I 

111TH CONGRESS 

1ST SESSION H. R. 1732 

To amend the Energy Policy and Conservation Act to provide for standards 

for energy efficient outdoor lighting. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2009 

Ms. HARMAN (for herself and Mr. UPTON) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Energy Policy and Conservation Act to provide 

for standards for energy efficient outdoor lighting. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Outdoor Lighting Effi5 ciency Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) Of all the electricity generated in the United 

9 States, 4.4 percent is consumed for outdoor lighting. 


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1 (2) Outdoor lighting represents approximately 

2 20 percent of all electricity consumed for lighting 

3 purposes in the United States. 

4 (3) Efficient outdoor lighting technologies pro5 vide light quality equal or superior to other tech6 nologies in common use today. 

7 (4) Efficient outdoor lighting technologies often 

8 have longer product lifetimes than other technologies 

9 in common use today. 

10 (5) The use of efficient outdoor lighting tech11 nologies will substantially reduce waste and emis12 sions from power generation, and reduce the cost of 

13 electricity used in certain commercial and govern14 ment applications, such as lighting the Nation’s 

15 roadways and parking lots. 

16 SEC. 3. DEFINITIONS. 

17 (a) Section 340(1) of the Energy Policy and Con18 servation Act (42 U.S.C. 6311(1)) is amended by striking 

19 subparagraph (L) and inserting the following: 

20 ‘‘(L) Outdoor luminares. 

21 ‘‘(M) Outdoor high light output lamps. 

22 ‘‘(N) Any other type of industrial equip23 ment which the Secretary classifies as covered 

24 equipment under section 341(b).’’. 


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1 (b) Section 340 of the Energy Policy and Conserva2 tion Act (42 U.S.C. 6311) is amended as adding at the 

3 end the following: 

4 ‘‘(25) The term ‘luminaire’ means a complete 

5 lighting unit consisting of a lamp or lamps, together 

6 with parts designed to distribute the light, to posi7 tion and protect such lamps, and to connect such 

8 lamps to the power supply. 

9 ‘‘(26) The term ‘outdoor luminaire’ means a lu10 minaire that is listed as suitable for wet locations 

11 pursuant to Underwriters Laboratories Inc. stand12 ard UL 1598 and is labeled as ‘Suitable for Wet Lo13 cations’ consistent with section 410.4(A) of the Na14 tional Electrical Code 2005, except for— 

15 ‘‘(A) luminaires designed solely for signs 

16 that cannot be used in general lighting applica17 tions; 

18 ‘‘(B) portable luminaires designed for use 

19 at theatrical and television performance areas 

20 and construction sites; 

21 ‘‘(C) luminaires designed for continuous 

22 immersion in swimming pools and other water 

23 features; 


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1 ‘‘(D) seasonal luminaires incorporating 

2 solely individual lamps rated at 10 watts or 

3 less; 

4 ‘‘(E) luminaires designed solely to be used 

5 in emergency conditions; 

6 ‘‘(F) landscape luminaries, with an inte7 grated photoelectric switch or programmable 

8 time switch, with a nominal voltage of 15 volts 

9 or less; and 

10 ‘‘(G) components used for repair of in11 stalled luminaries. 

12 ‘‘(27) The term ‘outdoor high light output 

13 lamp’ means a lamp that— 

14 ‘‘(A) has a rated lumen output not less 

15 than 2601 lumens and not greater than 35,000 

16 lumens; 

17 ‘‘(B) is capable of being operated at a volt18 age not less than 110 volts and not greater 

19 than 300 volts, or driven at a constant current 

20 of 6.6 amperes; and 

21 ‘‘(C) is not a Parabolic Aluminized Reflec22 tor lamp. 

23 ‘‘(28) The term ‘outdoor lighting control’ means 

24 a device incorporated in a luminaire that receives a 

25 signal, from either a sensor (such as an occupancy 


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1 sensor, motion sensor, or daylight sensor) or an 

2 input signal (including analog or digital signals com3 municated through wired or wireless technology), 

4 and can adjust the light level according to the sig5 nal.’’. 

6 SEC. 4. STANDARDS. 

7 Section 342 of the Energy Policy and Conservation 

8 Act (42 U.S.C. 6313) is amended by adding at the end 

9 the following: 

10 ‘‘(g) OUTDOOR LUMINAIRES.— 

11 ‘‘(1) Each outdoor luminaire manufactured on 

12 or after January 1, 2011, shall have— 

13 ‘‘(A) a lighting efficiency of at least 50 

14 lumens per watt; and 

15 ‘‘(B) a lumen maintenance, calculated as 

16 mean rated lumens divided by initial lumens, of 

17 at least 0.6. 

18 ‘‘(2) Each outdoor luminaire manufactured on 

19 or after January 1, 2013, shall have— 

20 ‘‘(A) a lighting efficiency of at least 70 

21 lumens per watt; and 

22 ‘‘(B) a lumen maintenance, calculated as 

23 mean rated lumens divided by initial lumens, of 

24 at least 0.6. 


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1 ‘‘(3) Each outdoor luminaire manufactured on 

2 or after January 1, 2015, shall have— 

3 ‘‘(A) a lighting efficiency of at least 80 

4 lumens per watt; and 

5 ‘‘(B) a lumen maintenance, calculated as 

6 mean rated lumens divided by initial lumens, of 

7 at least 0.65. 

8 ‘‘(4) In addition to the requirements of para9 graphs (1) through (3), each outdoor luminaire man10 ufactured on or after January 1, 2011, shall have 

11 the capability of producing at least two different 

12 light levels, including 100 percent and 60 percent of 

13 full lamp output. 

14 ‘‘(5)(A) Not later than January 1, 2017, the 

15 Secretary shall issue a final rule amending the appli16 cable standards established in paragraphs (3) and 

17 (4) if technologically feasible and economically justi18 fied. Such a final rule shall be effective no later than 

19 January 1, 2020. 

20 ‘‘(B) A final rule issued under subparagraph 

21 (A) shall establish efficiency standards at the max22 imum level that is technically feasible and economi23 cally justified, as provided in subsections (o) and (p) 

24 of section 325. The Secretary may also, in such rule25 making, amend or discontinue the product exclusions 


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1 listed in section 340(23)(A) through (G), or amend 

2 the lumen maintenance requirements in paragraph 

3 (3) if he determines that such amendments are con4 sistent with the purposes of this Act. 

5 ‘‘(C) If the Secretary issues a final rule under 

6 subparagraph (A) establishing amended standards, 

7 the final rule shall provide that the amended stand8 ards apply to products manufactured on or after 

9 January 1, 2020, or one year after the date on 

10 which the final amended standard is published, 

11 whichever is later. 

12 ‘‘(h) OUTDOOR HIGH LIGHT OUTPUT LAMPS.—Each 

13 outdoor high light output lamp manufactured on or after 

14 January 1, 2012, shall have a lighting efficiency of at least 

15 45 lumens per watt.’’. 

16 SEC. 5. TEST PROCEDURES. 

17 Section 343(a) of the Energy Policy and Conserva18 tion Act (42 U.S.C. 6314(a)) is amended by adding at 

19 the end the following: 

20 ‘‘(10) OUTDOOR LIGHTING.— 

21 ‘‘(A) With respect to outdoor luminaries 

22 and outdoor high light output lamps, the test 

23 procedures shall be based upon the test proce24 dures specified in Illuminating Engineering So25 ciety procedure LM–79 as of March 1, 2009, 


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1 and/or other appropriate consensus test proce2 dures developed by the Illuminating Engineer3 ing Society or other appropriate consensus 

4 standards bodies. 

5 ‘‘(B) If Illuminating Engineering Society 

6 procedure LM–79 is amended, the Secretary 

7 shall amend the test procedures established in 

8 subparagraph (A) as necessary to be consistent 

9 with the amended LM–79 test procedure, unless 

10 the Secretary determines, by rule, published in 

11 the Federal Register and supported by clear 

12 and convincing evidence, that to do so would 

13 not meet the requirements for test procedures 

14 under paragraph (2). 

15 ‘‘(C) The Secretary may revise the test 

16 procedures for outdoor luminaries or outdoor 

17 high light output lamps by rule consistent with 

18 paragraph (2), and may incorporate as appro19 priate consensus test procedures developed by 

20 the Illuminating Engineering Society or other 

21 appropriate consensus standards bodies.’’. 

22 SEC. 6. PREEMPTION. 

23 Section 345 of the Energy Policy and Conservation 

24 Act (42 U.S.C. 6316) is amended by adding at the end 

25 the following: 


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1 ‘‘(i)(1) Except as provided in paragraph (2), section 

2 327 shall apply to outdoor luminaries to the same extent 

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

4 B. 

5 ‘‘(2) Any State standard that is adopted on or before 

6 January 1, 2015, pursuant to a statutory requirement to 

7 adopt efficiency standards for reducing outdoor lighting 

8 energy use enacted prior to January, 31, 2008, shall not 

9 be preempted.’’. 

Æ 


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