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[Senate Report 115-78]
[From the U.S. Government Publishing Office]

                                                        Calendar No. 97
                                                        
115th Congress   }                                           {   Report
                                 SENATE
 1st Session     }                                           {  115-78

======================================================================

 
 TO EXCLUDE POWER SUPPLY CIRCUITS, DRIVERS, AND DEVICES DESIGNED TO BE 
    CONNECTED TO, AND POWER, LIGHT-EMITTING DIODES OR ORGANIC LIGHT-
  EMITTING DIODES PROVIDING ILLUMINATION OR CEILING FANS USING DIRECT 
 CURRENT MOTORS FROM ENERGY CONSERVATION STANDARDS FOR EXTERNAL POWER 
                                SUPPLIES

                                _______
                                

                  May 24, 2017.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 226]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 226) to exclude power supply circuits, 
drivers, and devices designed to be connected to, and power, 
light-emitting diodes or organic light-emitting diodes 
providing illumination or ceiling fans using direct current 
motors from energy conservation standards for external power 
supplies, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 226 is to exclude power supply circuits, 
drivers, and devices to be connected to, and power, light-
emitting diodes or organic light-emitting diodes providing 
illumination, or ceiling fans using direct current motors from 
energy conservation standards for external power supplies.

                          Background and Need

    Since the 1973 oil embargo and every subsequent energy 
crisis, studies have shown that the United States could save 
energy and money by investing in energy efficiency measures. 
Today, efficient energy use and the deployment of more 
efficient technologies are critical to the nation's economic 
competitiveness and job creation. In addition, efficient energy 
use reduces pollution that would be associated with energy 
production. Nevertheless, many existing energy efficiency 
technologies and programs have yet to be installed or 
implemented.
    The National Academies released a 2010 study entitled Real 
Prospects for Energy Efficiency in the United States on the 
potential for energy efficiency in commercial and residential 
buildings, transportation, and manufacturing. The study found 
that energy efficiency could more than offset the Energy 
Information Administration's projected increase in U.S. energy 
consumption through 2030.
    In 2005, in the Energy Policy Act (Public Law 109-58), 
Congress amended the Energy Policy and Conservation Act (EPCA) 
to define external power supplies (EPS) as 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.'' 42 U.S.C. 6291(36)(A). In addition, it 
directed the Department of Energy (DOE) to set energy 
conservation standards for EPSs.
    DOE adopted standards for EPSs by rule in 2006. 71 Fed. 
Reg. 71340 (Dec. 8. 2006). In February 2014, DOE amended the 
energy conservation standards that applied to certain external 
power supplies and established new ones for others that were 
not previously required to meet energy conservation standards. 
79 Fed. Reg. 7846 (Feb. 10, 2014). The 2014 rule included 
certain solid state lighting drivers, including, for example, 
light emitting diodes (LEDs). However, the design of LED 
drivers is different from the design of an EPS. While EPSs use 
a single stage power conversion, LED drivers utilize a two 
stage power conversion design. The EPS efficiency standards are 
based on a single stage design; the efficiency of a two stage 
design is the product of the efficiencies of each stage, and 
therefore a standard based on a single stage design is not 
appropriate for LED drivers. The 2014 final rule went into 
effect on February 10, 2016, meaning LED drivers are now 
technically not supposed to be available in the market as they 
cannot meet the EPS efficiency standard. If not addressed, the 
EPS standard will lead to LED drivers being taken off of the 
market, disrupting the lighting industry's transition to more 
energy efficient lighting and increasing energy use and costs 
for consumers.
    S. 226 would exclude solid state lighting (e.g., LEDs) 
drivers and ceiling fans using direct current motors from DOE's 
existing EPS standards, and protect these products from being 
captured by other wide ranging DOE regulations that do not deal 
directly with this lighting technology. Additionally, S. 226 
preserves DOE's ability to prescribe an energy conservation 
standard specifically for solid state lighting power supply 
circuits, drivers, and other products in the future, should it 
prove necessary.

                          Legislative History

    S. 226 was introduced by Senators Portman, Cantwell, and 
Shaheen on January 24, 2017.
    Companion legislation, H.R. 518, was introduced in the 
House by Representatives DeGette, Dent, Guthrie, and Matsui on 
January 13, 2017. H.R. 518 was passed in the House of 
Representatives by a voice vote on January 23, 2017.
    In the 114th Congress, an identical bill, S. 2476, was 
introduced by Senators Portman, Alexander, Cantwell, McConnell, 
and Shaheen on February 1, 2016.
    The measure was included in Amendment No. 3168 which the 
Senate agreed to on April 19, 2016, as an amendment to S. 2012, 
the Energy Policy Modernization Act of 2016, which the Senate 
passed, as amended, on April 20, 2016.
    Companion legislation, H.R. 4444, was introduced in the 
House by Representatives Ellmers, DeGette, Dent, Matsui, and 
Pompeo on February 3, 2016. H.R. 4444 was passed in the House 
of Representatives by a voice vote on February 29, 2016. It was 
received in the Senate on March 1, 2016, and referred to the 
Committee on Energy and Natural Resources on July 14, 2016.
    The Committee met in an open business session on March 30, 
2017, and ordered S. 226 favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
226, as described herein.

                      Section-by-Section Analysis

Section 1. Application of energy conservation standards to certain 
        external power supplies

    Section 1(a) amends Section 321(36)(A) of EPCA (42 U.S.C. 
6291(36)(A)) to exclude from energy conservation standards for 
external power supplies any power supply circuit, driver, or 
device designed exclusively to be connected to, and power, 
light-emitting diodes, organic light-emitting diodes, or 
ceiling fans using direct current motors.
    Subsection (b) amends section 340(2)(B) of EPCA to include 
lighting power supply circuits. This subsection also provides 
the Secretary of Energy with the regulatory authority to 
prescribe energy conservation standards for lighting power 
supply circuits no earlier than one year after the date on 
which a test procedure has been prescribed for such equipment.
    Subsection (c) makes technical corrections to sections 
321(6)(B) and 324 of EPCA.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    The Energy Policy Act of 2005 directed the Secretary of 
Energy to establish energy conservation standards for external 
power supplies (EPS), which are devices that convert power 
drawn from a wall outlet into lower voltage power that can be 
used directly by certain electronic devices. S. 226 would amend 
the definition of EPS to exclude some technologies and specify 
the circumstances under which the Secretary could establish 
energy conservation standards for such technologies in the 
future.
    CBO estimates that enacting S. 226 would have no 
significant effect on the federal budget. Based on information 
from the Department of Energy, we expect that any change in the 
agency's costs to regulate or establish standards for 
technologies affected by the bill (which would be subject to 
appropriation) would be insignificant in any year.
    Enacting S. 226 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 226 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 226 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out the bill.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of the bill, as ordered reported.

                   Congressionally Directed Spending

    S. 226, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    Executive Communications on S. 226 were not requested by 
the Committee on Energy and Natural Resources for the 115th 
Congress.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                   ENERGY POLICY AND CONSERVATION ACT

Public Law 94-163, as amended

           *       *       *       *       *       *       *

TITLE III--IMPROVING ENERGY EFFICIENCY

           *       *       *       *       *       *       *

 PART B--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS OTHER THAN 
                              AUTOMOBILES

                              DEFINITIONS

    Sec. 321. For purposes of this part:

           *       *       *       *       *       *       *

          (5) The term ``energy efficiency'' means the ratio of 
        the useful output of services from a consumer product 
        to the energy use of such product, determined in 
        accordance with test procedures under section 323.
          (6) The term ``energy conservation standard'' means--
                  (A) a performance standard which prescribes a 
                minimum level of energy efficiency or a maximum 
                quantity of energy use, or, in the case of 
                showerheads, faucets, water closets, and 
                urinals, water use, for a covered product, 
                determined in accordance with test procedures 
                prescribed under section 323; or
                  (B) a design requirement for the products 
                specified in paragraphs (6), (7), (8), (10), 
                (15), (16), (17), and [(19)] (20) of section 
                323; and

           *       *       *       *       *       *       *

          (35) (A) The term ``distribution transformer'' means 
        a transformer that--
                  (i) 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 
        include--
                  (i) a 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;
                          (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) External power supply.--
                  (A) [In general.--The term].--
                          (i) In general.--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.
                          (ii) Exclusion.--The term ``external 
                        power supply'' does not include a power 
                        supply circuit, driver, or device that 
                        is designed exclusively to be connected 
                        to, and power--
                                  (I) light-emitting diodes 
                                providing illumination;
                                  (II) organic light-emitting 
                                diodes providing illumination; 
                                or
                                  (III) ceiling fans using 
                                direct current motors.

           *       *       *       *       *       *       *

                                LABELING

    Sec. 324. (a) In General.-- * * *
          (3) The Commission may prescribe a labeling rule 
        under this section applicable to covered products of a 
        type specified in paragraph [(19)] (20) of section 
        322(a) (or a class thereof) if--
                  (A) the Commission or the Secretary has made 
                a determination with respect to such type (or 
                class thereof) that labeling in accordance with 
                this section will assist purchasers in making 
                purchasing decisions,

           *       *       *       *       *       *       *

    (b) Rules in Effect; New Rules.-- (1) (A) Any labeling rule 
in effect on the date of the enactment of the National 
Appliance Energy Conservation Act of 1987 shall remain in 
effect until amended, by rule, by the Commission.
    (B) After the date of the enactment of the National 
Appliance Energy Conservation Act of 1987 and not later than 30 
days after the date on which a proposed test procedure 
applicable to a covered product of any of the types specified 
in paragraphs (1) through (13), and paragraphs (15) through 
[(19)] (20) of section 322(a)(or class thereof) is prescribed 
under section 322(b), the Commission shall publish a proposed 
labeling rule applicable to such type (or class thereof).
    (2) The Commission shall afford interested persons an 
opportunity to present written or oral data, views, and 
comments with respect to the proposed labeling rules published 
under paragraph (1). The period for such presentations shall 
not be less than 45 days.
    (3) Not earlier than 45 days nor later than 60 days after 
the date on which test procedures are prescribed under section 
322(b) with respect to covered products of any type (or class 
thereof) specified in paragraphs (1) through (12) of section 
322(a), the Commission shall prescribe labeling rules with 
respect to covered products of such type (or class thereof). 
Not earlier than 45 days after the date on which test 
procedures are prescribed under section 322(b) with respect to 
covered products of a type specified in paragraph [(19)] (20) 
of section 322(a), the Commission may prescribe labeling rules 
with respect to covered products of such type (or class 
thereof).
    (4) A labeling rule prescribed under paragraph (3) shall 
take effect not later than 3 months after the date of 
prescription of such rule, except that such rules may take 
effect not later than 6 months after such date of prescription 
if the Commission determines that such extension is necessary 
to allow persons subject to such rules adequate time to come 
into compliance with such rules.
    (5) The Commission may delay the publication of a proposed 
labeling rule, or the prescription of a labeling rule, beyond 
the dates specified in paragraph (1) or (3), if it determines 
that it cannot publish proposed labeling rules or prescribe 
labeling rules which meet the requirements of this section on 
or prior to the date specified in the applicable paragraph and 
publishes such determination in the Federal Register, together 
with the reasons therefor. In any such case, it shall publish 
proposed labeling rules or prescribe labeling rules for covered 
products of such type (or class thereof) as soon as practicable 
unless it determines (A) that labeling in accordance with this 
section is not economically or technically feasible, or (B) in 
the case of a type specified in paragraphs (3), (5), and (7) of 
section 322(a), that labeling in accordance with this section 
is not likely to assist consumers in purchasing decisions. Any 
such determination shall be published in the Federal Register, 
together with the reasons therefor. This paragraph shall not 
apply to the prescription of a labeling rule with respect to 
covered products of a type specified in paragraph [(19)] (20) 
of section 322(a).

           *       *       *       *       *       *       *

                     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

           *       *       *       *       *       *       *

    (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)] (20) 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 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)] (20) 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, 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 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 year that the reported annual sales rate 
                for 3-way incandescent 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 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.

           *       *       *       *       *       *       *

                  PART C--CERTAIN INDUSTRIAL EQUIPMENT

                              DEFINITIONS

    Sec. 340. For purposes of this part--

           *       *       *       *       *       *       *

          (2)(A) The term ``industrial equipment'' means any 
        article of equipment referred to in subparagraph (B) of 
        a type--
                  (i) which in operation consumes, or is 
                designed to consume, energy;
                  (ii) which, to any significant extent, is 
                distributed in commerce for industrial or 
                commercial use; and
                  (iii) which is not a ``covered product'' as 
                defined in section 321(a)(2), other than a 
                component of a covered product with respect to 
                which there is in effect a determination under 
                section 341(c);

without regard to whether such article is in fact distributed 
in commerce for industrial or commercial use.
          (B) The types of equipment referred to in this 
        subparagraph (in addition to electric motors and pumps, 
        commercial package air conditioning and heating 
        equipment, commercial refrigerators, freezers, and 
        refrigerator-freezers, automatic commercial ice makers, 
        commercial clothes washers, packaged terminal air-
        conditioners, packaged terminal heat pumps, warm air 
        furnaces, packaged boilers, storage water heaters, 
        instantaneous water heaters, and unfired hot water 
        storage tanks) are as follows:
                  (i) compressors;
                  (ii) fans;
                  (iii) blowers;
                  (iv) refrigeration equipment;
                  [(v) electric lights;]
                  (v) electric lights and lighting power supply 
                circuits;
                  (vi) electrolytic equipment;
                  (vii) electric arc equipment;
                  (viii) steam boilers;
                  (ix) ovens;
                  (x) kilns;
                  (xi) evaporators;
                  (xii) dryers; and
                  (xiii) other motors.
          (3) The term ``energy efficiency'' means the ratio of 
        the useful output of services from an article of 
        industrial equipment to the energy use by such article, 
        determined in accordance with test procedures under 
        section 343.

           *       *       *       *       *       *       *

                               STANDARDS

    Sec. 342. (a) * * *
    (f) Walk-In Coolers and Walk-In Freezers.--
          (1) In general.--Subject to paragraphs (2) through 
        (6), each walk-in cooler or walk-in freezer 
        manufactured on or after January 1, 2009, shall--
                  (A) have automatic door closers that firmly 
                close all walk-in doors that have been closed 
                to within 1 inch of full closure, except that 
                this subparagraph shall not apply to doors 
                wider than 3 feet 9 inches or taller than 7 
                feet;
                  (B) have strip doors, spring hinged doors, or 
                other method of minimizing infiltration when 
                doors are open;
                  (C) contain wall, ceiling, and door 
                insulation of at least R-25 for coolers and R-
                32 for freezers, except that this subparagraph 
                shall not apply to glazed portions of doors nor 
                to structural members;
                  (D) contain floor insulation of at least R-28 
                for freezers;
                  (E) for evaporator fan motors of under 1 
                horsepower and less than 460 volts, use--
                          (i) electronically commutated motors 
                        (brushless direct current motors); or
                          (ii) 3-phase motors;
                  (F) for condenser fan motors of under 1 
                horsepower, use--
                          (i) electronically commutated motors;
                          (ii) permanent split capacitor-type 
                        motors; or
                          (iii) 3-phase motors; and
                  (G) for all interior lights, use light 
                sources with an efficacy of 40 lumens per watt 
                or more, including ballast losses (if any), 
                except that light sources with an efficacy of 
                40 lumens per watt or less, including ballast 
                losses (if any), may be used in conjunction 
                with a timer or device that turns off the 
                lights within 15 minutes of when the walk-in 
                cooler or walk-in freezer is not occupied by 
                people.
          (2) Electronically commutated motors.--
                  (A) In general.--The requirements of 
                paragraph (1)(E)(i) for electronically 
                commutated motors shall take effect January 1, 
                2009, unless, prior to that date, the Secretary 
                determines that such motors are only available 
                from 1 manufacturer.
                  (B) Other types of Motors.--In carrying out 
                paragraph (1)(E)(i) and subparagraph (A), the 
                Secretary may allow other types of motors if 
                the Secretary determines that, on average, 
                those other motors use no more energy in 
                evaporator fan applications than electronically 
                commutated motors.
                  (C) Maximum energy consumption level.--The 
                Secretary shall establish the maximum energy 
                consumption level under subparagraph (B) not 
                later than January 1, 2010.
                  (3) Additional specifications.--Each walk-in 
                cooler or walk-in freezer with transparent 
                reach-in doors manufactured on or after January 
                1, 2009, shall also meet the following 
                specifications:
                  (A) Transparent reach-in doors for walk-in 
                freezers and windows in walk-in freezer doors 
                shall be of triple-pane glass with either heat-
                reflective treated glass or gas fill.
                  (B) Transparent reach-in doors for walk-in 
                coolers and windows in walk-in cooler doors 
                shall be--
                          (i) double-pane glass with heat-
                        reflective treated glass and gas fill; 
                        or
                          (ii) triple-pane glass with either 
                        heat-reflective treated glass or gas 
                        fill.
                  (C) If the appliance has an antisweat heater 
                without antisweat heat controls, the appliance 
                shall have a total door rail, glass, and frame 
                heater power draw of not more than 7.1 watts 
                per square foot of door opening (for freezers) 
                and 3.0 watts per square foot of door opening 
                (for coolers).
                  (D) If the appliance has an antisweat heater 
                with antisweat heat controls, and the total 
                door rail, glass, and frame heater power draw 
                is more than 7.1 watts per square foot of door 
                opening (for freezers) and 3.0 watts per square 
                foot of door opening (for coolers), the 
                antisweat heat controls shall reduce the energy 
                use of the antisweat heater in a quantity 
                corresponding to the relative humidity in the 
                air outside the door or to the condensation on 
                the inner glass pane.
          (4) Performance-based standards.--
                  (A) In general.--Not later than January 1, 
                2012, the Secretary shall publish performance-
                based standards for walk-in coolers and walk-in 
                freezers that achieve the maximum improvement 
                in energy that the Secretary determines is 
                technologically feasible and economically 
                justified.
                  (B) Application.--
                          (i) In general.--Except as provided 
                        in clause (ii), the standards shall 
                        apply to products described in 
                        subparagraph (A) that are manufactured 
                        beginning on the date that is 3 years 
                        after the final rule is published.
                          (ii) Delayed effective date.--If the 
                        Secretary determines, by rule, that a 
                        3-year period is inadequate, the 
                        Secretary may establish an effective 
                        date for products manufactured 
                        beginning on the date that is not more 
                        than 5 years after the date of 
                        publication of a final rule for the 
                        products.
          (5) Amendment of standards.--
                  (A) In general.--Not later than January 1, 
                2020, the Secretary shall publish a final rule 
                to determine if the standards established under 
                paragraph (4) should be amended.
                  (B) Application.--
                          (i) In general.--Except as provided 
                        in clause (ii), the rule shall provide 
                        that the standards shall apply to 
                        products manufactured beginning on the 
                        date that is 3 years after the final 
                        rule is published.
                          (ii) Delayed effective date.--If the 
                        Secretary determines, by rule, that a 
                        3-year period is inadequate, the 
                        Secretary may establish an effective 
                        date for products manufactured 
                        beginning on the date that is not more 
                        than 5 years after the date of 
                        publication of a final rule for the 
                        products.
          (6) Innovative component technologies.--Subparagraph 
        (C) of paragraph (1) shall not apply to a walk-in 
        cooler or walk-in freezer component if the component 
        manufacturer has demonstrated to the satisfaction of 
        the Secretary that the component reduces energy 
        consumption at least as much as if such subparagraph 
        were to apply. In support of any demonstration under 
        this paragraph, a manufacturer shall provide to the 
        Secretary all data and technical information necessary 
        to fully evaluate its application.
    (g) Lighting Power Supply Circuits.--If the Secretary, 
acting pursuant to section 341(b), includes as a covered 
equipment solid state lighting power supply circuits, drivers, 
or devices described in section 321(36)(A)(ii), the Secretary 
may prescribe under this part, not earlier than 1 year after 
the date on which a test procedure has been prescribed, an 
energy conservation standard for such equipment.

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