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[Senate Report 115-76]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 95
115th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {      115-76

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

 
                     POWER AND SECURITY SYSTEMS ACT

                                _______
                                

                  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. 190]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 190) to provide for consideration of the 
extension under the Energy Policy and Conservation Act of 
nonapplication of No-Load Mode energy efficiency standards to 
certain security or life safety alarms or surveillance systems, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                Purpose

    The purpose of S. 190 is to provide for consideration of 
the extension under the Energy Policy and Conservation Act 
(EPCA) of nonapplication of No-Load Mode energy efficiency 
standards to certain security or life safety alarms or 
surveillance systems.

                          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 EPCA to define and direct the Department of 
Energy (DOE) to set energy conservation standards for External 
Power Supplies (EPS). DOE's EPS standards require test 
procedures for products in ``no-load'' mode. No-load refers to 
when a device is disconnected from its power-consuming ``load'' 
and performing no function. For example, when a cell phone 
charger is plugged into the wall, but disconnected from an 
actual phone, the charger is considered to be in no-load mode. 
However, by definition, security and life safety products are 
always on. Fire monitors, carbon monoxide monitors, intrusion 
detection sensors, and access control readers require a 
constant, uninterrupted power supply. Power supplies designed 
to power security and life safety systems are always in 
``active mode,'' and as such simply do not have a no-load mode 
function.
    As originally enacted, the Energy Independence and Security 
Act of 2007 did not make a distinction between EPS types, and a 
statutory exemption for fire and life safety systems is 
necessary. In 2011, Congress enacted Public Law 111-360, to 
exclude an external power supply for certain security or life 
safety alarms and surveillance system components from the 
application of certain energy efficiency standards under EPCA. 
This law provided a five-year exemption for life safety and 
security systems that expires on July 1, 2017. S. 190 extends 
the life safety and security system exemption for as long as 
the current EPS efficiency standard is in effect, and provides 
DOE with the regulatory authority to extend the exemption in 
any subsequent update to the standard.

                          Legislative History

    S. 190 was introduced by Senators Gardner and Cantwell on 
January 23, 2017.
    Companion legislation, H.R. 511, was introduced in the 
House by Representatives Welch and Brooks on January 12, 2017. 
H.R. 511 was passed in the House of Representatives by a voice 
vote under suspension of the rules on January 23, 2017.
    In the 114th Congress, similar legislation was included in 
the House amendment to S. 2012, the North American Energy 
Security and Infrastructure Act of 2016, which passed the House 
of Representatives on May 25, 2016, by a vote of 241-178.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered S. 190 
favorably reported.

                        Committee Recommendation

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

                      Section-by-Section Analysis

Section 1. Short title

    Section 1 provides a short title.

Section 2. Extension of nonapplication of no-load mode energy 
        efficiency standard to certain security or life safety alarm or 
        surveillance systems

    Section 2 (a) amends section 325 of EPCA (42 U.S.C. 6295) 
to provide a six-year extension of the date the Secretary must 
publish a final rule to determine whether EPS standards should 
be amended by eliminating the 2015 deadline and inserting the 
year 2021. This section further amends EPCA to provide a six-
year extension of the manufactured on date by eliminating the 
July 1, 2017 deadline and inserting July 1, 2023.
    Subsection (b) amends section 325 EPCA to extend the 
security or life safety alarm or surveillance system exemption 
for as long as the current EPS efficiency standard is in 
effect, and to provide the Secretary of Energy with the 
regulatory authority to extend the security or life safety 
alarm or surveillance system exemption in any subsequent update 
to the EPS standard.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:
    The Department of Energy (DOE) sets energy efficiency 
standards for external power supplies (EPS), which convert 
power drawn from a wall outlet into lower voltage power that 
can be used directly by certain electronic devices. Under 
current law, EPS designed to provide power to some types of 
alarms and surveillance systems for security or safety are 
exempt from such standards until July 1, 2017. S. 190 would 
permanently exclude such EPS from those standards and authorize 
the Secretary of Energy to treat some or all of those devices 
as a separate product class.
    CBO estimates that enacting S. 190 would have no 
significant effect on the federal budget. Based on information 
from DOE, 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. 190 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 190 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 190 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. 190, 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. 190 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

           *       *       *       *       *       *       *

                     ENERGY CONSERVATION STANDARDS

    Sec. 325. (a) Purposes.--The purposes of this section are 
to--
          (1) provide Federal energy conservation standards 
        applicable to covered products; and
          (2) authorize the Secretary to prescribe amended or 
        new energy conservation standards for each type (or 
        class) of covered product.

           *       *       *       *       *       *       *

    (u) Battery Charger and External Power Supply Electric 
Energy Consumption.--(1)(A) Not later than 18 months after the 
date of enactment of this subsection, the Secretary shall, 
after providing notice and an opportunity for comment, 
prescribe, by rule, definitions and test procedures for the 
power use of battery charges and external power supplies.

           *       *       *       *       *       *       *

    (3) Efficiency Standards for Class A External Power 
Supplies.--

           *       *       *       *       *       *       *

          (D) Amendment of standards.--
                  (i) Final rule by july 1, 2011.--
                          (I) In general.--Not later than July 
                        1, 2011, the Secretary shall publish a 
                        final rule to determine whether the 
                        standards established under 
                        subparagraph (A) should be amended.
                          (II) Administration.--The final rule 
                        shall--
                                  (aa) contain any amended 
                                standards; and
                                  (bb) apply to products 
                                manufactured on or after July 
                                1, 2013.
                  (ii) Final rule by july 1, [2015] 2021._
                          (I) In general.--Not later than July 
                        1, [2015] 2021 the Secretary shall 
                        publish a final rule to determine 
                        whether the standards then in effect 
                        should be amended.
                          (II) Administration.--The final rule 
                        shall--
                                  (aa) contain any amended 
                                standards; and
                                  (bb) apply to products 
                                manufactured on or after July 
                                1, [2017] 2023.
          (E) Nonapplication of no-load mode energy efficiency 
        standards to external power supplies for certain 
        security or life safety alarms or surveillance 
        systems.--
                  (i) Definition of security or life safety 
                alarm or surveillance system.--In this 
                subparagraph:
                          (I) In general.--The term ``security 
                        or life safety alarm or surveillance 
                        system'' means equipment designed and 
                        marketed to perform any of the 
                        following functions (on a continuous 
                        basis):
                                  (aa) Monitor, detect, record, 
                                or provide notification of 
                                intrusion or access to real 
                                property or physical assets or 
                                notification of threats to life 
                                safety.
                                  (bb) Deter or control access 
                                to real property or physical 
                                assets, or prevent the 
                                unauthorized removal of 
                                physical assets.
                                  (cc) Monitor, detect, record, 
                                or provide notification of 
                                fire, gas, smoke, flooding, or 
                                other physical threats to real 
                                property, physical assets, or 
                                life safety.
                          (II) Exclusion.--The term ``security 
                        or life safety alarm or surveillance 
                        system'' does not include any product 
                        with a principal function other than 
                        life safety, security, or surveillance 
                        that--
                                  (aa) is designed and marketed 
                                with a built-in alarm or theft-
                                deterrent feature; or
                                  (bb) does not operate 
                                necessarily and continuously in 
                                active mode.
                  (ii) Nonapplication of no-load mode 
                requirements.--The No-Load Mode energy 
                efficiency standards established by this 
                paragraph shall not apply to an external power 
                supply manufactured before [July 1, 2017] the 
                effective date of the amendment under 
                subparagraph (D)(ii), that--
                          (I) is an AC-to-AC external power 
                        supply;
                          (II) has a nameplate output of 20 
                        watts or more;
                          (III) is certified to the Secretary 
                        as being designed to be connected to a 
                        security or life safety alarm or 
                        surveillance system component; and
                          (IV) on establishment within the 
                        External Power Supply International 
                        Efficiency Marking Protocol, as 
                        referenced in the ``Energy Star Program 
                        Requirements for Single Voltage 
                        External Ac-Dc and Ac-Ac Power 
                        Supplies'', published by the 
                        Environmental Protection Agency, of a 
                        distinguishing mark for products 
                        described in this clause, is 
                        permanently marked with the 
                        distinguishing mark.
                  (iii) Administration.--In carrying out this 
                subparagraph, the Secretary shall--
                          (I) require, with appropriate 
                        safeguard for the protection of 
                        confidential business information, the 
                        submission of unit shipment data on an 
                        annual basis; and
                          (II) restrict the eligibility of 
                        external power supplies for the 
                        exemption provided under this 
                        subparagraph on a finding that a 
                        substantial number of the external 
                        power supplies are being marketed to or 
                        installed in applications other than 
                        security or life safety alarm or 
                        surveillance systems.
                  (iv) Treatment in rule.--In the rule under 
                subparagraph (D)(ii) and subsequent amendments 
                the Secretary may treat some or all external 
                power supplies designed to be connected to a 
                security or life safety alarm or surveillance 
                system as a separate product class or may 
                extend the nonapplication under clause (ii).

           *       *       *       *       *       *       *

                                  [all]
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