II 

Calendar No. 54 

112TH CONGRESS 

1ST SESSION S. 398 

[Report No. 112–18] 

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, Ms. MURKOWSKI, Mr. BEGICH, Mr. KERRY, Ms. 

KLOBUCHAR, Mr. WHITEHOUSE, Mr. WYDEN, Mrs. MURRAY, Mr. COONS, 

Mr. BAUCUS, Ms. CANTWELL, Mrs. SHAHEEN, Mrs. FEINSTEIN, Mr. 

MENENDEZ, Mr. WARNER, Mr. MERKLEY, Ms. STABENOW, Mr. UDALL

of Colorado, Mr. PRYOR, Mr. FRANKEN, Mr. LIEBERMAN, Mr. DURBIN, 

Mr. CASEY, Mr. KOHL, Mrs. MCCASKILL, Mr. CARPER, Mr. JOHNSON of 

South Dakota, and Mr. SCHUMER) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

MAY 18, 2011 

Reported by Mr. BINGAMAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Implementation of National Consensus Appliance Agree4 ments Act of 2011’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Energy conservation standards. 

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. Standards for certain reflector lamps. 

Sec. 16.17. Petition for amended standards. 

Sec. 17.18. Prohibited acts. 

Sec. 18.19. Outdoor lighting. 

Sec. 19.20. Standards for commercial furnaces. 

Sec. 20.21. Service over the counter, self-contained, medium temperature commercial refrigerators. 

Sec. 21.22. Motor market assessment and commercial awareness program. 

Sec. 22.23. Study of compliance with energy standards for appliances. 

Sec. 23.24. Study of direct current electricity supply in certain buildings. 

Sec. 24.25. Technical corrections. 

7 SEC. 2. ENERGY CONSERVATION STANDARDS. 

8 (a) DEFINITION OF ENERGY CONSERVATION STAND9 ARD.—Section 321 of the Energy Policy and Conservation 

10 Act (42 U.S.C. 6291) is amended— 

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

12 following: 

13 ‘‘(6) ENERGY CONSERVATION STANDARD.— 

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1 ‘‘(A) IN GENERAL.—The term ‘energy con2 servation standard’ means 1 or more perform3 ance standards that— 

4 ‘‘(i) for covered products (excluding 

5 clothes washers, dishwashers, showerheads, 

6 faucets, water closets, and urinals), pre7 scribe a minimum level of energy efficiency 

8 or a maximum quantity of energy use, de9 termined in accordance with test proce10 dures prescribed under section 323; 

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

12 closets, and urinals, prescribe a minimum 

13 level of water efficiency or a maximum 

14 quantity of water use, determined in ac15 cordance with test procedures prescribed 

16 under section 323; and 

17 ‘‘(iii) for clothes washers and dish18 washers— 

19 ‘‘(I) prescribe a minimum level of 

20 energy efficiency or a maximum quan21 tity of energy use, determined in ac22 cordance with test procedures pre23 scribed under section 323; and 

24 ‘‘(II) include a minimum level of 

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1 tity of water use, determined in ac2 cordance with those test procedures. 

3 ‘‘(B) INCLUSIONS.—The term ‘energy con4 servation standard’ includes— 

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

6 the requirements were established— 

7 ‘‘(I) on or before the date of en8 actment of this subclause; 

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

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

11 ‘‘(III) as part of a final rule pub12 lished on or after January 1, 2012; 

13 and 

14 ‘‘(ii) any other requirements that the 

15 Secretary may prescribe under section 

16 325(r). 

17 ‘‘(C) EXCLUSION.—The term ‘energy con18 servation standard’ does not include a perform19 ance standard for a component of a finished 

20 covered product, unless regulation of the com21 ponent is specifically authorized or established 

22 pursuant to this title.’’; and 

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

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

25 efficiency ratio. 

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1 ‘‘(68) HSPF.—The term ‘HSPF’ means heat2 ing seasonal performance factor.’’. 

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

4 323(b) of the Energy Policy and Conservation Act (42 

5 U.S.C. 6293(b)) is amended by adding at the end the fol6 lowing: 

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

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), for purposes of residential central 

10 air conditioner and heat pump standards that 

11 take effect on or before January 1, 2015— 

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

13 outdoor test temperature of 95 degrees 

14 Fahrenheit; and 

15 ‘‘(ii) the HSPF shall be calculated 

16 based on Region IV conditions. 

17 ‘‘(B) REVISIONS.—The Secretary may re18 vise the EER outdoor test temperature and the 

19 conditions for HSPF calculations as part of any 

20 rulemaking to revise the central air conditioner 

21 and heat pump test method.’’. 

22 (c) CENTRAL AIR CONDITIONERS AND HEAT

23 PUMPS.—Section 325(d) of the Energy Policy and Con24 servation Act (42 U.S.C. 6295(d)) is amended by adding 

25 at the end the following: 

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1 ‘‘(4) CENTRAL AIR CONDITIONERS AND HEAT

2 PUMPS (EXCEPT THROUGH-THE-WALL CENTRAL AIR

3 CONDITIONERS, THROUGH-THE-WALL CENTRAL AIR

4 CONDITIONING HEAT PUMPS, AND SMALL DUCT, 

5 HIGH VELOCITY SYSTEMS) MANUFACTURED ON OR

6 AFTER JANUARY 1, 2015.— 

7 ‘‘(A) BASE NATIONAL STANDARDS.— 

8 ‘‘(i) SEASONAL ENERGY EFFICIENCY

9 RATIO.—The seasonal energy efficiency 

10 ratio of central air conditioners and central 

11 air conditioning heat pumps manufactured 

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

13 less than the following: 

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

15 air conditioners and 14 for heat 

16 pumps. 

17 ‘‘(II) Single Package Systems: 

18 14. 

19 ‘‘(ii) HEATING SEASONAL PERFORM20 ANCE FACTOR.—The heating seasonal per21 formance factor of central air conditioning 

22 heat pumps manufactured on or after Jan23 uary 1, 2015, shall not be less than the 

24 following: 

25 ‘‘(I) Split Systems: 8.2. 

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1 ‘‘(II) Single Package Systems: 

2 8.0. 

3 ‘‘(B) REGIONAL STANDARDS.— 

4 ‘‘(i) SEASONAL ENERGY EFFICIENCY

5 RATIO.—The seasonal energy efficiency 

6 ratio of central air conditioners and central 

7 air conditioning heat pumps manufactured 

8 on or after January 1, 2015, and installed 

9 in States having historical average annual, 

10 population weighted, heating degree days 

11 less than 5,000 (specifically the States of 

12 Alabama, Arizona, Arkansas, California, 

13 Delaware, Florida, Georgia, Hawaii, Ken14 tucky, Louisiana, Maryland, Mississippi, 

15 Nevada, New Mexico, North Carolina, 

16 Oklahoma, South Carolina, Tennessee, 

17 Texas, and Virginia) or in the District of 

18 Columbia, the Commonwealth of Puerto 

19 Rico, or any other territory or possession 

20 of the United States shall not be less than 

21 the following: 

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

23 air conditioners and 14 for heat 

24 pumps. 

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1 ‘‘(II) Single Package Systems: 

2 14. 

3 ‘‘(ii) ENERGY EFFICIENCY RATIO.— 

4 The energy efficiency ratio of central air 

5 conditioners (not including heat pumps) 

6 manufactured on or after January 1, 2015, 

7 and installed in the State of Arizona, Cali8 fornia, New Mexico, or Nevada shall be not 

9 less than the following: 

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

11 systems having a rated cooling capac12 ity less than 45,000 BTU per hour 

13 and 11.7 for products having a rated 

14 cooling capacity equal to or greater 

15 than 45,000 BTU per hour. 

16 ‘‘(II) Single Package Systems: 

17 11.0. 

18 ‘‘(iii) APPLICATION OF SUBSECTION

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

20 the regional standards set forth in this 

21 subparagraph. 

22 ‘‘(C) AMENDMENT OF STANDARDS.— 

23 ‘‘(i) IN GENERAL.—Not later than 

24 January 1, 2017, the Secretary shall pub25 lish a final rule to determine whether the 

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1 standards in effect for central air condi2 tioners and central air conditioning heat 

3 pumps should be amended. 

4 ‘‘(ii) APPLICATION.—The rule shall 

5 provide that any amendments shall apply 

6 to products manufactured on or after Jan7 uary 1, 2022. 

8 ‘‘(D) CONSIDERATION OF ADDITIONAL

9 PERFORMANCE STANDARDS OR EFFICIENCY

10 CRITERIA.— 

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

12 in advance of the expected publication date 

13 of a final rule for central air conditioners 

14 and heat pumps under subparagraph (C), 

15 the Secretary shall convene and facilitate a 

16 forum for interested persons that are fairly 

17 representative of relevant points of view 

18 (including representatives of manufactur19 ers of the covered product, States, and effi20 ciency advocates), as determined by the 

21 Secretary, to consider adding additional 

22 performance standards or efficiency cri23 teria in the forthcoming rule. 

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

25 year of the initial convening of such a 

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1 forum, the Secretary receives a rec2 ommendation submitted jointly by such 

3 representative interested persons to add 1 

4 or more performance standards or effi5 ciency criteria, the Secretary shall incor6 porate the performance standards or effi7 ciency criteria in the rulemaking process, 

8 and, if justified under the criteria estab9 lished in this section, incorporate such per10 formance standards or efficiency criteria in 

11 the revised standard. 

12 ‘‘(iii) NO RECOMMENDATION.—If no 

13 such joint recommendation is made within 

14 1 year of the initial convening of such a 

15 forum, the Secretary may add additional 

16 performance standards or efficiency cri17 teria if the Secretary finds that the bene18 fits substantially exceed the burdens of the 

19 action. 

20 ‘‘(E) NEW CONSTRUCTION LEVELS.— 

21 ‘‘(i) IN GENERAL.—As part of any 

22 final rule concerning central air condi23 tioner and heat pump standards published 

24 after June 1, 2013, the Secretary shall de25 termine if the building code levels specified 

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

2 subject to meeting the criteria of sub3 section (o) when applied specifically to new 

4 construction. 

5 ‘‘(ii) EFFECTIVE DATE.—Any amend6 ed levels shall not take effect before Janu7 ary 1, 2018. 

8 ‘‘(iii) AMENDED LEVELS.—The final 

9 rule shall contain the amended levels, if 

10 any.’’. 

11 (d) THROUGH-THE-WALL CENTRAL AIR CONDI12 TIONERS, THROUGH-THE-WALL CENTRAL AIR CONDI13 TIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOC14 ITY SYSTEMS.—Section 325(d) of the Energy Policy and 

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

16 subsection (c)) is amended by adding at the end the fol17 lowing: 

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

19 CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL

20 CENTRAL AIR CONDITIONING HEAT PUMPS, AND

21 SMALL DUCT, HIGH VELOCITY SYSTEMS.— 

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

23 ‘‘(i) SMALL DUCT, HIGH VELOCITY

24 SYSTEM.—The term ‘small duct, high ve25 locity system’ means a heating and cooling 

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1 product that contains a blower and indoor 

2 coil combination that— 

3 ‘‘(I) is designed for, and pro4 duces, at least 1.2 inches of external 

5 static pressure when operated at the 

6 certified air volume rate of 220–350 

7 CFM per rated ton of cooling; and 

8 ‘‘(II) when applied in the field, 

9 uses high velocity room outlets gen10 erally greater than 1,000 fpm that 

11 have less than 6.0 square inches of 

12 free area. 

13 ‘‘(ii) THROUGH-THE-WALL CENTRAL

14 AIR CONDITIONER; THROUGH-THE-WALL

15 CENTRAL AIR CONDITIONING HEAT

16 PUMP.—The terms ‘through-the-wall cen17 tral air conditioner’ and ‘through-the-wall 

18 central air conditioning heat pump’ mean a 

19 central air conditioner or heat pump, re20 spectively, that is designed to be installed 

21 totally or partially within a fixed-size open22 ing in an exterior wall, and— 

23 ‘‘(I) is not weatherized; 

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1 ‘‘(II) is clearly and permanently 

2 marked for installation only through 

3 an exterior wall; 

4 ‘‘(III) has a rated cooling capac5 ity no greater than 30,000 Btu/hr; 

6 ‘‘(IV) exchanges all of its outdoor 

7 air across a single surface of the 

8 equipment cabinet; and 

9 ‘‘(V) has a combined outdoor air 

10 exchange area of less than 800 square 

11 inches (split systems) or less than 

12 1,210 square inches (single packaged 

13 systems) as measured on the surface 

14 area described in subclause (IV). 

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

16 revise the definitions contained in this sub17 paragraph through publication of a final 

18 rule. 

19 ‘‘(B) SMALL-DUCT HIGH-VELOCITY SYS20 TEMS.— 

21 ‘‘(i) SEASONAL ENERGY EFFICIENCY

22 RATIO.—The seasonal energy efficiency 

23 ratio for small-duct high-velocity systems 

24 shall be not less than 11.00 for products 

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1 manufactured on or after January 23, 

2 2006. 

3 ‘‘(ii) HEATING SEASONAL PERFORM4 ANCE FACTOR.—The heating seasonal per5 formance factor for small-duct high-veloc6 ity systems shall be not less than 6.8 for 

7 products manufactured on or after Janu8 ary 23, 2006. 

9 ‘‘(C) RULEMAKING.— 

10 ‘‘(i) IN GENERAL.—Not later than 

11 June 30, 2011, the Secretary shall publish 

12 a final rule to determine whether stand13 ards for through-the-wall central air condi14 tioners, through-the-wall central air condi15 tioning heat pumps and small duct, high 

16 velocity systems should be amended. 

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

18 provide that any new or amended standard 

19 shall apply to products manufactured on or 

20 after June 30, 2016.’’. 

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

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

23 adding at the end the following: 

24 ‘‘(5) NON-WEATHERIZED FURNACES (INCLUD25 ING MOBILE HOME FURNACES, BUT NOT INCLUDING

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1 BOILERS) MANUFACTURED ON OR AFTER MAY 1, 

2 2013, AND WEATHERIZED FURNACES MANUFAC3 TURED ON OR AFTER JANUARY 1, 2015.— 

4 ‘‘(A) BASE NATIONAL STANDARDS.— 

5 ‘‘(i) NON-WEATHERIZED FURNACES.— 

6 The annual fuel utilization efficiency of 

7 non-weatherized furnaces manufactured on 

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

9 than the following: 

10 ‘‘(I) Gas furnaces, a level deter11 mined by the Secretary in a final rule 

12 published not later than June 30, 

13 2011. 

14 ‘‘(II) Oil furnaces, 83 percent. 

15 ‘‘(ii) WEATHERIZED FURNACES.—The 

16 annual fuel utilization efficiency of weath17 erized gas furnaces manufactured on or 

18 after January 1, 2015, shall be not less 

19 than 81 percent. 

20 ‘‘(B) REGIONAL STANDARD.— 

21 ‘‘(i) ANNUAL FUEL UTILIZATION EF22 FICIENCY.—Not later than June 30, 2011, 

23 the Secretary shall— 

24 ‘‘(I) publish a final rule deter25 mining whether to establish a standmstockstill on DSK4VPTVN1PROD with BILLS

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1 ard for the annual fuel utilization effi2 ciency of non-weatherized gas fur3 naces manufactured on or after May 

4 1, 2013, and installed in States hav5 ing historical average annual, popu6 lation weighted, heating degree days 

7 equal to or greater than 5,000 (spe8 cifically the States of Alaska, Colo9 rado, Connecticut, Idaho, Illinois, In10 diana, Iowa, Kansas, Maine, Massa11 chusetts, Michigan, Minnesota, Mis12 souri, Montana, Nebraska, New 

13 Hampshire, New Jersey, New York, 

14 North Dakota, Ohio, Oregon, Penn15 sylvania, Rhode Island, South Dakota, 

16 Utah, Vermont, Washington, West 

17 Virginia, Wisconsin, and Wyoming); 

18 and 

19 ‘‘(II) include in the final rule de20 scribed in subclause (I) any regional 

21 standard established under this sub22 paragraph. 

23 ‘‘(ii) APPLICATION OF SUBSECTION

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

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1 any regional standard established under 

2 this subparagraph. 

3 ‘‘(C) AMENDMENT OF STANDARDS.— 

4 ‘‘(i) NON-WEATHERIZED FURNACES.— 

5 ‘‘(I) IN GENERAL.—Not later 

6 than January 1, 2014, the Secretary 

7 shall publish a final rule to determine 

8 whether the standards in effect for 

9 non-weatherized furnaces should be 

10 amended. 

11 ‘‘(II) APPLICATION.—The rule 

12 shall provide that any amendments 

13 shall apply to products manufactured 

14 on or after January 1, 2019. 

15 ‘‘(ii) WEATHERIZED FURNACES.— 

16 ‘‘(I) IN GENERAL.—Not later 

17 than January 1, 2017, the Secretary 

18 shall publish a final rule to determine 

19 whether the standard in effect for 

20 weatherized furnaces should be 

21 amended. 

22 ‘‘(II) APPLICATION.—The rule 

23 shall provide that any amendments 

24 shall apply to products manufactured 

25 on or after January 1, 2022. 

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1 ‘‘(D) NEW CONSTRUCTION LEVELS.— 

2 ‘‘(i) IN GENERAL.— 

3 ‘‘(I) FINAL RULE PUBLISHED

4 AFTER JANUARY 1, 2011.—As part of 

5 any final rule concerning furnace 

6 standards published after January 1, 

7 2011, the Secretary shall establish the 

8 building code levels referred to in sub9 clauses (I)(aa), (II)(aa), and (III)(aa) 

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

11 meeting the criteria of subsection (o) 

12 when applied specifically to new con13 struction. 

14 ‘‘(II) FINAL RULE PUBLISHED

15 AFTER JUNE 1, 2013.—As part of any 

16 final rule concerning furnace stand17 ards published after June 1, 2013, 

18 the Secretary shall determine if the 

19 building code levels specified in or 

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

21 should be amended subject to meeting 

22 the criteria of subsection (o) when ap23 plied specifically to new construction. 

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1 ‘‘(ii) EFFECTIVE DATE.—Any amend2 ed levels shall not take effect before Janu3 ary 1, 2018. 

4 ‘‘(iii) AMENDED LEVELS.—The final 

5 rule shall contain the amended levels, if 

6 any.’’. 

7 (f) EXCEPTION FOR CERTAIN BUILDING CODE RE8 QUIREMENTS.—Section 327(f) of the Energy Policy and 

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

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

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

12 ‘‘(B) The code does not contain a manda13 tory requirement that, under all code compli14 ance paths, requires that the covered product 

15 have an energy efficiency exceeding 1 of the fol16 lowing levels: 

17 ‘‘(i) The applicable energy conserva18 tion standard established in or prescribed 

19 under section 325. 

20 ‘‘(ii) The level required by a regula21 tion of the State for which the Secretary 

22 has issued a rule granting a waiver under 

23 subsection (d). 

24 ‘‘(C) If the energy consumption or con25 servation objective in the code is determined 

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1 using covered products, including any baseline 

2 building designs against which all submitted 

3 building designs are to be evaluated, the objec4 tive is based on the use of covered products 

5 having efficiencies not exceeding— 

6 ‘‘(i) for residential furnaces, central 

7 air conditioners, and heat pumps, effective 

8 not earlier than January 1, 2013, and 

9 until such time as a level takes effect for 

10 the product under clause (ii)— 

11 ‘‘(I) for the States described in 

12 section 325(f)(5)(B)(i)— 

13 ‘‘(aa) for gas furnaces, an 

14 AFUE level determined by the 

15 Secretary; and 

16 ‘‘(bb) 14 SEER for central 

17 air conditioners (not including 

18 heat pumps); 

19 ‘‘(II) for the States and other lo20 calities described in section 

21 325(d)(4)(B)(i) (except for the States 

22 of Arizona, California, Nevada, and 

23 New Mexico)— 

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1 ‘‘(aa) for gas furnaces, an 

2 AFUE level determined by the 

3 Secretary; and 

4 ‘‘(bb) 15 SEER for central 

5 air conditioners; 

6 ‘‘(III) for the States of Arizona, 

7 California, Nevada, and New Mex8 ico— 

9 ‘‘(aa) for gas furnaces, an 

10 AFUE level determined by the 

11 Secretary; 

12 ‘‘(bb) 15 SEER for central 

13 air conditioners; 

14 ‘‘(cc) an EER of 12.5 for 

15 air conditioners (not including 

16 heat pumps) with cooling capac17 ity less than 45,000 Btu per 

18 hour; and 

19 ‘‘(dd) an EER of 12.0 for 

20 air conditioners (not including 

21 heat pumps) with cooling capac22 ity of 45,000 Btu per hour or 

23 more; and 

24 ‘‘(IV) for all States— 

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1 ‘‘(aa) 85 percent AFUE for 

2 oil furnaces; and 

3 ‘‘(bb) 15 SEER and 8.5 

4 HSPF for heat pumps; 

5 ‘‘(ii) the building code levels estab6 lished pursuant to section 325; or 

7 ‘‘(iii) the applicable standards or lev8 els specified in subparagraph (B). 

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

10 or conservation objective allowed by the code for 

11 installing a covered product having an energy 

12 efficiency exceeding the applicable standard or 

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

14 for-1 equivalent energy use or equivalent energy 

15 cost basis, which may take into account the typ16 ical lifetimes of the products and building fea17 tures, using lifetimes for covered products 

18 based on information published by the Depart19 ment of Energy or the American Society of 

20 Heating, Refrigerating and Air-Conditioning 

21 Engineers. 

22 ‘‘(E) If the code sets forth 1 or more com23 binations of items that meet the energy con24 sumption or conservation objective, and if 1 or 

25 more combinations specify an efficiency level for 

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1 a covered product that exceeds the applicable 

2 standards and levels specified in subparagraph 

3 (B)— 

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

5 that includes such covered products having 

6 efficiencies not exceeding 1 of the stand7 ards or levels specified in subparagraph 

8 (B); and 

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

10 items specify an efficiency level for a fur11 nace, central air conditioner, or heat pump 

12 that exceeds the applicable standards and 

13 levels specified in subparagraph (B), there 

14 is at least 1 combination that the State 

15 has found to be reasonably achievable 

16 using commercially available technologies 

17 that includes such products having effi18 ciencies at the applicable levels specified in 

19 subparagraph (C), except that no combina20 tion need include a product having an effi21 ciency less than the level specified in sub22 paragraph (B)(ii). 

23 ‘‘(F) The energy consumption or conserva24 tion objective is specified in terms of an esti25 mated total consumption of energy (which may 

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1 be specified in units of energy or its equivalent 

2 cost).’’; 

3 (2) in paragraph (4)(B)— 

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

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

6 mandatory requirement that, under all code 

7 compliance paths,’’; and 

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

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

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

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

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

13 a covered product serving an existing building unless 

14 the replacement results in an increase in capacity 

15 greater than— 

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

17 air conditioners and heat pumps; or 

18 ‘‘(B) 20 percent for other covered prod19 ucts.’’. 

20 SEC. 3. ENERGY CONSERVATION STANDARDS FOR HEAT 

21 PUMP POOL HEATERS. 

22 (a) DEFINITIONS.— 

23 (1) EFFICIENCY DESCRIPTOR.—Section 

24 321(22) of the Energy Policy and Conservation Act 

25 (42 U.S.C. 6291(22)) is amended— 

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

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

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

4 ‘‘(F) For heat pump pool heaters, coeffi5 cient of performance of heat pump pool heat6 ers.’’. 

7 (2) COEFFICIENT OF PERFORMANCE OF HEAT

8 PUMP POOL HEATERS.—Section 321 of the Energy 

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

10 amended by inserting after paragraph (25) the fol11 lowing: 

12 ‘‘(25A) COEFFICIENT OF PERFORMANCE OF

13 HEAT PUMP POOL HEATERS.—The term ‘coefficient 

14 of performance of heat pump pool heaters’ means 

15 the ratio of the capacity to power input value ob16 tained at the following rating conditions: 50.0 °F db/ 

17 44.2 °F wb outdoor air and 80.0 °F entering water 

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

19 (3) THERMAL EFFICIENCY OF GAS-FIRED POOL

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

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

22 amended by inserting ‘‘gas-fired’’ before ‘‘pool heat23 ers’’. 

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1 (b) STANDARDS FOR POOL HEATERS.—Section 

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

3 U.S.C. 6295(e)(2)) is amended— 

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

5 pool heaters’’ and inserting the following: 

6 ‘‘(2) POOL HEATERS.— 

7 ‘‘(A) GAS-FIRED POOL HEATERS.—The 

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

9 and 

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

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

12 pump pool heaters manufactured on or after 

13 the date of enactment of this subparagraph 

14 shall have a minimum coefficient of perform15 ance of 4.0.’’. 

16 SEC. 4. GU–24 BASE LAMPS. 

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

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

19 section 2(a)(2)) is amended by adding at the end the fol20 lowing: 

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

22 designation of a lamp socket, based on a coding sys23 tem by the International Electrotechnical Commis24 sion, under which— 

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

2 with 2 or more projecting contacts, such as pins 

3 or posts; 

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

5 holder designs of similar type that are not 

6 interchangeable due to electrical or mechanical 

7 requirements; and 

8 ‘‘(C) 24 indicates the distance in millime9 ters between the electrical contact posts. 

10 ‘‘(70) GU–24 ADAPTOR.— 

11 ‘‘(A) IN GENERAL.—The term ‘GU–24 

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

13 harness, or other such socket or base attach14 ment that— 

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

16 end and provides a different type of socket 

17 or connection on the other end; and 

18 ‘‘(ii) does not alter the voltage. 

19 ‘‘(B) EXCLUSION.—The term ‘GU–24 

20 Adaptor’ does not include a fluorescent ballast 

21 with a GU–24 base. 

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

23 means a light bulb designed to fit in a GU–24 sock24 et.’’. 

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

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

3 (1) by redesignating subsection (ii) as sub4 section (jj); and 

5 (2) by inserting after subsection (hh) the fol6 lowing: 

7 ‘‘(ii) GU–24 BASE LAMPS.— 

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

9 not be an incandescent lamp as defined by ANSI. 

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

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

12 socket.’’. 

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

14 DISPENSERS, COMMERCIAL HOT FOOD HOLD15 ING CABINETS, AND PORTABLE ELECTRIC 

16 SPAS. 

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

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

19 section 4(a)) is amended by adding at the end the fol20 lowing: 

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

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

23 water dispenser that is— 

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

25 water; and 

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

2 as the source of potable water. 

3 ‘‘(73) COMMERCIAL HOT FOOD HOLDING CABI4 NET.— 

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

6 hot food holding cabinet’ means a heated, fully7 enclosed compartment that— 

8 ‘‘(i) is designed to maintain the tem9 perature of hot food that has been cooked 

10 in a separate appliance; 

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

12 doors; and 

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

14 cubic feet or more. 

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

16 hot food holding cabinet’ does not include— 

17 ‘‘(i) a heated glass merchandising cab18 inet; 

19 ‘‘(ii) a drawer warmer; 

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

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

22 hot and cold compartments. 

23 ‘‘(74) COMPARTMENT BOTTLE-TYPE WATER

24 DISPENSER.—The term ‘compartment bottle-type 

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1 water dispenser’ means a drinking water dispenser 

2 that— 

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

4 cold water; 

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

6 as the source of potable water; and 

7 ‘‘(C) includes a refrigerated compartment 

8 with or without provisions for making ice. 

9 ‘‘(75) PORTABLE ELECTRIC SPA.— 

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

11 electric spa’ means a factory-built electric spa 

12 or hot tub that— 

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

14 persons in heated water circulated in a 

15 closed system; and 

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

17 filled with each use. 

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

19 electric spa’ includes— 

20 ‘‘(i) a filter; 

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

22 solar, or gas heater); 

23 ‘‘(iii) a pump; 

24 ‘‘(iv) a control; and 

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

2 a blower, and water sanitizing equipment. 

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

4 electric spa’ does not include— 

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

6 once installed, cannot be moved; or 

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

8 and exclusively marketed for medical treat9 ment or physical therapy purposes. 

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

11 dispenser’ means a factory-made assembly that— 

12 ‘‘(A) mechanically cools and heats potable 

13 water; and 

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

15 by integral or remote means.’’. 

16 (b) COVERAGE.— 

17 (1) IN GENERAL.—Section 322(a) of the En18 ergy Policy and Conservation Act (42 U.S.C. 

19 6292(a)) is amended— 

20 (A) by redesignating paragraph (20) as 

21 paragraph (23); and 

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

23 following: 

24 ‘‘(20) Bottle-type water dispensers and com25 partment bottle-type water dispensers. 

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

2 ‘‘(22) Portable electric spas.’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 324 of the Energy Policy and 

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

6 by striking ‘‘(19)’’ each place it appears in sub7 sections (a)(3), (b)(1)(B), (b)(3), and (b)(5) 

8 and inserting ‘‘(23)’’. 

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

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

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

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

13 inserting ‘‘paragraph (23)’’. 

14 (c) TEST PROCEDURES.—Section 323(b) of the En15 ergy Policy and Conservation Act (42 U.S.C. 6293(b)) (as 

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

17 end the following: 

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

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

20 bottle-type water dispensers and compartment 

21 bottle-type water dispensers shall be based on 

22 the document ‘Energy Star Program Require23 ments for Bottled Water Coolers version 1.1’ 

24 published by the Environmental Protection 

25 Agency. 

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

2 unit with an integral, automatic timer shall not 

3 be tested under this paragraph using section 

4 4D of the test criteria (relating to Timer 

5 Usage). 

6 ‘‘(21) COMMERCIAL HOT FOOD HOLDING CABI7 NETS.— 

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

9 commercial hot food holding cabinets shall be 

10 based on the test procedures described in 

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

12 rate-dry test). 

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

14 shall be based under this paragraph on the 

15 method demonstrated in the document ‘Energy 

16 Star Program Requirements for Commercial 

17 Hot Food Holding Cabinets’ of the Environ18 mental Protection Agency, as in effect on Au19 gust 15, 2003. 

20 ‘‘(22) PORTABLE ELECTRIC SPAS.— 

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

22 portable electric spas shall be based on the test 

23 method for portable electric spas described in 

24 section 1604 of title 20, California Code of 

25 Regulations, as amended on December 3, 2008. 

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1 ‘‘(B) NORMALIZED CONSUMPTION.—Con2 sumption shall be normalized under this para3 graph for a water temperature difference of 37 

4 degrees Fahrenheit. 

5 ‘‘(C) ANSI TEST PROCEDURE.—If the 

6 American National Standards Institute pub7 lishes a test procedure for portable electric 

8 spas, the Secretary shall revise the procedure 

9 established under this paragraph, as determined 

10 appropriate by the Secretary.’’. 

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

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

13 section 4(b)) is amended— 

14 (1) by redesignating subsection (ii) as sub15 section (mm); and 

16 (2) by inserting after subsection (hh) the fol17 lowing: 

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

19 beginning on the date that is 1 year after the date of en20 actment of the Implementation of National Consensus Ap21 pliance Agreements Act of 2011— 

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

23 have standby energy consumption that is greater 

24 than 1.2 kilowatt-hours per day; and 

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

2 shall not have standby energy consumption that is 

3 greater than 1.3 kilowatt-hours per day. 

4 ‘‘(jj) COMMERCIAL HOT FOOD HOLDING CABI5 NETS.—Effective beginning on the date that is 1 year 

6 after the date of enactment of the Implementation of Na7 tional Consensus Appliance Agreements Act of 2011, a 

8 commercial hot food holding cabinet shall have a max9 imum idle energy rate of 40 watts per cubic foot of interior 

10 volume. 

11 ‘‘(kk) PORTABLE ELECTRIC SPAS.—Effective begin12 ning on the date that is 1 year after the date of enactment 

13 of the Implementation of National Consensus Appliance 

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

15 have a normalized standby power rate of greater than 5 

(V2/3 16 ) Watts (in which ‘V’ equals the fill volume (in gal17 lons)). 

18 ‘‘(ll) REVISIONS.— 

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

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

21 Implementation of National Consensus Appliance 

22 Agreements Act of 2011, the Secretary shall— 

23 ‘‘(A) consider in accordance with sub24 section (o) revisions to the standards estab25 lished under subsections (ii), (jj), and (kk); and 

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

2 revised standards; or 

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

4 technically feasible and economically justified. 

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

6 under this subsection shall take effect not earlier 

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

8 publication of the final rule.’’. 

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

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

11 (1) in subsection (b)— 

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

13 after the semicolon at the end; 

14 (B) in paragraph (7), by striking the pe15 riod at the end and inserting ‘‘; or’’; and 

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

17 ‘‘(8) is a regulation that— 

18 ‘‘(A) establishes efficiency standards for 

19 bottle-type water dispensers, compartment bot20 tle-type water dispensers, commercial hot food 

21 holding cabinets, or portable electric spas; and 

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

23 enactment of this paragraph.’’; and 

24 (2) in subsection (c)— 

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

2 after the semicolon at the end; 

3 (B) in paragraph (9)— 

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

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

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

7 (ii) by redesignating clauses (i) and 

8 (ii) as subparagraphs (A) and (B), respec9 tively, and indenting appropriately; and 

10 (iii) in subparagraph (B) (as so redes11 ignated), by striking the period at the end 

12 and inserting ‘‘; or’’; and 

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

14 ‘‘(10) is a regulation that— 

15 ‘‘(A) establishes efficiency standards for 

16 bottle-type water dispensers, compartment bot17 tle-type water dispensers, commercial hot food 

18 holding cabinets, or portable electric spas; and 

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

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

21 SEC. 6. TEST PROCEDURE PETITION PROCESS. 

22 (a) CONSUMER PRODUCTS OTHER THAN AUTO23 MOBILES.—Section 323(b)(1) of the Energy Policy and 

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

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

2 ‘‘amend’’ and inserting ‘‘publish in the Federal Reg3 ister amended’’; and 

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

5 ‘‘(B) PETITIONS.— 

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

7 covered product, any person may petition 

8 the Secretary to conduct a rulemaking— 

9 ‘‘(I) to prescribe a test procedure 

10 for the covered product; or 

11 ‘‘(II) to amend the test proce12 dures applicable to the covered prod13 uct to more accurately or fully comply 

14 with paragraph (3). 

15 ‘‘(ii) DETERMINATION.—The Sec16 retary shall— 

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

18 the date of receipt of the petition, 

19 publish the petition in the Federal 

20 Register; and 

21 ‘‘(II) not later than 180 days 

22 after the date of receipt of the peti23 tion, grant or deny the petition. 

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

25 grant a petition if the Secretary finds that 

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1 the petition contains evidence that, assum2 ing no other evidence was considered, pro3 vides an adequate basis for determining 

4 that an amended test procedure would 

5 more accurately or fully comply with para6 graph (3). 

7 ‘‘(iv) EFFECT ON OTHER REQUIRE8 MENTS.—The granting of a petition by the 

9 Secretary under this subparagraph shall 

10 create no presumption with respect to the 

11 determination of the Secretary that the 

12 proposed test procedure meets the require13 ments of paragraph (3). 

14 ‘‘(v) RULEMAKING.— 

15 ‘‘(I) IN GENERAL.—Except as 

16 provided in subclause (II), not later 

17 than the end of the 18-month period 

18 beginning on the date of granting a 

19 petition, the Secretary shall publish 

20 an amended test procedure or a deter21 mination not to amend the test proce22 dure. 

23 ‘‘(II) EXTENSION.—The Sec24 retary may extend the period demstockstill on DSK4VPTVN1PROD with BILLS

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1 scribed in subclause (I) for 1 addi2 tional year. 

3 ‘‘(III) DIRECT FINAL RULE.— 

4 The Secretary may adopt a consensus 

5 test procedure in accordance with the 

6 direct final rule procedure established 

7 under section 325(p)(4). 

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

9 may, in accordance with the requirements of 

10 this subsection, prescribe test procedures for 

11 any consumer product classified as a covered 

12 product under section 322(b). 

13 ‘‘(D) NEW OR AMENDED TEST PROCE14 DURES.—The Secretary shall direct the Na15 tional Institute of Standards and Technology to 

16 assist in developing new or amended test proce17 dures.’’. 

18 (b) CERTAIN INDUSTRIAL EQUIPMENT.—Section 343 

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

20 6314) is amended— 

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

22 and inserting the following: 

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

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

2 years, the Secretary shall review test procedures 

3 for all covered equipment and— 

4 ‘‘(i) publish in the Federal Register 

5 amended test procedures with respect to 

6 any covered equipment, if the Secretary 

7 determines that amended test procedures 

8 would more accurately or fully comply with 

9 paragraphs (2) and (3); or 

10 ‘‘(ii) publish notice in the Federal 

11 Register of any determination not to 

12 amend a test procedure. 

13 ‘‘(B) PETITIONS.— 

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

15 class or category of covered equipment, 

16 any person may petition the Secretary to 

17 conduct a rulemaking— 

18 ‘‘(I) to prescribe a test procedure 

19 for the covered equipment; or 

20 ‘‘(II) to amend the test proce21 dures applicable to the covered equip22 ment to more accurately or fully com23 ply with paragraphs (2) and (3). 

24 ‘‘(ii) DETERMINATION.—The Sec25 retary shall— 

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1 ‘‘(I) not later than 90 days after 

2 the date of receipt of the petition, 

3 publish the petition in the Federal 

4 Register; and 

5 ‘‘(II) not later than 180 days 

6 after the date of receipt of the peti7 tion, grant or deny the petition. 

8 ‘‘(iii) BASIS.—The Secretary shall 

9 grant a petition if the Secretary finds that 

10 the petition contains evidence that, assum11 ing no other evidence was considered, pro12 vides an adequate basis for determining 

13 that an amended test method would more 

14 accurately promote energy or water use ef15 ficiency. 

16 ‘‘(iv) EFFECT ON OTHER REQUIRE17 MENTS.—The granting of a petition by the 

18 Secretary under this paragraph shall cre19 ate no presumption with respect to the de20 termination of the Secretary that the pro21 posed test procedure meets the require22 ments of paragraphs (2) and (3). 

23 ‘‘(v) RULEMAKING.— 

24 ‘‘(I) IN GENERAL.—Except as 

25 provided in subclause (II), not later 

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1 than the end of the 18-month period 

2 beginning on the date of granting a 

3 petition, the Secretary shall publish 

4 an amended test method or a deter5 mination not to amend the test meth6 od. 

7 ‘‘(II) EXTENSION.—The Sec8 retary may extend the period de9 scribed in subclause (I) for 1 addi10 tional year. 

11 ‘‘(III) DIRECT FINAL RULE.— 

12 The Secretary may adopt a consensus 

13 test procedure in accordance with the 

14 direct final rule procedure established 

15 under section 325(p).’’; 

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

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

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

19 SEC. 7. AMENDMENTS TO HOME APPLIANCE TEST METH20 ODS. 

21 Section 323(b) of the Energy Policy and Conserva22 tion Act (42 U.S.C. 6293(b)) (as amended by section 5(c)) 

23 is amended by adding at the end the following: 

24 ‘‘(23) REFRIGERATOR AND FREEZER TEST PRO25 CEDURE.— 

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

2 days after the date on which the Secretary pub3 lishes the final standard rule that was proposed 

4 on September 27, 2010, the Secretary shall fi5 nalize the interim final test procedure rule pro6 posed on December 16, 2010, with such subse7 quent modifications to the test procedure or 

8 standards as the Secretary determines to be ap9 propriate and consistent with this part. 

10 ‘‘(B) RULEMAKING.— 

11 ‘‘(i) INITIATION.—Not later than Jan12 uary 1, 2012, the Secretary shall initiate a 

13 rulemaking to amend the test procedure 

14 described in subparagraph (A) only to in15 corporate measured automatic icemaker 

16 energy use. 

17 ‘‘(ii) FINAL RULE.—Not later than 

18 December 31, 2012, the Secretary shall 

19 publish a final rule regarding the matter 

20 described in clause (i). 

21 ‘‘(24) ADDITIONAL HOME APPLIANCE TEST

22 PROCEDURES.— 

23 ‘‘(A) AMENDED TEST PROCEDURE FOR

24 CLOTHES WASHERS.—Not later than October 1, 

25 2011, the Secretary shall publish a final rule 

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1 amending the residential clothes washer test 

2 procedure. 

3 ‘‘(B) AMENDED TEST PROCEDURE FOR

4 CLOTHES DRYERS.— 

5 ‘‘(i) IN GENERAL.—Not later than 

6 180 days after the date of enactment of 

7 this paragraph, the Secretary shall publish 

8 an amended test procedure for clothes dry9 ers. 

10 ‘‘(ii) REQUIREMENT.—The amend11 ments to the test procedure shall be lim12 ited to modifications requiring that tested 

13 dryers are run until the cycle (including 

14 cool down) is ended by automatic termi15 nation controls, if equipped with those con16 trols.’’. 

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

18 Section 324A of the Energy Policy and Conservation 

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

20 the following: 

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

22 than 180 days after the date of enactment of this sub23 section, after soliciting comments pursuant to subsection 

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

25 Agency, in cooperation with the Secretary, shall determine 

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1 whether to update the Energy Star criteria for residential 

2 refrigerators, refrigerator-freezers, freezers, dishwashers, 

3 clothes washers, clothes dryers, and room air conditioners 

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

5 SEC. 9. VIDEO GAME CONSOLE ENERGY EFFICIENCY 

6 STUDY. 

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

8 Policy and Conservation Act is amended by inserting after 

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

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

11 STUDY. 

12 ‘‘(a) INITIAL STUDY.— 

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

14 the date of enactment of this section, the Secretary 

15 shall conduct a study of— 

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

17 ‘‘(B) opportunities for energy savings re18 garding that energy use. 

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

20 (1) shall include an assessment of all power-con21 suming modes and media playback modes of video 

22 game consoles. 

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

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

25 determine, by regulation, using the criteria and procedures 

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1 described in section 325(n)(2), whether to initiate a proc2 ess for establishing minimum energy efficiency standards 

3 for video game console energy use. 

4 ‘‘(c) FOLLOW-UP STUDY.—If the Secretary deter5 mines under subsection (b) that standards should not be 

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

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

8 after the date of the determination.’’. 

9 (b) APPLICATION DATE.—Subsection (nn)(1) of sec10 tion 325 of the Energy Policy and Conservation Act (42 

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

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

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

14 SEC. 10. REFRIGERATOR AND FREEZER STANDARDS. 

15 Section 325(b) of the Energy Policy and Conserva16 tion Act (42 U.S.C. 6295(b)) is amended by striking para17 graph (4) and inserting the following: 

18 ‘‘(4) REFRIGERATORS, REFRIGERATOR-FREEZ19 ERS, AND FREEZERS MANUFACTURED AS OF JANU20 ARY 1, 2014.— 

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

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

23 product class’ means a refrigerator, freezer, or 

24 refrigerator with a freezer unit that— 

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

2 total volume and 24 inches or less in cabi3 net depth (not including doors, handles, 

4 and custom front panels); 

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

6 by cabinetry or panels attached during in7 stallation; 

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

9 front panel or to be equipped with an inte10 gral factory-finished face; 

11 ‘‘(iv) is designed to be securely fas12 tened to adjacent cabinetry, walls, or 

13 floors; and 

14 ‘‘(v) has 2 or more sides that are 

15 not— 

16 ‘‘(I) fully finished; and 

17 ‘‘(II) intended to be visible after 

18 installation. 

19 ‘‘(B) MAXIMUM ENERGY USE.— 

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

21 procedure in effect on July 9, 2010, the 

22 maximum energy use allowed in kilowatt 

23 hours per year for each product described 

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

25 than refrigerators and refrigerator-freezers 

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1 with total refrigerated volume exceeding 39 

2 cubic feet and freezers with total refrig3 erated volume exceeding 30 cubic feet) that 

4 is manufactured on or after January 1, 

5 2014, is specified in the table contained in 

6 that clause. 

7 ‘‘(ii) STANDARDS EQUATIONS.—The 

8 allowed maximum energy use referred to in 

9 clause (i) is as follows: 

‘‘Standards Equations 

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 

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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 

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.— 

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1 ‘‘(I) IN GENERAL.—Except as 

2 provided in subclause (II), after the 

3 date of publication of each test proce4 dure change made pursuant to section 

5 323(b)(23), in accordance with the 

6 procedures described in section 

7 323(e)(2), the Secretary shall publish 

8 final rules to amend the standards 

9 specified in the table contained in 

10 clause (ii). 

11 ‘‘(II) EXCEPTION.—The stand12 ards amendment made pursuant to 

13 the test procedure change required 

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

15 based on the difference between— 

16 ‘‘(aa) the average measured 

17 automatic ice maker energy use 

18 of a representative sample for 

19 each product class; and 

20 ‘‘(bb) the value assumed by 

21 the Department of Energy for ice 

22 maker energy use in the test pro23 cedure published pursuant to sec24 tion 323(b)(23)(A). 

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1 ‘‘(III) APPLICABILITY.—Section 

2 323(e)(3) shall not apply to the rules 

3 described in this clause. 

4 ‘‘(iv) FINAL RULE.—The Secretary 

5 shall publish any final rule required by 

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

7 the date that is 180 days after— 

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

9 clause; or 

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

11 final rule to amend the test procedure 

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

13 ‘‘(v) NEW PRODUCT CLASSES.—The 

14 Secretary may establish 1 or more new 

15 product classes as part of the final amend16 ed standard adopted pursuant to the test 

17 procedure change required under section 

18 323(b)(23)(B) if the 1 or more new prod19 uct classes are needed to distinguish 

20 among products with automatic icemakers. 

21 ‘‘(vi) EFFECTIVE DATES OF STAND22 ARDS.— 

23 ‘‘(I) STANDARDS AMENDMENT

24 FOR FIRST REVISED TEST PROCE25 DURE.—A standards amendment 

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1 adopted pursuant to a test procedure 

2 change required under section 

3 323(b)(23)(A) shall apply to any 

4 product manufactured as of January 

5 1, 2014. 

6 ‘‘(II) STANDARDS AMENDMENT

7 AFTER REVISED TEST PROCEDURE

8 FOR ICEMAKER ENERGY.—An amend9 ment adopted pursuant to a test pro10 cedure change required under section 

11 323(b)(23)(B) shall apply to any 

12 product manufactured as of the date 

13 that is 3 years after the date of publi14 cation of the final rule amending the 

15 standards. 

16 ‘‘(vii) SLOPE AND INTERCEPT AD17 JUSTMENTS.— 

18 ‘‘(I) IN GENERAL.—With respect 

19 to refrigerators, freezers, and refrig20 erator-freezers, the Secretary may, by 

21 rule, adjust the slope and intercept of 

22 the equations specified in the table 

23 contained in clause (ii)— 

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1 ‘‘(aa) based on the energy 

2 use of typical products of various 

3 sizes in a product class; and 

4 ‘‘(bb) if the average energy 

5 use for each of the classes is the 

6 same under the new equations as 

7 under the equations specified in 

8 the table contained in clause (ii). 

9 ‘‘(II) DEADLINE.—If the Sec10 retary adjusts the slope and intercept 

11 of an equation described in subclause 

12 (I), the Secretary shall publish the 

13 final rule containing the adjustment 

14 by not later than July 1, 2011. 

15 ‘‘(viii) EFFECT.—A final rule pub16 lished under clause (iii) pursuant to the 

17 test procedure change required under sec18 tion 323(b)(23)(B) or pursuant to clause 

19 (iv) shall not be considered to be an 

20 amendment to the standard for purposes 

21 of section 325(m).’’. 

22 SEC. 11. ROOM AIR CONDITIONER STANDARDS. 

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

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

25 the following: 

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1 ‘‘(3) MINIMUM ENERGY EFFICIENCY RATIO OF

2 ROOM AIR CONDITIONERS MANUFACTURED ON OR

3 AFTER JUNE 1, 2014.— 

4 ‘‘(A) IN GENERAL.—Based on the test pro5 cedure in effect on July 9, 2010, the minimum 

6 energy efficiency ratios of room air conditioners 

7 manufactured on or after June 1, 2014, shall 

8 not be less than that specified in the table con9 tained in subparagraph (B). 

10 ‘‘(B) MINIMUM ENERGY EFFICIENCY RA11 TIOS.—The minimum energy efficiency ratios 

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

‘‘Product Description Minimum EER 

Without Reverse Cycle w/Louvers

<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

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‘‘Product Description Minimum EER 

≥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 

6 standards specified in the table contained 

7 in subparagraph (B) in accordance with 

8 the procedures described in section 

9 323(e)(2). 

10 ‘‘(ii) STANDBY AND OFF MODE EN11 ERGY CONSUMPTION.— 

12 ‘‘(I) IN GENERAL.—The Sec13 retary shall integrate standby and off 

14 mode energy consumption into the 

15 amended energy efficiency ratios 

16 standards required under clause (i). 

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1 ‘‘(II) REQUIREMENTS.—The 

2 amended standards described in sub3 clause (I) shall reflect the levels of 

4 standby and off mode energy con5 sumption that meet the criteria de6 scribed in section 325(o). 

7 ‘‘(iii) APPLICABILITY.— 

8 ‘‘(I) AMENDMENT OF STAND9 ARD.—Section 323(e)(3) shall not 

10 apply to the amended standards de11 scribed in clause (i). 

12 ‘‘(II) AMENDED STANDARDS.— 

13 The amended standards required by 

14 this subparagraph shall apply to prod15 ucts manufactured on or after June 1, 

16 2014.’’. 

17 SEC. 12. UNIFORM EFFICIENCY DESCRIPTOR FOR COV18 ERED WATER HEATERS. 

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

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

21 the following: 

22 ‘‘(5) UNIFORM EFFICIENCY DESCRIPTOR FOR

23 COVERED WATER HEATERS.— 

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

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1 ‘‘(i) COVERED WATER HEATER.—The 

2 term ‘covered water heater’ means— 

3 ‘‘(I) a water heater; and 

4 ‘‘(II) a storage water heater, in5 stantaneous water heater, and unfired 

6 water storage tank (as defined in sec7 tion 340). 

8 ‘‘(ii) FINAL RULE.—The term ‘final 

9 rule’ means the final rule published under 

10 this paragraph. 

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

12 later than 180 days after the date of enactment 

13 of this paragraph, the Secretary shall publish a 

14 final rule that establishes a uniform efficiency 

15 descriptor and accompanying test methods for 

16 covered water heaters. 

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

18 rule shall be to replace with a uniform effi19 ciency descriptor— 

20 ‘‘(i) the energy factor descriptor for 

21 water heaters established under this sub22 section; and 

23 ‘‘(ii) the thermal efficiency and stand24 by loss descriptors for storage water heat25 ers, instantaneous water heaters, and 

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1 unfired water storage tanks established 

2 under section 342(a)(5). 

3 ‘‘(D) EFFECT OF FINAL RULE.— 

4 ‘‘(i) IN GENERAL.—Notwithstanding 

5 any other provision of this title, effective 

6 beginning on the effective date of the final 

7 rule, the efficiency standard for covered 

8 water heaters shall be denominated accord9 ing to the efficiency descriptor established 

10 by the final rule. 

11 ‘‘(ii) EFFECTIVE DATE.—The final 

12 rule shall take effect 1 year after the date 

13 of publication of the final rule under sub14 paragraph (B). 

15 ‘‘(E) CONVERSION FACTOR.— 

16 ‘‘(i) IN GENERAL.—The Secretary 

17 shall develop a mathematical conversion 

18 factor for converting the measurement of 

19 efficiency for covered water heaters from 

20 the test procedures in effect on the date of 

21 enactment of this paragraph to the new 

22 energy descriptor established under the 

23 final rule. 

24 ‘‘(ii) APPLICATION.—The conversion 

25 factor shall apply to models of covered 

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1 water heaters affected by the final rule and 

2 tested prior to the effective date of the 

3 final rule. 

4 ‘‘(iii) EFFECT ON EFFICIENCY RE5 QUIREMENTS.—The conversion factor shall 

6 not affect the minimum efficiency require7 ments for covered water heaters otherwise 

8 established under this title. 

9 ‘‘(iv) USE.—During the period de10 scribed in clause (v), a manufacturer may 

11 apply the conversion factor established by 

12 the Secretary to rerate existing models of 

13 covered water heaters that are in existence 

14 prior to the effective date of the rule de15 scribed in clause (v)(II) to comply with the 

16 new efficiency descriptor. 

17 ‘‘(v) PERIOD.—Subclause (E) shall 

18 apply during the period— 

19 ‘‘(I) beginning on the date of 

20 publication of the conversion factor in 

21 the Federal Register; and 

22 ‘‘(II) ending on April 16, 2015. 

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

24 exclude a specific category of covered water 

25 heaters from the uniform efficiency descriptor 

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1 established under this paragraph if the Sec2 retary determines that the category of water 

3 heaters— 

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

5 and can be clearly described in the final 

6 rule; and 

7 ‘‘(ii) are effectively rated using the 

8 thermal efficiency and standby loss 

9 descriptors applied (on the date of enact10 ment of this paragraph) to the category 

11 under section 342(a)(5). 

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

13 final rule may be— 

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

15 factor descriptor in use on the date of en16 actment of this paragraph; 

17 ‘‘(ii) the thermal efficiency and stand18 by loss descriptors in use on that date; 

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

20 efficiency and standby loss descriptors; 

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

22 ‘‘(v) a new approach. 

23 ‘‘(H) APPLICATION.—The efficiency 

24 descriptor and accompanying test method estab25 lished under the final rule shall apply, to the 

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1 maximum extent practicable, to all water heat2 ing technologies in use on the date of enact3 ment of this paragraph and to future water 

4 heating technologies. 

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

6 invite interested stakeholders to participate in 

7 the rulemaking process used to establish the 

8 final rule. 

9 ‘‘(J) TESTING OF ALTERNATIVE

10 DESCRIPTORS.—In establishing the final rule, 

11 the Secretary shall contract with the National 

12 Institute of Standards and Technology, as nec13 essary, to conduct testing and simulation of al14 ternative descriptors identified for consider15 ation. 

16 ‘‘(K) EXISTING COVERED WATER HEAT17 ERS.—A covered water heater shall be consid18 ered to comply with the final rule on and after 

19 the effective date of the final rule and with any 

20 revised labeling requirements established by the 

21 Federal Trade Commission to carry out the 

22 final rule if the covered water heater— 

23 ‘‘(i) was manufactured prior to the ef24 fective date of the final rule; and 

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1 ‘‘(ii) complied with the efficiency 

2 standards and labeling requirements in ef3 fect prior to the final rule.’’. 

4 SEC. 13. CLOTHES DRYERS. 

5 Section 325(g)(4) of the Energy Policy and Con6 servation Act (42 U.S.C. 6295(g)(4)) is amended by add7 ing at the end the following: 

8 ‘‘(D) MINIMUM ENERGY FACTORS FOR

9 CLOTHES DRYERS.— 

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

11 procedure in effect as of July 9, 2010, 

12 clothes dryers manufactured on or after 

13 January 1, 2015, shall comply with the 

14 minimum energy factors specified in the 

15 table contained in clause (ii). 

16 ‘‘(ii) NEW STANDARDS.—The min17 imum energy factors referred to in clause 

18 (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.

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1 ‘‘(iii) FINAL RULE.— 

2 ‘‘(I) REQUIREMENTS.— 

3 ‘‘(aa) IN GENERAL.—The 

4 final rule to amend the clothes 

5 dryer test procedure adopted pur6 suant to section 323(b)(24)(B) 

7 shall amend the energy factors 

8 standards specified in the table 

9 contained in clause (ii) in accord10 ance with the procedures de11 scribed in section 323(e)(2). 

12 ‘‘(bb) REPRESENTATIVE

13 SAMPLE.—To establish a rep14 resentative sample of compliant 

15 products, the Secretary shall se16 lect a sample of minimally com17 pliant dryers that automatically 

18 terminate the drying cycle at not 

19 less than 4 percent remaining 

20 moisture content. 

21 ‘‘(II) STANDBY AND OFF MODE

22 ENERGY CONSUMPTION.— 

23 ‘‘(aa) INTEGRATION.—The 

24 Secretary shall integrate standby 

25 and off mode energy consumption 

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1 into the amended standards re2 quired under subclause (I). 

3 ‘‘(bb) REQUIREMENTS.— 

4 The amended standards de5 scribed in item (aa) shall reflect 

6 levels of standby and off mode 

7 energy consumption that meet 

8 the criteria described in section 

9 325(o). 

10 ‘‘(III) APPLICABILITY.— 

11 ‘‘(aa) AMENDMENT OF

12 STANDARD.—Section 323(e)(3) 

13 shall not apply to the amended 

14 standards described in subclause 

15 (I). 

16 ‘‘(bb) AMENDED STAND17 ARDS.—The amended standards 

18 required by this clause shall 

19 apply to products manufactured 

20 on or after January 1, 2015. 

21 ‘‘(iv) OTHER STANDARDS.—Any dryer 

22 energy conservation standard that takes ef23 fect after the date of enactment of this 

24 subparagraph but before the amended 

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1 standard required by this subparagraph 

2 shall not apply.’’. 

3 SEC. 14. STANDARDS FOR CLOTHES WASHERS. 

4 Section 325(g)(9) of the Energy Policy and Con5 servation Act (42 U.S.C. 6295(g)(9)) is amended by strik6 ing subparagraph (B) and inserting the following: 

7 ‘‘(B) AMENDMENT OF STANDARDS.— 

8 ‘‘(i) PRODUCTS MANUFACTURED ON

9 OR AFTER JANUARY 1, 2015.— 

10 ‘‘(I) IN GENERAL.—Based on the 

11 test procedure in effect on July 9, 

12 2010, clothes washers manufactured 

13 on or after January 1, 2015, shall 

14 comply with the minimum modified 

15 energy factors and maximum water 

16 factors specified in the table contained 

17 in subclause (II). 

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

20 maximum water factors referred to in 

21 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. 

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1 ‘‘(ii) PRODUCTS MANUFACTURED ON

2 OR AFTER JANUARY 1, 2018.— 

3 ‘‘(I) IN GENERAL.—Based on the 

4 test procedure in effect on July 9, 

5 2010, top-loading clothes washers 

6 manufactured on or after January 1, 

7 2018, shall comply with the minimum 

8 modified energy factors and maximum 

9 water factors specified in the table 

10 contained in subclause (II). 

11 ‘‘(II) STANDARDS.—The min12 imum modified energy factors and 

13 maximum water factors referred to in 

14 subclause (I) are as follows: 

‘‘MEF WF 

Top Loading—Standard 2.0 6.0 

Top Loading—Compact 1.81 11.6. 

15 ‘‘(iii) FINAL RULE.— 

16 ‘‘(I) IN GENERAL.—The final 

17 rule to amend the clothes washer test 

18 procedure adopted pursuant to section 

19 323(b)(24)(A) shall amend the stand20 ards described in clauses (i) and (ii) 

21 in accordance with the procedures de22 scribed in section 323(e)(2). 

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1 ‘‘(II) STANDBY AND OFF MODE

2 ENERGY CONSUMPTION.— 

3 ‘‘(aa) INTEGRATION.—The 

4 Secretary shall integrate standby 

5 and off mode energy consumption 

6 into the amended modified en7 ergy factor standards required 

8 under subclause (I). 

9 ‘‘(bb) REQUIREMENTS.— 

10 The amended modified energy 

11 factor standards described in 

12 item (aa) shall reflect levels of 

13 standby and off mode energy 

14 consumption that meet the cri15 teria described in section 325(o). 

16 ‘‘(III) APPLICABILITY.— 

17 ‘‘(aa) AMENDMENT OF

18 STANDARD.—Section 323(e)(3) 

19 shall not apply to the amended 

20 standards described in subclause 

21 (I). 

22 ‘‘(bb) AMENDED STANDARDS

23 FOR PRODUCTS MANUFACTURED

24 ON OR AFTER JANUARY 1, 2015.— 

25 Amended standards required by 

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1 this clause that are based on 

2 clause (i) shall apply to products 

3 manufactured on or after Janu4 ary 1, 2015. 

5 ‘‘(cc) AMENDED STANDARDS

6 FOR PRODUCTS MANUFACTURED

7 ON OR AFTER JANUARY 1, 2018.— 

8 Amended standards required by 

9 this clause that are based on 

10 clause (ii) shall apply to products 

11 manufactured on or after Janu12 ary 1, 2018.’’. 

13 SEC. 15. DISHWASHERS. 

14 Section 325(g)(10) of the Energy Policy and Con15 servation Act (42 U.S.C. 6295(g)(10)) is amended— 

16 (1) by striking subparagraph (A); 

17 (2) by redesignating subparagraph (B) as sub18 paragraph (D); and 

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

20 redesignated by paragraph (2)) the following: 

21 ‘‘(A) DISHWASHERS MANUFACTURED ON

22 OR AFTER JANUARY 1, 2010.—A dishwasher 

23 manufactured on or after January 1, 2010, 

24 shall— 

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

2 not exceed 355 kilowatt hours per year and 

3 6.5 gallons per cycle; and 

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

5 not exceed 260 kilowatt hours per year and 

6 4.5 gallons per cycle. 

7 ‘‘(B) DISHWASHERS MANUFACTURED ON

8 OR AFTER JANUARY 1, 2013.—A dishwasher 

9 manufactured on or after January 1, 2013, 

10 shall— 

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

12 not exceed 307 kilowatt hours per year and 

13 5.0 gallons per cycle; and 

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

15 not exceed 222 kilowatt hours per year and 

16 3.5 gallons per cycle. 

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

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

19 amend the dishwasher test procedure after 

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

21 shall amend the standards described in 

22 subparagraph (B) in accordance with the 

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

24 ‘‘(ii) APPLICABILITY.— 

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1 ‘‘(I) AMENDMENT OF STAND2 ARD.—Section 323(e)(3) shall not 

3 apply to the amended standards de4 scribed in clause (i). 

5 ‘‘(II) AMENDED STANDARDS.— 

6 The amended standards required by 

7 this subparagraph shall apply to prod8 ucts manufactured on or after Janu9 ary 1, 2013.’’. 

10 SEC. 16. STANDARDS FOR CERTAIN REFLECTOR LAMPS. 

11 Section 325(i) of the Energy Policy and Conservation 

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

13 the following: 

14 ‘‘(9) REFLECTOR LAMPS.—In conducting 

15 rulemakings for reflector lamps after January 1, 

16 2014, the Secretary shall consider— 

17 ‘‘(A) incandescent and nonincandescent 

18 technologies; and 

19 ‘‘(B) a new energy-related measure, other 

20 than lumens per watt, that is based on the photo21 metric distribution of those lamps.’’. 

22 SEC. 16.17. PETITION FOR AMENDED STANDARDS. 

23 Section 325(n) of the Energy Policy and Conserva24 tion Act (42 U.S.C. 6295(n)) is amended— 

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1 (1) by redesignating paragraph (3) as para2 graph (5); and 

3 (2) by inserting after paragraph (2) the fol4 lowing: 

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

6 180 days after the date of receiving a petition, the 

7 Secretary shall publish in the Federal Register a no8 tice of, and explanation for, the decision of the Sec9 retary to grant or deny the petition. 

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

11 later than 3 years after the date of granting a peti12 tion for new or amended standards, the Secretary 

13 shall publish in the Federal Register— 

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

15 amended standards; or 

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

17 amended standards are necessary.’’. 

18 SEC. 17.18. PROHIBITED ACTS. 

19 Section 332(a) of the Energy Policy and Conserva20 tion Act (42 U.S.C. 6302(a)) is amended— 

21 (1) in paragraph (1), by striking ‘‘for any man22 ufacturer or private labeler to distribute’’ and insert23 ing ‘‘for any manufacturer (or representative of a 

24 manufacturer), distributor, retailer, or private label25 er to offer for sale or distribute’’; 

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

2 following: 

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

4 a manufacturer), distributor, retailer, or private la5 beler— 

6 ‘‘(A) to offer for sale or distribute in com7 merce any new covered product that is not in 

8 conformity with an applicable energy conserva9 tion standard established in or prescribed under 

10 this part; or 

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

12 that is more stringent than the base national 

13 standard, to offer for sale or distribute in com14 merce any new covered product having knowl15 edge (consistent with the definition of ‘know16 ingly’ in section 333(b)) that the product will 

17 be installed at a location covered by a regional 

18 standard established in or prescribed under this 

19 part and will not be in conformity with the 

20 standard;’’; 

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

22 306(b)(2) of Public Law 110–140 (121 Stat. 

23 1559)), by striking the period at the end and insert24 ing a semicolon; 

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

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

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

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

5 (A) by striking ‘‘for any manufacturer, dis6 tributor, retailer, or private labeler to dis7 tribute’’ and inserting ‘‘for any manufacturer 

8 (or representative of a manufacturer), dis9 tributor, retailer, or private labeler to offer for 

10 sale or distribute’’; and 

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

12 inserting a semicolon; and 

13 (6) by inserting after paragraph (7) (as so re14 designated) the following: 

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

16 distribute in commerce any new covered product that 

17 has not been properly certified in accordance with 

18 the requirements established in or prescribed under 

19 this part; 

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

21 distribute in commerce any new covered product that 

22 has not been properly tested in accordance with the 

23 requirements established in or prescribed under this 

24 part; and 

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

2 violate any regulation lawfully promulgated to imple3 ment any provision of this part.’’. 

4 SEC. 18.19. OUTDOOR LIGHTING. 

5 (a) DEFINITIONS.— 

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

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

8 6311(1)) is amended— 

9 (A) by redesignating subparagraph (L) as 

10 subparagraph (O); and 

11 (B) by inserting after subparagraph (K) 

12 the following: 

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

14 quartz halogen lamps. 

15 ‘‘(M) General purpose mercury vapor 

16 lamps.’’. 

17 (2) INDUSTRIAL EQUIPMENT.—Section 

18 340(2)(B) of the Energy Policy and Conservation 

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

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

21 water’’; and 

22 (B) by inserting after ‘‘tanks’’ the fol23 lowing: ‘‘, high light output double-ended quartz 

24 halogen lamps, and general purpose mercury 

25 vapor lamps’’. 

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

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

3 6311) is amended— 

4 (A) by redesignating paragraphs (22) and 

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

6 314(a) of the Energy Independence and Secu7 rity Act of 2007 (121 Stat. 1564, 1569)) as 

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

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

10 ‘‘(25) GENERAL PURPOSE MERCURY VAPOR

11 LAMP.—The term ‘general purpose mercury vapor 

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

13 section 321) that— 

14 ‘‘(A) has a screw base; 

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

16 applications (as defined in section 321); 

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

18 vapor lamp; and 

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

20 vapor lamp ballast (as defined in section 321) 

21 or is a self-ballasted lamp. 

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

23 QUARTZ HALOGEN LAMP.—The term ‘high light out24 put double-ended quartz halogen lamp’ means a 

25 lamp that— 

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1 ‘‘(A) is designed for general outdoor light2 ing purposes; 

3 ‘‘(B) contains a tungsten filament; 

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

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

6 lumens; 

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

8 contact, R7s base; 

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

10 between 4 and 11 inches; 

‘‘(F) has a nominal diameter less than 3 11 ⁄4

12 inch (T6); 

13 ‘‘(G) is designed to be operated at a volt14 age not less than 110 volts and not greater 

15 than 200 volts or is designed to be operated at 

16 a voltage between 235 volts and 300 volts; 

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

18 lamp; and 

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

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

21 500 hours or less. 

22 ‘‘(27) SPECIALTY APPLICATION MERCURY

23 VAPOR LAMP.—The term ‘specialty application mer24 cury vapor lamp’ means a mercury vapor lamp (as 

25 defined in section 321) that is— 

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1 ‘‘(A) designed only to operate on a spe2 cialty application mercury vapor lamp ballast 

3 (as defined in section 321); and 

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

5 applications only. 

6 ‘‘(28) TUBULAR QUARTZ INFRARED HEAT

7 LAMP.—The term ‘tubular quartz infrared heat 

8 lamp’ means a double-ended quartz halogen lamp 

9 that— 

10 ‘‘(A) is marked and marketed as an infra11 red heat lamp; and 

12 ‘‘(B) radiates predominately in the infra13 red radiation range and in which the visible ra14 diation is not of principle interest.’’. 

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

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

17 adding at the end the following: 

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

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

20 quartz halogen lamp manufactured on or after January 

21 1, 2016, shall have a minimum efficiency of— 

22 ‘‘(1) 27 LPW for lamps with a minimum rated 

23 initial lumen value greater than 6,000 and a max24 imum initial lumen value of 15,000; and 

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1 ‘‘(2) 34 LPW for lamps with a rated initial 

2 lumen value greater than 15,000 and less than 

3 40,000. 

4 ‘‘(h) GENERAL PURPOSE MERCURY VAPOR

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

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

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

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

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

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

11 provided in this section, the’’; and 

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

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

14 HALOGEN LAMPS.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), section 327 shall apply to high light out17 put double-ended quartz halogen lamps to the same 

18 extent and in the same manner as described in sec19 tion 325(nn)(1). 

20 ‘‘(2) STATE ENERGY CONSERVATION STAND21 ARDS.—Any State energy conservation standard that 

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

23 to a statutory requirement to adopt efficiency stand24 ard for reducing outdoor lighting energy use enacted 

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

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1 SEC. 19.20. 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 ther12 mal efficiency 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. 20.21. SERVICE OVER THE COUNTER, SELF-CON2 TAINED, MEDIUM TEMPERATURE COMMER3 CIAL REFRIGERATORS. 

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. 21.22. MOTOR MARKET ASSESSMENT AND COMMER13 CIAL 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. 22.23. 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. 23.24. STUDY OF DIRECT CURRENT ELECTRICITY SUP19 PLY 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. 24.25. 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, 

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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 

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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’’. 

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Calendar No. 54 

112TH CONGRESS 

1ST SESSION S. 398 

[Report No. 112–18] 

A BILL 

To amend the Energy Policy and Conservation Act 

ances and equipment, and for other purposes. to improve the energy-efficiency of certain appliMAY 18, 2011 

Reported with amendments 

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