II 

112TH CONGRESS 

1ST SESSION S. 398 

To amend the Energy Policy and Conservation Act to improve the energyefficiency of certain appliances and equipment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. BINGAMAN (for himself and Ms. MURKOWSKI) 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 improve the energy-efficiency of certain appliances and 

equipment, and for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Implementation of National Consensus Appliance Agree6 ments Act of 2011’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Energy conservation standards. 


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Sec. 3. Energy conservation standards for heat pump pool heaters. 

Sec. 4. GU–24 base lamps. 

Sec. 5. Efficiency standards for bottle-type water dispensers, commercial hot 

food holding cabinets, and portable electric spas. 

Sec. 6. Test procedure petition process. 

Sec. 7. Amendments to home appliance test methods. 

Sec. 8. Credit for Energy Star smart appliances. 

Sec. 9. Video game console energy efficiency study. 

Sec. 10. Refrigerator and freezer standards. 

Sec. 11. Room air conditioner standards. 

Sec. 12. Uniform efficiency descriptor for covered water heaters. 

Sec. 13. Clothes dryers. 

Sec. 14. Standards for clothes washers. 

Sec. 15. Dishwashers. 

Sec. 16. Petition for amended standards. 

Sec. 17. Prohibited acts. 

Sec. 18. Outdoor lighting. 

Sec. 19. Standards for commercial furnaces. 

Sec. 20. Service over the counter, self-contained, medium temperature commercial refrigerators. 

Sec. 21. Motor market assessment and commercial awareness program. 

Sec. 22. Study of compliance with energy standards for appliances. 

Sec. 23. Study of direct current electricity supply in certain buildings. 

Sec. 24. Technical corrections. 

1 SEC. 2. ENERGY CONSERVATION STANDARDS. 

2 (a) DEFINITION OF ENERGY CONSERVATION STAND3 ARD.—Section 321 of the Energy Policy and Conservation 

4 Act (42 U.S.C. 6291) is amended— 

5 (1) by striking paragraph (6) and inserting the 

6 following: 

7 ‘‘(6) ENERGY CONSERVATION STANDARD.— 

8 ‘‘(A) IN GENERAL.—The term ‘energy con9 servation standard’ means 1 or more perform10 ance standards that— 

11 ‘‘(i) for covered products (excluding 

12 clothes washers, dishwashers, showerheads, 

13 faucets, water closets, and urinals), pre14 scribe a minimum level of energy efficiency 


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1 or a maximum quantity of energy use, de2 termined in accordance with test proce3 dures prescribed under section 323; 

4 ‘‘(ii) for showerheads, faucets, water 

5 closets, and urinals, prescribe a minimum 

6 level of water efficiency or a maximum 

7 quantity of water use, determined in ac8 cordance with test procedures prescribed 

9 under section 323; and 

10 ‘‘(iii) for clothes washers and dish11 washers— 

12 ‘‘(I) prescribe a minimum level of 

13 energy efficiency or a maximum quan14 tity of energy use, determined in ac15 cordance with test procedures pre16 scribed under section 323; and 

17 ‘‘(II) include a minimum level of 

18 water efficiency or a maximum quan19 tity of water use, determined in ac20 cordance with those test procedures. 

21 ‘‘(B) INCLUSIONS.—The term ‘energy con22 servation standard’ includes— 

23 ‘‘(i) 1 or more design requirements, if 

24 the requirements were established— 


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1 ‘‘(I) on or before the date of en2 actment of this subclause; 

3 ‘‘(II) as part of a direct final rule 

4 under section 325(p)(4); or 

5 ‘‘(III) as part of a final rule pub6 lished on or after January 1, 2012; 

7 and 

8 ‘‘(ii) any other requirements that the 

9 Secretary may prescribe under section 

10 325(r). 

11 ‘‘(C) EXCLUSION.—The term ‘energy con12 servation standard’ does not include a perform13 ance standard for a component of a finished 

14 covered product, unless regulation of the com15 ponent is specifically authorized or established 

16 pursuant to this title.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(67) EER.—The term ‘EER’ means energy 

19 efficiency ratio. 

20 ‘‘(68) HSPF.—The term ‘HSPF’ means heat21 ing seasonal performance factor.’’. 

22 (b) EER AND HSPF TEST PROCEDURES.—Section 

23 323(b) of the Energy Policy and Conservation Act (42 

24 U.S.C. 6293(b)) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(19) EER AND HSPF TEST PROCEDURES.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), for purposes of residential central 

4 air conditioner and heat pump standards that 

5 take effect on or before January 1, 2015— 

6 ‘‘(i) the EER shall be tested at an 

7 outdoor test temperature of 95 degrees 

8 Fahrenheit; and 

9 ‘‘(ii) the HSPF shall be calculated 

10 based on Region IV conditions. 

11 ‘‘(B) REVISIONS.—The Secretary may re12 vise the EER outdoor test temperature and the 

13 conditions for HSPF calculations as part of any 

14 rulemaking to revise the central air conditioner 

15 and heat pump test method.’’. 

16 (c) CENTRAL AIR CONDITIONERS AND HEAT

17 PUMPS.—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) CENTRAL AIR CONDITIONERS AND HEAT

21 PUMPS (EXCEPT THROUGH-THE-WALL CENTRAL AIR

22 CONDITIONERS, THROUGH-THE-WALL CENTRAL AIR

23 CONDITIONING HEAT PUMPS, AND SMALL DUCT, 

24 HIGH VELOCITY SYSTEMS) MANUFACTURED ON OR

25 AFTER JANUARY 1, 2015.— 


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1 ‘‘(A) BASE NATIONAL STANDARDS.— 

2 ‘‘(i) SEASONAL ENERGY EFFICIENCY

3 RATIO.—The seasonal energy efficiency 

4 ratio of central air conditioners and central 

5 air conditioning heat pumps manufactured 

6 on or after January 1, 2015, shall not be 

7 less than the following: 

8 ‘‘(I) Split Systems: 13 for central 

9 air conditioners and 14 for heat 

10 pumps. 

11 ‘‘(II) Single Package Systems: 

12 14. 

13 ‘‘(ii) HEATING SEASONAL PERFORM14 ANCE FACTOR.—The heating seasonal per15 formance factor of central air conditioning 

16 heat pumps manufactured on or after Jan17 uary 1, 2015, shall not be less than the 

18 following: 

19 ‘‘(I) Split Systems: 8.2. 

20 ‘‘(II) Single Package Systems: 

21 8.0. 

22 ‘‘(B) REGIONAL STANDARDS.— 

23 ‘‘(i) SEASONAL ENERGY EFFICIENCY

24 RATIO.—The seasonal energy efficiency 

25 ratio of central air conditioners and central 


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1 air conditioning heat pumps manufactured 

2 on or after January 1, 2015, and installed 

3 in States having historical average annual, 

4 population weighted, heating degree days 

5 less than 5,000 (specifically the States of 

6 Alabama, Arizona, Arkansas, California, 

7 Delaware, Florida, Georgia, Hawaii, Ken8 tucky, Louisiana, Maryland, Mississippi, 

9 Nevada, New Mexico, North Carolina, 

10 Oklahoma, South Carolina, Tennessee, 

11 Texas, and Virginia) or in the District of 

12 Columbia, the Commonwealth of Puerto 

13 Rico, or any other territory or possession 

14 of the United States shall not be less than 

15 the following: 

16 ‘‘(I) Split Systems: 14 for central 

17 air conditioners and 14 for heat 

18 pumps. 

19 ‘‘(II) Single Package Systems: 

20 14. 

21 ‘‘(ii) ENERGY EFFICIENCY RATIO.— 

22 The energy efficiency ratio of central air 

23 conditioners (not including heat pumps) 

24 manufactured on or after January 1, 2015, 

25 and installed in the State of Arizona, CaliVerDate Mar 15 2010 23:38 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S398.IS S398

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1 fornia, New Mexico, or Nevada shall be not 

2 less than the following: 

3 ‘‘(I) Split Systems: 12.2 for split 

4 systems having a rated cooling capac5 ity less than 45,000 BTU per hour 

6 and 11.7 for products having a rated 

7 cooling capacity equal to or greater 

8 than 45,000 BTU per hour. 

9 ‘‘(II) Single Package Systems: 

10 11.0. 

11 ‘‘(iii) APPLICATION OF SUBSECTION

12 (o)(6).—Subsection (o)(6) shall apply to 

13 the regional standards set forth in this 

14 subparagraph. 

15 ‘‘(C) AMENDMENT OF STANDARDS.— 

16 ‘‘(i) IN GENERAL.—Not later than 

17 January 1, 2017, the Secretary shall pub18 lish a final rule to determine whether the 

19 standards in effect for central air condi20 tioners and central air conditioning heat 

21 pumps should be amended. 

22 ‘‘(ii) APPLICATION.—The rule shall 

23 provide that any amendments shall apply 

24 to products manufactured on or after Jan25 uary 1, 2022. 


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1 ‘‘(D) CONSIDERATION OF ADDITIONAL

2 PERFORMANCE STANDARDS OR EFFICIENCY

3 CRITERIA.— 

4 ‘‘(i) FORUM.—Not later than 4 years 

5 in advance of the expected publication date 

6 of a final rule for central air conditioners 

7 and heat pumps under subparagraph (C), 

8 the Secretary shall convene and facilitate a 

9 forum for interested persons that are fairly 

10 representative of relevant points of view 

11 (including representatives of manufactur12 ers of the covered product, States, and effi13 ciency advocates), as determined by the 

14 Secretary, to consider adding additional 

15 performance standards or efficiency cri16 teria in the forthcoming rule. 

17 ‘‘(ii) RECOMMENDATION.—If, within 1 

18 year of the initial convening of such a 

19 forum, the Secretary receives a rec20 ommendation submitted jointly by such 

21 representative interested persons to add 1 

22 or more performance standards or effi23 ciency criteria, the Secretary shall incor24 porate the performance standards or effi25 ciency criteria in the rulemaking process, 


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1 and, if justified under the criteria estab2 lished in this section, incorporate such per3 formance standards or efficiency criteria in 

4 the revised standard. 

5 ‘‘(iii) NO RECOMMENDATION.—If no 

6 such joint recommendation is made within 

7 1 year of the initial convening of such a 

8 forum, the Secretary may add additional 

9 performance standards or efficiency cri10 teria if the Secretary finds that the bene11 fits substantially exceed the burdens of the 

12 action. 

13 ‘‘(E) NEW CONSTRUCTION LEVELS.— 

14 ‘‘(i) IN GENERAL.—As part of any 

15 final rule concerning central air condi16 tioner and heat pump standards published 

17 after June 1, 2013, the Secretary shall de18 termine if the building code levels specified 

19 in section 327(f)(3)(C) should be amended 

20 subject to meeting the criteria of sub21 section (o) when applied specifically to new 

22 construction. 

23 ‘‘(ii) EFFECTIVE DATE.—Any amend24 ed levels shall not take effect before Janu25 ary 1, 2018. 


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1 ‘‘(iii) AMENDED LEVELS.—The final 

2 rule shall contain the amended levels, if 

3 any.’’. 

4 (d) THROUGH-THE-WALL CENTRAL AIR CONDI5 TIONERS, THROUGH-THE-WALL CENTRAL AIR CONDI6 TIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOC7 ITY SYSTEMS.—Section 325(d) of the Energy Policy and 

8 Conservation Act (42 U.S.C. 6295(d)) (as amended by 

9 subsection (c)) is amended by adding at the end the fol10 lowing: 

11 ‘‘(5) STANDARDS FOR THROUGH-THE-WALL

12 CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL

13 CENTRAL AIR CONDITIONING HEAT PUMPS, AND

14 SMALL DUCT, HIGH VELOCITY SYSTEMS.— 

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

16 ‘‘(i) SMALL DUCT, HIGH VELOCITY

17 SYSTEM.—The term ‘small duct, high ve18 locity system’ means a heating and cooling 

19 product that contains a blower and indoor 

20 coil combination that— 

21 ‘‘(I) is designed for, and pro22 duces, at least 1.2 inches of external 

23 static pressure when operated at the 

24 certified air volume rate of 220–350 

25 CFM per rated ton of cooling; and 


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1 ‘‘(II) when applied in the field, 

2 uses high velocity room outlets gen3 erally greater than 1,000 fpm that 

4 have less than 6.0 square inches of 

5 free area. 

6 ‘‘(ii) THROUGH-THE-WALL CENTRAL

7 AIR CONDITIONER; THROUGH-THE-WALL

8 CENTRAL AIR CONDITIONING HEAT

9 PUMP.—The terms ‘through-the-wall cen10 tral air conditioner’ and ‘through-the-wall 

11 central air conditioning heat pump’ mean a 

12 central air conditioner or heat pump, re13 spectively, that is designed to be installed 

14 totally or partially within a fixed-size open15 ing in an exterior wall, and— 

16 ‘‘(I) is not weatherized; 

17 ‘‘(II) is clearly and permanently 

18 marked for installation only through 

19 an exterior wall; 

20 ‘‘(III) has a rated cooling capac21 ity no greater than 30,000 Btu/hr; 

22 ‘‘(IV) exchanges all of its outdoor 

23 air across a single surface of the 

24 equipment cabinet; and 


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1 ‘‘(V) has a combined outdoor air 

2 exchange area of less than 800 square 

3 inches (split systems) or less than 

4 1,210 square inches (single packaged 

5 systems) as measured on the surface 

6 area described in subclause (IV). 

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

8 revise the definitions contained in this sub9 paragraph through publication of a final 

10 rule. 

11 ‘‘(B) SMALL-DUCT HIGH-VELOCITY SYS12 TEMS.— 

13 ‘‘(i) SEASONAL ENERGY EFFICIENCY

14 RATIO.—The seasonal energy efficiency 

15 ratio for small-duct high-velocity systems 

16 shall be not less than 11.00 for products 

17 manufactured on or after January 23, 

18 2006. 

19 ‘‘(ii) HEATING SEASONAL PERFORM20 ANCE FACTOR.—The heating seasonal per21 formance factor for small-duct high-veloc22 ity systems shall be not less than 6.8 for 

23 products manufactured on or after Janu24 ary 23, 2006. 

25 ‘‘(C) RULEMAKING.— 


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1 ‘‘(i) IN GENERAL.—Not later than 

2 June 30, 2011, the Secretary shall publish 

3 a final rule to determine whether stand4 ards for through-the-wall central air condi5 tioners, through-the-wall central air condi6 tioning heat pumps and small duct, high 

7 velocity systems should be amended. 

8 ‘‘(ii) APPLICATION.—The rule shall 

9 provide that any new or amended standard 

10 shall apply to products manufactured on or 

11 after June 30, 2016.’’. 

12 (e) FURNACES.—Section 325(f) of the Energy Policy 

13 and Conservation Act (42 U.S.C. 6295(f)) is amended by 

14 adding at the end the following: 

15 ‘‘(5) NON-WEATHERIZED FURNACES (INCLUD16 ING MOBILE HOME FURNACES, BUT NOT INCLUDING

17 BOILERS) MANUFACTURED ON OR AFTER MAY 1, 

18 2013, AND WEATHERIZED FURNACES MANUFAC19 TURED ON OR AFTER JANUARY 1, 2015.— 

20 ‘‘(A) BASE NATIONAL STANDARDS.— 

21 ‘‘(i) NON-WEATHERIZED FURNACES.— 

22 The annual fuel utilization efficiency of 

23 non-weatherized furnaces manufactured on 

24 or after May 1, 2013, shall be not less 

25 than the following: 


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1 ‘‘(I) Gas furnaces, a level deter2 mined by the Secretary in a final rule 

3 published not later than June 30, 

4 2011. 

5 ‘‘(II) Oil furnaces, 83 percent. 

6 ‘‘(ii) WEATHERIZED FURNACES.—The 

7 annual fuel utilization efficiency of weath8 erized gas furnaces manufactured on or 

9 after January 1, 2015, shall be not less 

10 than 81 percent. 

11 ‘‘(B) REGIONAL STANDARD.— 

12 ‘‘(i) ANNUAL FUEL UTILIZATION EF13 FICIENCY.—Not later than June 30, 2011, 

14 the Secretary shall— 

15 ‘‘(I) publish a final rule deter16 mining whether to establish a stand17 ard for the annual fuel utilization effi18 ciency of non-weatherized gas fur19 naces manufactured on or after May 

20 1, 2013, and installed in States hav21 ing historical average annual, popu22 lation weighted, heating degree days 

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1 diana, Iowa, Kansas, Maine, Massa2 chusetts, Michigan, Minnesota, Mis3 souri, Montana, Nebraska, New 

4 Hampshire, New Jersey, New York, 

5 North Dakota, Ohio, Oregon, Penn6 sylvania, Rhode Island, South Dakota, 

7 Utah, Vermont, Washington, West 

8 Virginia, Wisconsin, and Wyoming); 

9 and 

10 ‘‘(II) include in the final rule de11 scribed in subclause (I) any regional 

12 standard established under this sub13 paragraph. 

14 ‘‘(ii) APPLICATION OF SUBSECTION

15 (o)(6).—Subsection (o)(6) shall apply to 

16 any regional standard established under 

17 this subparagraph. 

18 ‘‘(C) AMENDMENT OF STANDARDS.— 

19 ‘‘(i) NON-WEATHERIZED FURNACES.— 

20 ‘‘(I) IN GENERAL.—Not later 

21 than January 1, 2014, the Secretary 

22 shall publish a final rule to determine 

23 whether the standards in effect for 

24 non-weatherized furnaces should be 

25 amended. 


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1 ‘‘(II) APPLICATION.—The rule 

2 shall provide that any amendments 

3 shall apply to products manufactured 

4 on or after January 1, 2019. 

5 ‘‘(ii) WEATHERIZED FURNACES.— 

6 ‘‘(I) IN GENERAL.—Not later 

7 than January 1, 2017, the Secretary 

8 shall publish a final rule to determine 

9 whether the standard in effect for 

10 weatherized furnaces should be 

11 amended. 

12 ‘‘(II) APPLICATION.—The rule 

13 shall provide that any amendments 

14 shall apply to products manufactured 

15 on or after January 1, 2022. 

16 ‘‘(D) NEW CONSTRUCTION LEVELS.— 

17 ‘‘(i) IN GENERAL.— 

18 ‘‘(I) FINAL RULE PUBLISHED

19 AFTER JANUARY 1, 2011.—As part of 

20 any final rule concerning furnace 

21 standards published after January 1, 

22 2011, the Secretary shall establish the 

23 building code levels referred to in sub24 clauses (I)(aa), (II)(aa), and (III)(aa) 

25 of section 327(f)(3)(C)(i) subject to 


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1 meeting the criteria of subsection (o) 

2 when applied specifically to new con3 struction. 

4 ‘‘(II) FINAL RULE PUBLISHED

5 AFTER JUNE 1, 2013.—As part of any 

6 final rule concerning furnace stand7 ards published after June 1, 2013, 

8 the Secretary shall determine if the 

9 building code levels specified in or 

10 pursuant to section 327(f)(3)(C) 

11 should be amended subject to meeting 

12 the criteria of subsection (o) when ap13 plied specifically to new construction. 

14 ‘‘(ii) EFFECTIVE DATE.—Any amend15 ed levels shall not take effect before Janu16 ary 1, 2018. 

17 ‘‘(iii) AMENDED LEVELS.—The final 

18 rule shall contain the amended levels, if 

19 any.’’. 

20 (f) EXCEPTION FOR CERTAIN BUILDING CODE RE21 QUIREMENTS.—Section 327(f) of the Energy Policy and 

22 Conservation Act (42 U.S.C. 6297(f)) is amended— 

23 (1) in paragraph (3), by striking subparagraphs 

24 (B) through (F) and inserting the following: 


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1 ‘‘(B) The code does not contain a manda2 tory requirement that, under all code compli3 ance paths, requires that the covered product 

4 have an energy efficiency exceeding 1 of the fol5 lowing levels: 

6 ‘‘(i) The applicable energy conserva7 tion standard established in or prescribed 

8 under section 325. 

9 ‘‘(ii) The level required by a regula10 tion of the State for which the Secretary 

11 has issued a rule granting a waiver under 

12 subsection (d). 

13 ‘‘(C) If the energy consumption or con14 servation objective in the code is determined 

15 using covered products, including any baseline 

16 building designs against which all submitted 

17 building designs are to be evaluated, the objec18 tive is based on the use of covered products 

19 having efficiencies not exceeding— 

20 ‘‘(i) for residential furnaces, central 

21 air conditioners, and heat pumps, effective 

22 not earlier than January 1, 2013, and 

23 until such time as a level takes effect for 

24 the product under clause (ii)— 


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1 ‘‘(I) for the States described in 

2 section 325(f)(5)(B)(i)— 

3 ‘‘(aa) for gas furnaces, an 

4 AFUE level determined by the 

5 Secretary; and 

6 ‘‘(bb) 14 SEER for central 

7 air conditioners (not including 

8 heat pumps); 

9 ‘‘(II) for the States and other lo10 calities described in section 

11 325(d)(4)(B)(i) (except for the States 

12 of Arizona, California, Nevada, and 

13 New Mexico)— 

14 ‘‘(aa) for gas furnaces, an 

15 AFUE level determined by the 

16 Secretary; and 

17 ‘‘(bb) 15 SEER for central 

18 air conditioners; 

19 ‘‘(III) for the States of Arizona, 

20 California, Nevada, and New Mex21 ico— 

22 ‘‘(aa) for gas furnaces, an 

23 AFUE level determined by the 

24 Secretary; 


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1 ‘‘(bb) 15 SEER for central 

2 air conditioners; 

3 ‘‘(cc) an EER of 12.5 for 

4 air conditioners (not including 

5 heat pumps) with cooling capac6 ity less than 45,000 Btu per 

7 hour; and 

8 ‘‘(dd) an EER of 12.0 for 

9 air conditioners (not including 

10 heat pumps) with cooling capac11 ity of 45,000 Btu per hour or 

12 more; and 

13 ‘‘(IV) for all States— 

14 ‘‘(aa) 85 percent AFUE for 

15 oil furnaces; and 

16 ‘‘(bb) 15 SEER and 8.5 

17 HSPF for heat pumps; 

18 ‘‘(ii) the building code levels estab19 lished pursuant to section 325; or 

20 ‘‘(iii) the applicable standards or lev21 els specified in subparagraph (B). 

22 ‘‘(D) The credit to the energy consumption 

23 or conservation objective allowed by the code for 

24 installing a covered product having an energy 

25 efficiency exceeding the applicable standard or 


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1 level specified in subparagraph (C) is on a 1- 

2 for-1 equivalent energy use or equivalent energy 

3 cost basis, which may take into account the typ4 ical lifetimes of the products and building fea5 tures, using lifetimes for covered products 

6 based on information published by the Depart7 ment of Energy or the American Society of 

8 Heating, Refrigerating and Air-Conditioning 

9 Engineers. 

10 ‘‘(E) If the code sets forth 1 or more com11 binations of items that meet the energy con12 sumption or conservation objective, and if 1 or 

13 more combinations specify an efficiency level for 

14 a covered product that exceeds the applicable 

15 standards and levels specified in subparagraph 

16 (B)— 

17 ‘‘(i) there is at least 1 combination 

18 that includes such covered products having 

19 efficiencies not exceeding 1 of the stand20 ards or levels specified in subparagraph 

21 (B); and 

22 ‘‘(ii) if 1 or more combinations of 

23 items specify an efficiency level for a fur24 nace, central air conditioner, or heat pump 

25 that exceeds the applicable standards and 


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1 levels specified in subparagraph (B), there 

2 is at least 1 combination that the State 

3 has found to be reasonably achievable 

4 using commercially available technologies 

5 that includes such products having effi6 ciencies at the applicable levels specified in 

7 subparagraph (C), except that no combina8 tion need include a product having an effi9 ciency less than the level specified in sub10 paragraph (B)(ii). 

11 ‘‘(F) The energy consumption or conserva12 tion objective is specified in terms of an esti13 mated total consumption of energy (which may 

14 be specified in units of energy or its equivalent 

15 cost).’’; 

16 (2) in paragraph (4)(B)— 

17 (A) by inserting after ‘‘building code’’ the 

18 first place it appears the following: ‘‘contains a 

19 mandatory requirement that, under all code 

20 compliance paths,’’; and 

21 (B) by striking ‘‘unless the’’ and all that 

22 follows through ‘‘subsection (d)’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(5) REPLACEMENT OF COVERED PRODUCT.— 

25 Paragraph (3) shall not apply to the replacement of 


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1 a covered product serving an existing building unless 

2 the replacement results in an increase in capacity 

3 greater than— 

4 ‘‘(A) 12,000 Btu per hour for residential 

5 air conditioners and heat pumps; or 

6 ‘‘(B) 20 percent for other covered prod7 ucts.’’. 

8 SEC. 3. ENERGY CONSERVATION STANDARDS FOR HEAT 

9 PUMP POOL HEATERS. 

10 (a) DEFINITIONS.— 

11 (1) EFFICIENCY DESCRIPTOR.—Section 

12 321(22) of the Energy Policy and Conservation Act 

13 (42 U.S.C. 6291(22)) is amended— 

14 (A) in subparagraph (E), by inserting 

15 ‘‘gas-fired’’ before ‘‘pool heaters’’; and 

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

17 ‘‘(F) For heat pump pool heaters, coeffi18 cient of performance of heat pump pool heat19 ers.’’. 

20 (2) COEFFICIENT OF PERFORMANCE OF HEAT

21 PUMP POOL HEATERS.—Section 321 of the Energy 

22 Policy and Conservation Act (42 U.S.C. 6291) is 

23 amended by inserting after paragraph (25) the fol24 lowing: 


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1 ‘‘(25A) COEFFICIENT OF PERFORMANCE OF

2 HEAT PUMP POOL HEATERS.—The term ‘coefficient 

3 of performance of heat pump pool heaters’ means 

4 the ratio of the capacity to power input value ob5 tained at the following rating conditions: 50.0 °F db/ 

6 44.2 °F wb outdoor air and 80.0 °F entering water 

7 temperatures, according to AHRI Standard 1160.’’. 

8 (3) THERMAL EFFICIENCY OF GAS-FIRED POOL

9 HEATERS.—Section 321(26) of the Energy Policy 

10 and Conservation Act (42 U.S.C. 6291(26)) is 

11 amended by inserting ‘‘gas-fired’’ before ‘‘pool heat12 ers’’. 

13 (b) STANDARDS FOR POOL HEATERS.—Section 

14 325(e)(2) of the Energy Policy and Conservation Act (42 

15 U.S.C. 6295(e)(2)) is amended— 

16 (1) by striking ‘‘(2) The thermal efficiency of 

17 pool heaters’’ and inserting the following: 

18 ‘‘(2) POOL HEATERS.— 

19 ‘‘(A) GAS-FIRED POOL HEATERS.—The 

20 thermal efficiency of gas-fired pool heaters’’; 

21 and 

22 (2) by adding at the end the following: 

23 ‘‘(B) HEAT PUMP POOL HEATERS.—Heat 

24 pump pool heaters manufactured on or after 

25 the date of enactment of this subparagraph 


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1 shall have a minimum coefficient of perform2 ance of 4.0.’’. 

3 SEC. 4. GU–24 BASE LAMPS. 

4 (a) DEFINITIONS.—Section 321 of the Energy Policy 

5 and Conservation Act (42 U.S.C. 6291) (as amended by 

6 section 2(a)(2)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(69) GU–24.—The term ‘GU–24’ means the 

9 designation of a lamp socket, based on a coding sys10 tem by the International Electrotechnical Commis11 sion, under which— 

12 ‘‘(A) ‘G’ indicates a holder and socket type 

13 with 2 or more projecting contacts, such as pins 

14 or posts; 

15 ‘‘(B) ‘U’ distinguishes between lamp and 

16 holder designs of similar type that are not 

17 interchangeable due to electrical or mechanical 

18 requirements; and 

19 ‘‘(C) 24 indicates the distance in millime20 ters between the electrical contact posts. 

21 ‘‘(70) GU–24 ADAPTOR.— 

22 ‘‘(A) IN GENERAL.—The term ‘GU–24 

23 Adaptor’ means a 1-piece device, pig-tail, wiring 

24 harness, or other such socket or base attach25 ment that— 


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1 ‘‘(i) connects to a GU–24 socket on 1 

2 end and provides a different type of socket 

3 or connection on the other end; and 

4 ‘‘(ii) does not alter the voltage. 

5 ‘‘(B) EXCLUSION.—The term ‘GU–24 

6 Adaptor’ does not include a fluorescent ballast 

7 with a GU–24 base. 

8 ‘‘(71) GU–24 BASE LAMP.—‘GU–24 base lamp’ 

9 means a light bulb designed to fit in a GU–24 sock10 et.’’. 

11 (b) STANDARDS.—Section 325 of the Energy Policy 

12 and Conservation Act (42 U.S.C. 6295) is amended— 

13 (1) by redesignating subsection (ii) as sub14 section (jj); and 

15 (2) by inserting after subsection (hh) the fol16 lowing: 

17 ‘‘(ii) GU–24 BASE LAMPS.— 

18 ‘‘(1) IN GENERAL.—A GU–24 base lamp shall 

19 not be an incandescent lamp as defined by ANSI. 

20 ‘‘(2) GU–24 ADAPTORS.—GU–24 adaptors shall 

21 not adapt a GU–24 socket to any other line voltage 

22 socket.’’. 


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1 SEC. 5. EFFICIENCY STANDARDS FOR BOTTLE-TYPE WATER 

2 DISPENSERS, COMMERCIAL HOT FOOD HOLD3 ING CABINETS, AND PORTABLE ELECTRIC 

4 SPAS. 

5 (a) DEFINITIONS.—Section 321 of the Energy Policy 

6 and Conservation Act (42 U.S.C. 6291) (as amended by 

7 section 4(a)) is amended by adding at the end the fol8 lowing: 

9 ‘‘(72) BOTTLE-TYPE WATER DISPENSER.—The 

10 term ‘bottle-type water dispenser’ means a drinking 

11 water dispenser that is— 

12 ‘‘(A) designed for dispensing hot and cold 

13 water; and 

14 ‘‘(B) uses a removable bottle or container 

15 as the source of potable water. 

16 ‘‘(73) COMMERCIAL HOT FOOD HOLDING CABI17 NET.— 

18 ‘‘(A) IN GENERAL.—The term ‘commercial 

19 hot food holding cabinet’ means a heated, fully20 enclosed compartment that— 

21 ‘‘(i) is designed to maintain the tem22 perature of hot food that has been cooked 

23 in a separate appliance; 

24 ‘‘(ii) has 1 or more solid or glass 

25 doors; and 


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1 ‘‘(iii) has an interior volume of 8 

2 cubic feet or more. 

3 ‘‘(B) EXCLUSIONS.—The term ‘commercial 

4 hot food holding cabinet’ does not include— 

5 ‘‘(i) a heated glass merchandising cab6 inet; 

7 ‘‘(ii) a drawer warmer; 

8 ‘‘(iii) a cook-and-hold appliance; or 

9 ‘‘(iv) a mobile serving cart with both 

10 hot and cold compartments. 

11 ‘‘(74) COMPARTMENT BOTTLE-TYPE WATER

12 DISPENSER.—The term ‘compartment bottle-type 

13 water dispenser’ means a drinking water dispenser 

14 that— 

15 ‘‘(A) is designed for dispensing hot and 

16 cold water; 

17 ‘‘(B) uses a removable bottle or container 

18 as the source of potable water; and 

19 ‘‘(C) includes a refrigerated compartment 

20 with or without provisions for making ice. 

21 ‘‘(75) PORTABLE ELECTRIC SPA.— 

22 ‘‘(A) IN GENERAL.—The term ‘portable 

23 electric spa’ means a factory-built electric spa 

24 or hot tub that— 


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1 ‘‘(i) is intended for the immersion of 

2 persons in heated water circulated in a 

3 closed system; and 

4 ‘‘(ii) is not intended to be drained and 

5 filled with each use. 

6 ‘‘(B) INCLUSIONS.—The term ‘portable 

7 electric spa’ includes— 

8 ‘‘(i) a filter; 

9 ‘‘(ii) a heater (including an electric, 

10 solar, or gas heater); 

11 ‘‘(iii) a pump; 

12 ‘‘(iv) a control; and 

13 ‘‘(v) other equipment, such as a light, 

14 a blower, and water sanitizing equipment. 

15 ‘‘(C) EXCLUSIONS.—The term ‘portable 

16 electric spa’ does not include— 

17 ‘‘(i) a permanently installed spa that, 

18 once installed, cannot be moved; or 

19 ‘‘(ii) a spa that is specifically designed 

20 and exclusively marketed for medical treat21 ment or physical therapy purposes. 

22 ‘‘(76) WATER DISPENSER.—The term ‘water 

23 dispenser’ means a factory-made assembly that— 

24 ‘‘(A) mechanically cools and heats potable 

25 water; and 


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1 ‘‘(B) dispenses the cooled or heated water 

2 by integral or remote means.’’. 

3 (b) COVERAGE.— 

4 (1) IN GENERAL.—Section 322(a) of the En5 ergy Policy and Conservation Act (42 U.S.C. 

6 6292(a)) is amended— 

7 (A) by redesignating paragraph (20) as 

8 paragraph (23); and 

9 (B) by inserting after paragraph (19) the 

10 following: 

11 ‘‘(20) Bottle-type water dispensers and com12 partment bottle-type water dispensers. 

13 ‘‘(21) Commercial hot food holding cabinets. 

14 ‘‘(22) Portable electric spas.’’. 

15 (2) CONFORMING AMENDMENTS.— 

16 (A) Section 324 of the Energy Policy and 

17 Conservation Act (42 U.S.C. 6294) is amended 

18 by striking ‘‘(19)’’ each place it appears in sub19 sections (a)(3), (b)(1)(B), (b)(3), and (b)(5) 

20 and inserting ‘‘(23)’’. 

21 (B) Section 325(l) of the Energy Policy 

22 and Conservation Act (42 U.S.C. 6295(l)) is 

23 amended by striking ‘‘paragraph (19)’’ each 

24 place it appears in paragraphs (1) and (2) and 

25 inserting ‘‘paragraph (23)’’. 


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1 (c) TEST PROCEDURES.—Section 323(b) of the En2 ergy Policy and Conservation Act (42 U.S.C. 6293(b)) (as 

3 amended by section 2(b)) is amended by adding at the 

4 end the following: 

5 ‘‘(20) BOTTLE-TYPE WATER DISPENSERS.— 

6 ‘‘(A) IN GENERAL.—Test procedures for 

7 bottle-type water dispensers and compartment 

8 bottle-type water dispensers shall be based on 

9 the document ‘Energy Star Program Require10 ments for Bottled Water Coolers version 1.1’ 

11 published by the Environmental Protection 

12 Agency. 

13 ‘‘(B) INTEGRAL, AUTOMATIC TIMERS.—A 

14 unit with an integral, automatic timer shall not 

15 be tested under this paragraph using section 

16 4D of the test criteria (relating to Timer 

17 Usage). 

18 ‘‘(21) COMMERCIAL HOT FOOD HOLDING CABI19 NETS.— 

20 ‘‘(A) IN GENERAL.—Test procedures for 

21 commercial hot food holding cabinets shall be 

22 based on the test procedures described in 

23 ANSI/ASTM F2140–01 (Test for idle energy 

24 rate-dry test). 


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1 ‘‘(B) INTERIOR VOLUME.—Interior volume 

2 shall be based under this paragraph on the 

3 method demonstrated in the document ‘Energy 

4 Star Program Requirements for Commercial 

5 Hot Food Holding Cabinets’ of the Environ6 mental Protection Agency, as in effect on Au7 gust 15, 2003. 

8 ‘‘(22) PORTABLE ELECTRIC SPAS.— 

9 ‘‘(A) IN GENERAL.—Test procedures for 

10 portable electric spas shall be based on the test 

11 method for portable electric spas described in 

12 section 1604 of title 20, California Code of 

13 Regulations, as amended on December 3, 2008. 

14 ‘‘(B) NORMALIZED CONSUMPTION.—Con15 sumption shall be normalized under this para16 graph for a water temperature difference of 37 

17 degrees Fahrenheit. 

18 ‘‘(C) ANSI TEST PROCEDURE.—If the 

19 American National Standards Institute pub20 lishes a test procedure for portable electric 

21 spas, the Secretary shall revise the procedure 

22 established under this paragraph, as determined 

23 appropriate by the Secretary.’’. 


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1 (d) STANDARDS.—Section 325 of the Energy Policy 

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

3 section 4(b)) is amended— 

4 (1) by redesignating subsection (ii) as sub5 section (mm); and 

6 (2) by inserting after subsection (hh) the fol7 lowing: 

8 ‘‘(ii) BOTTLE-TYPE WATER DISPENSERS.—Effective 

9 beginning on the date that is 1 year after the date of en10 actment of the Implementation of National Consensus Ap11 pliance Agreements Act of 2011— 

12 ‘‘(1) a bottle-type water dispenser shall not 

13 have standby energy consumption that is greater 

14 than 1.2 kilowatt-hours per day; and 

15 ‘‘(2) a compartment bottle-type water dispenser 

16 shall not have standby energy consumption that is 

17 greater than 1.3 kilowatt-hours per day. 

18 ‘‘(jj) COMMERCIAL HOT FOOD HOLDING CABI19 NETS.—Effective beginning on the date that is 1 year 

20 after the date of enactment of the Implementation of Na21 tional Consensus Appliance Agreements Act of 2011, a 

22 commercial hot food holding cabinet shall have a max23 imum idle energy rate of 40 watts per cubic foot of interior 

24 volume. 


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1 ‘‘(kk) PORTABLE ELECTRIC SPAS.—Effective begin2 ning on the date that is 1 year after the date of enactment 

3 of the Implementation of National Consensus Appliance 

4 Agreements Act of 2011, a portable electric spa shall not 

5 have a normalized standby power rate of greater than 5 

(V2/3 6 ) Watts (in which ‘V’ equals the fill volume (in gal7 lons)). 

8 ‘‘(ll) REVISIONS.— 

9 ‘‘(1) IN GENERAL.—Not later than the date 

10 that is 3 years after the date of enactment of the 

11 Implementation of National Consensus Appliance 

12 Agreements Act of 2011, the Secretary shall— 

13 ‘‘(A) consider in accordance with sub14 section (o) revisions to the standards estab15 lished under subsections (ii), (jj), and (kk); and 

16 ‘‘(B)(i) publish a final rule establishing the 

17 revised standards; or 

18 ‘‘(ii) make a finding that no revisions are 

19 technically feasible and economically justified. 

20 ‘‘(2) EFFECTIVE DATE.—Any revised standards 

21 under this subsection shall take effect not earlier 

22 than the date that is 3 years after the date of the 

23 publication of the final rule.’’. 

24 (e) PREEMPTION.—Section 327 of the Energy Policy 

25 and Conservation Act (42 U.S.C. 6297) is amended— 


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1 (1) in subsection (b)— 

2 (A) in paragraph (6), by striking ‘‘or’’ 

3 after the semicolon at the end; 

4 (B) in paragraph (7), by striking the pe5 riod at the end and inserting ‘‘; or’’; and 

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

7 ‘‘(8) is a regulation that— 

8 ‘‘(A) establishes efficiency standards for 

9 bottle-type water dispensers, compartment bot10 tle-type water dispensers, commercial hot food 

11 holding cabinets, or portable electric spas; and 

12 ‘‘(B) is in effect on or before the date of 

13 enactment of this paragraph.’’; and 

14 (2) in subsection (c)— 

15 (A) in paragraph (8)(B), by striking ‘‘and’’ 

16 after the semicolon at the end; 

17 (B) in paragraph (9)— 

18 (i) by striking ‘‘except that—’’ and all 

19 that follows through ‘‘if the Secretary’’ and 

20 inserting ‘‘except that if the Secretary’’; 

21 (ii) by redesignating clauses (i) and 

22 (ii) as subparagraphs (A) and (B), respec23 tively, and indenting appropriately; and 


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1 (iii) in subparagraph (B) (as so redes2 ignated), by striking the period at the end 

3 and inserting ‘‘; or’’; and 

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

5 ‘‘(10) is a regulation that— 

6 ‘‘(A) establishes efficiency standards for 

7 bottle-type water dispensers, compartment bot8 tle-type water dispensers, commercial hot food 

9 holding cabinets, or portable electric spas; and 

10 ‘‘(B) is adopted by the California Energy 

11 Commission on or before January 1, 2013.’’. 

12 SEC. 6. TEST PROCEDURE PETITION PROCESS. 

13 (a) CONSUMER PRODUCTS OTHER THAN AUTO14 MOBILES.—Section 323(b)(1) of the Energy Policy and 

15 Conservation Act (42 U.S.C. 6293(b)(1)) is amended— 

16 (1) in subparagraph (A)(i), by striking 

17 ‘‘amend’’ and inserting ‘‘publish in the Federal Reg18 ister amended’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(B) PETITIONS.— 

21 ‘‘(i) IN GENERAL.—In the case of any 

22 covered product, any person may petition 

23 the Secretary to conduct a rulemaking— 

24 ‘‘(I) to prescribe a test procedure 

25 for the covered product; or 


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1 ‘‘(II) to amend the test proce2 dures applicable to the covered prod3 uct to more accurately or fully comply 

4 with paragraph (3). 

5 ‘‘(ii) DETERMINATION.—The Sec6 retary shall— 

7 ‘‘(I) not later than 90 days after 

8 the date of receipt of the petition, 

9 publish the petition in the Federal 

10 Register; and 

11 ‘‘(II) not later than 180 days 

12 after the date of receipt of the peti13 tion, grant or deny the petition. 

14 ‘‘(iii) BASIS.—The Secretary shall 

15 grant a petition if the Secretary finds that 

16 the petition contains evidence that, assum17 ing no other evidence was considered, pro18 vides an adequate basis for determining 

19 that an amended test procedure would 

20 more accurately or fully comply with para21 graph (3). 

22 ‘‘(iv) EFFECT ON OTHER REQUIRE23 MENTS.—The granting of a petition by the 

24 Secretary under this subparagraph shall 

25 create no presumption with respect to the 


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1 determination of the Secretary that the 

2 proposed test procedure meets the require3 ments of paragraph (3). 

4 ‘‘(v) RULEMAKING.— 

5 ‘‘(I) IN GENERAL.—Except as 

6 provided in subclause (II), not later 

7 than the end of the 18-month period 

8 beginning on the date of granting a 

9 petition, the Secretary shall publish 

10 an amended test procedure or a deter11 mination not to amend the test proce12 dure. 

13 ‘‘(II) EXTENSION.—The Sec14 retary may extend the period de15 scribed in subclause (I) for 1 addi16 tional year. 

17 ‘‘(III) DIRECT FINAL RULE.— 

18 The Secretary may adopt a consensus 

19 test procedure in accordance with the 

20 direct final rule procedure established 

21 under section 325(p)(4). 

22 ‘‘(C) TEST PROCEDURES.—The Secretary 

23 may, in accordance with the requirements of 

24 this subsection, prescribe test procedures for 


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1 any consumer product classified as a covered 

2 product under section 322(b). 

3 ‘‘(D) NEW OR AMENDED TEST PROCE4 DURES.—The Secretary shall direct the Na5 tional Institute of Standards and Technology to 

6 assist in developing new or amended test proce7 dures.’’. 

8 (b) CERTAIN INDUSTRIAL EQUIPMENT.—Section 343 

9 of the Energy Policy and Conservation Act (42 U.S.C. 

10 6314) is amended— 

11 (1) in subsection (a), by striking paragraph (1) 

12 and inserting the following: 

13 ‘‘(1) AMENDMENT AND PETITION PROCESS.— 

14 ‘‘(A) IN GENERAL.—At least once every 7 

15 years, the Secretary shall review test procedures 

16 for all covered equipment and— 

17 ‘‘(i) publish in the Federal Register 

18 amended test procedures with respect to 

19 any covered equipment, if the Secretary 

20 determines that amended test procedures 

21 would more accurately or fully comply with 

22 paragraphs (2) and (3); or 

23 ‘‘(ii) publish notice in the Federal 

24 Register of any determination not to 

25 amend a test procedure. 


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1 ‘‘(B) PETITIONS.— 

2 ‘‘(i) IN GENERAL.—In the case of any 

3 class or category of covered equipment, 

4 any person may petition the Secretary to 

5 conduct a rulemaking— 

6 ‘‘(I) to prescribe a test procedure 

7 for the covered equipment; or 

8 ‘‘(II) to amend the test proce9 dures applicable to the covered equip10 ment to more accurately or fully com11 ply with paragraphs (2) and (3). 

12 ‘‘(ii) DETERMINATION.—The Sec13 retary shall— 

14 ‘‘(I) not later than 90 days after 

15 the date of receipt of the petition, 

16 publish the petition in the Federal 

17 Register; and 

18 ‘‘(II) not later than 180 days 

19 after the date of receipt of the peti20 tion, grant or deny the petition. 

21 ‘‘(iii) BASIS.—The Secretary shall 

22 grant a petition if the Secretary finds that 

23 the petition contains evidence that, assum24 ing no other evidence was considered, pro25 vides an adequate basis for determining 


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1 that an amended test method would more 

2 accurately promote energy or water use ef3 ficiency. 

4 ‘‘(iv) EFFECT ON OTHER REQUIRE5 MENTS.—The granting of a petition by the 

6 Secretary under this paragraph shall cre7 ate no presumption with respect to the de8 termination of the Secretary that the pro9 posed test procedure meets the require10 ments of paragraphs (2) and (3). 

11 ‘‘(v) RULEMAKING.— 

12 ‘‘(I) IN GENERAL.—Except as 

13 provided in subclause (II), not later 

14 than the end of the 18-month period 

15 beginning on the date of granting a 

16 petition, the Secretary shall publish 

17 an amended test method or a deter18 mination not to amend the test meth19 od. 

20 ‘‘(II) EXTENSION.—The Sec21 retary may extend the period de22 scribed in subclause (I) for 1 addi23 tional year. 

24 ‘‘(III) DIRECT FINAL RULE.— 

25 The Secretary may adopt a consensus 


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1 test procedure in accordance with the 

2 direct final rule procedure established 

3 under section 325(p).’’; 

4 (2) by striking subsection (c); and 

5 (3) by redesignating subsections (d) and (e) as 

6 subsections (c) and (d), respectively. 

7 SEC. 7. AMENDMENTS TO HOME APPLIANCE TEST METH8 ODS. 

9 Section 323(b) of the Energy Policy and Conserva10 tion Act (42 U.S.C. 6293(b)) (as amended by section 5(c)) 

11 is amended by adding at the end the following: 

12 ‘‘(23) REFRIGERATOR AND FREEZER TEST PRO13 CEDURE.— 

14 ‘‘(A) IN GENERAL.—Not later than 90 

15 days after the date on which the Secretary pub16 lishes the final standard rule that was proposed 

17 on September 27, 2010, the Secretary shall fi18 nalize the interim final test procedure rule pro19 posed on December 16, 2010, with such subse20 quent modifications to the test procedure or 

21 standards as the Secretary determines to be ap22 propriate and consistent with this part. 

23 ‘‘(B) RULEMAKING.— 

24 ‘‘(i) INITIATION.—Not later than Jan25 uary 1, 2012, the Secretary shall initiate a 


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1 rulemaking to amend the test procedure 

2 described in subparagraph (A) only to in3 corporate measured automatic icemaker 

4 energy use. 

5 ‘‘(ii) FINAL RULE.—Not later than 

6 December 31, 2012, the Secretary shall 

7 publish a final rule regarding the matter 

8 described in clause (i). 

9 ‘‘(24) ADDITIONAL HOME APPLIANCE TEST

10 PROCEDURES.— 

11 ‘‘(A) AMENDED TEST PROCEDURE FOR

12 CLOTHES WASHERS.—Not later than October 1, 

13 2011, the Secretary shall publish a final rule 

14 amending the residential clothes washer test 

15 procedure. 

16 ‘‘(B) AMENDED TEST PROCEDURE FOR

17 CLOTHES DRYERS.— 

18 ‘‘(i) IN GENERAL.—Not later than 

19 180 days after the date of enactment of 

20 this paragraph, the Secretary shall publish 

21 an amended test procedure for clothes dry22 ers. 

23 ‘‘(ii) REQUIREMENT.—The amend24 ments to the test procedure shall be lim25 ited to modifications requiring that tested 


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1 dryers are run until the cycle (including 

2 cool down) is ended by automatic termi3 nation controls, if equipped with those con4 trols.’’. 

5 SEC. 8. CREDIT FOR ENERGY STAR SMART APPLIANCES. 

6 Section 324A of the Energy Policy and Conservation 

7 Act (42 U.S.C. 6294a) is amended by adding at the end 

8 the following: 

9 ‘‘(e) CREDIT FOR SMART APPLIANCES.—Not later 

10 than 180 days after the date of enactment of this sub11 section, after soliciting comments pursuant to subsection 

12 (c)(5), the Administrator of the Environmental Protection 

13 Agency, in cooperation with the Secretary, shall determine 

14 whether to update the Energy Star criteria for residential 

15 refrigerators, refrigerator-freezers, freezers, dishwashers, 

16 clothes washers, clothes dryers, and room air conditioners 

17 to incorporate smart grid and demand response features.’’. 

18 SEC. 9. VIDEO GAME CONSOLE ENERGY EFFICIENCY 

19 STUDY. 

20 (a) IN GENERAL.—Part B of title III of the Energy 

21 Policy and Conservation Act is amended by inserting after 

22 section 324A (42 U.S.C. 6294a) the following: 

23 ‘‘SEC. 324B. VIDEO GAME CONSOLE ENERGY EFFICIENCY 

24 STUDY. 

25 ‘‘(a) INITIAL STUDY.— 


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

2 the date of enactment of this section, the Secretary 

3 shall conduct a study of— 

4 ‘‘(A) video game console energy use; and 

5 ‘‘(B) opportunities for energy savings re6 garding that energy use. 

7 ‘‘(2) INCLUSIONS.—The study under paragraph 

8 (1) shall include an assessment of all power-con9 suming modes and media playback modes of video 

10 game consoles. 

11 ‘‘(b) ACTION ON COMPLETION.—On completion of 

12 the initial study under subsection (a), the Secretary shall 

13 determine, by regulation, using the criteria and procedures 

14 described in section 325(n)(2), whether to initiate a proc15 ess for establishing minimum energy efficiency standards 

16 for video game console energy use. 

17 ‘‘(c) FOLLOW-UP STUDY.—If the Secretary deter18 mines under subsection (b) that standards should not be 

19 established, the Secretary shall conduct a follow-up study 

20 in accordance with subsection (a) by not later than 3 years 

21 after the date of the determination.’’. 

22 (b) APPLICATION DATE.—Subsection (nn)(1) of sec23 tion 325 of the Energy Policy and Conservation Act (42 

24 U.S.C. 6295) (as redesignated by section 5(d)(1)) is 


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1 amended by inserting ‘‘or section 324B’’ after ‘‘subsection 

2 (l), (u), or (v)’’ each place it appears. 

3 SEC. 10. REFRIGERATOR AND FREEZER STANDARDS. 

4 Section 325(b) of the Energy Policy and Conserva5 tion Act (42 U.S.C. 6295(b)) is amended by striking para6 graph (4) and inserting the following: 

7 ‘‘(4) REFRIGERATORS, REFRIGERATOR-FREEZ8 ERS, AND FREEZERS MANUFACTURED AS OF JANU9 ARY 1, 2014.— 

10 ‘‘(A) DEFINITION OF BUILT-IN PRODUCT

11 CLASS.—In this paragraph, the term ‘built-in 

12 product class’ means a refrigerator, freezer, or 

13 refrigerator with a freezer unit that— 

14 ‘‘(i) is 7.75 cubic feet or greater in 

15 total volume and 24 inches or less in cabi16 net depth (not including doors, handles, 

17 and custom front panels); 

18 ‘‘(ii) is designed to be totally encased 

19 by cabinetry or panels attached during in20 stallation; 

21 ‘‘(iii) is designed to accept a custom 

22 front panel or to be equipped with an inte23 gral factory-finished face; 


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1 ‘‘(iv) is designed to be securely fas2 tened to adjacent cabinetry, walls, or 

3 floors; and 

4 ‘‘(v) has 2 or more sides that are 

5 not— 

6 ‘‘(I) fully finished; and 

7 ‘‘(II) intended to be visible after 

8 installation. 

9 ‘‘(B) MAXIMUM ENERGY USE.— 

10 ‘‘(i) IN GENERAL.—Based on the test 

11 procedure in effect on July 9, 2010, the 

12 maximum energy use allowed in kilowatt 

13 hours per year for each product described 

14 in the table contained in clause (ii) (other 

15 than refrigerators and refrigerator-freezers 

16 with total refrigerated volume exceeding 39 

17 cubic feet and freezers with total refrig18 erated volume exceeding 30 cubic feet) that 

19 is manufactured on or after January 1, 

20 2014, is specified in the table contained in 

21 that clause. 

22 ‘‘(ii) STANDARDS EQUATIONS.—The 

23 allowed maximum energy use referred to in 

24 clause (i) is as follows: 

‘‘Standards Equations 


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Product Description 

Automatic Defrost Refrigerator-Freezers 

Top Freezer w/o TTD ice 7.35 AV+ 207.0 

Top Freezer w/ TTD ice 7.65 AV+ 267.0 

Side Freezer w/o TTD ice 3.68 AV+ 380.6 

Side Freezer w/ TTD ice 7.58 AV+304.5 

Bottom Freezer w/o TTD ice 3.68 AV+ 367.2 

Bottom Freezer w/ TTD ice 4.0 AV+ 431.2 

Manual & Partial Automatic Refrigerator-Freezers 

Manual Defrost 7.06 AV+ 198.7 

Partial Automatic 7.06 AV+198.7 

All Refrigerators 

Manual Defrost 7.06AV+198.7 

Automatic Defrost 7.35 AV+ 207.0 

All Freezers 

Upright with manual defrost 5.66 AV+ 193.7 

Upright with automatic defrost 8.70 AV+ 228.3 

Chest with manual defrost 7.41 AV+ 107.8 

Chest with automatic defrost 10.33 AV+ 148.1 

Automatic Defrost Refrigerator-Freezers–Compact Size 

Top Freezer and Bottom Freezer 10.80 AV+ 301.8 

Side Freezer 6.08 AV+ 400.8 

Manual & Partial Automatic Refrigerator-Freezers–Compact 

Size 

Manual Defrost 8.03 AV+ 224.3 

Partial Automatic 5.25 AV+ 298.5 

All Refrigerators–Compact Size 

Manual defrost 8.03 AV+ 224.3 

Automatic defrost 9.53 AV+ 266.3 


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All Freezers–Compact Size 

Upright with manual defrost 8.80 AV+ 225.7 

Upright with automatic defrost 10.26 AV+ 351.9 

Chest 9.41AV+ 136.8 

Automatic Defrost Refrigerator-Freezers–Built-ins 

Top Freezer w/o TTD ice 7.84 AV+ 220.8 

Side Freezer w/o TTD ice 3.93 AV+ 406.0 

Side Freezer w/ TTD ice 8.08 AV+ 324.8 

Bottom Freezer w/o TTD ice 3.91 AV+ 390.2 

Bottom Freezer w/ TTD ice 4.25 AV+ 458.2 

All Refrigerators–Built-ins 

Automatic Defrost 7.84 AV+ 220.8 

All Freezers–Built-ins 

Upright with automatic defrost 9.32 AV+ 244.6. 

1 ‘‘(iii) FINAL RULES.— 

2 ‘‘(I) IN GENERAL.—Except as 

3 provided in subclause (II), after the 

4 date of publication of each test proce5 dure change made pursuant to section 

6 323(b)(23), in accordance with the 

7 procedures described in section 

8 323(e)(2), the Secretary shall publish 

9 final rules to amend the standards 

10 specified in the table contained in 

11 clause (ii). 

12 ‘‘(II) EXCEPTION.—The stand13 ards amendment made pursuant to 


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1 the test procedure change required 

2 under section 323(b)(23)(B) shall be 

3 based on the difference between— 

4 ‘‘(aa) the average measured 

5 automatic ice maker energy use 

6 of a representative sample for 

7 each product class; and 

8 ‘‘(bb) the value assumed by 

9 the Department of Energy for ice 

10 maker energy use in the test pro11 cedure published pursuant to sec12 tion 323(b)(23)(A). 

13 ‘‘(III) APPLICABILITY.—Section 

14 323(e)(3) shall not apply to the rules 

15 described in this clause. 

16 ‘‘(iv) FINAL RULE.—The Secretary 

17 shall publish any final rule required by 

18 clause (iii) by not later than the later of 

19 the date that is 180 days after— 

20 ‘‘(I) the date of enactment of this 

21 clause; or 

22 ‘‘(II) the date of publication of a 

23 final rule to amend the test procedure 

24 described in section 323(b)(23). 


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1 ‘‘(v) NEW PRODUCT CLASSES.—The 

2 Secretary may establish 1 or more new 

3 product classes as part of the final amend4 ed standard adopted pursuant to the test 

5 procedure change required under section 

6 323(b)(23)(B) if the 1 or more new prod7 uct classes are needed to distinguish 

8 among products with automatic icemakers. 

9 ‘‘(vi) EFFECTIVE DATES OF STAND10 ARDS.— 

11 ‘‘(I) STANDARDS AMENDMENT

12 FOR FIRST REVISED TEST PROCE13 DURE.—A standards amendment 

14 adopted pursuant to a test procedure 

15 change required under section 

16 323(b)(23)(A) shall apply to any 

17 product manufactured as of January 

18 1, 2014. 

19 ‘‘(II) STANDARDS AMENDMENT

20 AFTER REVISED TEST PROCEDURE

21 FOR ICEMAKER ENERGY.—An amend22 ment adopted pursuant to a test pro23 cedure change required under section 

24 323(b)(23)(B) shall apply to any 

25 product manufactured as of the date 


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1 that is 3 years after the date of publi2 cation of the final rule amending the 

3 standards. 

4 ‘‘(vii) SLOPE AND INTERCEPT AD5 JUSTMENTS.— 

6 ‘‘(I) IN GENERAL.—With respect 

7 to refrigerators, freezers, and refrig8 erator-freezers, the Secretary may, by 

9 rule, adjust the slope and intercept of 

10 the equations specified in the table 

11 contained in clause (ii)— 

12 ‘‘(aa) based on the energy 

13 use of typical products of various 

14 sizes in a product class; and 

15 ‘‘(bb) if the average energy 

16 use for each of the classes is the 

17 same under the new equations as 

18 under the equations specified in 

19 the table contained in clause (ii). 

20 ‘‘(II) DEADLINE.—If the Sec21 retary adjusts the slope and intercept 

22 of an equation described in subclause 

23 (I), the Secretary shall publish the 

24 final rule containing the adjustment 

25 by not later than July 1, 2011. 


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1 ‘‘(viii) EFFECT.—A final rule pub2 lished under clause (iii) pursuant to the 

3 test procedure change required under sec4 tion 323(b)(23)(B) or pursuant to clause 

5 (iv) shall not be considered to be an 

6 amendment to the standard for purposes 

7 of section 325(m).’’. 

8 SEC. 11. ROOM AIR CONDITIONER STANDARDS. 

9 Section 325(c) of the Energy Policy and Conservation 

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

11 the following: 

12 ‘‘(3) MINIMUM ENERGY EFFICIENCY RATIO OF

13 ROOM AIR CONDITIONERS MANUFACTURED ON OR

14 AFTER JUNE 1, 2014.— 

15 ‘‘(A) IN GENERAL.—Based on the test pro16 cedure in effect on July 9, 2010, the minimum 

17 energy efficiency ratios of room air conditioners 

18 manufactured on or after June 1, 2014, shall 

19 not be less than that specified in the table con20 tained in subparagraph (B). 

21 ‘‘(B) MINIMUM ENERGY EFFICIENCY RA22 TIOS.—The minimum energy efficiency ratios 

23 referred to in subparagraph (A) are as follows: 

‘‘Product Description Minimum EER 

Without Reverse Cycle w/Louvers


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‘‘Product Description Minimum EER 

<6,000 Btu/h 11.2

6,000 to 7,999 Btu/h 11.2

8,000-13,999 Btu/h 11.0

14,000 to 19,999 Btu/h 10.8

20,000-27,999 Btu/h 9.4

≥28,000 Btu/h 9.0

Without Reverse Cycle w/o Louvers

<6,000 Btu/h 10.2

6,000 to 7,999 Btu/h 10.2

8,000-10,999 Btu/h 9.7

11,000-13,999 Btu/h 9.6

14,000 to 19,999 Btu/h 9.4

≥20,000 Btu/h 9.4

With Reverse Cycle 

<20,000 w/Louvers Btu/h 9.9

≥ 20,000 w/Louvers Btu/h 9.4

<14,000 w/o Louvers Btu/h 9.4

≥14,000 w/o Louvers Btu/h 8.8

Casement

Casement Only 9.6

Casement-Slider 10.5. 

1 ‘‘(C) FINAL RULE.— 

2 ‘‘(i) IN GENERAL.—Not later than 

3 July 1, 2011, pursuant to the test proce4 dure adopted by the Secretary on January 

5 6, 2011, the Secretary shall amend the 


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1 standards specified in the table contained 

2 in subparagraph (B) in accordance with 

3 the procedures described in section 

4 323(e)(2). 

5 ‘‘(ii) STANDBY AND OFF MODE EN6 ERGY CONSUMPTION.— 

7 ‘‘(I) IN GENERAL.—The Sec8 retary shall integrate standby and off 

9 mode energy consumption into the 

10 amended energy efficiency ratios 

11 standards required under clause (i). 

12 ‘‘(II) REQUIREMENTS.—The 

13 amended standards described in sub14 clause (I) shall reflect the levels of 

15 standby and off mode energy con16 sumption that meet the criteria de17 scribed in section 325(o). 

18 ‘‘(iii) APPLICABILITY.— 

19 ‘‘(I) AMENDMENT OF STAND20 ARD.—Section 323(e)(3) shall not 

21 apply to the amended standards de22 scribed in clause (i). 

23 ‘‘(II) AMENDED STANDARDS.— 

24 The amended standards required by 

25 this subparagraph shall apply to prodVerDate Mar 15 2010 23:38 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S398.IS S398

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1 ucts manufactured on or after June 1, 

2 2014.’’. 

3 SEC. 12. UNIFORM EFFICIENCY DESCRIPTOR FOR COV4 ERED WATER HEATERS. 

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

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

7 the following: 

8 ‘‘(5) UNIFORM EFFICIENCY DESCRIPTOR FOR

9 COVERED WATER HEATERS.— 

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

11 ‘‘(i) COVERED WATER HEATER.—The 

12 term ‘covered water heater’ means— 

13 ‘‘(I) a water heater; and 

14 ‘‘(II) a storage water heater, in15 stantaneous water heater, and unfired 

16 water storage tank (as defined in sec17 tion 340). 

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

19 rule’ means the final rule published under 

20 this paragraph. 

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

22 later than 180 days after the date of enactment 

23 of this paragraph, the Secretary shall publish a 

24 final rule that establishes a uniform efficiency 


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1 descriptor and accompanying test methods for 

2 covered water heaters. 

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

4 rule shall be to replace with a uniform effi5 ciency descriptor— 

6 ‘‘(i) the energy factor descriptor for 

7 water heaters established under this sub8 section; and 

9 ‘‘(ii) the thermal efficiency and stand10 by loss descriptors for storage water heat11 ers, instantaneous water heaters, and 

12 unfired water storage tanks established 

13 under section 342(a)(5). 

14 ‘‘(D) EFFECT OF FINAL RULE.— 

15 ‘‘(i) IN GENERAL.—Notwithstanding 

16 any other provision of this title, effective 

17 beginning on the effective date of the final 

18 rule, the efficiency standard for covered 

19 water heaters shall be denominated accord20 ing to the efficiency descriptor established 

21 by the final rule. 

22 ‘‘(ii) EFFECTIVE DATE.—The final 

23 rule shall take effect 1 year after the date 

24 of publication of the final rule under sub25 paragraph (B). 


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1 ‘‘(E) CONVERSION FACTOR.— 

2 ‘‘(i) IN GENERAL.—The Secretary 

3 shall develop a mathematical conversion 

4 factor for converting the measurement of 

5 efficiency for covered water heaters from 

6 the test procedures in effect on the date of 

7 enactment of this paragraph to the new 

8 energy descriptor established under the 

9 final rule. 

10 ‘‘(ii) APPLICATION.—The conversion 

11 factor shall apply to models of covered 

12 water heaters affected by the final rule and 

13 tested prior to the effective date of the 

14 final rule. 

15 ‘‘(iii) EFFECT ON EFFICIENCY RE16 QUIREMENTS.—The conversion factor shall 

17 not affect the minimum efficiency require18 ments for covered water heaters otherwise 

19 established under this title. 

20 ‘‘(iv) USE.—During the period de21 scribed in clause (v), a manufacturer may 

22 apply the conversion factor established by 

23 the Secretary to rerate existing models of 

24 covered water heaters that are in existence 

25 prior to the effective date of the rule deVerDate Mar 15 2010 23:38 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S398.IS S398

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1 scribed in clause (v)(II) to comply with the 

2 new efficiency descriptor. 

3 ‘‘(v) PERIOD.—Subclause (E) shall 

4 apply during the period— 

5 ‘‘(I) beginning on the date of 

6 publication of the conversion factor in 

7 the Federal Register; and 

8 ‘‘(II) ending on April 16, 2015. 

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

10 exclude a specific category of covered water 

11 heaters from the uniform efficiency descriptor 

12 established under this paragraph if the Sec13 retary determines that the category of water 

14 heaters— 

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

16 and can be clearly described in the final 

17 rule; and 

18 ‘‘(ii) are effectively rated using the 

19 thermal efficiency and standby loss 

20 descriptors applied (on the date of enact21 ment of this paragraph) to the category 

22 under section 342(a)(5). 

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

24 final rule may be— 


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

2 factor descriptor in use on the date of en3 actment of this paragraph; 

4 ‘‘(ii) the thermal efficiency and stand5 by loss descriptors in use on that date; 

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

7 efficiency and standby loss descriptors; 

8 ‘‘(iv) a hybrid of descriptors; or 

9 ‘‘(v) a new approach. 

10 ‘‘(H) APPLICATION.—The efficiency 

11 descriptor and accompanying test method estab12 lished under the final rule shall apply, to the 

13 maximum extent practicable, to all water heat14 ing technologies in use on the date of enact15 ment of this paragraph and to future water 

16 heating technologies. 

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

18 invite interested stakeholders to participate in 

19 the rulemaking process used to establish the 

20 final rule. 

21 ‘‘(J) TESTING OF ALTERNATIVE

22 DESCRIPTORS.—In establishing the final rule, 

23 the Secretary shall contract with the National 

24 Institute of Standards and Technology, as nec25 essary, to conduct testing and simulation of alVerDate Mar 15 2010 23:38 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S398.IS S398

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1 ternative descriptors identified for consider2 ation. 

3 ‘‘(K) EXISTING COVERED WATER HEAT4 ERS.—A covered water heater shall be consid5 ered to comply with the final rule on and after 

6 the effective date of the final rule and with any 

7 revised labeling requirements established by the 

8 Federal Trade Commission to carry out the 

9 final rule if the covered water heater— 

10 ‘‘(i) was manufactured prior to the ef11 fective date of the final rule; and 

12 ‘‘(ii) complied with the efficiency 

13 standards and labeling requirements in ef14 fect prior to the final rule.’’. 

15 SEC. 13. CLOTHES DRYERS. 

16 Section 325(g)(4) of the Energy Policy and Con17 servation Act (42 U.S.C. 6295(g)(4)) is amended by add18 ing at the end the following: 

19 ‘‘(D) MINIMUM ENERGY FACTORS FOR

20 CLOTHES DRYERS.— 

21 ‘‘(i) IN GENERAL.—Based on the test 

22 procedure in effect as of July 9, 2010, 

23 clothes dryers manufactured on or after 

24 January 1, 2015, shall comply with the 


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1 minimum energy factors specified in the 

2 table contained in clause (ii). 

3 ‘‘(ii) NEW STANDARDS.—The min4 imum energy factors referred to in clause 

5 (i) are as follows: 

‘‘Product Description EF 

Vented Electric Standard 3.17.

Vented Electric Compact 120V 3.29.

Vented Electric Compact 240V 3.05.

Vented Gas 2.81.

Vent-Less Electric Compact 240V 2.37.

Vent-Less Electric Combination Washer/Dryer 1.95.

6 ‘‘(iii) FINAL RULE.— 

7 ‘‘(I) REQUIREMENTS.— 

8 ‘‘(aa) IN GENERAL.—The 

9 final rule to amend the clothes 

10 dryer test procedure adopted pur11 suant to section 323(b)(24)(B) 

12 shall amend the energy factors 

13 standards specified in the table 

14 contained in clause (ii) in accord15 ance with the procedures de16 scribed in section 323(e)(2). 

17 ‘‘(bb) REPRESENTATIVE

18 SAMPLE.—To establish a repVerDate Mar 15 2010 23:38 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S398.IS S398

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1 resentative sample of compliant 

2 products, the Secretary shall se3 lect a sample of minimally com4 pliant dryers that automatically 

5 terminate the drying cycle at not 

6 less than 4 percent remaining 

7 moisture content. 

8 ‘‘(II) STANDBY AND OFF MODE

9 ENERGY CONSUMPTION.— 

10 ‘‘(aa) INTEGRATION.—The 

11 Secretary shall integrate standby 

12 and off mode energy consumption 

13 into the amended standards re14 quired under subclause (I). 

15 ‘‘(bb) REQUIREMENTS.— 

16 The amended standards de17 scribed in item (aa) shall reflect 

18 levels of standby and off mode 

19 energy consumption that meet 

20 the criteria described in section 

21 325(o). 

22 ‘‘(III) APPLICABILITY.— 

23 ‘‘(aa) AMENDMENT OF

24 STANDARD.—Section 323(e)(3) 

25 shall not apply to the amended 


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1 standards described in subclause 

2 (I). 

3 ‘‘(bb) AMENDED STAND4 ARDS.—The amended standards 

5 required by this clause shall 

6 apply to products manufactured 

7 on or after January 1, 2015. 

8 ‘‘(iv) OTHER STANDARDS.—Any dryer 

9 energy conservation standard that takes ef10 fect after the date of enactment of this 

11 subparagraph but before the amended 

12 standard required by this subparagraph 

13 shall not apply.’’. 

14 SEC. 14. STANDARDS FOR CLOTHES WASHERS. 

15 Section 325(g)(9) of the Energy Policy and Con16 servation Act (42 U.S.C. 6295(g)(9)) is amended by strik17 ing subparagraph (B) and inserting the following: 

18 ‘‘(B) AMENDMENT OF STANDARDS.— 

19 ‘‘(i) PRODUCTS MANUFACTURED ON

20 OR AFTER JANUARY 1, 2015.— 

21 ‘‘(I) IN GENERAL.—Based on the 

22 test procedure in effect on July 9, 

23 2010, clothes washers manufactured 

24 on or after January 1, 2015, shall 

25 comply with the minimum modified 


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1 energy factors and maximum water 

2 factors specified in the table contained 

3 in subclause (II). 

4 ‘‘(II) STANDARDS.—The min5 imum modified energy factors and 

6 maximum water factors referred to in 

7 subclause (I) are as follows: 

‘‘MEF WF 

Top Loading—Standard 1.72 8.0 

Top Loading—Compact 1.26 14.0 

Front Loading—Standard 2.2 4.5 

Front Loading—Compact 

(less than 1.6 cu. ft. capacity) 

1.72 8.0. 

8 ‘‘(ii) PRODUCTS MANUFACTURED ON

9 OR AFTER JANUARY 1, 2018.— 

10 ‘‘(I) IN GENERAL.—Based on the 

11 test procedure in effect on July 9, 

12 2010, top-loading clothes washers 

13 manufactured on or after January 1, 

14 2018, shall comply with the minimum 

15 modified energy factors and maximum 

16 water factors specified in the table 

17 contained in subclause (II). 

18 ‘‘(II) STANDARDS.—The min19 imum modified energy factors and 


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1 maximum water factors referred to in 

2 subclause (I) are as follows: 

‘‘MEF WF 

Top Loading—Standard 2.0 6.0 

Top Loading—Compact 1.81 11.6. 

3 ‘‘(iii) FINAL RULE.— 

4 ‘‘(I) IN GENERAL.—The final 

5 rule to amend the clothes washer test 

6 procedure adopted pursuant to section 

7 323(b)(24)(A) shall amend the stand8 ards described in clauses (i) and (ii) 

9 in accordance with the procedures de10 scribed in section 323(e)(2). 

11 ‘‘(II) STANDBY AND OFF MODE

12 ENERGY CONSUMPTION.— 

13 ‘‘(aa) INTEGRATION.—The 

14 Secretary shall integrate standby 

15 and off mode energy consumption 

16 into the amended modified en17 ergy factor standards required 

18 under subclause (I). 

19 ‘‘(bb) REQUIREMENTS.— 

20 The amended modified energy 

21 factor standards described in 

22 item (aa) shall reflect levels of 


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1 standby and off mode energy 

2 consumption that meet the cri3 teria described in section 325(o). 

4 ‘‘(III) APPLICABILITY.— 

5 ‘‘(aa) AMENDMENT OF

6 STANDARD.—Section 323(e)(3) 

7 shall not apply to the amended 

8 standards described in subclause 

9 (I). 

10 ‘‘(bb) AMENDED STANDARDS

11 FOR PRODUCTS MANUFACTURED

12 ON OR AFTER JANUARY 1, 2015.— 

13 Amended standards required by 

14 this clause that are based on 

15 clause (i) shall apply to products 

16 manufactured on or after Janu17 ary 1, 2015. 

18 ‘‘(cc) AMENDED STANDARDS

19 FOR PRODUCTS MANUFACTURED

20 ON OR AFTER JANUARY 1, 2018.— 

21 Amended standards required by 

22 this clause that are based on 

23 clause (ii) shall apply to products 

24 manufactured on or after Janu25 ary 1, 2018.’’. 


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1 SEC. 15. DISHWASHERS. 

2 Section 325(g)(10) of the Energy Policy and Con3 servation Act (42 U.S.C. 6295(g)(10)) is amended— 

4 (1) by striking subparagraph (A); 

5 (2) by redesignating subparagraph (B) as sub6 paragraph (D); and 

7 (3) by inserting before subparagraph (D) (as 

8 redesignated by paragraph (2)) the following: 

9 ‘‘(A) DISHWASHERS MANUFACTURED ON

10 OR AFTER JANUARY 1, 2010.—A dishwasher 

11 manufactured on or after January 1, 2010, 

12 shall— 

13 ‘‘(i) for a standard size dishwasher, 

14 not exceed 355 kilowatt hours per year and 

15 6.5 gallons per cycle; and 

16 ‘‘(ii) for a compact size dishwasher, 

17 not exceed 260 kilowatt hours per year and 

18 4.5 gallons per cycle. 

19 ‘‘(B) DISHWASHERS MANUFACTURED ON

20 OR AFTER JANUARY 1, 2013.—A dishwasher 

21 manufactured on or after January 1, 2013, 

22 shall— 

23 ‘‘(i) for a standard size dishwasher, 

24 not exceed 307 kilowatt hours per year and 

25 5.0 gallons per cycle; and 


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1 ‘‘(ii) for a compact size dishwasher, 

2 not exceed 222 kilowatt hours per year and 

3 3.5 gallons per cycle. 

4 ‘‘(C) REQUIREMENTS OF FINAL RULES.— 

5 ‘‘(i) IN GENERAL.—Any final rule to 

6 amend the dishwasher test procedure after 

7 July 9, 2010, and before January 1, 2013, 

8 shall amend the standards described in 

9 subparagraph (B) in accordance with the 

10 procedures described in section 323(e)(2). 

11 ‘‘(ii) APPLICABILITY.— 

12 ‘‘(I) AMENDMENT OF STAND13 ARD.—Section 323(e)(3) shall not 

14 apply to the amended standards de15 scribed in clause (i). 

16 ‘‘(II) AMENDED STANDARDS.— 

17 The amended standards required by 

18 this subparagraph shall apply to prod19 ucts manufactured on or after Janu20 ary 1, 2013.’’. 

21 SEC. 16. PETITION FOR AMENDED STANDARDS. 

22 Section 325(n) of the Energy Policy and Conserva23 tion Act (42 U.S.C. 6295(n)) is amended— 

24 (1) by redesignating paragraph (3) as para25 graph (5); and 


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1 (2) by inserting after paragraph (2) the fol2 lowing: 

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

4 180 days after the date of receiving a petition, the 

5 Secretary shall publish in the Federal Register a no6 tice of, and explanation for, the decision of the Sec7 retary to grant or deny the petition. 

8 ‘‘(4) NEW OR AMENDED STANDARDS.—Not 

9 later than 3 years after the date of granting a peti10 tion for new or amended standards, the Secretary 

11 shall publish in the Federal Register— 

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

13 amended standards; or 

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

15 amended standards are necessary.’’. 

16 SEC. 17. PROHIBITED ACTS. 

17 Section 332(a) of the Energy Policy and Conserva18 tion Act (42 U.S.C. 6302(a)) is amended— 

19 (1) in paragraph (1), by striking ‘‘for any man20 ufacturer or private labeler to distribute’’ and insert21 ing ‘‘for any manufacturer (or representative of a 

22 manufacturer), distributor, retailer, or private label23 er to offer for sale or distribute’’; 

24 (2) by striking paragraph (5) and inserting the 

25 following: 


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1 ‘‘(5) for any manufacturer (or representative of 

2 a manufacturer), distributor, retailer, or private la3 beler— 

4 ‘‘(A) to offer for sale or distribute in com5 merce any new covered product that is not in 

6 conformity with an applicable energy conserva7 tion standard established in or prescribed under 

8 this part; or 

9 ‘‘(B) if the standard is a regional standard 

10 that is more stringent than the base national 

11 standard, to offer for sale or distribute in com12 merce any new covered product having knowl13 edge (consistent with the definition of ‘know14 ingly’ in section 333(b)) that the product will 

15 be installed at a location covered by a regional 

16 standard established in or prescribed under this 

17 part and will not be in conformity with the 

18 standard;’’; 

19 (3) in paragraph (6) (as added by section 

20 306(b)(2) of Public Law 110–140 (121 Stat. 

21 1559)), by striking the period at the end and insert22 ing a semicolon; 

23 (4) by redesignating paragraph (6) (as added 

24 by section 321(e)(3) of Public Law 110–140 (121 

25 Stat. 1586)) as paragraph (7); 


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1 (5) in paragraph (7) (as so redesignated)— 

2 (A) by striking ‘‘for any manufacturer, dis3 tributor, retailer, or private labeler to dis4 tribute’’ and inserting ‘‘for any manufacturer 

5 (or representative of a manufacturer), dis6 tributor, retailer, or private labeler to offer for 

7 sale or distribute’’; and 

8 (B) by striking the period at the end and 

9 inserting a semicolon; and 

10 (6) by inserting after paragraph (7) (as so re11 designated) the following: 

12 ‘‘(8) for any manufacturer or private labeler to 

13 distribute in commerce any new covered product that 

14 has not been properly certified in accordance with 

15 the requirements established in or prescribed under 

16 this part; 

17 ‘‘(9) for any manufacturer or private labeler to 

18 distribute in commerce any new covered product that 

19 has not been properly tested in accordance with the 

20 requirements established in or prescribed under this 

21 part; and 

22 ‘‘(10) for any manufacturer or private labeler to 

23 violate any regulation lawfully promulgated to imple24 ment any provision of this part.’’. 


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1 SEC. 18. OUTDOOR LIGHTING. 

2 (a) DEFINITIONS.— 

3 (1) COVERED EQUIPMENT.—Section 340(1) of 

4 the Energy Policy and Conservation Act (42 U.S.C. 

5 6311(1)) is amended— 

6 (A) by redesignating subparagraph (L) as 

7 subparagraph (O); and 

8 (B) by inserting after subparagraph (K) 

9 the following: 

10 ‘‘(L) High light output double-ended 

11 quartz halogen lamps. 

12 ‘‘(M) General purpose mercury vapor 

13 lamps.’’. 

14 (2) INDUSTRIAL EQUIPMENT.—Section 

15 340(2)(B) of the Energy Policy and Conservation 

16 Act (42 U.S.C. 6311(2)(B)) is amended— 

17 (A) by striking ‘‘and’’ before ‘‘unfired hot 

18 water’’; and 

19 (B) by inserting after ‘‘tanks’’ the fol20 lowing: ‘‘, high light output double-ended quartz 

21 halogen lamps, and general purpose mercury 

22 vapor lamps’’. 

23 (3) NEW DEFINITIONS.—Section 340 of the 

24 Energy Policy and Conservation Act (42 U.S.C. 

25 6311) is amended— 


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1 (A) by redesignating paragraphs (22) and 

2 (23) (as amended by sections 312(a)(2) and 

3 314(a) of the Energy Independence and Secu4 rity Act of 2007 (121 Stat. 1564, 1569)) as 

5 paragraphs (23) and (24), respectively; and 

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

7 ‘‘(25) GENERAL PURPOSE MERCURY VAPOR

8 LAMP.—The term ‘general purpose mercury vapor 

9 lamp’ means a mercury vapor lamp (as defined in 

10 section 321) that— 

11 ‘‘(A) has a screw base; 

12 ‘‘(B) is designed for use in general lighting 

13 applications (as defined in section 321); 

14 ‘‘(C) is not a specialty application mercury 

15 vapor lamp; and 

16 ‘‘(D) is designed to operate on a mercury 

17 vapor lamp ballast (as defined in section 321) 

18 or is a self-ballasted lamp. 

19 ‘‘(26) HIGH LIGHT OUTPUT DOUBLE-ENDED

20 QUARTZ HALOGEN LAMP.—The term ‘high light out21 put double-ended quartz halogen lamp’ means a 

22 lamp that— 

23 ‘‘(A) is designed for general outdoor light24 ing purposes; 

25 ‘‘(B) contains a tungsten filament; 


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1 ‘‘(C) has a rated initial lumen value of 

2 greater than 6,000 and less than 40,000 

3 lumens; 

4 ‘‘(D) has at each end a recessed single 

5 contact, R7s base; 

6 ‘‘(E) has a maximum overall length (MOL) 

7 between 4 and 11 inches; 

‘‘(F) has a nominal diameter less than 3 8 ⁄4

9 inch (T6); 

10 ‘‘(G) is designed to be operated at a volt11 age not less than 110 volts and not greater 

12 than 200 volts or is designed to be operated at 

13 a voltage between 235 volts and 300 volts; 

14 ‘‘(H) is not a tubular quartz infrared heat 

15 lamp; and 

16 ‘‘(I) is not a lamp marked and marketed 

17 as a Stage and Studio lamp with a rated life of 

18 500 hours or less. 

19 ‘‘(27) SPECIALTY APPLICATION MERCURY

20 VAPOR LAMP.—The term ‘specialty application mer21 cury vapor lamp’ means a mercury vapor lamp (as 

22 defined in section 321) that is— 

23 ‘‘(A) designed only to operate on a spe24 cialty application mercury vapor lamp ballast 

25 (as defined in section 321); and 


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1 ‘‘(B) is marked and marketed for specialty 

2 applications only. 

3 ‘‘(28) TUBULAR QUARTZ INFRARED HEAT

4 LAMP.—The term ‘tubular quartz infrared heat 

5 lamp’ means a double-ended quartz halogen lamp 

6 that— 

7 ‘‘(A) is marked and marketed as an infra8 red heat lamp; and 

9 ‘‘(B) radiates predominately in the infra10 red radiation range and in which the visible ra11 diation is not of principle interest.’’. 

12 (b) STANDARDS.—Section 342 of the Energy Policy 

13 and Conservation Act (42 U.S.C. 6313) is amended by 

14 adding at the end the following: 

15 ‘‘(g) HIGH LIGHT OUTPUT DOUBLE-ENDED QUARTZ

16 HALOGEN LAMPS.—A high light output double-ended 

17 quartz halogen lamp manufactured on or after January 

18 1, 2016, shall have a minimum efficiency of— 

19 ‘‘(1) 27 LPW for lamps with a minimum rated 

20 initial lumen value greater than 6,000 and a max21 imum initial lumen value of 15,000; and 

22 ‘‘(2) 34 LPW for lamps with a rated initial 

23 lumen value greater than 15,000 and less than 

24 40,000. 


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1 ‘‘(h) GENERAL PURPOSE MERCURY VAPOR

2 LAMPS.—A general purpose mercury vapor lamp shall not 

3 be manufactured on or after January 1, 2016.’’. 

4 (c) PREEMPTION.—Section 345 of the Energy Policy 

5 and Conservation Act (42 U.S.C. 6316) is amended— 

6 (1) in the first sentence of subsection (a), by 

7 striking ‘‘The’’ and inserting ‘‘Except as otherwise 

8 provided in this section, the’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(i) HIGH LIGHT OUTPUT DOUBLE-ENDED QUARTZ

11 HALOGEN LAMPS.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), section 327 shall apply to high light out14 put double-ended quartz halogen lamps to the same 

15 extent and in the same manner as described in sec16 tion 325(nn)(1). 

17 ‘‘(2) STATE ENERGY CONSERVATION STAND18 ARDS.—Any State energy conservation standard that 

19 is adopted on or before January 1, 2015, pursuant 

20 to a statutory requirement to adopt efficiency stand21 ard for reducing outdoor lighting energy use enacted 

22 prior to January 31, 2008, shall not be preempted.’’. 


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1 SEC. 19. STANDARDS FOR COMMERCIAL FURNACES. 

2 Section 342(a) of the Energy Policy and Conserva3 tion Act (42 U.S.C. 6313(a)) is amended by adding at 

4 the end the following: 

5 ‘‘(11) Warm air furnaces with an input rating 

6 of 225,000 Btu per hour or more and manufactured 

7 on or after the date that is 1 year after the date of 

8 enactment of this paragraph shall meet the following 

9 standard levels: 

10 ‘‘(A) Gas-fired units shall— 

11 ‘‘(i) have a minimum combustion effi12 ciency of 80 percent; 

13 ‘‘(ii) include an interrupted or inter14 mittent ignition device; 

15 ‘‘(iii) have jacket losses not exceeding 

16 0.75 percent of the input rating; and 

17 ‘‘(iv) have power venting or a flue 

18 damper. 

19 ‘‘(B) Oil-fired units shall have— 

20 ‘‘(i) a minimum thermal efficiency of 

21 81 percent; 

22 ‘‘(ii) jacket losses not exceeding 0.75 

23 percent of the input rating; and 

24 ‘‘(iii) power venting or a flue damp25 er.’’. 


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1 SEC. 20. 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) 

10 the following: 

11 ‘‘(C) The term ‘service over the counter, 

12 self-contained, medium temperature commercial 

13 refrigerator’ or ‘(SOC–SC–M)’ means a me14 dium 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 

22 than 66 inches and is intended to serve as 

23 a counter for transactions between sales 

24 personnel and customers. 


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1 ‘‘(D) The term ‘TDA’ means the total display area (ft2 2 ) of the refrigerated case, as de3 fined 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 

9 after January 1, 2012, shall have a total daily en10 ergy consumption (in kilowatt hours per day) of not 

11 more than 0.6 x TDA + 1.0.’’. 

12 SEC. 21. MOTOR MARKET ASSESSMENT AND COMMERCIAL 

13 AWARENESS PROGRAM. 

14 (a) FINDINGS.—Congress finds that— 

15 (1) electric motor systems account for about 

16 half of the electricity used in the United States; 

17 (2) electric motor energy use is determined by 

18 both the efficiency of the motor and the system in 

19 which the motor operates; 

20 (3) Federal Government research on motor end 

21 use and efficiency opportunities is more than a dec22 ade old; and 

23 (4) the Census Bureau has discontinued collec24 tion of data on motor and generator importation, 

25 manufacture, shipment, and sales. 


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1 (b) DEFINITIONS.—In this section: 

2 (1) DEPARTMENT.—The term ‘‘Department’’ 

3 means the Department of Energy. 

4 (2) INTERESTED PARTIES.—The term ‘‘inter5 ested parties’’ includes— 

6 (A) trade associations; 

7 (B) motor manufacturers; 

8 (C) motor end users; 

9 (D) electric utilities; and 

10 (E) individuals and entities that conduct 

11 energy efficiency programs. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Energy, in consultation with inter14 ested parties. 

15 (c) ASSESSMENT.—The Secretary shall conduct an 

16 assessment of electric motors and the electric motor mar17 ket in the United States that shall— 

18 (1) include important subsectors of the indus19 trial and commercial electric motor market (as de20 termined by the Secretary), including— 

21 (A) the stock of motors and motor-driven 

22 equipment; 

23 (B) efficiency categories of the motor pop24 ulation; and 


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1 (C) motor systems that use drives, servos, 

2 and other control technologies; 

3 (2) characterize and estimate the opportunities 

4 for improvement in the energy efficiency of motor 

5 systems by market segment, including opportunities 

6 for— 

7 (A) expanded use of drives, servos, and 

8 other control technologies; 

9 (B) expanded use of process control, 

10 pumps, compressors, fans or blowers, and mate11 rial handling components; and 

12 (C) substitution of existing motor designs 

13 with existing and future advanced motor de14 signs, including electronically commutated per15 manent magnet, interior permanent magnet, 

16 and switched reluctance motors; and 

17 (3) develop an updated profile of motor system 

18 purchase and maintenance practices, including sur19 veying the number of companies that have motor 

20 purchase and repair specifications, by company size, 

21 number of employees, and sales. 

22 (d) RECOMMENDATIONS; UPDATE.—Based on the as23 sessment conducted under subsection (c), the Secretary 

24 shall— 

25 (1) develop— 


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1 (A) recommendations to update the de2 tailed motor profile on a periodic basis; 

3 (B) methods to estimate the energy sav4 ings and market penetration that is attributable 

5 to the Save Energy Now Program of the De6 partment; and 

7 (C) recommendations for the Director of 

8 the Census Bureau on market surveys that 

9 should be undertaken in support of the motor 

10 system activities of the Department; and 

11 (2) prepare an update to the Motor Master+ 

12 program of the Department. 

13 (e) PROGRAM.—Based on the assessment, rec14 ommendations, and update required under subsections (c) 

15 and (d), the Secretary shall establish a proactive, national 

16 program targeted at motor end-users and delivered in co17 operation with interested parties to increase awareness 

18 of— 

19 (1) the energy and cost-saving opportunities in 

20 commercial and industrial facilities using higher effi21 ciency electric motors; 

22 (2) improvements in motor system procurement 

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1 ponents, including drives, controls, and driven equip2 ment; and 

3 (3) criteria for making decisions for new, re4 placement, or repair motor and motor system com5 ponents. 

6 SEC. 22. STUDY OF COMPLIANCE WITH ENERGY STAND7 ARDS FOR APPLIANCES. 

8 (a) IN GENERAL.—The Secretary of Energy shall 

9 conduct a study of the degree of compliance with energy 

10 standards for appliances, including an investigation of 

11 compliance rates and options for improving compliance, 

12 including enforcement. 

13 (b) REPORT.—Not later than 18 months after the 

14 date of enactment of this Act, the Secretary of Energy 

15 shall submit to the appropriate committees of Congress 

16 a report describing the results of the study, including any 

17 recommendations. 

18 SEC. 23. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY 

19 IN CERTAIN BUILDINGS. 

20 (a) IN GENERAL.—The Secretary of Energy shall 

21 conduct a study— 

22 (1) of the costs and benefits (including signifi23 cant energy efficiency, power quality, and other 

24 power grid, safety, and environmental benefits) of 


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1 requiring high-quality, direct current electricity sup2 ply in buildings; and 

3 (2) to determine, if the requirement described 

4 in paragraph (1) is imposed, what the policy and 

5 role of the Federal Government should be in real6 izing those benefits. 

7 (b) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary shall submit to 

9 the appropriate committees of Congress a report describ10 ing the results of the study, including any recommenda11 tions. 

12 SEC. 24. TECHNICAL CORRECTIONS. 

13 (a) TITLE III OF ENERGY INDEPENDENCE AND SE14 CURITY ACT OF 2007—ENERGY SAVINGS THROUGH IM15 PROVED STANDARDS FOR APPLIANCES AND LIGHTING.— 

16 (1) Section 325(u) of the Energy Policy and 

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

18 by section 301(c) of the Energy Independence and 

19 Security Act of 2007 (121 Stat. 1550)) is amend20 ed— 

21 (A) by redesignating paragraph (7) as 

22 paragraph (4); and 

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

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

25 is’’. 


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

2 and Security Act of 2007 (121 Stat. 1551) is 

3 amended by striking ‘‘6313(a)’’ and inserting 

4 ‘‘6314(a)’’. 

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

6 Conservation Act (42 U.S.C. 6313(a)(6)) (as amend7 ed by section 305(b)(2) of the Energy Independence 

8 and Security Act of 2007 (121 Stat. 1554)) is 

9 amended— 

10 (A) in subparagraph (B)— 

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

12 inserting the following: 

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

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

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

16 (iii) by striking ‘‘clause (i)’’ and in17 serting ‘‘subparagraph (A)(i)’’; and 

18 (iv) by adding at the end the fol19 lowing: 

20 ‘‘(ii) FACTORS.—In determining 

21 whether a standard is economically justi22 fied for the purposes of subparagraph 

23 (A)(ii)(II), the Secretary shall, after receiv24 ing views and comments furnished with re25 spect to the proposed standard, determine 


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1 whether the benefits of the standard ex2 ceed the burden of the proposed standard 

3 by, to the maximum extent practicable, 

4 considering— 

5 ‘‘(I) the economic impact of the 

6 standard on the manufacturers and 

7 on the consumers of the products sub8 ject to the standard; 

9 ‘‘(II) the savings in operating 

10 costs throughout the estimated aver11 age life of the product in the type (or 

12 class) compared to any increase in the 

13 price of, or in the initial charges for, 

14 or maintenance expenses of, the prod15 ucts that are likely to result from the 

16 imposition of the standard; 

17 ‘‘(III) the total projected quan18 tity of energy savings likely to result 

19 directly from the imposition of the 

20 standard; 

21 ‘‘(IV) any lessening of the utility 

22 or the performance of the products 

23 likely to result from the imposition of 

24 the standard; 


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1 ‘‘(V) the impact of any lessening 

2 of competition, as determined in writ3 ing by the Attorney General, that is 

4 likely to result from the imposition of 

5 the standard; 

6 ‘‘(VI) the need for national en7 ergy conservation; and 

8 ‘‘(VII) other factors the Sec9 retary considers relevant. 

10 ‘‘(iii) ADMINISTRATION.— 

11 ‘‘(I) ENERGY USE AND EFFI12 CIENCY.—The Secretary may not pre13 scribe any amended standard under 

14 this paragraph that increases the 

15 maximum allowable energy use, or de16 creases the minimum required energy 

17 efficiency, of a covered product. 

18 ‘‘(II) UNAVAILABILITY.— 

19 ‘‘(aa) IN GENERAL.—The 

20 Secretary may not prescribe an 

21 amended standard under this 

22 subparagraph if the Secretary 

23 finds (and publishes the finding) 

24 that interested persons have es25 tablished by a preponderance of 


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1 the evidence that a standard is 

2 likely to result in the unavail3 ability in the United States in 

4 any product type (or class) of 

5 performance characteristics (in6 cluding reliability, features, sizes, 

7 capacities, and volumes) that are 

8 substantially the same as those 

9 generally available in the United 

10 States at the time of the finding 

11 of the Secretary. 

12 ‘‘(bb) OTHER TYPES OR

13 CLASSES.—The failure of some 

14 types (or classes) to meet the cri15 terion established under this sub16 clause shall not affect the deter17 mination of the Secretary on 

18 whether to prescribe a standard 

19 for the other types or classes.’’; 

20 and 

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

22 ‘‘An amendment prescribed under this sub23 section’’ and inserting ‘‘Notwithstanding sub24 paragraph (D), an amendment prescribed under 

25 this subparagraph’’. 


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1 (4) Section 342(a)(6)(B)(iii) of the Energy Pol2 icy and Conservation Act (as added by section 

3 306(c) of the Energy Independence and Security Act 

4 of 2007 (121 Stat. 1559)) is transferred and redes5 ignated as clause (vi) of section 342(a)(6)(C) of the 

6 Energy Policy and Conservation Act (as amended by 

7 section 305(b)(2) of the Energy Independence and 

8 Security Act of 2007 (121 Stat. 1554)). 

9 (5) Section 345 of the Energy Policy and Con10 servation Act (42 U.S.C. 6316) (as amended by sec11 tion 312(e) of the Energy Independence and Secu12 rity Act of 2007 (121 Stat. 1567)) is amended— 

13 (A) by striking ‘‘subparagraphs (B) 

14 through (G)’’ each place it appears and insert15 ing ‘‘subparagraphs (B), (C), (D), (I), (J), and 

16 (K)’’; 

17 (B) by striking ‘‘part A’’ each place it ap18 pears and inserting ‘‘part B’’; and 

19 (C) in subsection (a)— 

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

21 ‘‘and’’ at the end; 

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

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

24 and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(10) section 327 shall apply with respect to 

4 the equipment described in section 340(1)(L) begin5 ning on the date on which a final rule establishing 

6 an energy conservation standard is issued by the 

7 Secretary, except that any State or local standard 

8 prescribed or enacted for the equipment before the 

9 date on which the final rule is issued shall not be 

10 preempted until the energy conservation standard 

11 established by the Secretary for the equipment takes 

12 effect.’’; and 

13 (D) in subsection (h)(3), by striking ‘‘sec14 tion 342(f)(3)’’ and inserting ‘‘section 

15 342(f)(4)’’. 

16 (6) Section 340(13) of the Energy Policy and 

17 Conservation Act (42 U.S.C. 6311(13)) (as amended 

18 by section 313(a) of the Energy Independence and 

19 Security Act of 2007 (121 Stat. 1568)) is amend20 ed— 

21 (A) by striking subparagraphs (A) and (B) 

22 and inserting the following: 

23 ‘‘(A) IN GENERAL.—The term ‘electric 

24 motor’ means any of the following: 


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1 ‘‘(i) A motor that is a general purpose 

2 T-frame, single-speed, foot-mounting, poly3 phase squirrel-cage induction motor of the 

4 National Electrical Manufacturers Associa5 tion, Design A and B, continuous rated, 

6 operating on 230/460 volts and constant 

7 60 Hertz line power as defined in NEMA 

8 Standards Publication MG1–1987. 

9 ‘‘(ii) A motor incorporating the design 

10 elements described in clause (i), but is con11 figured to incorporate 1 or more of the fol12 lowing variations: 

13 ‘‘(I) U-frame motor. 

14 ‘‘(II) NEMA Design C motor. 

15 ‘‘(III) Close-coupled pump motor. 

16 ‘‘(IV) Footless motor. 

17 ‘‘(V) Vertical solid shaft normal 

18 thrust motor (as tested in a horizontal 

19 configuration). 

20 ‘‘(VI) 8-pole motor. 

21 ‘‘(VII) Poly-phase motor with a 

22 voltage rating of not more than 600 

23 volts (other than 230 volts or 460 

24 volts, or both, or can be operated on 

25 230 volts or 460 volts, or both).’’; and 


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1 (B) by redesignating subparagraphs (C) 

2 through (I) as subparagraphs (B) through (H), 

3 respectively. 

4 (7)(A) Section 342(b) of the Energy Policy and 

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

6 (i) in paragraph (1), by striking ‘‘para7 graph (2)’’ and inserting ‘‘paragraph (3)’’; 

8 (ii) by redesignating paragraphs (2) and 

9 (3) as paragraphs (3) and (4); 

10 (iii) by inserting after paragraph (1) the 

11 following: 

12 ‘‘(2) STANDARDS EFFECTIVE BEGINNING DE13 CEMBER 19, 2010.— 

14 ‘‘(A) IN GENERAL.—Except for definite 

15 purpose motors, special purpose motors, and 

16 those motors exempted by the Secretary under 

17 paragraph (3) and except as provided for in 

18 subparagraphs (B), (C), and (D), each electric 

19 motor manufactured with power ratings from 1 

20 to 200 horsepower (alone or as a component of 

21 another piece of equipment) on or after Decem22 ber 19, 2010, shall have a nominal full load ef23 ficiency of not less than the nominal full load 

24 efficiency described in NEMA MG–1 (2006) 

25 Table 12–12. 


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1 ‘‘(B) FIRE PUMP ELECTRIC MOTORS.—Ex2 cept for those motors exempted by the Sec3 retary under paragraph (3), each fire pump 

4 electric motor manufactured with power ratings 

5 from 1 to 200 horsepower (alone or as a compo6 nent of another piece of equipment) on or after 

7 December 19, 2010, shall have a nominal full 

8 load efficiency that is not less than the nominal 

9 full load efficiency described in NEMA MG–1 

10 (2006) Table 12–11. 

11 ‘‘(C) NEMA DESIGN B ELECTRIC MO12 TORS.—Except for those motors exempted by 

13 the Secretary under paragraph (3), each 

14 NEMA Design B electric motor with power rat15 ings of more than 200 horsepower, but not 

16 greater than 500 horsepower, manufactured 

17 (alone or as a component of another piece of 

18 equipment) on or after December 19, 2010, 

19 shall have a nominal full load efficiency of not 

20 less than the nominal full load efficiency de21 scribed in NEMA MG–1 (2006) Table 12–11. 

22 ‘‘(D) MOTORS INCORPORATING CERTAIN

23 DESIGN ELEMENTS.—Except for those motors 

24 exempted by the Secretary under paragraph 

25 (3), each electric motor described in section 


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1 340(13)(A)(ii) manufactured with power rat2 ings from 1 to 200 horsepower (alone or as a 

3 component of another piece of equipment) on or 

4 after December 19, 2010, shall have a nominal 

5 full load efficiency of not less than the nominal 

6 full load efficiency described in NEMA MG–1 

7 (2006) Table 12–11.’’; and 

8 (iv) in paragraph (3) (as redesignated by 

9 clause (ii)), by striking ‘‘paragraph (1)’’ each 

10 place it appears in subparagraphs (A) and (D) 

11 and inserting ‘‘paragraphs (1) and (2)’’. 

12 (B) Section 313 of the Energy Independence 

13 and Security Act of 2007 (121 Stat. 1568) is re14 pealed. 

15 (C) The amendments made by— 

16 (i) subparagraph (A) take effect on De17 cember 19, 2010; and 

18 (ii) subparagraph (B) take effect on De19 cember 19, 2007. 

20 (8) Section 321(30)(D)(i)(III) of the Energy 

21 Policy and Conservation Act (42 U.S.C. 

22 6291(30)(D)(i)(III)) (as amended by section 

23 321(a)(1)(A) of the Energy Independence and Secu24 rity Act of 2007 (121 Stat. 1574)) is amended by 

25 inserting before the semicolon the following: ‘‘or, in 


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1 the case of a modified spectrum lamp, not less than 

2 232 lumens and not more than 1,950 lumens’’. 

3 (9) Section 321(30)(T) of the Energy Policy 

4 and Conservation Act (42 U.S.C. 6291(30)(T)) (as 

5 amended by section 321(a)(1)(B) of the Energy 

6 Independence and Security Act of 2007 (121 Stat. 

7 1574)) is amended— 

8 (A) in clause (i)— 

9 (i) by striking the comma after 

10 ‘‘household appliance’’ and inserting 

11 ‘‘and’’; and 

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

13 and 

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

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

16 (10) Section 325(i) of the Energy Policy and 

17 Conservation Act (42 U.S.C. 6295(i)) (as amended 

18 by sections 321(a)(3)(A) and 322(b) of the Energy 

19 Independence and Security Act of 2007 (121 Stat. 

20 1577, 1588)) is amended by striking the subsection 

21 designation and all that follows through the end of 

22 paragraph (8) and inserting the following: 

23 ‘‘(i) GENERAL SERVICE FLUORESCENT LAMPS, GEN24 ERAL SERVICE INCANDESCENT LAMPS, INTERMEDIATE

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1 DESCENT LAMPS, AND INCANDESCENT REFLECTOR

2 LAMPS.— 

3 ‘‘(1) ENERGY EFFICIENCY STANDARDS.— 

4 ‘‘(A) IN GENERAL.—Each of the following 

5 general service fluorescent lamps, general serv6 ice incandescent lamps, intermediate base in7 candescent lamps, candelabra base incandescent 

8 lamps, and incandescent reflector lamps manu9 factured after the effective date specified in the 

10 tables listed in this subparagraph shall meet or 

11 exceed the standards established in the fol12 lowing tables: 

‘‘FLUORESCENT LAMPS 

Lamp Type 

Nominal 

Lamp 

Wattage 

Minimum 

CRI 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

4-foot medium bi-pin ................. >35 W 69 75.0 36 

.................................................... ≤35 W 45 75.0 36 

2-foot U-shaped ......................... >35 W 69 68.0 36 

.................................................... ≤35 W 45 64.0 36 

8-foot slimline ............................ >65 W 69 80.0 18 

.................................................... ≤65 W 45 80.0 18 

8-foot high output ...................... >100 W 69 80.0 18 

.................................................... ≤100 W 45 80.0 18. 

‘‘INCANDESCENT REFLECTOR LAMPS 

Nominal Lamp Wattage 

Minimum Average 

Lamp Efficacy 

(LPW) 

Effective 

Date (Period of 

Months) 

40–50 ...................................................................................... 10.5 36 

51–66 ...................................................................................... 11.0 36 

67–85 ...................................................................................... 12.5 36 

86–115 .................................................................................... 14.0 36 

116–155 .................................................................................... 14.5 36 

156–205 .................................................................................... 15.0 36. 


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‘‘GENERAL SERVICE INCANDESCENT LAMPS 

Rated Lumen Ranges Maximum Rated 

Wattage 

Minimum 

Rated Lifetime 

Effective 

Date 

1490–2600 72 1,000 hrs 1/1/2012

1050–1489 53 1,000 hrs 1/1/2013

750–1049 43 1,000 hrs 1/1/2014

310–749 29 1,000 hrs 1/1/2014. 

‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS 

Rated Lumen Ranges Maximum Rated 

Wattage 

Minimum 

Rated Lifetime 

Effective 

Date 

1118–1950 72 1,000 hrs 1/1/2012

788–1117 53 1,000 hrs 1/1/2013

563–787 43 1,000 hrs 1/1/2014

232–562 29 1,000 hrs 1/1/2014. 

1 ‘‘(B) APPLICATION.— 

2 ‘‘(i) APPLICATION CRITERIA.—This 

3 subparagraph applies to each lamp that— 

4 ‘‘(I) is intended for a general 

5 service or general illumination applica6 tion (whether incandescent or not); 

7 ‘‘(II) has a medium screw base 

8 or any other screw base not defined in 

9 ANSI C81.61–2006; 

10 ‘‘(III) is capable of being oper11 ated at a voltage at least partially 

12 within the range of 110 to 130 volts; 

13 and 

14 ‘‘(IV) is manufactured or im15 ported after December 31, 2011. 


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1 ‘‘(ii) REQUIREMENT.—For purposes 

2 of this paragraph, each lamp described in 

3 clause (i) shall have a color rendering 

4 index that is greater than or equal to— 

5 ‘‘(I) 80 for nonmodified spectrum 

6 lamps; or 

7 ‘‘(II) 75 for modified spectrum 

8 lamps. 

9 ‘‘(C) CANDELABRA INCANDESCENT LAMPS

10 AND INTERMEDIATE BASE INCANDESCENT

11 LAMPS.— 

12 ‘‘(i) CANDELABRA BASE INCANDES13 CENT LAMPS.—Effective beginning Janu14 ary 1, 2012, a candelabra base incandes15 cent lamp shall not exceed 60 rated watts. 

16 ‘‘(ii) INTERMEDIATE BASE INCANDES17 CENT LAMPS.—Effective beginning Janu18 ary 1, 2012, an intermediate base incan19 descent lamp shall not exceed 40 rated 

20 watts. 

21 ‘‘(D) EXEMPTIONS.— 

22 ‘‘(i) STATUTORY EXEMPTIONS.—The 

23 standards specified in subparagraph (A) 

24 shall not apply to the following types of in25 candescent reflector lamps: 


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1 ‘‘(I) Lamps rated at 50 watts or 

2 less that are ER30, BR30, BR40, or 

3 ER40 lamps. 

4 ‘‘(II) Lamps rated at 65 watts 

5 that are BR30, BR40, or ER40 

6 lamps. 

7 ‘‘(III) R20 incandescent reflector 

8 lamps rated 45 watts or less. 

9 ‘‘(ii) ADMINISTRATIVE EXEMP10 TIONS.— 

11 ‘‘(I) PETITION.—Any person may 

12 petition the Secretary for an exemp13 tion for a type of general service lamp 

14 from the requirements of this sub15 section. 

16 ‘‘(II) CRITERIA.—The Secretary 

17 may grant an exemption under sub18 clause (I) only to the extent that the 

19 Secretary finds, after a hearing and 

20 opportunity for public comment, that 

21 it is not technically feasible to serve a 

22 specialized lighting application (such 

23 as a military, medical, public safety, 

24 or certified historic lighting applicaVerDate Mar 15 2010 23:38 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S398.IS S398

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1 tion) using a lamp that meets the re2 quirements of this subsection. 

3 ‘‘(III) ADDITIONAL CRITERION.— 

4 To grant an exemption for a product 

5 under this clause, the Secretary shall 

6 include, as an additional criterion, 

7 that the exempted product is unlikely 

8 to be used in a general service lighting 

9 application. 

10 ‘‘(E) EXTENSION OF COVERAGE.— 

11 ‘‘(i) PETITION.—Any person may peti12 tion the Secretary to establish standards 

13 for lamp shapes or bases that are excluded 

14 from the definition of general service 

15 lamps. 

16 ‘‘(ii) INCREASED SALES OF EXEMPT17 ED LAMPS.—The petition shall include evi18 dence that the availability or sales of ex19 empted incandescent lamps have increased 

20 significantly since the date on which the 

21 standards on general service incandescent 

22 lamps were established. 

23 ‘‘(iii) CRITERIA.—The Secretary shall 

24 grant a petition under clause (i) if the Sec25 retary finds that— 


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1 ‘‘(I) the petition presents evi2 dence that demonstrates that commer3 cial availability or sales of exempted 

4 incandescent lamp types have in5 creased significantly since the stand6 ards on general service lamps were es7 tablished and likely are being widely 

8 used in general lighting applications; 

9 and 

10 ‘‘(II) significant energy savings 

11 could be achieved by covering exempt12 ed products, as determined by the 

13 Secretary based in part on sales data 

14 provided to the Secretary from manu15 facturers and importers. 

16 ‘‘(iv) NO PRESUMPTION.—The grant 

17 of a petition under this subparagraph shall 

18 create no presumption with respect to the 

19 determination of the Secretary with respect 

20 to any criteria under a rulemaking con21 ducted under this section. 

22 ‘‘(v) EXPEDITED PROCEEDING.—If 

23 the Secretary grants a petition for a lamp 

24 shape or base under this subparagraph, 

25 the Secretary shall— 


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1 ‘‘(I) conduct a rulemaking to de2 termine standards for the exempted 

3 lamp shape or base; and 

4 ‘‘(II) complete the rulemaking 

5 not later than 18 months after the 

6 date on which notice is provided 

7 granting the petition. 

8 ‘‘(F) EFFECTIVE DATES.— 

9 ‘‘(i) IN GENERAL.—In this paragraph, 

10 except as otherwise provided in a table 

11 contained in subparagraph (A) or in clause 

12 (ii), the term ‘effective date’ means the last 

13 day of the period of months specified in 

14 the table after October 24, 1992. 

15 ‘‘(ii) SPECIAL EFFECTIVE DATES.— 

16 ‘‘(I) ER, BR, AND BPAR

17 LAMPS.—The standards specified in 

18 subparagraph (A) shall apply with re19 spect to ER incandescent reflector 

20 lamps, BR incandescent reflector 

21 lamps, BPAR incandescent reflector 

22 lamps, and similar bulb shapes on and 

23 after January 1, 2008, or the date 

24 that is 180 days after the date of enVerDate Mar 15 2010 23:38 Feb 18, 2011 Jkt 099200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S398.IS S398

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1 actment of the Energy Independence 

2 and Security Act of 2007. 

3 ‘‘(II) LAMPS BETWEEN 2.25–2.75

4 INCHES IN DIAMETER.—The stand5 ards specified in subparagraph (A) 

6 shall apply with respect to incandes7 cent reflector lamps with a diameter 

8 of more than 2.25 inches, but not 

9 more than 2.75 inches, on and after 

10 the later of January 1, 2008, or the 

11 date that is 180 days after the date of 

12 enactment of the Energy Independ13 ence and Security Act of 2007. 

14 ‘‘(2) COMPLIANCE WITH EXISTING LAW.—Not15 withstanding section 332(a)(5) and section 332(b), 

16 it shall not be unlawful for a manufacturer to sell 

17 a lamp that is in compliance with the law at the 

18 time the lamp was manufactured. 

19 ‘‘(3) RULEMAKING BEFORE OCTOBER 24, 

20 1995.— 

21 ‘‘(A) IN GENERAL.—Not later than 36 

22 months after October 24, 1992, the Secretary 

23 shall initiate a rulemaking procedure and shall 

24 publish a final rule not later than the end of 

25 the 54-month period beginning on October 24, 


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1 1992, to determine whether the standards es2 tablished under paragraph (1) should be 

3 amended. 

4 ‘‘(B) ADMINISTRATION.—The rule shall 

5 contain the amendment, if any, and provide 

6 that the amendment shall apply to products 

7 manufactured on or after the 36-month period 

8 beginning on the date on which the final rule is 

9 published. 

10 ‘‘(4) RULEMAKING BEFORE OCTOBER 24, 

11 2000.— 

12 ‘‘(A) IN GENERAL.—Not later than 8 years 

13 after October 24, 1992, the Secretary shall ini14 tiate a rulemaking procedure and shall publish 

15 a final rule not later than 9 years and 6 months 

16 after October 24, 1992, to determine whether 

17 the standards in effect for fluorescent lamps 

18 and incandescent lamps should be amended. 

19 ‘‘(B) ADMINISTRATION.—The rule shall 

20 contain the amendment, if any, and provide 

21 that the amendment shall apply to products 

22 manufactured on or after the 36-month period 

23 beginning on the date on which the final rule is 

24 published. 


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1 ‘‘(5) RULEMAKING FOR ADDITIONAL GENERAL

2 SERVICE FLUORESCENT LAMPS.— 

3 ‘‘(A) IN GENERAL.—Not later than the 

4 end of the 24-month period beginning on the 

5 date labeling requirements under section 

6 324(a)(2)(C) become effective, the Secretary 

7 shall— 

8 ‘‘(i) initiate a rulemaking procedure to 

9 determine whether the standards in effect 

10 for fluorescent lamps and incandescent 

11 lamps should be amended so that the 

12 standards would be applicable to additional 

13 general service fluorescent lamps; and 

14 ‘‘(ii) publish, not later than 18 

15 months after initiating the rulemaking, a 

16 final rule including the amended stand17 ards, if any. 

18 ‘‘(B) ADMINISTRATION.—The rule shall 

19 provide that the amendment shall apply to 

20 products manufactured after a date which is 36 

21 months after the date on which the rule is pub22 lished. 

23 ‘‘(6) STANDARDS FOR GENERAL SERVICE

24 LAMPS.— 


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1 ‘‘(A) RULEMAKING BEFORE JANUARY 1, 

2 2014.— 

3 ‘‘(i) IN GENERAL.—Not later than 

4 January 1, 2014, the Secretary shall ini5 tiate a rulemaking procedure to determine 

6 whether— 

7 ‘‘(I) standards in effect for gen8 eral service lamps should be amended; 

9 and 

10 ‘‘(II) the exclusions for certain 

11 incandescent lamps should be main12 tained or discontinued based, in part, 

13 on excluded lamp sales collected by 

14 the Secretary from manufacturers. 

15 ‘‘(ii) SCOPE.—The rulemaking— 

16 ‘‘(I) shall not be limited to incan17 descent lamp technologies; and 

18 ‘‘(II) shall include consideration 

19 of a minimum standard of 45 lumens 

20 per watt for general service lamps. 

21 ‘‘(iii) AMENDED STANDARDS.—If the 

22 Secretary determines that the standards in 

23 effect for general service lamps should be 

24 amended, the Secretary shall publish a 

25 final rule not later than January 1, 2017, 


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1 with an effective date that is not earlier 

2 than 3 years after the date on which the 

3 final rule is published. 

4 ‘‘(iv) PHASED-IN EFFECTIVE

5 DATES.—The Secretary shall consider 

6 phased-in effective dates under this sub7 paragraph after considering— 

8 ‘‘(I) the impact of any amend9 ment on manufacturers, retiring and 

10 repurposing existing equipment, 

11 stranded investments, labor contracts, 

12 workers, and raw materials; and 

13 ‘‘(II) the time needed to work 

14 with retailers and lighting designers 

15 to revise sales and marketing strate16 gies. 

17 ‘‘(v) BACKSTOP REQUIREMENT.—If 

18 the Secretary fails to complete a rule19 making in accordance with clauses (i) 

20 through (iv) or if the final rule does not 

21 produce savings that are greater than or 

22 equal to the savings from a minimum effi23 cacy standard of 45 lumens per watt, effec24 tive beginning January 1, 2020, the Sec25 retary shall prohibit the manufacture of 


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1 any general service lamp that does not 

2 meet a minimum efficacy standard of 45 

3 lumens per watt. 

4 ‘‘(vi) STATE PREEMPTION.—Neither 

5 section 327 nor any other provision of law 

6 shall preclude California or Nevada from 

7 adopting, effective beginning on or after 

8 January 1, 2018— 

9 ‘‘(I) a final rule adopted by the 

10 Secretary in accordance with clauses 

11 (i) through (iv); 

12 ‘‘(II) if a final rule described in 

13 subclause (I) has not been adopted, 

14 the backstop requirement under 

15 clause (v); or 

16 ‘‘(III) in the case of California, if 

17 a final rule described in subclause (I) 

18 has not been adopted, any California 

19 regulations relating to these covered 

20 products adopted pursuant to State 

21 statute in effect on the date of enact22 ment of the Energy Independence and 

23 Security Act of 2007. 

24 ‘‘(B) RULEMAKING BEFORE JANUARY 1, 

25 2020.— 


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1 ‘‘(i) IN GENERAL.—Not later than 

2 January 1, 2020, the Secretary shall ini3 tiate a rulemaking procedure to determine 

4 whether— 

5 ‘‘(I) standards in effect for gen6 eral service lamps should be amended; 

7 and 

8 ‘‘(II) the exclusions for certain 

9 incandescent lamps should be main10 tained or discontinued based, in part, 

11 on excluded lamp sales data collected 

12 by the Secretary from manufacturers. 

13 ‘‘(ii) SCOPE.—The rulemaking shall 

14 not be limited to incandescent lamp tech15 nologies. 

16 ‘‘(iii) AMENDED STANDARDS.—If the 

17 Secretary determines that the standards in 

18 effect for general service lamps should be 

19 amended, the Secretary shall publish a 

20 final rule not later than January 1, 2022, 

21 with an effective date that is not earlier 

22 than 3 years after the date on which the 

23 final rule is published. 

24 ‘‘(iv) PHASED-IN EFFECTIVE

25 DATES.—The Secretary shall consider 


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1 phased-in effective dates under this sub2 paragraph after considering— 

3 ‘‘(I) the impact of any amend4 ment on manufacturers, retiring and 

5 repurposing existing equipment, 

6 stranded investments, labor contracts, 

7 workers, and raw materials; and 

8 ‘‘(II) the time needed to work 

9 with retailers and lighting designers 

10 to revise sales and marketing strate11 gies. 

12 ‘‘(7) FEDERAL ACTIONS.— 

13 ‘‘(A) COMMENTS OF SECRETARY.— 

14 ‘‘(i) IN GENERAL.—With respect to 

15 any lamp to which standards are applicable 

16 under this subsection or any lamp specified 

17 in section 346, the Secretary shall inform 

18 any Federal entity proposing actions that 

19 would adversely impact the energy con20 sumption or energy efficiency of the lamp 

21 of the energy conservation consequences of 

22 the action. 

23 ‘‘(ii) CONSIDERATION.—The Federal 

24 entity shall carefully consider the com25 ments of the Secretary. 


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1 ‘‘(B) AMENDMENT OF STANDARDS.—Not2 withstanding section 325(n)(1), the Secretary 

3 shall not be prohibited from amending any 

4 standard, by rule, to permit increased energy 

5 use or to decrease the minimum required en6 ergy efficiency of any lamp to which standards 

7 are applicable under this subsection if the ac8 tion is warranted as a result of other Federal 

9 action (including restrictions on materials or 

10 processes) that would have the effect of either 

11 increasing the energy use or decreasing the en12 ergy efficiency of the product. 

13 ‘‘(8) COMPLIANCE.— 

14 ‘‘(A) IN GENERAL.—Not later than the 

15 date on which standards established pursuant 

16 to this subsection become effective, or, with re17 spect to high-intensity discharge lamps covered 

18 under section 346, the effective date of stand19 ards established pursuant to that section, each 

20 manufacturer of a product to which the stand21 ards are applicable shall file with the Secretary 

22 a laboratory report certifying compliance with 

23 the applicable standard for each lamp type. 

24 ‘‘(B) CONTENTS.—The report shall include 

25 the lumen output and wattage consumption for 


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1 each lamp type as an average of measurements 

2 taken over the preceding 12-month period. 

3 ‘‘(C) OTHER LAMP TYPES.—With respect 

4 to lamp types that are not manufactured during 

5 the 12-month period preceding the date on 

6 which the standards become effective, the re7 port shall— 

8 ‘‘(i) be filed with the Secretary not 

9 later than the date that is 12 months after 

10 the date on which manufacturing is com11 menced; and 

12 ‘‘(ii) include the lumen output and 

13 wattage consumption for each such lamp 

14 type as an average of measurements taken 

15 during the 12-month period.’’. 

16 (11) Section 325(l)(4)(A) of the Energy Policy 

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

18 amended by section 321(a)(3)(B) of the Energy 

19 Independence and Security Act of 2007 (121 Stat. 

20 1581)) is amended by striking ‘‘only’’. 

21 (12) Section 327(b)(1)(B) of the Energy Policy 

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

23 amended by section 321(d)(3) of the Energy Inde24 pendence and Security Act of 2007 (121 Stat. 

25 1585)) is amended— 


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

2 the semicolon at the end; 

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

4 inserting a period; and 

5 (C) by striking clause (iii). 

6 (13) Section 321(30)(C)(ii) of the Energy Pol7 icy and Conservation Act (42 U.S.C. 

8 6291(30)(C)(ii)) (as amended by section 

9 322(a)(1)(B) of the Energy Independence and Secu10 rity Act of 2007 (121 Stat. 1587)) is amended by 

11 inserting a period after ‘‘40 watts or higher’’. 

12 (14) Section 322(b) of the Energy Independ13 ence and Security Act of 2007 (121 Stat. 1588) is 

14 amended by striking ‘‘6995(i)’’ and inserting 

15 ‘‘6295(i)’’. 

16 (15) Section 327(c) of the Energy Policy and 

17 Conservation Act (42 U.S.C. 6297(c)) (as amended 

18 by sections 324(f) of the Energy Independence and 

19 Security Act of 2007 (121 Stat. 1594) and section 

20 6(e)(2)) is amended— 

21 (A) in paragraph (6), by striking ‘‘or’’ 

22 after the semicolon at the end; 

23 (B) in paragraph (9)(B), by striking ‘‘or’’ 

24 at the end; 


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1 (C) in paragraph (10), by striking the pe2 riod at the end and inserting a semicolon; 

3 (D) by adding at the end the following: 

4 ‘‘(11) is a regulation for general service lamps 

5 that conforms with Federal standards and effective 

6 dates; or 

7 ‘‘(12) is an energy efficiency standard for gen8 eral service lamps enacted into law by the State of 

9 Nevada prior to December 19, 2007, if the State has 

10 not adopted the Federal standards and effective 

11 dates pursuant to subsection (b)(1)(B)(ii).’’. 

12 (16) Section 325(b) of the Energy Independ13 ence and Security Act of 2007 (121 Stat. 1596) is 

14 amended by striking ‘‘6924(c)’’ and inserting 

15 ‘‘6294(c)’’. 

16 (17) This subsection and the amendments made 

17 by this subsection take effect as if included in the 

18 Energy Independence and Security Act of 2007 

19 (Public Law 110–140; 121 Stat. 1492). 

20 (b) ENERGY POLICY ACT OF 2005.— 

21 (1) Section 325(g)(8)(C)(ii) of the Energy Pol22 icy and Conservation Act (42 U.S.C. 

23 6295(g)(8)(C)(ii)) (as added by section 135(c)(2)(B) 

24 of the Energy Policy Act of 2005) is amended by 

25 striking ‘‘20°F’’ and inserting ‘‘¥20°F’’. 


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1 (2) This subsection and the amendment made 

2 by this subsection take effect as if included in the 

3 Energy Policy Act of 2005 (Public Law 109–58; 119 

4 Stat. 594). 

5 (c) ENERGY POLICY AND CONSERVATION ACT.— 

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

7 Conservation Act (42 U.S.C. 6311(2)(B)) is amend8 ed— 

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

10 end; 

11 (B) in clause (xii), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

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

14 ‘‘(xiii) other motors.’’. 

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

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

17 by striking ‘‘Air-Conditioning and Refrigeration In18 stitute’’ each place it appears in paragraphs (4)(A) 

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

20 and Refrigeration Institute’’. 

Æ 


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