II 

113TH CONGRESS 

2D SESSION S. 2791 

To amend the Energy Policy and Conservation Act to permit exemptions 

for external power supplies from certain efficiency standards, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2014 

Mrs. SHAHEEN (for herself and Mr. PORTMAN) introduced the following bill; 

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

A BILL 

To amend the Energy Policy and Conservation Act to permit 

exemptions for external power supplies from certain efficiency standards, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘EPS Service Parts 

5 Act of 2014’’. 

6 SEC. 2. EXEMPT SUPPLIES. 

7 Section 325(u) of the Energy Policy and Conserva8 tion Act (42 U.S.C. 6295(u)) is amended by adding at 

9 the end the following: 


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1 ‘‘(5) EXEMPT SUPPLIES.— 

2 ‘‘(A) FEBRUARY 10, 2014, RULE.— 

3 ‘‘(i) IN GENERAL.—An external power 

4 supply shall not be subject to the final rule 

5 entitled ‘Energy Conservation Program: 

6 Energy Conservation Standards for Exter7 nal Power Supplies’, published at 79 Fed. 

8 Reg. 7845 (February 10, 2014), if the ex9 ternal power supply— 

10 ‘‘(I) is manufactured during the 

11 period beginning on February 10, 

12 2016, and ending on February 10, 

13 2020; 

14 ‘‘(II) is marked in accordance 

15 with the External Power Supply 

16 International Efficiency Marking Pro17 tocol, as in effect on February 10, 

18 2016; 

19 ‘‘(III) meets, where applicable, 

20 the standards under paragraph 

21 (3)(A), and has been certified to the 

22 Secretary as meeting International 

23 Efficiency Level IV or higher of the 

24 External Power Supply International 


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1 Efficiency Marking Protocol, as in ef2 fect on February 10, 2016; and 

3 ‘‘(IV) is made available by the 

4 manufacturer as a service part or a 

5 spare part for an end-use product 

6 that— 

7 ‘‘(aa) constitutes the pri8 mary load; and 

9 ‘‘(bb) was manufactured be10 fore February 10, 2016. 

11 ‘‘(ii) REPORTING.—The Secretary 

12 may require manufacturers of products ex13 empted pursuant to clause (i) to report an14 nual total units shipped as service and 

15 spare parts that are not International Effi16 ciency Level VI or higher. 

17 ‘‘(iii) LIMITATION OF EXEMPTION.— 

18 The Secretary may issue a rule, after pro19 viding public notice and opportunity for 

20 public comment, to limit the applicability 

21 of the exemption established under clause 

22 (i) if the Secretary determines that the ex23 emption is resulting in a significant reduc24 tion of the energy savings that would othVerDate Mar 15 2010 03:02 Sep 11, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.IS S2791

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1 erwise result from the final rule described 

2 in such clause. 

3 ‘‘(B) AMENDED STANDARDS.— 

4 ‘‘(i) IN GENERAL.—The Secretary 

5 may exempt an external power supply from 

6 any amended standard under this sub7 section if the external power supply— 

8 ‘‘(I) is manufactured within four 

9 years of the compliance date of the 

10 amended standard; 

11 ‘‘(II) complies with applicable 

12 marking requirements adopted by the 

13 Secretary prior to the amendment; 

14 ‘‘(III) meets the standards that 

15 were in effect prior to the amendment; 

16 and 

17 ‘‘(IV) is made available by the 

18 manufacturer as a service part or a 

19 spare part for an end-use product 

20 that— 

21 ‘‘(aa) constitutes the pri22 mary load; and 

23 ‘‘(bb) was manufactured be24 fore the compliance date of the 

25 amended standard. 


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1 ‘‘(ii) REPORTING.—The Secretary 

2 may require manufacturers of a product 

3 exempted pursuant to clause (i) to report 

4 annual total units shipped as service and 

5 spare parts that do not meet the amended 

6 standard.’’. 

Æ 


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