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 635

"(D) Very large commercial package air conditioning

and heating equipment.

"(E) Commercial refrigerators, freezers, and refrigerator-freezers.

"(F) Automatic commercial ice makers.

"(G) Commercial clothes washers.";

(2) in paragraph (2)(B), by striking "small and large

commercial package air conditioning and heating equipment"

and inserting "commercial package air conditioning and heating

equipment, commercial refrigerators, freezers, and refrigeratorfreezers, automatic commercial ice makers, commercial clothes

washers";

(3) by striking paragraphs (8) and (9) and inserting the

following:

"(8)(A) The term 'commercial package air conditioning and

heating equipment' means air-cooled, water-cooled, evaporatively-cooled, or water source (not including ground water

source) electrically operated, unitary central air conditioners

and central air conditioning heat pumps for commercial application.

"(B) The term 'small commercial package air conditioning

and heating equipment' means commercial package air conditioning and heating equipment that is rated below 135,000

Btu per hour (cooling capacity).

"(C) The term 'large commercial package air conditioning

and heating equipment' means commercial package air conditioning and heating equipment that is rated-

"(i) at or above 135,000 Btu per hour; and

"(ii) below 240,000 Btu per hour (cooling capacity).

"(D) The term 'very large commercial package air conditioning and heating equipment' means commercial package air

conditioning and heating equipment that is rated-

"(i) at or above 240,000 Btu per hour; and

"(ii) below 760,000 Btu per hour (cooling capacity).

"(9)(A) The term 'commercial refrigerator, freezer, and

refrigerator-freezer' means refrigeration equipment that-

"(i) is not a consumer product (as defined in section

321);

"(ii) is not designed and marketed exclusively for medical, scientific, or research purposes;

"(iii) operates at a chilled, frozen, combination chilled

and frozen, or variable temperature;

"(iv) displays or stores merchandise and other perishable materials horizontally, semivertically, or vertically;

"(v) has transparent or solid doors, sliding or hinged

doors, a combination of hinged, sliding, transparent, or

solid doors, or no doors;

"(vi) is designed for pull-down temperature applications

or holding temperature applications; and

"(vii) is connected to a self-contained condensing unit

or to a remote condensing unit.

"(B) The term 'holding temperature application' means a

use of commercial refrigeration equipment other than a pulldown temperature application, except a blast chiller or freezer.

"(C) The term 'integrated average temperature' means the

average temperature of all test package measurements taken

during the test.

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119 STAT. 636 PUBLIC LAW 109-58-AUG. 8, 2005

"(D) The term 'pull-down temperature application' means

a commercial refrigerator with doors that, when fully loaded

with 12 ounce beverage cans at 90 degrees F, can cool those

beverages to an average stable temperature of 38 degrees F

in 12 hours or less.

"(E) The term 'remote condensing unit' means a factorymade assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is remotely located

from the refrigerated equipment and consists of one or more

refrigerant compressors, refrigerant condensers, condenser fans

and motors, and factory supplied accessories.

"(F) The term 'self-contained condensing unit' means a

factory-made assembly of refrigerating components designed

to compress and liquefy a specific refrigerant that is an integral

part of the refrigerated equipment and consists of one or more

refrigerant compressors, refrigerant condensers, condenser fans

and motors, and factory supplied accessories."; and

(4) by adding at the end the following:

"(19) The term 'automatic commercial ice maker' means

a factory-made assembly (not necessarily shipped in one package) that-

"(A) consists of a condensing unit and ice-making section operating as an integrated unit, with means for making

and harvesting ice; and

"(B) may include means for storing ice, dispensing

ice, or storing and dispensing ice.

"(20) The term 'commercial clothes washer' means a softmount front-loading or soft-mount top-loading clothes washer

that-

"(A) has a clothes container compartment that-

"(i) for horizontal-axis clothes washers, is not more

than 3.5 cubic feet; and

"(ii) for vertical-axis clothes washers, is not more

than 4.0 cubic feet; and

"(B) is designed for use in-

"(1) applications in which the occupants of more

than one household will be using the clothes washer,

such as multi-family housing common areas and coin

laundries; or

"(ii) other commercial applications.

"(21) The term 'harvest rate' means the amount of ice

(at 32 degrees F) in pounds produced per 24 hours.".

(b) STANDARDS FOR COMMERCIAL PACKAGE AIR CONDITIONING

AND HEATING EQUIPMENT.-SeCtiOn 342(a) of the Energy Policy

and Conservation Act (42 U.S.C. 6313(a)) is amended-

(1) in the subsection heading, by striking "SMALL AND

LARGE" and inserting "SMALL, LARGE, AND VERY LARGE";

(2) in paragraph (1), by inserting "but before January 1,

2010," after "January 1, 1994,";

(3) in paragraph (2), by inserting "but before January 1,

2010," after "January 1, 1995,"; and

(4) in paragraph (6)-

(A) in subparagraph (A)-

(i) by inserting "(i)" after "(A)";

(ii) by striking "the date of enactment of the

Energy Policy Act of 1992" and inserting "January

1, 2010";

 EE-RM/TP-05-500 COMMENT 18.7
PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 637

(iii) by inserting after "large commercial package

air conditioning and heating equipment," the following:

"and very large commercial package air conditioning

and heating equipment, or if ASHRAE/IES Standard

90.1, as in effect on October 24, 1992, is amended

with respect to any"; and

(iv) by adding at the end the following:

"(ii) If ASHRAE/TES Standard 90.1 is not amended with respect

to small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, and very large commercial package air conditioning and

heating equipment during the 5-year period beginning on the effective date of a standard, the Secretary may initiate a rulemaking

to determine whether a more stringent standard-

"(I) would result in significant additional conservation of

energy; and

"(II) is technologically feasible and economically justified.";

and

(B) in subparagraph (C)(ii), by inserting "and very

large commercial package air conditioning and heating

equipment" after "large commercial package air conditioning and heating equipment"; and

(5) by adding at the end the following:

"(7) Small commercial package air conditioning and heating

equipment manufactured on or after January 1, 2010, shall meet

the following standards:

"(A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 65,000 Btu per hour (cooling

capacity) and less than 135,000 Btu per hour (cooling capacity)

shall be-

"(i) 11.2 for equipment with no heating or electric

resistance heating; and

"(ii) 11.0 for equipment with all other heating system

types that are integrated into the equipment (at a standard

rating of 95 degrees F db).

"(B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 65,000 Btu per

hour (cooling capacity) and less than 135,000 Btu per hour

(cooling capacity) shall be-

"(i) 11.0 for equipment with no heating or electric

resistance heating; and

"(ii) 10.8 for equipment with all other heating system

types that are integrated into the equipment (at a standard

rating of 95 degrees F db).

"(C) The minimum coefficient of performance in the heating

mode of air-cooled central air conditioning heat pumps at or

above 65,000 Btu per hour (cooling capacity) and less than

135,000 Btu per hour (cooling capacity) shall be 3.3 (at a

high temperature rating of 47 degrees F db).

"(8) Large commercial package air conditioning and heating

equipment manufactured on or after January 1, 2010, shall meet

the following standards:

"(A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 135,000 Btu per hour (cooling

capacity) and less than 240,000 Btu per hour (cooling capacity)

shall be-

 EE-RM/TP-05-500 COMMENT 18.7
119 STAT. 638 PUBLIC LAW 109-58-AUG. 8, 2005

"(i) 11.0 for equipment with no heating or electric

resistance heating; and

"(ii) 10.8 for equipment with all other heating system

types that are integrated into the equipment (at a standard

rating of 95 degrees F cib).

"(B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 135,000 Btu per

hour (cooling capacity) and less than 240,000 Btu per hour

(cooling capacity) shall be-

"(i) 10.6 for equipment with no heating or electric

resistance heating; and

"(ii) 10.4 for equipment with all other heating system

types that are integrated into the equipment (at a standard

rating of 95 degrees F db).

"(C) The minimum coefficient of performance in the heating

mode of air-cooled central air conditioning heat pumps at or

above 135,000 Btu per hour (cooling capacity) and less than

240,000 Btu per hour (cooling capacity) shall be 3.2 (at a

high temperature rating of 47 degrees F db).

"(9) Very large commercial package air conditioning and heating

equipment manufactured on or after January 1, 2010, shall meet

the following standards:

"(A) The minimum energy efficiency ratio of air-cooled central air conditioners at or above 240,000 Btu per hour (cooling

capacity) and less than 760,000 Btu per hour (cooling capacity)

shall be-

"(i) 10.0 for equipment with no heating or electric

resistance heating; and

"(ii) 9.8 for equipment with all other heating system

types that are integrated into the equipment (at a standard

rating of 95 degrees F db).

"(B) The minimum energy efficiency ratio of air-cooled central air conditioner heat pumps at or above 240,000 Btu per

hour (cooling capacity) and less than 760,000 Btu per hour

(cooling capacity) shall be-

"(i) 9.5 for equipment with no heating or electric resistance heating; and

"(ii) 9.3 for equipment with all other heating system

types that are integrated into the equipment (at a standard

rating of 95 degrees F db).

"(C) The minimum coefficient of performance in the heating

mode of air-cooled central air conditioning heat pumps at or

above 240,000 Btu per hour (cooling capacity) and less than

760,000 Btu per hour (cooling capacity) shall be 3.2 (at a

high temperature rating of 47 degrees F db).".

(c) STANDARDS FOR COMMERCIAL REFRIGERATORS, FREEZERS,

AND REFRIGERATOR-FREEZERS.-Section 342 of the Energy Policy

and Conservation Act (42 U.S.C. 6313) is amended by adding at

the end the following:

"(c) COMMERCIAL REFRIGERATORS, FREEZERS, AND REFRIGERATOR-FREEZERS.-(1) In this subsection:

"(A) The term 'AV' means the adjusted volume (ft3) (defined

as 1.63 x frozen temperature compartment volume (ft) + chilled

temperature compartment volume (ft)) with compartment volumes measured in accordance with the Association of Home

Appliance Manufacturers Standard HRF1-1979.

 EE-RM/TP-05-500 COMMENT 18.7
PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 639

..........................

..............

..................................

......................

"(B) The term 'V' means the chilled or frozen compartment

volume (ft) (as defined in the Association of Home Appliance

Manufacturers Standard HRF1-1979).

"(C) Other terms have such meanings as may be established

by the Secretary, based on industry-accepted definitions and

practice.

"(2) Each commercial refrigerator, freezer, and refrigeratorfreezer with a self-contained condensing unit designed for holding

temperature applications manufactured on or after January 1, 2010,

shall have a daily energy consumption (in kilowatt hours per day)

that does not exceed the following:

Refrigerators with solid doors

Refrigerators with transparent doors

Freezers with solid doors

Freezers with transparent doors

Refrigerators/freezers with solid doors the

greater of.

0.10 V + 2.04

0.12 V + 3.34

0.40 V + 1.38

0.75 V + 4.10

0.27 AV - 0.71 or

0.70.

"(3) Each commercial refrigerator with a self-contained condensing unit designed for pull-down temperature applications and

transparent doors manufactured on or after January 1, 2010, shall

have a daily energy consumption (in kilowatt hours per day) of

not more than 0.126 V + 3.51.

"(4)(A) Not later than January 1, 2009, the Secretary shall Deadline.

issue, by rule, standard levels for ice-cream freezers, self-contained Regulations.

commercial refrigerators, freezers, and refrigerator-freezers without

doors, and remote condensing commercial refrigerators, freezers,

and refrigerator-freezers, with the standard levels effective for

equipment manufactured on or after January 1, 2012.

"(B) The Secretary may issue, by rule, standard levels for

other types of commercial refrigerators, freezers, and refrigeratorfreezers not covered by paragraph (2)(A) with the standard levels

effective for equipment manufactured 3 or more years after the

date on which the final rule is published.

"(5)(A) Not later than January 1, 2013, the Secretary shall Deadlines.

issue a final rule to determine whether the standards established Regulations.

under this subsection should be amended.

"(B) Not later than 3 years after the effective date of any

amended standards under subparagraph (A) or the publication of

a final rule determining that the standards should not be amended,

the Secretary shall issue a final rule to determine whether the

standards established under this subsection or the amended standards, as applicable, should be amended.

"(C) If the Secretary issues a final rule under subparagraph Applicability.

(A) or (B) establishing amended standards, the final rule shall

provide that the amended standards apply to products manufactured on or after the date that is-

"(i) 3 years after the date on which the final amended

standard is published; or

"(ii) if the Secretary determines, by rule, that 3 years

is inadequate, not later than 5 years after the date on which

the final rule is published.".

(d) STANDARDS FOR AUTOMATIC COMMERCIAL ICE MAKERS.-

Section 342 of the Energy Policy and Conservation Act (42 U.S.C.

 EE-RM/TP-05-500 COMMENT 18.7
119 STAT. 640 PUBLIC LAW 109-58-AUG. 8, 2005

6313) (as amended by subsection (c)) is amended by adding at

the end the following:

"(d) AUTOMATIC COMMERCIAL ICE MAKERs.-(1) Each automatic

commercial ice maker that produces cube type ice with capacities

between 50 and 2500 pounds per 24-hour period when tested

according to the test standard established in section 343(a)(7) and

is manufactured on or after January 1, 2010, shall meet the following standard levels:

Equipment Type Type of Harvest Rate Maximum

Energ' Use

Maximum

Condenser

Cooling (lbs ice/24 hours) (kWh/100 lbs Ice) Water Use

(galJlOO lbs Ice)

Ice Making Head Water <500 7.80-0.0055H 200-0.022H

^500 and <1436 5.58-0.OO11H 200-0.022H

^1436 4.0 200-0.022H

Ice Making Head Air <450 10.26-0.0086H Not Applicable

^450 6.89-0.OO11H Not Applicable

Remote Con- Air <1000 8.85-0.0038H Not Applicadensing ble

(but not remote

compressor)

^1000 5.10 Not Applicable

Remote Con- Air <934 8.85-0.0038H Not Applicadensing ble

and Remote

Compressor

^934 5.3 Not Applicable

Self Contained Water <200 11.40-0.019H 191-0.0315H

^200 7.60 191-0.0315H

Self Contained Air <175 18.0-0.0469H Not Applicable

^175 9.80 Not Applicable

H = Harvest rate in pounds per 24 hours.

Water use is for the condenser only and does not include potable water used to make ice.

"(2)(A) The Secretary may issue, by rule, standard levels for

types of automatic commercial ice makers that are not covered

by paragraph (1).

Applicability. "(B) The standards established under subparagraph (A) shall

apply to products manufactured on or after the date that is-

"(1) 3 years after the date on which the rule is published

under subparagraph (A); or

 EE-RM/TP-05-500 COMMENT 18.7
PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 641

"(ii) if the Secretary determines, by rule, that 3 years Deadline.

is inadequate, not later than 5 years after the date on which

the final rule is published.

"(3)(A) Not later than January 1, 2015, with respect to the Deadlines.

standards established under paragraph (1), and, with respect to Regulations.

the standards established under paragraph (2), not later than 5

years after the date on which the standards take effect, the Secretary shall issue a final rule to determine whether amending

the applicable standards is technologically feasible and economically

justified.

"(B) Not later than 5 years after the effective date of any

amended standards under subparagraph (A) or the publication of

a final rule determining that amending the standards is not technologically feasible or economically justified, the Secretary shall issue

a final rule to determine whether amending the standards established under paragraph (1) or the amended standards, as applicable,

is technologically feasible or economically justified.

"(C) If the Secretary issues a final rule under subparagraph Applicability.

(A) or (B) establishing amended standards, the final rule shall

provide that the amended standards apply to products manufactured on or after the date that is-

"(1) 3 years after the date on which the final amended

standard is published; or

"(ii) if the Secretary determines, by rule, that 3 years

is inadequate, not later than 5 years after the date on which

the final amended standard is published.

"(4) A final rule issued under paragraph (2) or (3) shall establish

standards at the maximum level that is technically feasible and

economically justified, as provided in subsections (o) and (p) of

section 325.".

(e) STANDARDS FOR COMMERCIAL CLOTHES WASHERS.-Section

342 of the Energy Policy and Conservation Act (42 U.S.C. 6313)

(as amended by subsection (d)) is amended by adding at the end

the following:

"(e) COMMERCIAL CLOTHES WA5HER5,-(1) Each commercial

clothes washer manufactured on or after January 1, 2007, shall

have-

"(A) a Modified Energy Factor of at least 1.26; and

"(B) a Water Factor of not more than 9.5.

"(2)(A)(i) Not later than January 1, 2010, the Secretary shall Deadlines.

publish a final rule to determine whether the standards established Publication.

under paragraph (1) should be amended. Regulations.

"(ii) The rule published under clause (1) shall provide that Applicability.

any amended standard shall apply to products manufactured 3

years after the date on which the final amended standard is published.

"(B)(i) Not later than January 1, 2015, the Secretary shall

publish a final rule to determine whether the standards established

under paragraph (1) should be amended.

"(ii) The rule published under clause (i) shall provide that Applicability.

any amended standard shall apply to products manufactured 3

years after the date on which the final amended standard is published.".

U) TEST PROCEDURES.-Section 343 of the Energy Policy and

Conservation Act (42 U.S.C. 6314) is amended-

(1) in subsection (a)-

(A) in paragraph (4)-

 EE-RM/TP-05-500 COMMENT 18.7
119 STAT. 642 PUBLIC LAW 109-58-AUG. 8, 2005

(i) in subparagraph (A), by inserting "very large

commercial package air conditioning and heating

equipment," after "large commercial package air conditioning and heating equipment,"; and

(ii) in subparagraph (B), by inserting "very large

commercial package air conditioning and heating

equipment," after "large commercial package air conditioning and heating equipment,"; and

(B) by adding at the end the following:

"(6)(A)(i) In the case of commercial refrigerators, freezers, and

refrigerator-freezers, the test procedures shall be-

"(I) the test procedures determined by the Secretary to

be generally accepted industry testing procedures; or

"(II) rating procedures developed or recognized by the

ASHRAE or by the American National Standards Institute.

"(ii) In the case of self-contained refrigerators, freezers, and

refrigerator-freezers to which standards are applicable under paragraphs (2) and (3) of section 342(c), the initial test procedures

shall be the ASHRAE 117 test procedure that is in effect on January

1, 2005.

"(B)(i) In the case of commercial refrigerators, freezers, and

refrigerator-freezers with doors covered by the standards adopted

in February 2002, by the California Energy Commission, the rating

temperatures shall be the integrated average temperature of 38

degrees F (± 2 degrees F) for refrigerator compartments and 0

degrees F (± 2 degrees F) for freezer compartments.

Regulations. "(C) The Secretary shall issue a rule in accordance with paragraphs (2) and (3) to establish the appropriate rating temperatures

for the other products for which standards will be established

under section 342(c)(4).

"(D) In establishing the appropriate test temperatures under

this subparagraph, the Secretary shall follow the procedures and

meet the requirements under section 323(e).

Deadline. "(E)(i) Not later than 180 days after the publication of the

Regulations. new ASHRAE 117 test procedure, if the ASHRAE 117 test procedure

for commercial refrigerators, freezers, and refrigerator-freezers is

amended, the Secretary shall, by rule, amend the test procedure

for the product as necessary to ensure that the test procedure

is consistent with the amended ASHRAE 117 test procedure, unless

the Secretary makes a determination, by rule, and supported by

clear and convincing evidence, that to do so would not meet the

requirements for test procedures under paragraphs (2) and (3).

Notice. "(ii) If the Secretary determines that 180 days is an insufficient

Federal Register, period during which to review and adopt the amended test procepublication. dure or rating procedure under clause (i), the Secretary shall publish

a notice in the Federal Register stating the intent of the Secretary

to wait not longer than 1 additional year before putting into effect

an amended test procedure or rating procedure.

Regulations. "(F)(i) If a test procedure other than the ASHRAE 117 test

procedure is approved by the American National Standards

Institute, the Secretary shall, by rule-

"(I) review the relative strengths and weaknesses of the

new test procedure relative to the ASHRAE 117 test procedure;

and

"(II) based on that review, adopt one new test procedure

for use in the standards program.

Applicability. "(ii) If a new test procedure is adopted under clause (i)-

 EE-RM/TP-05-500 COMMENT 18.7
PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 643

"(I) section 323(e) shall apply; and

"(II) subparagraph (B) shall apply to the adopted test procedure.

"(7)(A) In the case of automatic commercial ice makers, the

test procedures shall be the test procedures specified in Air-Conditioning and Refrigeration Institute Standard 810-2003, as in effect

on January 1, 2005.

"(B)(i) If Air-Conditioning and Refrigeration Institute Standard Regulations.

810-2003 is amended, the Secretary shall amend the test proce- Federal Register,

dures established in subparagraph (A) as necessary to be consistent publication.

with the amended Air-Conditioning and Refrigeration Institute

Standard, unless the Secretary determines, by rule, published in

the Federal Register and supported by clear and convincing evidence, that to do so would not meet the requirements for test

procedures under paragraphs (2) and (3).

"(ii) If the Secretary issues a rule under clause (i) containing

a determination described in clause (ii), the rule may establish

an amended test procedure for the product that meets the requirements of paragraphs (2) and (3).

"(C) The Secretary shall comply with section 323(e) in establishing any amended test procedure under this paragraph.

"(8) With respect to commercial clothes washers, the test procedures shall be the same as the test procedures established by

the Secretary for residential clothes washers under section 325(g).";

and

(2) in subsection (d)(1), by inserting "very large commercial

package air conditioning and heating equipment, commercial

refrigerators, freezers, and refrigerator-freezers, automatic

commercial ice makers, commercial clothes washers," after

"large commercial package air conditioning and heating equipment,".

(g) LABELING.-Section 344(e) of the Energy Policy and Conservation Act (42 U.S.C. 6315(e)) is amended by inserting "very

large commercial package air conditioning and heating equipment,

commercial refrigerators, freezers, and refrigerator-freezers, automatic commercial ice makers, commercial clothes washers," after

"large commercial package air conditioning and heating equipment,"

each place it appears.

(h) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMP- Applicability.

TION.-Section 345 of the Energy Policy and Conservation Act (42

U.S.C. 6316) is amended-

(1) in subsection (a)-

(A) in paragraph (7), by striking "and" at the end;

(B) in paragraph (8), by striking the period at the

end and inserting "; and"; and

(C) by adding at the end the following:

"(9) in the case of commercial clothes washers, section

327(b)(1) shall be applied as if the National Appliance Energy

Conservation Act of 1987 was the Energy Policy Act of 2005.";

(2) in the first sentence of subsection (b)(1), by striking

"part B" and inserting "part A"; and

(3) by adding at the end the following:

"(d)(1) Except as provided in paragraphs (2) and (3), section

327 shall apply with respect to very large commercial package

air conditioning and heating equipment to the same extent and

in the same manner as section 327 applies under part A on the

date of enactment of this subsection.

 EE-RM/TP-05-500 COMMENT 18.7
119 STAT. 644 PUBLIC LAW 109-58-AUG. 8, 2005

Effective date. "(2) Any State or local standard issued before the date of

enactment of this subsection shall not be preempted until the standards established under section 342(a)(9) take effect on January

1, 2010.

Applicability. "(e)(1)(A) Subsections (a), (b), and (d) of section 326, subsections

(m) through (s) of section 325, and sections 328 through 336 shall

apply with respect to commercial refrigerators, freezers, and refrigerator-freezers to the same extent and in the same manner as

those provisions apply under part A.

"(B) In applying those provisions to commercial refrigerators,

freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and (4)

of subsection (a) shall apply.

"(2)(A) Section 327 shall apply to commercial refrigerators,

freezers, and refrigerator-freezers for which standards are established under paragraphs (2) and (3) of section 342(c) to the same

extent and in the same manner as those provisions apply under

part A on the date of enactment of this subsection, except that

any State or local standard issued before the date of enactment

of this subsection shall not be preempted until the standards established under paragraphs (2) and (3) of section 342(c) take effect.

"(B) In applying section 327 in accordance with subparagraph

(A), paragraphs (1), (2), and (3) of subsection (a) shall apply.

"(3)(A) Section 327 shall apply to commercial refrigerators,

freezers, and refrigerator-freezers for which standards are established under section 342(c)(4) to the same extent and in the same

manner as the provisions apply under part A on the date of publication of the final rule by the Secretary, except that any State or

local standard issued before the date of publication of the final

rule by the Secretary shall not be preempted until the standards

take effect.

"(B) In applying section 327 in accordance with subparagraph

(A), paragraphs (1), (2), and (3) of subsection (a) shall apply.

"(4)(A) If the Secretary does not issue a final rule for a specific

type of commercial refrigerator, freezer, or refrigerator-freezer

within the time frame specified in section 342(c)(5), subsections

(b) and (c) of section 327 shall not apply to that specific type

of refrigerator, freezer, or refrigerator-freezer for the period beginning on the date that is 2 years after the scheduled date for

a final rule and ending on the date on which the Secretary publishes

a final rule covering the specific type of refrigerator, freezer, or

refrigerator-freezer.

"(B) Any State or local standard issued before the date of

publication of the final rule shall not be preempted until the final

rule takes effect.

Certification. "(5)(A) In the case of any commercial refrigerator, freezer, or

refrigerator-freezer to which standards are applicable under paragraphs (2) and (3) of section 342(c), the Secretary shall require

manufacturers to certify, through an independent, nationally recognized testing or certification program, that the commercial refrigerator, freezer, or refrigerator-freezer meets the applicable standard.

"(B) The Secretary shall, to the maximum extent practicable,

encourage the establishment of at least 2 independent testing and

certification programs.

Records. "(C) As part of certification, information on equipment energy

use and interior volume shall be made available to the Secretary.

Applicability. "(f)(1)(A)(i) Except as provided in clause (ii), section 327 shall

apply to automatic commercial ice makers for which standards

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PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 645

have been established under section 342(d)(1) to the same extent

and in the same manner as the section applies under part A

on the date of enactment of this subsection.

"(ii) Any State standard issued before the date of enactment

of this subsection shall not be preempted until the standards established under section 342(d)(1) take effect.

"(B) In applying section 327 to the equipment under subparagraph (A), paragraphs (1), (2), and (3) of subsection (a) shall apply.

"(2)(A)(i) Except as provided in clause (ii), section 327 shall

apply to automatic commercial ice makers for which standards

have been established under section 342(d)(2) to the same extent

and in the same manner as the section applies under part A

on the date of publication of the final rule by the Secretary.

"(ii) Any State standard issued before the date of publication

of the final rule by the Secretary shall not be preempted until

the standards established under section 342(d)(2) take effect.

"(B) In applying section 327 in accordance with subparagraph

(A), paragraphs (1), (2), and (3) of subsection (a) shall apply.

"(3)(A) If the Secretary does not issue a final rule for a specific

type of automatic commercial ice maker within the time frame

specified in section 342(d), subsections (b) and (c) of section 327

shall no longer apply to the specific type of automatic commercial

ice maker for the period beginning on the day after the scheduled

date for a final rule and ending on the date on which the Secretary

publishes a final rule covering the specific type of automatic

commercial ice maker.

"(B) Any State standard issued before the publication of the

final rule shall not be preempted until the standards established

in the final rule take effect.

"(4)(A) The Secretary shall monitor whether manufacturers are

reducing harvest rates below tested values for the purpose of

bringing non-complying equipment into compliance.

"(B) If the Secretary finds that there has been a substantial

amount of manipulation with respect to harvest rates under

subparagraph (A), the Secretary shall take steps to minimize the

manipulation, such as requiring harvest rates to be within 5 percent

of tested values.

"(g)(1)(A) If the Secretary does not issue a final rule for commercial clothes washers within the timeframe specified in section

342(e)(2), subsections (b) and (c) of section 327 shall not apply

to commercial clothes washers for the period beginning on the

day after the scheduled date for a final rule and ending on the

date on which the Secretary publishes a final rule covering commercial clothes washers.

"(B) Any State or local standard issued before the date on

which the Secretary publishes a final rule shall not be preempted

until the standards established under section 342(e)(2) take effect.

"(2) The Secretary shall undertake an educational program

to inform owners of laundromats, multifamily housing, and other

sites where commercial clothes washers are located about the new

standard, including impacts on washer purchase costs and options

for recovering those costs through coin collection.".

 EE-RM/TP-05-500 COMMENT 18.7
15834. SEC. 14L REPORT ON FAILURE TO COMPLY WITH DEADLINES FOR

NEW OR REVISED ENERGY CONSERVATION STANDARDS.

(a) INITLAL REPORT.-The Secretary shall submit a report to

Congress regarding each new or revised energy conservation or

water use standard which the Secretary has failed to issue in

conformance with the deadlines established in the Energy Policy

and Conservation Act. Such report shall state the reasons why

the Secretary has failed to comply with the deadline for issuances

of the new or revised standard and set forth the Secretary's plan

for expeditiously prescribing such new or revised standard. The

Secretary's initial report shall be submitted not later than 6 months

following enactment of this Act and subsequent reports shall be

submitted whenever the Secretary determines that additional deadlines for issuance of new or revised standards have been missed.

(b) IMPLEMENTATION REP0RT.-Every 6 months following the

submission of a report under subsection (a) until the adoption

of a new or revised standard described in such report, the Secretary

shall submit to the Congress an implementation report describing

the Secretary's progress in implementing the Secretary's plan or

the issuance of the new or revised standard.

 EE-RM/TP-05-500 COMMENT 18.7