II 

112TH CONGRESS 

1ST SESSION S. 156 

To amend the Energy Policy and Conservation Act to provide a uniform 

efficiency descriptor for covered water heaters. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. KOHL (for himself, Mr. CORKER, Mr. ALEXANDER, and Mr. PRYOR) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend the Energy Policy and Conservation Act to provide 

a uniform efficiency descriptor for covered water heaters. 

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 ‘‘Water Heater Rating 

5 Improvement Act of 2011’’. 

6 SEC. 2. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED 

7 WATER HEATERS. 

8 Section 325(e) of the Energy Policy and Conservation 

9 Act (42 U.S.C. 6295(e)) is amended by adding at the end 

10 the following: 

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1 ‘‘(5) UNIFORM EFFICIENCY DESCRIPTOR FOR

2 COVERED WATER HEATERS.— 

3 ‘‘(A) DEFINITIONS.—In this paragraph: 

4 ‘‘(i) COVERED WATER HEATER.—The 

5 term ‘covered water heater’ means— 

6 ‘‘(I) a water heater; and 

7 ‘‘(II) a storage water heater, in8 stantaneous water heater, and unfired 

9 water storage tank (as defined in sec10 tion 340). 

11 ‘‘(ii) FINAL RULE.—The term ‘final 

12 rule’ means the final rule published under 

13 this paragraph. 

14 ‘‘(B) PUBLICATION OF FINAL RULE.—Not 

15 later than 180 days after the date of enactment 

16 of this paragraph, the Secretary shall publish a 

17 final rule that establishes a uniform efficiency 

18 descriptor and accompanying test methods for 

19 covered water heaters. 

20 ‘‘(C) PURPOSE.—The purpose of the final 

21 rule shall be to replace with a uniform effi22 ciency descriptor— 

23 ‘‘(i) the energy factor descriptor for 

24 water heaters established under this sub25 section; and 

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1 ‘‘(ii) the thermal efficiency and stand2 by loss descriptors for storage water heat3 ers, instantaneous water heaters, and 

4 unfired water storage tanks established 

5 under section 342(a)(5). 

6 ‘‘(D) EFFECT OF FINAL RULE.— 

7 ‘‘(i) IN GENERAL.—Notwithstanding 

8 any other provision of this title, effective 

9 beginning on the effective date of the final 

10 rule, the efficiency standard for covered 

11 water heaters shall be denominated accord12 ing to the efficiency descriptor established 

13 by the final rule. 

14 ‘‘(ii) EFFECTIVE DATE.—The final 

15 rule shall take effect 1 year after the date 

16 of publication of the final rule under sub17 paragraph (B). 

18 ‘‘(E) CONVERSION FACTOR.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall develop a mathematical conversion 

21 factor for converting the measurement of 

22 efficiency for covered water heaters from 

23 the test procedures in effect on the date of 

24 enactment of this paragraph to the new 

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1 energy descriptor established under the 

2 final rule. 

3 ‘‘(ii) APPLICATION.—The conversion 

4 factor shall apply to models of covered 

5 water heaters affected by the final rule and 

6 tested prior to the effective date of the 

7 final rule. 

8 ‘‘(iii) EFFECT ON EFFICIENCY RE9 QUIREMENTS.—The conversion factor shall 

10 not affect the minimum efficiency require11 ments for covered water heaters otherwise 

12 established under this title. 

13 ‘‘(iv) USE.—During the period de14 scribed in clause (v), a manufacturer may 

15 apply the conversion factor established by 

16 the Secretary to rerate existing models of 

17 covered water heaters that are in existence 

18 prior to the effective date of the rule de19 scribed in clause (v)(II) to comply with the 

20 new efficiency descriptor. 

21 ‘‘(v) PERIOD.—Subclause (E) shall 

22 apply during the period— 

23 ‘‘(I) beginning on the date of 

24 publication of the conversion factor in 

25 the Federal Register; and 

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1 ‘‘(II) ending on April 16, 2015. 

2 ‘‘(F) EXCLUSIONS.—The final rule may 

3 exclude a specific category of covered water 

4 heaters from the uniform efficiency descriptor 

5 established under this paragraph if the Sec6 retary determines that the category of water 

7 heaters— 

8 ‘‘(i) does not have a residential use 

9 and can be clearly described in the final 

10 rule; and 

11 ‘‘(ii) are effectively rated using the 

12 thermal efficiency and standby loss 

13 descriptors applied (as of the date of en14 actment of this paragraph) to the category 

15 under section 342(a)(5). 

16 ‘‘(G) OPTIONS.—The descriptor set by the 

17 final rule may be— 

18 ‘‘(i) a revised version of the energy 

19 factor descriptor in use as of the date of 

20 enactment of this paragraph; 

21 ‘‘(ii) the thermal efficiency and stand22 by loss descriptors in use as of that date; 

23 ‘‘(iii) a revised version of the thermal 

24 efficiency and standby loss descriptors; 

25 ‘‘(iv) a hybrid of descriptors; or 

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1 ‘‘(v) a new approach. 

2 ‘‘(H) APPLICATION.—The efficiency 

3 descriptor and accompanying test method estab4 lished under the final rule shall apply, to the 

5 maximum extent practicable, to all water heat6 ing technologies in use as of the date of enact7 ment of this paragraph and to future water 

8 heating technologies. 

9 ‘‘(I) PARTICIPATION.—The Secretary shall 

10 invite interested stakeholders to participate in 

11 the rulemaking process used to establish the 

12 final rule. 

13 ‘‘(J) TESTING OF ALTERNATIVE

14 DESCRIPTORS.—In establishing the final rule, 

15 the Secretary shall contract with the National 

16 Institute of Standards and Technology, as nec17 essary, to conduct testing and simulation of al18 ternative descriptors identified for consider19 ation. 

20 ‘‘(K) EXISTING COVERED WATER HEAT21 ERS.—A covered water heater shall be consid22 ered to comply with the final rule on and after 

23 the effective date of the final rule and with any 

24 revised labeling requirements established by the 

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1 Federal Trade Commission to carry out the 

2 final rule if the covered water heater— 

3 ‘‘(i) was manufactured prior to the ef4 fective date of the final rule; and 

5 ‘‘(ii) complied with the efficiency 

6 standards and labeling requirements in ef7 fect prior to the final rule.’’. 

Æ 

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