In the Senate of the United States, 

September 22 (legislative day, September 21), 2012. 

Resolved, That the bill from the House of Representatives (H.R. 4850) entitled ‘‘An Act to allow for innovations 

and alternative technologies that meet or exceed desired energy efficiency goals.’’, do pass with the following 

AMENDMENT: 

At the end of the bill, add the following: 

1 SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED 

2 WATER HEATERS. 

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

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

5 the following: 

6 ‘‘(5) UNIFORM EFFICIENCY DESCRIPTOR FOR

7 COVERED WATER HEATERS.— 

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

9 ‘‘(i) COVERED WATER HEATER.—The 

10 term ‘covered water heater’ means— 

11 ‘‘(I) a water heater; and 
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1 ‘‘(II) a storage water heater, in2 stantaneous water heater, and unfired 

3 water storage tank (as defined in sec4 tion 340). 

5 ‘‘(ii) FINAL RULE.—The term ‘final 

6 rule’ means the final rule published under 

7 this paragraph. 

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

9 later than 180 days after the date of enactment 

10 of this paragraph, the Secretary shall publish a 

11 final rule that establishes a uniform efficiency 

12 descriptor and accompanying test methods for 

13 covered water heaters. 

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

15 rule shall be to replace with a uniform efficiency 

16 descriptor— 

17 ‘‘(i) the energy factor descriptor for 

18 water heaters established under this sub19 section; and 

20 ‘‘(ii) the thermal efficiency and stand21 by loss descriptors for storage water heaters, 

22 instantaneous water heaters, and unfired 

23 water storage tanks established under sec24 tion 342(a)(5). 

25 ‘‘(D) EFFECT OF FINAL RULE.— 
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1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of this title, effective be3 ginning on the effective date of the final 

4 rule, the efficiency standard for covered 

5 water heaters shall be denominated accord6 ing to the efficiency descriptor established 

7 by the final rule. 

8 ‘‘(ii) EFFECTIVE DATE.—The final rule 

9 shall take effect 1 year after the date of pub10 lication of the final rule under subpara11 graph (B). 

12 ‘‘(E) CONVERSION FACTOR.— 

13 ‘‘(i) IN GENERAL.—The Secretary shall 

14 develop a mathematical conversion factor 

15 for converting the measurement of efficiency 

16 for covered water heaters from the test pro17 cedures in effect on the date of enactment of 

18 this paragraph to the new energy descriptor 

19 established under the final rule. 

20 ‘‘(ii) APPLICATION.—The conversion 

21 factor shall apply to models of covered 

22 water heaters affected by the final rule and 

23 tested prior to the effective date of the final 

24 rule. 
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1 ‘‘(iii) EFFECT ON EFFICIENCY RE2 QUIREMENTS.—The conversion factor shall 

3 not affect the minimum efficiency require4 ments for covered water heaters otherwise 

5 established under this title. 

6 ‘‘(iv) USE.—During the period de7 scribed in clause (v), a manufacturer may 

8 apply the conversion factor established by 

9 the Secretary to rerate existing models of 

10 covered water heaters that are in existence 

11 prior to the effective date of the rule de12 scribed in clause (v)(II) to comply with the 

13 new efficiency descriptor. 

14 ‘‘(v) PERIOD.—Subclause (E) shall 

15 apply during the period— 

16 ‘‘(I) beginning on the date of pub17 lication of the conversion factor in the 

18 Federal Register; and 

19 ‘‘(II) ending on April 16, 2015. 

20 ‘‘(F) EXCLUSIONS.—The final rule may ex21 clude a specific category of covered water heaters 

22 from the uniform efficiency descriptor established 

23 under this paragraph if the Secretary determines 

24 that the category of water heaters— 
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1 ‘‘(i) does not have a residential use 

2 and can be clearly described in the final 

3 rule; and 

4 ‘‘(ii) are effectively rated using the 

5 thermal efficiency and standby loss 

6 descriptors applied (as of the date of enact7 ment of this paragraph) to the category 

8 under section 342(a)(5). 

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

10 final rule may be— 

11 ‘‘(i) a revised version of the energy fac12 tor descriptor in use as of the date of enact13 ment of this paragraph; 

14 ‘‘(ii) the thermal efficiency and stand15 by loss descriptors in use as of that date; 

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

17 efficiency and standby loss descriptors; 

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

19 ‘‘(v) a new approach. 

20 ‘‘(H) APPLICATION.—The efficiency 

21 descriptor and accompanying test method estab22 lished under the final rule shall apply, to the 

23 maximum extent practicable, to all water heat24 ing technologies in use as of the date of enact-
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1 ment of this paragraph and to future water heat2 ing technologies. 

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

4 invite interested stakeholders to participate in 

5 the rulemaking process used to establish the final 

6 rule. 

7 ‘‘(J) TESTING OF ALTERNATIVE

8 DESCRIPTORS.—In establishing the final rule, 

9 the Secretary shall contract with the National 

10 Institute of Standards and Technology, as nec11 essary, to conduct testing and simulation of al12 ternative descriptors identified for consideration. 

13 ‘‘(K) EXISTING COVERED WATER HEAT14 ERS.—A covered water heater shall be considered 

15 to comply with the final rule on and after the ef16 fective date of the final rule and with any re17 vised labeling requirements established by the 

18 Federal Trade Commission to carry out the final 

19 rule if the covered water heater— 

20 ‘‘(i) was manufactured prior to the ef21 fective date of the final rule; and 

22 ‘‘(ii) complied with the efficiency 

23 standards and labeling requirements in ef24 fect prior to the final rule.’’. 
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1 SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, 

2 MEDIUM TEMPERATURE COMMERCIAL RE3 FRIGERATORS. 

4 Section 342(c) of the Energy Policy and Conservation 

5 Act (42 U.S.C. 6313(c)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by redesignating subparagraph (C) as 

8 subparagraph (E); and 

9 (B) by inserting after subparagraph (B) the 

10 following: 

11 ‘‘(C) The term ‘service over the counter, self12 contained, medium temperature commercial re13 frigerator’ or ‘(SOC–SC–M)’ means a medium 

14 temperature commercial refrigerator— 

15 ‘‘(i) with a self-contained condensing 

16 unit and equipped with sliding or hinged 

17 doors in the back intended for use by sales 

18 personnel, and with glass or other trans19 parent material in the front for displaying 

20 merchandise; and 

21 ‘‘(ii) that has a height not greater than 

22 66 inches and is intended to serve as a 

23 counter for transactions between sales per24 sonnel and customers. 
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1 ‘‘(D) The term ‘TDA’ means the total display area (ft2 2 ) of the refrigerated case, as defined 

3 in AHRI Standard 1200.’’; 

4 (2) by redesignating paragraphs (4) and (5) as 

5 paragraphs (5) and (6), respectively; and 

6 (3) by inserting after paragraph (3) the fol7 lowing: 

8 ‘‘(4) Each SOC–SC–M manufactured on or after 

9 January 1, 2012, shall have a total daily energy con10 sumption (in kilowatt hours per day) of not more 

11 than 0.6 x TDA + 1.0.’’. 

12 SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMIN13 ISTRATIVE CHANGES. 

14 (a) THROUGH-THE-WALL CENTRAL AIR CONDI15 TIONERS, THROUGH-THE-WALL CENTRAL AIR CONDI16 TIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOCITY

17 SYSTEMS.—Section 325(d) of the Energy Policy and Con18 servation Act (42 U.S.C. 6295(d)) is amended by adding 

19 at the end the following: 

20 ‘‘(4) STANDARDS FOR THROUGH-THE-WALL CEN21 TRAL AIR CONDITIONERS, THROUGH-THE-WALL CEN22 TRAL AIR CONDITIONING HEAT PUMPS, AND SMALL

23 DUCT, HIGH VELOCITY SYSTEMS.— 

24 ‘‘(A) DEFINITIONS.—In this paragraph: 
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1 ‘‘(i) SMALL DUCT, HIGH VELOCITY SYS2 TEM.—The term ‘small duct, high velocity 

3 system’ means a heating and cooling prod4 uct that contains a blower and indoor coil 

5 combination that— 

6 ‘‘(I) is designed for, and produces, 

7 at least 1.2 inches of external static 

8 pressure when operated at the certified 

9 air volume rate of 220–350 CFM per 

10 rated ton of cooling; and 

11 ‘‘(II) when applied in the field, 

12 uses high velocity room outlets gen13 erally greater than 1,000 fpm that 

14 have less than 6.0 square inches of free 

15 area. 

16 ‘‘(ii) THROUGH-THE-WALL CENTRAL

17 AIR CONDITIONER; THROUGH-THE-WALL

18 CENTRAL AIR CONDITIONING HEAT PUMP.— 

19 The terms ‘through-the-wall central air con20 ditioner’ and ‘through-the-wall central air 

21 conditioning heat pump’ mean a central air 

22 conditioner or heat pump, respectively, that 

23 is designed to be installed totally or par24 tially within a fixed-size opening in an ex25 terior wall, and— 
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† HR 4850 EAS 

1 ‘‘(I) is not weatherized; 

2 ‘‘(II) is clearly and permanently 

3 marked for installation only through 

4 an exterior wall; 

5 ‘‘(III) has a rated cooling capac6 ity no greater than 30,000 Btu/hr; 

7 ‘‘(IV) exchanges all of its outdoor 

8 air across a single surface of the equip9 ment cabinet; and 

10 ‘‘(V) has a combined outdoor air 

11 exchange area of less than 800 square 

12 inches (split systems) or less than 

13 1,210 square inches (single packaged 

14 systems) as measured on the surface 

15 area described in subclause (IV). 

16 ‘‘(iii) REVISION.—The Secretary may 

17 revise the definitions contained in this sub18 paragraph through publication of a final 

19 rule. 

20 ‘‘(B) SMALL-DUCT HIGH-VELOCITY SYS21 TEMS.— 

22 ‘‘(i) SEASONAL ENERGY EFFICIENCY

23 RATIO.—The seasonal energy efficiency 

24 ratio for small-duct high-velocity systems 

25 shall be not less than— 
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1 ‘‘(I) 11.00 for products manufac2 tured on or after January 23, 2006; 

3 and 

4 ‘‘(II) 12.00 for products manufac5 tured on or after January 1, 2015. 

6 ‘‘(ii) HEATING SEASONAL PERFORM7 ANCE FACTOR.—The heating seasonal per8 formance factor for small-duct high-velocity 

9 systems shall be not less than— 

10 ‘‘(I) 6.8 for products manufac11 tured on or after January 23, 2006; 

12 and 

13 ‘‘(II) 7.2 for products manufac14 tured on or after January 1, 2015. 

15 ‘‘(C) SUBSEQUENT RULEMAKINGS.—The 

16 Secretary shall conduct subsequent rulemakings 

17 for through-the-wall central air conditioners, 

18 through-the-wall central air conditioning heat 

19 pumps, and small duct, high velocity systems as 

20 part of any rulemaking under this section used 

21 to review or revise standards for other central 

22 air conditioners and heat pumps.’’. 

23 (b) DUTY TO REVIEW COMMERCIAL EQUIPMENT.— 

24 Section 342(a)(6) of the Energy Policy and Conservation 

25 Act (42 U.S.C. 6313(a)(6)) is amended— 
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1 (1) in subparagraph (A)(i), by inserting ‘‘the 

2 standard levels or design requirements applicable 

3 under that standard to’’ immediately before ‘‘any 

4 small commercial’’; and 

5 (2) in subparagraph (C)— 

6 (A) in clause (i)— 

7 (i) by striking ‘‘Not later than 6 years 

8 after issuance of any final rule establishing 

9 or amending a standard, as required for a 

10 product under this part,’’ and inserting 

11 ‘‘Every 6 years,’’; and 

12 (ii) by inserting after ‘‘the Secretary 

13 shall’’ the following: ‘‘conduct an evaluation 

14 of each class of covered equipment and 

15 shall’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(vi) For any covered equipment as to 

18 which more than 6 years has elapsed since 

19 the issuance of the most recent final rule es20 tablishing or amending a standard for the 

21 product as of the date of enactment of this 

22 clause, the first notice required under clause 

23 (i) shall be published by December 31, 

24 2013.’’. 
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1 (c) PETITION FOR AMENDED STANDARDS.—Section 

2 325(n) of the Energy Policy and Conservation Act (42 

3 U.S.C. 6295(n)) is amended— 

4 (1) by redesignating paragraph (3) as para5 graph (5); and 

6 (2) by inserting after paragraph (2) the fol7 lowing: 

8 ‘‘(3) NOTICE OF DECISION.—Not later than 180 

9 days after the date of receiving a petition, the Sec10 retary shall publish in the Federal Register a notice 

11 of, and explanation for, the decision of the Secretary 

12 to grant or deny the petition. 

13 ‘‘(4) NEW OR AMENDED STANDARDS.—Not later 

14 than 3 years after the date of granting a petition for 

15 new or amended standards, the Secretary shall pub16 lish in the Federal Register— 

17 ‘‘(A) a final rule that contains the new or 

18 amended standards; or 

19 ‘‘(B) a determination that no new or 

20 amended standards are necessary.’’. 

21 SEC. 6. TECHNICAL CORRECTIONS. 

22 (a) TITLE III OF ENERGY INDEPENDENCE AND SECU23 RITY ACT OF 2007—ENERGY SAVINGS THROUGH IM24 PROVED STANDARDS FOR APPLIANCES AND LIGHTING.— 
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1 (1) Section 325(u) of the Energy Policy and 

2 Conservation Act (42 U.S.C. 6295(u)) (as amended by 

3 section 301(c) of the Energy Independence and Secu4 rity Act of 2007 (121 Stat. 1550)) is amended— 

5 (A) by redesignating paragraph (7) as 

6 paragraph (4); and 

7 (B) in paragraph (4) (as so redesignated), 

8 by striking ‘‘supplies is’’ and inserting ‘‘supply 

9 is’’. 

10 (2) Section 302(b) of the Energy Independence 

11 and Security Act of 2007 (121 Stat. 1551) is amend12 ed by striking ‘‘6313(a)’’ and inserting ‘‘6314(a)’’. 

13 (3) Section 342(a)(6) of the Energy Policy and 

14 Conservation Act (42 U.S.C. 6313(a)(6)) (as amended 

15 by section 305(b)(2) of the Energy Independence and 

16 Security Act of 2007 (121 Stat. 1554)) is amended— 

17 (A) in subparagraph (B)— 

18 (i) by striking ‘‘If the Secretary’’ and 

19 inserting the following: 

20 ‘‘(i) IN GENERAL.—If the Secretary’’; 

21 (ii) by striking ‘‘clause (ii)(II)’’ and 

22 inserting ‘‘subparagraph (A)(ii)(II)’’; 

23 (iii) by striking ‘‘clause (i)’’ and in24 serting ‘‘subparagraph (A)(i)’’; and 

25 (iv) by adding at the end the following: 
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† HR 4850 EAS 

1 ‘‘(ii) FACTORS.—In deter2 mining whether a standard is eco3 nomically justified for the pur4 poses of subparagraph (A)(ii)(II), 

5 the Secretary shall, after receiving 

6 views and comments furnished 

7 with respect to the proposed 

8 standard, determine whether the 

9 benefits of the standard exceed the 

10 burden of the proposed standard 

11 by, to the maximum extent prac12 ticable, considering— 

13 ‘‘(I) the economic impact of the 

14 standard on the manufacturers and on 

15 the consumers of the products subject to 

16 the standard; 

17 ‘‘(II) the savings in operating 

18 costs throughout the estimated average 

19 life of the product in the type (or class) 

20 compared to any increase in the price 

21 of, or in the initial charges for, or 

22 maintenance expenses of, the products 

23 that are likely to result from the impo24 sition of the standard; 
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1 ‘‘(III) the total projected quantity 

2 of energy savings likely to result di3 rectly from the imposition of the stand4 ard; 

5 ‘‘(IV) any lessening of the utility 

6 or the performance of the products like7 ly to result from the imposition of the 

8 standard; 

9 ‘‘(V) the impact of any lessening 

10 of competition, as determined in writ11 ing by the Attorney General, that is 

12 likely to result from the imposition of 

13 the standard; 

14 ‘‘(VI) the need for national energy 

15 conservation; and 

16 ‘‘(VII) other factors the Secretary 

17 considers relevant. 

18 ‘‘(iii) ADMINISTRATION.— 

19 ‘‘(I) ENERGY USE AND EFFI20 CIENCY.—The Secretary may not pre21 scribe any amended standard under 

22 this paragraph that increases the max23 imum allowable energy use, or de24 creases the minimum required energy 

25 efficiency, of a covered product. 
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1 ‘‘(II) UNAVAILABILITY.— 

2 ‘‘(aa) IN GENERAL.—The 

3 Secretary may not prescribe an 

4 amended standard under this sub5 paragraph if the Secretary finds 

6 (and publishes the finding) that 

7 interested persons have established 

8 by a preponderance of the evi9 dence that a standard is likely to 

10 result in the unavailability in the 

11 United States in any product 

12 type (or class) of performance 

13 characteristics (including reli14 ability, features, sizes, capacities, 

15 and volumes) that are substan16 tially the same as those generally 

17 available in the United States at 

18 the time of the finding of the Sec19 retary. 

20 ‘‘(bb) OTHER TYPES OR

21 CLASSES.—The failure of some 

22 types (or classes) to meet the cri23 terion established under this sub24 clause shall not affect the deter25 mination of the Secretary on 
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1 whether to prescribe a standard 

2 for the other types or classes.’’; 

3 and 

4 (B) in subparagraph (C)(iv), by striking 

5 ‘‘An amendment prescribed under this sub6 section’’ and inserting ‘‘Notwithstanding sub7 paragraph (D), an amendment prescribed under 

8 this subparagraph’’. 

9 (4) Section 342(a)(6)(B)(iii) of the Energy Pol10 icy and Conservation Act (as added by section 306(c) 

11 of the Energy Independence and Security Act of 2007 

12 (121 Stat. 1559)) is transferred and redesignated as 

13 clause (vi) of section 342(a)(6)(C) of the Energy Pol14 icy and Conservation Act (as amended by section 

15 305(b)(2) of the Energy Independence and Security 

16 Act of 2007 (121 Stat. 1554)). 

17 (5) Section 345 of the Energy Policy and Con18 servation Act (42 U.S.C. 6316) (as amended by sec19 tion 312(e) of the Energy Independence and Security 

20 Act of 2007 (121 Stat. 1567)) is amended— 

21 (A) by striking ‘‘subparagraphs (B) through 

22 (G)’’ each place it appears and inserting ‘‘sub23 paragraphs (B), (C), (D), (I), (J), and (K)’’; 

24 (B) by striking ‘‘part A’’ each place it ap25 pears and inserting ‘‘part B’’; and 
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1 (C) in subsection (a)— 

2 (i) in paragraph (8), by striking 

3 ‘‘and’’ at the end; 

4 (ii) in paragraph (9), by striking the 

5 period at the end and inserting ‘‘; and’’; 

6 and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(10) section 327 shall apply with respect to the 

10 equipment described in section 340(1)(L) beginning 

11 on the date on which a final rule establishing an en12 ergy conservation standard is issued by the Secretary, 

13 except that any State or local standard prescribed or 

14 enacted for the equipment before the date on which the 

15 final rule is issued shall not be preempted until the 

16 energy conservation standard established by the Sec17 retary for the equipment takes effect.’’; 

18 (D) in subsection (b)(1), by striking ‘‘sec19 tion 325(p)(5)’’ and inserting ‘‘section 

20 325(p)(4)’’; and 

21 (E) in subsection (h)(3), by striking ‘‘sec22 tion 342(f)(3)’’ and inserting ‘‘section 342(f)(4)’’. 

23 (6) Section 321(30)(D)(i)(III) of the Energy Pol24 icy and Conservation Act (42 U.S.C. 

25 6291(30)(D)(i)(III)) (as amended by section 
20 

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1 321(a)(1)(A) of the Energy Independence and Secu2 rity Act of 2007 (121 Stat. 1574)) is amended by in3 serting before the semicolon the following: ‘‘or, in the 

4 case of a modified spectrum lamp, not less than 232 

5 lumens and not more than 1,950 lumens’’. 

6 (7) Section 321(30)(T) of the Energy Policy and 

7 Conservation Act (42 U.S.C. 6291(30)(T)) (as amend8 ed by section 321(a)(1)(B) of the Energy Independ9 ence and Security Act of 2007 (121 Stat. 1574)) is 

10 amended— 

11 (A) in clause (i)— 

12 (i) by striking the comma after ‘‘house13 hold appliance’’ and inserting ‘‘and’’; and 

14 (ii) by striking ‘‘and is sold at retail,’’; 

15 and 

16 (B) in clause (ii), by inserting ‘‘when sold 

17 at retail,’’ before ‘‘is designated’’. 

18 (8) Section 325(l)(4)(A) of the Energy Policy 

19 and Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as 

20 amended by section 321(a)(3)(B) of the Energy Inde21 pendence and Security Act of 2007 (121 Stat. 1581)) 

22 is amended by striking ‘‘only’’. 

23 (9) Section 327(b)(1)(B) of the Energy Policy 

24 and Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as 

25 amended by section 321(d)(3) of the Energy Inde-
21 

† HR 4850 EAS 

1 pendence and Security Act of 2007 (121 Stat. 1585)) 

2 is amended— 

3 (A) in clause (i), by inserting ‘‘and’’ after 

4 the semicolon at the end; 

5 (B) in clause (ii), by striking ‘‘; and’’ and 

6 inserting a period; and 

7 (C) by striking clause (iii). 

8 (10) Section 321(30)(C)(ii) of the Energy Policy 

9 and Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as 

10 amended by section 322(a)(1)(B) of the Energy Inde11 pendence and Security Act of 2007 (121 Stat. 1587)) 

12 is amended by inserting a period after ‘‘40 watts or 

13 higher’’. 

14 (11) Section 322(b) of the Energy Independence 

15 and Security Act of 2007 (121 Stat. 1588) is amend16 ed by striking ‘‘6995(i)’’ and inserting ‘‘6295(i)’’. 

17 (12) Section 325(b) of the Energy Independence 

18 and Security Act of 2007 (121 Stat. 1596) is amend19 ed by striking ‘‘6924(c)’’ and inserting ‘‘6294(c)’’. 

20 (13) This subsection and the amendments made 

21 by this subsection take effect as if included in the En22 ergy Independence and Security Act of 2007 (Public 

23 Law 110–140; 121 Stat. 1492). 

24 (b) ENERGY POLICY ACT OF 2005.— 
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1 (1) Section 325(g)(8)(C)(ii) of the Energy Policy 

2 and Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) 

3 (as added by section 135(c)(2)(B) of the Energy Pol4 icy Act of 2005) is amended by striking ‘‘20F’’ and 

5 inserting ‘‘20°F’’. 

6 (2) This subsection and the amendment made by 

7 this subsection take effect as if included in the Energy 

8 Policy Act of 2005 (Public Law 109–58; 119 Stat. 

9 594). 

10 (c) ENERGY POLICY AND CONSERVATION ACT.— 

11 (1) Section 340(2)(B) of the Energy Policy and 

12 Conservation Act (42 U.S.C. 6311(2)(B)) is amend13 ed— 

14 (A) in clause (xi), by striking ‘‘and’’ at the 

15 end; 

16 (B) in clause (xii), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(xiii) other motors.’’. 

20 (2) Section 343(a) of the Energy Policy and 

21 Conservation Act (42 U.S.C. 6314(a)) is amended by 

22 striking ‘‘Air-Conditioning and Refrigeration Insti23 tute’’ each place it appears in paragraphs (4)(A) and 

24 (7) and inserting ‘‘Air-Conditioning, Heating, and 

25 Refrigeration Institute’’. 
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1 TITLE II—INDUSTRIAL ENERGY 

2 EFFICIENCY 

3 SEC. 201. COORDINATION OF RESEARCH AND DEVELOP4 MENT OF ENERGY EFFICIENT TECHNOLOGIES 

5 FOR INDUSTRY. 

6 (a) IN GENERAL.—As part of the research and develop7 ment activities of the Industrial Technologies Program of 

8 the Department of Energy, the Secretary of Energy (re9 ferred to in this title as the ‘‘Secretary’’) shall establish, 

10 as appropriate, collaborative research and development 

11 partnerships with other programs within the Office of En12 ergy Efficiency and Renewable Energy (including the 

13 Building Technologies Program), the Office of Electricity 

14 Delivery and Energy Reliability, and the Office of Science 

15 that— 

16 (1) leverage the research and development exper17 tise of those programs to promote early stage energy 

18 efficiency technology development; 

19 (2) support the use of innovative manufacturing 

20 processes and applied research for development, dem21 onstration, and commercialization of new technologies 

22 and processes to improve efficiency (including im23 provements in efficient use of water), reduce emis24 sions, reduce industrial waste, and improve indus25 trial cost-competitiveness; and 
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1 (3) apply the knowledge and expertise of the In2 dustrial Technologies Program to help achieve the 

3 program goals of the other programs. 

4 (b) REPORTS.—Not later than 2 years after the date 

5 of enactment of this Act and biennially thereafter, the Sec6 retary shall submit to Congress a report that describes ac7 tions taken to carry out subsection (a) and the results of 

8 those actions. 

9 SEC. 202. REDUCING BARRIERS TO THE DEPLOYMENT OF 

10 INDUSTRIAL ENERGY EFFICIENCY. 

11 (a) DEFINITIONS.—In this section: 

12 (1) INDUSTRIAL ENERGY EFFICIENCY.—The term 

13 ‘‘industrial energy efficiency’’ means the energy effi14 ciency derived from commercial technologies and 

15 measures to improve energy efficiency or to generate 

16 or transmit electric power and heat, including electric 

17 motor efficiency improvements, demand response, di18 rect or indirect combined heat and power, and waste 

19 heat recovery. 

20 (2) INDUSTRIAL SECTOR.—The term ‘‘industrial 

21 sector’’ means any subsector of the manufacturing sec22 tor (as defined in North American Industry Classi23 fication System codes 31-33 (as in effect on the date 

24 of enactment of this Act)) establishments of which 

25 have, or could have, thermal host facilities with elec-
25 

† HR 4850 EAS 

1 tricity requirements met in whole, or in part, by on2 site electricity generation, including direct and indi3 rect combined heat and power or waste recovery. 

4 (b) REPORT ON THE DEPLOYMENT OF INDUSTRIAL

5 ENERGY EFFICIENCY.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of this Act, the Secretary shall 

8 submit to the Committee on Energy and Commerce of 

9 the House of Representatives and the Committee on 

10 Energy and Natural Resources of the Senate a report 

11 describing— 

12 (A) the results of the study conducted under 

13 paragraph (2); and 

14 (B) recommendations and guidance devel15 oped under paragraph (3). 

16 (2) STUDY.—The Secretary, in coordination 

17 with the industrial sector, shall conduct a study of the 

18 following: 

19 (A) The legal, regulatory, and economic 

20 barriers to the deployment of industrial energy 

21 efficiency in all electricity markets (including 

22 organized wholesale electricity markets, and reg23 ulated electricity markets), including, as appli24 cable, the following: 
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1 (i) Transmission and distribution 

2 interconnection requirements. 

3 (ii) Standby, back-up, and mainte4 nance fees (including demand ratchets). 

5 (iii) Exit fees. 

6 (iv) Life of contract demand ratchets. 

7 (v) Net metering. 

8 (vi) Calculation of avoided cost rates. 

9 (vii) Power purchase agreements. 

10 (viii) Energy market structures. 

11 (ix) Capacity market structures. 

12 (x) Other barriers as may be identified 

13 by the Secretary, in coordination with the 

14 industrial sector. 

15 (B) Examples of — 

16 (i) successful State and Federal poli17 cies that resulted in greater use of indus18 trial energy efficiency; 

19 (ii) successful private initiatives that 

20 resulted in greater use of industrial energy 

21 efficiency; and 

22 (iii) cost-effective policies used by for23 eign countries to foster industrial energy ef24 ficiency. 
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1 (C) The estimated economic benefits to the 

2 national economy of providing the industrial 

3 sector with Federal energy efficiency matching 

4 grants of $5,000,000,000 for 5- and 10-year peri5 ods, including benefits relating to— 

6 (i) estimated energy and emission re7 ductions; 

8 (ii) direct and indirect jobs saved or 

9 created; 

10 (iii) direct and indirect capital invest11 ment; 

12 (iv) the gross domestic product; and 

13 (v) trade balance impacts. 

14 (D) The estimated energy savings available 

15 from increased use of recycled material in en16 ergy-intensive manufacturing processes. 

17 (3) RECOMMENDATIONS AND GUIDANCE.—The 

18 Secretary, in coordination with the industrial sector, 

19 shall develop policy recommendations regarding the 

20 deployment of industrial energy efficiency, including 

21 proposed regulatory guidance to States and relevant 

22 Federal agencies to address barriers to deployment. 
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1 SEC. 203. STUDY OF ADVANCED ENERGY TECHNOLOGY 

2 MANUFACTURING CAPABILITIES IN THE 

3 UNITED STATES. 

4 (a) IN GENERAL.—Not later than 60 days after the 

5 date of enactment of this Act, the Secretary shall enter into 

6 an arrangement with the National Academy of Sciences 

7 under which the Academy shall conduct a study of the devel8 opment of advanced manufacturing capabilities for various 

9 energy technologies, including— 

10 (1) an assessment of the manufacturing supply 

11 chains of established and emerging industries; 

12 (2) an analysis of— 

13 (A) the manner in which supply chains 

14 have changed over the 25-year period ending on 

15 the date of enactment of this Act; 

16 (B) current trends in supply chains; and 

17 (C) the energy intensity of each part of the 

18 supply chain and opportunities for improve19 ment; 

20 (3) for each technology or manufacturing sector, 

21 an analysis of which sections of the supply chain are 

22 critical for the United States to retain or develop to 

23 be competitive in the manufacturing of the technology; 

24 (4) an assessment of which emerging energy tech25 nologies the United States should focus on to create or 

26 enhance manufacturing capabilities; and 
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1 (5) recommendations on leveraging the expertise 

2 of energy efficiency and renewable energy user facili3 ties so that best materials and manufacturing prac4 tices are designed and implemented. 

5 (b) REPORT.—Not later than 2 years after the date 

6 on which the Secretary enters into the agreement with the 

7 Academy described in subsection (a), the Academy shall 

8 submit to the Committee on Energy and Natural Resources 

9 of the Senate, the Committee on Energy and Commerce of 

10 the House of Representatives, and the Secretary a report 

11 describing the results of the study required under this sec12 tion, including any findings and recommendations. 

13 SEC. 204. INDUSTRIAL TECHNOLOGIES STEERING COM14 MITTEE. 

15 The Secretary shall establish an advisory steering com16 mittee that includes national trade associations rep17 resenting energy-intensive industries or energy service pro18 viders to provide recommendations to the Secretary on 

19 planning and implementation of the Industrial Tech20 nologies Program of the Department of Energy. 

21 TITLE III—FEDERAL AGENCY 

22 ENERGY EFFICIENCY 

23 SEC. 301. AVAILABILITY OF FUNDS FOR DESIGN UPDATES. 

24 Section 3307 of title 40, United States Code, is amend25 ed— 
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1 (1) by redesignating subsections (d) through (h) 

2 as subsections (e) through (i), respectively; and 

3 (2) by inserting after subsection (c) the fol4 lowing: 

5 ‘‘(d) AVAILABILITY OF FUNDS FOR DESIGN UP6 DATES.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), for 

8 any project for which congressional approval is re9 ceived under subsection (a) and for which the design 

10 has been substantially completed but construction has 

11 not begun, the Administrator of General Services may 

12 use appropriated funds to update the project design 

13 to meet applicable Federal building energy efficiency 

14 standards established under section 305 of the Energy 

15 Conservation and Production Act (42 U.S.C. 6834) 

16 and other requirements established under section 

17 3312. 

18 ‘‘(2) LIMITATION.—The use of funds under para19 graph (1) shall not exceed 125 percent of the esti20 mated energy or other cost savings associated with the 

21 updates as determined by a life-cycle cost analysis 

22 under section 544 of the National Energy Conserva23 tion Policy Act (42 U.S.C. 8254).’’. 
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1 SEC. 302. BEST PRACTICES FOR ADVANCED METERING. 

2 Section 543(e) of the National Energy Conservation 

3 Policy Act (42 U.S.C. 8253(e) is amended by striking para4 graph (3) and inserting the following: 

5 ‘‘(3) PLAN.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date on which guidelines are es8 tablished under paragraph (2), in a report sub9 mitted by the agency under section 548(a), each 

10 agency shall submit to the Secretary a plan de11 scribing the manner in which the agency will 

12 implement the requirements of paragraph (1), 

13 including— 

14 ‘‘(i) how the agency will designate per15 sonnel primarily responsible for achieving 

16 the requirements; and 

17 ‘‘(ii) a demonstration by the agency, 

18 complete with documentation, of any find19 ing that advanced meters or advanced me20 tering devices (as those terms are used in 

21 paragraph (1)), are not practicable. 

22 ‘‘(B) UPDATES.—Reports submitted under 

23 subparagraph (A) shall be updated annually. 

24 ‘‘(4) BEST PRACTICES REPORT.— 

25 ‘‘(A) IN GENERAL.—Not later than 180 

26 days after the date of enactment of this para-
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1 graph, the Secretary of Energy, in consultation 

2 with the Secretary of Defense and the Adminis3 trator of General Services, shall develop, and 

4 issue a report on, best practices for the use of ad5 vanced metering of energy use in Federal facili6 ties, buildings, and equipment by Federal agen7 cies. 

8 ‘‘(B) UPDATING.—The report described 

9 under subparagraph (A) shall be updated annu10 ally. 

11 ‘‘(C) COMPONENTS.—The report shall in12 clude, at a minimum— 

13 ‘‘(i) summaries and analysis of the re14 ports by agencies under paragraph (3); 

15 ‘‘(ii) recommendations on standard re16 quirements or guidelines for automated en17 ergy management systems, including— 

18 ‘‘(I) potential common commu19 nications standards to allow data shar20 ing and reporting; 

21 ‘‘(II) means of facilitating contin22 uous commissioning of buildings and 

23 evidence-based maintenance of build24 ings and building systems; and 
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1 ‘‘(III) standards for sufficient lev2 els of security and protection against 

3 cyber threats to ensure systems cannot 

4 be controlled by unauthorized persons; 

5 and 

6 ‘‘(iii) an analysis of— 

7 ‘‘(I) the types of advanced meter8 ing and monitoring systems being pi9 loted, tested, or installed in Federal 

10 buildings; and 

11 ‘‘(II) existing techniques used 

12 within the private sector or other non13 Federal government buildings.’’. 

14 SEC. 303. FEDERAL ENERGY MANAGEMENT AND DATA COL15 LECTION STANDARD. 

16 Section 543 of the National Energy Conservation Pol17 icy Act (42 U.S.C. 8253) is amended— 

18 (1) by redesignating the second subsection (f) (as 

19 added by section 434(a) of Public Law 110–140 (121 

20 Stat. 1614)) as subsection (g); and 

21 (2) in subsection (f)(7), by striking subpara22 graph (A) and inserting the following: 

23 ‘‘(A) IN GENERAL.—For each facility that 

24 meets the criteria established by the Secretary 

25 under paragraph (2)(B), the energy manager 
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1 shall use the web-based tracking system under 

2 subparagraph (B)— 

3 ‘‘(i) to certify compliance with the re4 quirements for— 

5 ‘‘(I) energy and water evaluations 

6 under paragraph (3); 

7 ‘‘(II) implementation of identified 

8 energy and water measures under 

9 paragraph (4); and 

10 ‘‘(III) follow-up on implemented 

11 measures under paragraph (5); and 

12 ‘‘(ii) to publish energy and water con13 sumption data on an individual facility 

14 basis.’’. 

15 SEC. 304. FEDERAL PURCHASE REQUIREMENT. 

16 Section 203 of the Energy Policy Act of 2005 (42 

17 U.S.C. 15852) is amended— 

18 (1) in subsections (a) and (b)(2), by striking 

19 ‘‘electric energy’’ each place it appears and inserting 

20 ‘‘electric, direct, and thermal energy’’; 

21 (2) in subsection (b)(2)— 

22 (A) by inserting ‘‘, or avoided by,’’ after 

23 ‘‘generated from’’; and 
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1 (B) by inserting ‘‘(including ground-source, 

2 reclaimed, and ground water)’’after ‘‘geo3 thermal’’; 

4 (3) by redesignating subsection (d) as subsection 

5 (e); and 

6 (4) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) SEPARATE CALCULATION.—Renewable energy 

9 produced at a Federal facility, on Federal land, or on In10 dian land (as defined in section 2601 of the Energy Policy 

11 Act of 1992 (25 U.S.C. 3501))— 

12 ‘‘(1) shall be calculated (on a BTU-equivalent 

13 basis) separately from renewable energy used; and 

14 ‘‘(2) may be used individually or in combination 

15 to comply with subsection (a).’’. 

16 SEC. 305. STUDY ON FEDERAL DATA CENTER CONSOLIDA17 TION. 

18 (a) IN GENERAL.—The Secretary of Energy shall con19 duct a study on the feasibility of a government-wide data 

20 center consolidation, with an overall Federal target of a 

21 minimum of 800 Federal data center closures by October 

22 1, 2015. 

23 (b) COORDINATION.—In conducting the study, the Sec24 retary shall coordinate with Federal data center program 

25 managers, facilities managers, and sustainability officers. 
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1 (c) REPORT.—Not later than 1 year after the date of 

2 enactment of this Act, the Secretary shall submit to Con3 gress a report that describes the results of the study, includ4 ing a description of agency best practices in data center 

5 consolidation. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION H.R. 4850 

AMENDMENT