Battery Charger and External Power Supply excerpts from EPA CT 2005

PUBLIC LAW 109-58-AUG. 8, 2005

ENERGY POLICY ACT OF 2005

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Battery Charger and External Power Supply excerpts from EPACT 2005

119 STAT. 594 PUBLIC LAW 109-58-AUG. 8, 2005

Public Law 109-58

109th Congress

Aug. 8, 2005

[H.R. 6]

Energy Policy Act

of 2005.

42 USC 15801

note.

An Act

To ensure jobs for our future with secure, affordable, and reliable energy.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.-This Act may be cited as the "Energy Policy

Act of 2005".

(b) TABLE OF CONTENTS.-The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I-ENERGY EFFICIENCY

Subtitle A-Federal Programs

Sec. 101. Energy and water saving measures in congressional buildings.

Sec. 102. Energy management requirements.

Sec. 103. Energy use measurement and accountability.

Sec. 104. Procurement of energy efficient products.

Sec. 105. Energy savings performance contracts.

Sec. 106. Voluntary commitments to reduce industrial energy intensity.

Sec. 107. Advanced Building Efficiency Testbed.

Sec. 108. Increased use of recovered mineral component in federally funded projects

involving procurement of cement or concrete.

Sec. 109. Federal building performance standards.

Sec. 110. Daylight savings.

Sec. 111. Enhancing energy efficiency in management of Federal lands.

Subtitle B-Energy Assistance and State Programs

Sec. 121. Low-income home energy assistance program.

Sec. 122. Weatherization assistance.

Sec. 123. State energy programs.

Sec. 124. Energy efficient appliance rebate programs.

Sec. 125. Energy efficient public buildings.

Sec. 126. Low income community energy efficiency pilot program.

Sec. 127. State Technologies Advancement Collaborative.

Sec. 128. State building energy efficiency codes incentives.

Subtitle C-Energy Efficient Products

Sec. 131. Energy Star program.

Sec. 132. HVAC maintenance consumer education program.

Sec. 133. Public energy education program.

Sec. 134. Energy efficiency public information initiative.

Sec. 135. Energy conservation standards for additional products.

Sec. 136. Energy conservation standards for commercial equipment.

Sec. 137. Energy labeling.

Sec. 138. Intermittent escalator study.

Sec. 139. Energy efficient electric and natural gas utilities study.

Sec. 140. Energy efficiency pilot program.

Sec. 141. Report on failure to comply with deadlines for new or revised energy

conservation standards.

Subtitle D-Public Housing

Sec. 151. Public housing capital fund.

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Battery Charger and External Power Supply excerpts from EPACT 2005

119 STAT. 624 PUBLIC LAW 109-58-AUG. 8, 2005

(e) AUTHORIZATION OF APPROPRIATIONS.-There are authorized

to be appropriated to carry out this section $90,000,000 for each

of fiscal years 2006 through 2010.

SEC. 135. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL

PRODUCTS.

(a) DEFINITIONS.-Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291 ) is amended-

(1) in paragraph (29)-

(A) in subparagraph (D)-

(i) in clause (i), by striking "C78.1-1978(R1984)"

and inserting "C78.81-2003 (Data Sheet 7881-ANSI1010-1)";

(ii) in clause (ii), by striking "C78.1-1978(R1984)"

and inserting "C78.81-2003 (Data Sheet 7881-ANSI3007-1)"; and

(iii) in clause (iii), by striking "C78.1-1978(R1984)"

and inserting "C78.81-2003 (Data Sheet 7881-ANSI1019-1)"; and

(B) by adding at the end the following:

"(M) The term `F34T12 lamp' (also known as a `F40T12/

ES lamp') means a nominal 34 watt tubular fluorescent lamp

that is 48 inches in length and 11/2 inches in diameter, and

conforms to ANSI standard C78.81-2003 (Data Sheet 7881-

ANSI-1006-1).

"(N) The term `F96T12/ES lamp' means a nominal 60 watt

tubular fluorescent lamp that is 96 inches in length and 11/2

inches in diameter, and conforms to ANSI standard C78.81-

2003 (Data Sheet 7881-ANSI-3006-1). "(0) The term `F96T12HO/ES lamp' means a nominal 95

watt tubular fluorescent lamp that is 96 inches in length and

11/2 inches in diameter, and conforms to ANSI standard C78.81-

2003 (Data Sheet 7881-ANSI-1017-1).

"(P) The term `replacement ballast' means a ballast that-

"(i) is designed for use to replace an existing ballast

in a previously installed luminaire;

"(ii) is marked `FOR REPLACEMENT USE ONLY;

"(iii) is shipped by the manufacturer in packages containing not more than 10 ballasts; and

"(iv) has output leads that when fully extended are

a total length that is less than the length of the lamp

with which the ballast is intended to be operated.";

(2) in paragraph (30)(S)-

(A) by inserting "(i)" before "The term"; and

(B) by adding at the end the following:

"(ii) The term `medium base compact fluorescent lamp'

does not include-

"(I) any lamp that is-

"(aa) specifically designed to be used for special purpose applications; and

"(bb) unlikely to be used in general purpose

applications, such as the applications described

in subparagraph (D); or

"(II) any lamp not described in subparagraph (D)

that is excluded by the Secretary, by rule, because

the lamp is-

"(aa) designed for special applications; and

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Battery Charger and External Power Supply excerpts from EPA CT 2005

PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 625

"(bb) unlikely to be used in general purpose

applications."; and

(3) by adding at the end the following:

"(32) The term `battery charger' means a device that

charges batteries for consumer products , including battery chargers embedded in other consumer products.

"(33)(A) The term ` commercial prerinse spray valve' means

a handheld device designed and marketed for use with commercial dishwashing and ware washing equipment that sprays

water on dishes, flatware, and other food service items for

the purpose of removing food residue before cleaning the items.

"(B) The Secretary may modify the definition of `commercial

prerinse spray valve' by rule-

"(i) to include products-

"(I) that are extensively used in conjunction with

commercial dishwashing and ware washing equipment;

"(II) the application of standards to which would

result in significant energy savings; and

"(III) the application of standards to which would

meet the criteria specified in section 325(o )(4); and

"(ii) to exclude products-

"(I) that are used for special food service applications;

"(II) that are unlikely to be widely used in conjunction with commercial dishwashing and ware washing

equipment; and

"(III) the application of standards to which would

not result in significant energy savings.

"(34) The term `dehumidifier' means a self-contained, electrically operated, and mechanically encased assembly consisting

of-

"(A) a refrigerated surface (evaporator) that condenses

moisture from the atmosphere;

"(B) a refrigerating system, including an electric motor;

"(C) an air-circulating fan; and

"(D) means for collecting or disposing of the condensate.

"(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;

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119 STAT. 626 PUBLIC LAW 109-58-AUG. 8, 2005

"(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) 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.

"(37) The term `illuminated exit sign' means a sign that-

"(A) is designed to be permanently fixed in place to

identify an exit;'and

"(B) consists of an electrically powered integral light

source that-

"(i) illuminates the legend `EXIT' and any directional indicators; and

"(ii) provides contrast between the legend, any

directional indicators, and the background.

"(38) The term `low-voltage dry-type distribution transformer' means a distribution transformer that-

"(A) has an input voltage of 600 volts or less;

"(B) is air-cooled; and

"(C) does not use oil as a coolant.

"(39) The term `pedestrian module ' means a light signal

used to convey movement information to pedestrians.

"(40) The term `refrigerated bottled or canned beverage

vending machine' means a commercial refrigerator that cools

bottled or canned beverages and dispenses the bottled or canned

beverages on payment.

"(41) The term `standby mode' means the lowest power

consumption mode, as established on an individual product

basis by the Secretary, that-

"(A) cannot be switched off or influenced by the user;

and

"(B) may persist for an indefinite time when an appliance is-

"(i) connected to the main electricity supply; and

"(ii) used in accordance with the instructions of

the manufacturer.

"(42) The term `torchiere' means a portable electric lamp

with a reflector bowl that directs light upward to give indirect

illumination.

"(43) The term `traffic signal module' means a standard

8-inch (200mm) or 12-inch (300mm) traffic signal indication

that-

"(A) consists of a light source, a lens, and all other

parts necessary for operation; and

"(B) communicates movement messages to drivers

through red, amber, and green colors.

"(44) The term `transformer' means a device consisting

of 2 or more coils of insulated wire that transfers alternating

current by electromagnetic induction from 1 coil to another

to change the original voltage or current value.

"(45)(A) The term `unit heater' means a self-contained fantype heater designed to be installed within the heated space.

"(B) The term `unit heater' does not include a warm air

furnace.

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Battery Charger and External Power Supply excerpts from EPA CT 2005

PUBLIC LAW 109-58-AUG. 8, 2005 119 STAT. 629

"(D) Notwithstanding any other provision of this Act, if the

requirements of subsection (o) are met, the Secretary may consider

and prescribe energy conservation standards or energy use standards for electricity used for purposes of circulating air through

duct work.";

(2) in subsection (g)-

(A) in paragraph (6)(B), by inserting "and labeled"

after "designed"; and

(B) by adding at the end the following:

"(8)(A) Each fluorescent lamp ballast (other than replacement

ballasts or ballasts described in subparagraph (C))-

"(i)(I) manufactured on or after July 1, 2009;

"(II) sold by the manufacturer on or after October 1, 2009;

or

"(III) incorporated into a luminaire by a luminaire manufacturer on or after July 1, 2010; and

"(ii) designed-

"(I) to operate at nominal input voltages of 120 or

277 volts;

"(II) to operate with an input current frequency of

60 Hertz; and

"(III) for use in connection with F34T12 lamps, F96T12/

ES lamps, or F96T12HO/ES lamps;

shall have a power factor of 0.90 or greater and shall have

a ballast efficacy factor of not less than the following:

"Application for operation of Ballast

Total

nominal Ballast

One F34T12 lamp

input

voltage

120/277

lamp

watts

34

efficacy

factor

2.61

Two F34T12 lamps 120/277 68 1.35

Two F96T12/ES lamps 120/277 120 0.77

Two F96T12H0/ES lamps 120/277 190 0.42.

"(B) The standards described in subparagraph (A) shall apply Applicability.

to all ballasts covered by subparagraph (A)(ii) that are manufactured on or after July 1, 2010, or sold by the manufacturer on

or after October 1, 2010.

"(C) The standards described in subparagraph (A) do not apply

to-

"(i) a ballast that is designed for dimming to 50 percent

or less of the maximum output of the ballast;

"(ii) a ballast that is designed for use with 2 F96T12H0

lamps at ambient temperatures of 20°F or less and for use

in an outdoor sign; or

"(iii) a ballast that has a power factor of less than 0.90

and is designed and labeled for use only in residential applications.";

(3) in subsection (o), by adding at the end the following:

"(5) The Secretary may set more than 1 energy conservation

standard for products that serve more than 1 major function by

setting 1 energy conservation standard for each major function.";

and

(4) by adding at the end the following:

"(u) BATTERY CHARGER AND EXTERNAL POWER SIIPPLY ELECTRIC

ENERGY CoNsuIvIPTIoN.-(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

Deadline.

Notice.

Regulations.

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Battery Charger and External Power Supply excerpts from EPA CT 2005

119 STAT. 630 PUBLIC LAW 109-58-AUG. 8, 2005

rule, definitions and test procedures for the power use of battery

chargers and external power supplies.

"(B) In establishing the test procedures under subparagraph

(A), the Secretary shall-

"(i) consider existing definitions and test procedures used

for measuring energy consumption in standby mode and other

modes; and

"(ii) assess the current and projected future market for

battery chargers and external power supplies.

"(C) The assessment under subparagraph (B)(ii) shall include-

"(i) estimates of the significance of potential energy savings

from technical improvements to battery chargers and external

power supplies; and

"(ii) suggested product classes for energy conservation

standards.

Deadline. "(D) Not later than 18 months after the date of enactment

of this subsection, the Secretary shall hold a scoping workshop

to discuss and receive comments on plans for developing energy

conservation standards for energy use for battery chargers and

external power supplies.

Deadline. "(E)(i) Not later than 3 years after the date of enactment

Regultions. of this subsection, the Secretary shall issue a final rule that determines whether energy conservation standards shall be issued for

battery chargers and external power supplies or classes of battery

chargers and external power supplies.

"(ii) For each product class, any energy conservation standards

issued under clause (i) shall be set at the lowest level of energy

use that-

"(I) meets the criteria and procedures of subsections (o),

(p), (q), (r), (s), and (t); and

"(II) would result in significant overall annual energy

savings, considering standby mode and other operating modes.

"(2) In determining under section 323 whether test procedures

and energy conservation standards under this section should be

revised with respect to covered products that are major sources

of standby mode energy consumption, the Secretary shall consider

whether to incorporate standby mode into the test procedures and

energy conservation standards, taking into account standby mode

power consumption compared to overall product energy consumption.

"(3) The Secretary shall not propose an energy conservation

standard under this section, unless the Secretary has issued

applicable test procedures for each product under section 323.

Applicability. "(4) Any energy conservation standard issued under this subEffective date. section shall be applicable to products manufactured or imported

beginning on the date that is 3 years after the date of issuance.

"(5) The Secretary and the Administrator shall collaborate and

develop programs (including programs under section 324A and other

voluntary industry agreements or codes of conduct) that are

designed to reduce standby mode energy use.

Deadline. "(v) CEILING FANS AND REFRIGERATED BEVERAGE VENDING

Regulations. MACHINES.-(1) Not later than 1 year after the date of enactment

of this subsection, the Secretary shall prescribe, by rule, test procedures and energy conservation standards for ceiling fans and ceiling

fan light kits. If the Secretary sets such standards, the Secretary

shall consider exempting or setting different standards for certain

product classes for which the primary standards are not technically

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