II 

111TH CONGRESS 

2D SESSION S. 3059 

To improve the energy efficiency of appliances, lighting, and buildings, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2010 

Mr. BINGAMAN (for himself, Ms. MURKOWSKI, and Mr. MENENDEZ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To improve the energy efficiency of appliances, lighting, and 

buildings, 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 ‘‘National Energy Effi5 ciency Enhancement Act of 2010’’. 

6 SEC. 2. ENERGY CONSERVATION STANDARDS. 

7 (a) DEFINITION OF ENERGY CONSERVATION STAND8 ARD.—Section 321 of the Energy Policy and Conservation 

9 Act (42 U.S.C. 6291) is amended— 


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

2 following: 

3 ‘‘(6) ENERGY CONSERVATION STANDARD.— 

4 ‘‘(A) IN GENERAL.—The term ‘energy con5 servation standard’ means 1 or more perform6 ance standards that— 

7 ‘‘(i) for covered products (excluding 

8 clothes washers, dishwashers, showerheads, 

9 faucets, water closets, and urinals), pre10 scribe a minimum level of energy efficiency 

11 or a maximum quantity of energy use, de12 termined in accordance with test proce13 dures prescribed under section 323; 

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

15 closets, and urinals, prescribe a minimum 

16 level of water efficiency or a maximum 

17 quantity of water use, determined in ac18 cordance with test procedures prescribed 

19 under section 323; and 

20 ‘‘(iii) for clothes washers and dish21 washers— 

22 ‘‘(I) prescribe a minimum level of 

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1 cordance with test procedures pre2 scribed under section 323; and 

3 ‘‘(II) may include a minimum 

4 level of water efficiency or a maximum 

5 quantity of water use, determined in 

6 accordance with those test procedures. 

7 ‘‘(B) INCLUSIONS.—The term ‘energy con8 servation standard’ includes— 

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

10 the requirements were established— 

11 ‘‘(I) on or before the date of en12 actment of this subclause; 

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

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

15 ‘‘(III) as part of a final rule 

16 pub1lished on or after January 1, 

17 2012; and 

18 ‘‘(ii) any other requirements that the 

19 Secretary may prescribe under section 

20 325(r). 

21 ‘‘(C) EXCLUSION.—The term ‘energy con22 servation standard’ does not include a perform23 ance standard for a component of a finished 

24 covered product, unless regulation of the comVerDate Nov 24 2008 03:13 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3059.IS S3059

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1 ponent is specifically authorized or established 

2 pursuant to this title.’’; and 

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

4 ‘‘(66) EER.—The term ‘EER’ means energy 

5 efficiency ratio. 

6 ‘‘(67) HSPF.—The term ‘HSPF’ means heat7 ing seasonal performance factor.’’. 

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

9 323(b) of the Energy Policy and Conservation Act (42 

10 U.S.C. 6293(b)) is amended by adding at the end the fol11 lowing: 

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

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), for purposes of residential central 

15 air conditioner and heat pump standards that 

16 take effect on or before January 1, 2015— 

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

18 outdoor test temperature of 95 degrees 

19 Fahrenheit; and 

20 ‘‘(ii) the HSPF shall be calculated 

21 based on Region IV conditions. 

22 ‘‘(B) REVISIONS.—The Secretary may re23 vise the EER outdoor test temperature and the 

24 conditions for HSPF calculations as part of any 


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1 rulemaking to revise the central air conditioner 

2 and heat pump test method.’’. 

3 (c) CENTRAL AIR CONDITIONERS AND HEAT

4 PUMPS.—Section 325(d) of the Energy Policy and Con5 servation Act (42 U.S.C. 6295(d)) is amended by adding 

6 at the end the following: 

7 ‘‘(4) CENTRAL AIR CONDITIONERS AND HEAT

8 PUMPS (EXCEPT THROUGH-THE-WALL CENTRAL AIR

9 CONDITIONERS, THROUGH-THE-WALL CENTRAL AIR

10 CONDITIONING HEAT PUMPS, AND SMALL DUCT, 

11 HIGH VELOCITY SYSTEMS) MANUFACTURED ON OR

12 AFTER JANUARY 1, 2015.— 

13 ‘‘(A) BASE NATIONAL STANDARDS.— 

14 ‘‘(i) SEASONAL ENERGY EFFICIENCY

15 RATIO.—The seasonal energy efficiency 

16 ratio of central air conditioners and central 

17 air conditioning heat pumps manufactured 

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

19 less than the following: 

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

21 air conditioners and 14 for heat 

22 pumps. 

23 ‘‘(II) Single Package Systems: 

24 14. 


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1 ‘‘(ii) HEATING SEASONAL PERFORM2 ANCE FACTOR.—The heating seasonal per3 formance factor of central air conditioning 

4 heat pumps manufactured on or after Jan5 uary 1, 2015, shall not be less than the 

6 following: 

7 ‘‘(I) Split Systems: 8.2. 

8 ‘‘(II) Single Package Systems: 

9 8.0. 

10 ‘‘(B) REGIONAL STANDARDS.— 

11 ‘‘(i) SEASONAL ENERGY EFFICIENCY

12 RATIO.—The seasonal energy efficiency 

13 ratio of central air conditioners and central 

14 air conditioning heat pumps manufactured 

15 on or after January 1, 2015, and installed 

16 in States having historical average annual, 

17 population weighted, heating degree days 

18 less than 5,000 (specifically the States of 

19 Alabama, Arizona, Arkansas, California, 

20 Delaware, Florida, Georgia, Hawaii, Ken21 tucky, Louisiana, Maryland, Mississippi, 

22 Nevada, New Mexico, North Carolina, 

23 Oklahoma, South Carolina, Tennessee, 

24 Texas, and Virginia) or in the District of 

25 Columbia, the Commonwealth of Puerto 


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1 Rico, or any other territory or possession 

2 of the United States shall not be less than 

3 the following: 

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

5 air conditioners and 14 for heat 

6 pumps. 

7 ‘‘(II) Single Package Systems: 

8 14. 

9 ‘‘(ii) ENERGY EFFICIENCY RATIO.— 

10 The energy efficiency ratio of central air 

11 conditioners (not including heat pumps) 

12 manufactured on or after January 1, 2015, 

13 and installed in the State of Arizona, Cali14 fornia, New Mexico, or Nevada shall be not 

15 less than the following: 

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

17 systems having a rated cooling capac18 ity less than 45,000 BTU per hour 

19 and 11.7 for products having a rated 

20 cooling capacity equal to or greater 

21 than 45,000 BTU per hour. 

22 ‘‘(II) Single Package Systems: 

23 11.0. 

24 ‘‘(iii) APPLICATION OF SUBSECTION

25 (O)(6).—Subsection (o)(6) shall apply to 


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1 the regional standards set forth in this 

2 subparagraph. 

3 ‘‘(C) AMENDMENT OF STANDARDS.— 

4 ‘‘(i) IN GENERAL.—Not later than 

5 January 1, 2017, the Secretary shall pub6 lish a final rule to determine whether the 

7 standards in effect for central air condi8 tioners and central air conditioning heat 

9 pumps should be amended. 

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

11 provide that any amendments shall apply 

12 to products manufactured on or after Jan13 uary 1, 2022. 

14 ‘‘(D) CONSIDERATION OF ADDITIONAL

15 PERFORMANCE STANDARDS OR EFFICIENCY

16 CRITERIA.— 

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

18 in advance of the expected publication date 

19 of a final rule for central air conditioners 

20 and heat pumps under subparagraph (C), 

21 the Secretary shall convene and facilitate a 

22 forum for interested persons that are fairly 

23 representative of relevant points of view 

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1 ciency advocates), as determined by the 

2 Secretary, to consider adding additional 

3 performance standards or efficiency cri4 teria in the forthcoming rule. 

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

6 year of the initial convening of such a 

7 forum, the Secretary receives a rec8 ommendation submitted jointly by such 

9 representative interested persons to add 1 

10 or more performance standards or effi11 ciency criteria, the Secretary shall incor12 porate the performance standards or effi13 ciency criteria in the rulemaking process, 

14 and, if justified under the criteria estab15 lished in this section, incorporate such per16 formance standards or efficiency criteria in 

17 the revised standard. 

18 ‘‘(iii) NO RECOMMENDATION.—If no 

19 such joint recommendation is made within 

20 1 year of the initial convening of such a 

21 forum, the Secretary may add additional 

22 performance standards or efficiency cri23 teria if the Secretary finds that the bene24 fits substantially exceed the burdens of the 

25 action. 


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1 ‘‘(E) NEW CONSTRUCTION LEVELS.— 

2 ‘‘(i) IN GENERAL.—As part of any 

3 final rule concerning central air condi4 tioner and heat pump standards published 

5 after June 1, 2013, the Secretary shall de6 termine if the building code levels specified 

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

8 subject to meeting the criteria of sub9 section (o) when applied specifically to new 

10 construction. 

11 ‘‘(ii) EFFECTIVE DATE.—Any amend12 ed levels shall not take effect before Janu13 ary 1, 2018. 

14 ‘‘(iii) AMENDED LEVELS.—The final 

15 rule shall contain the amended levels, if 

16 any.’’. 

17 (d) THROUGH-THE-WALL CENTRAL AIR CONDI18 TIONERS, THROUGH-THE-WALL CENTRAL AIR CONDI19 TIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOC20 ITY SYSTEMS.—Section 325(d) of the Energy Policy and 

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

22 subsection (c)) is amended by adding at the end the fol23 lowing: 

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

25 CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL


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1 CENTRAL AIR CONDITIONING HEAT PUMPS, AND

2 SMALL DUCT, HIGH VELOCITY SYSTEMS.— 

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

4 ‘‘(i) SMALL DUCT, HIGH VELOCITY

5 SYSTEM.—The term ‘small duct, high ve6 locity system’ means a heating and cooling 

7 product that contains a blower and indoor 

8 coil combination that— 

9 ‘‘(I) is designed for, and pro10 duces, at least 1.2 inches of external 

11 static pressure when operated at the 

12 certified air volume rate of 220–350 

13 CFM per rated ton of cooling; and 

14 ‘‘(II) when applied in the field, 

15 uses high velocity room outlets gen16 erally greater than 1,000 fpm that 

17 have less than 6.0 square inches of 

18 free area. 

19 ‘‘(ii) THROUGH-THE-WALL CENTRAL

20 AIR CONDITIONER; THROUGH-THE-WALL

21 CENTRAL AIR CONDITIONING HEAT

22 PUMP.—The terms ‘through-the-wall cen23 tral air conditioner’ and ‘through-the-wall 

24 central air conditioning heat pump’ mean a 

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1 spectively, that is designed to be installed 

2 totally or partially within a fixed-size open3 ing in an exterior wall, and— 

4 ‘‘(I) is not weatherized; 

5 ‘‘(II) is clearly and permanently 

6 marked for installation only through 

7 an exterior wall; 

8 ‘‘(III) has a rated cooling capac9 ity no greater than 30,000 Btu/hr; 

10 ‘‘(IV) exchanges all of its outdoor 

11 air across a single surface of the 

12 equipment cabinet; and 

13 ‘‘(V) has a combined outdoor air 

14 exchange area of less than 800 square 

15 inches (split systems) or less than 

16 1,210 square inches (single packaged 

17 systems) as measured on the surface 

18 area described in subclause (IV). 

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

20 revise the definitions contained in this sub21 paragraph through publication of a final 

22 rule. 

23 ‘‘(B) RULEMAKING.— 

24 ‘‘(i) IN GENERAL.—Not later than 

25 June 30, 2011, the Secretary shall publish 


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1 a final rule to determine whether stand2 ards for through-the-wall central air condi3 tioners, through-the-wall central air condi4 tioning heat pumps and small duct, high 

5 velocity systems should be established or 

6 amended. 

7 ‘‘(ii) APPLICATION.—The rule shall 

8 provide that any new or amended standard 

9 shall apply to products manufactured on or 

10 after June 30, 2016.’’. 

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

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

13 adding at the end the following: 

14 ‘‘(5) NON-WEATHERIZED FURNACES (INCLUD15 ING MOBILE HOME FURNACES, BUT NOT INCLUDING

16 BOILERS) MANUFACTURED ON OR AFTER MAY 1, 

17 2013, AND WEATHERIZED FURNACES MANUFAC18 TURED ON OR AFTER JANUARY 1, 2015.— 

19 ‘‘(A) BASE NATIONAL STANDARDS.— 

20 ‘‘(i) NON-WEATHERIZED FURNACES.— 

21 The annual fuel utilization efficiency of 

22 non-weatherized furnaces manufactured on 

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

24 than the following: 

25 ‘‘(I) Gas furnaces: 80 percent. 


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1 ‘‘(II) Oil furnaces: 83 percent. 

2 ‘‘(ii) WEATHERIZED FURNACES.—The 

3 annual fuel utilization efficiency of weath4 erized gas furnaces manufactured on or 

5 after January 1, 2015, shall be not less 

6 than 81 percent. 

7 ‘‘(B) REGIONAL STANDARD.— 

8 ‘‘(i) ANNUAL FUEL UTILIZATION EF9 FICIENCY.—The annual fuel utilization ef10 ficiency of non-weatherized gas furnaces 

11 manufactured on or after May 1, 2013, 

12 and installed in States having historical av13 erage annual, population weighted, heating 

14 degree days equal to or greater than 5000 

15 (specifically the States of Alaska, Colorado, 

16 Connecticut, Idaho, Illinois, Indiana, Iowa, 

17 Kansas, Maine, Massachusetts, Michigan, 

18 Minnesota, Missouri, Montana, Nebraska, 

19 New Hampshire, New Jersey, New York, 

20 North Dakota, Ohio, Oregon, Pennsyl21 vania, Rhode Island, South Dakota, Utah, 

22 Vermont, Washington, West Virginia, Wis23 consin, and Wyoming) shall be not less 

24 than 90 percent. 


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1 ‘‘(ii) APPLICATION OF SUBSECTION

2 (O)(6).—Subsection (o)(6) shall apply to 

3 the regional standard set forth in this sub4 paragraph. 

5 ‘‘(C) AMENDMENT OF STANDARDS.— 

6 ‘‘(i) NON-WEATHERIZED FURNACES.— 

7 ‘‘(I) IN GENERAL.—Not later 

8 than January 1, 2014, the Secretary 

9 shall publish a final rule to determine 

10 whether the standards in effect for 

11 non-weatherized furnaces should be 

12 amended. 

13 ‘‘(II) APPLICATION.—The rule 

14 shall provide that any amendments 

15 shall apply to products manufactured 

16 on or after January 1, 2019. 

17 ‘‘(ii) WEATHERIZED FURNACES.— 

18 ‘‘(I) IN GENERAL.—Not later 

19 than January 1, 2017, the Secretary 

20 shall publish a final rule to determine 

21 whether the standard in effect for 

22 weatherized furnaces should be 

23 amended. 

24 ‘‘(II) APPLICATION.—The rule 

25 shall provide that any amendments 


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1 shall apply to products manufactured 

2 on or after January 1, 2022. 

3 ‘‘(D) NEW CONSTRUCTION LEVELS.— 

4 ‘‘(i) IN GENERAL.—As part of any 

5 final rule concerning furnace standards 

6 published after June 1, 2013, the Sec7 retary shall determine if the building code 

8 levels specified in section 327(f)(3)(C) 

9 should be amended subject to meeting the 

10 criteria of subsection (o) when applied spe11 cifically to new construction. 

12 ‘‘(ii) EFFECTIVE DATE.—Any amend13 ed levels shall not take effect before Janu14 ary 1, 2018. 

15 ‘‘(iii) AMENDED LEVELS.—The final 

16 rule shall contain the amended levels, if 

17 any.’’. 

18 (f) EXCEPTION FOR CERTAIN BUILDING CODE RE19 QUIREMENTS.—Section 327(f) of the Energy Policy and 

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

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

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

23 ‘‘(B) The code does not contain a manda24 tory requirement that, under all code compli25 ance paths, requires that the covered product 


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1 have an energy efficiency exceeding 1 of the fol2 lowing levels: 

3 ‘‘(i) The applicable energy conserva4 tion standard established in or prescribed 

5 under section 325. 

6 ‘‘(ii) The level required by a regula7 tion of the State for which the Secretary 

8 has issued a rule granting a waiver under 

9 subsection (d). 

10 ‘‘(C) If the energy consumption or con11 servation objective in the code is determined 

12 using covered products, including any baseline 

13 building designs against which all submitted 

14 building designs are to be evaluated, the objec15 tive is based on the use of covered products 

16 having efficiencies not exceeding— 

17 ‘‘(i) for residential furnaces, central 

18 air conditioners, and heat pumps, effective 

19 not earlier than January 1, 2013, and 

20 until such time as a level takes effect for 

21 the product under clause (ii)— 

22 ‘‘(I) for the States described in 

23 section 325(d)(5)(B)(i)— 

24 ‘‘(aa) 92 percent AFUE for 

25 gas furnaces; and 


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1 ‘‘(bb) 14 SEER for central 

2 air conditioners (not including 

3 heat pumps); 

4 ‘‘(II) for the States and other lo5 calities described in section 

6 325(d)(4)(B)(i) (except for the States 

7 of Arizona, California, Nevada, and 

8 New Mexico)— 

9 ‘‘(aa) 90 percent AFUE for 

10 gas furnaces; and 

11 ‘‘(bb) 15 SEER for central 

12 air conditioners; 

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

14 California, Nevada, and New Mex15 ico— 

16 ‘‘(aa) 92 percent AFUE for 

17 gas furnaces; 

18 ‘‘(bb) 15 SEER for central 

19 air conditioners; 

20 ‘‘(cc) an EER of 12.5 for 

21 air conditioners (not including 

22 heat pumps) with cooling capac23 ity less than 45,000 Btu per 

24 hour; and 


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1 ‘‘(dd) an EER of 12.0 for 

2 air conditioners (not including 

3 heat pumps) with cooling capac4 ity of 45,000 Btu per hour or 

5 more; and 

6 ‘‘(IV) for all States— 

7 ‘‘(aa) 85 percent AFUE for 

8 oil furnaces; and 

9 ‘‘(bb) 15 SEER and 8.5 

10 HSPF for heat pumps; 

11 ‘‘(ii) the building code levels estab12 lished pursuant to section 325; or 

13 ‘‘(iii) the applicable standards or lev14 els specified in subparagraph (B). 

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

16 or conservation objective allowed by the code for 

17 installing a covered product having an energy 

18 efficiency exceeding the applicable standard or 

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

20 for-1 equivalent energy use or equivalent energy 

21 cost basis, which may take into account the typ22 ical lifetimes of the products and building fea23 tures, using lifetimes for covered products 

24 based on information published by the Depart25 ment of Energy or the American Society of 


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1 Heating, Refrigerating and Air-Conditioning 

2 Engineers. 

3 ‘‘(E) If the code sets forth 1 or more com4 binations of items that meet the energy con5 sumption or conservation objective, and if 1 or 

6 more combinations specify an efficiency level for 

7 a covered product that exceeds the applicable 

8 standards and levels specified in subparagraph 

9 (B)— 

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

11 that includes such covered products having 

12 efficiencies not exceeding 1 of the stand13 ards or levels specified in subparagraph 

14 (B); and 

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

16 items specify an efficiency level for a fur17 nace, central air conditioner, or heat pump 

18 that exceeds the applicable standards and 

19 levels specified in subparagraph (B), there 

20 is at least 1 combination that the State 

21 has found to be reasonably achievable 

22 using commercially available technologies 

23 that includes such products having effi24 ciencies at the applicable levels specified in 

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1 tion need include a product having an effi2 ciency less than the level specified in sub3 paragraph (B)(ii). 

4 ‘‘(F) The energy consumption or conserva5 tion objective is specified in terms of an esti6 mated total consumption of energy (which may 

7 be specified in units of energy or its equivalent 

8 cost).’’; 

9 (2) in paragraph (4)(B)— 

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

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

12 mandatory requirement that, under all code 

13 compliance paths,’’; and 

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

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

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

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

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

19 a covered product serving an existing building unless 

20 the replacement results in an increase in capacity 

21 greater than— 

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

23 air conditioners and heat pumps; or 

24 ‘‘(B) 20 percent for other covered prod25 ucts.’’. 


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1 SEC. 3. ENERGY CONSERVATION STANDARDS FOR HEAT 

2 PUMP POOL HEATERS. 

3 (a) DEFINITIONS.— 

4 (1) EFFICIENCY DESCRIPTOR.—Section 

5 321(22) of the Energy Policy and Conservation Act 

6 (42 U.S.C. 6291(22)) is amended— 

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

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

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

10 ‘‘(F) For heat pump pool heaters, coeffi11 cient of performance of heat pump pool heat12 ers.’’. 

13 (2) COEFFICIENT OF PERFORMANCE OF HEAT

14 PUMP POOL HEATERS.—Section 321 of the Energy 

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

16 amended by inserting after paragraph (25) the fol17 lowing: 

18 ‘‘(25A) COEFFICIENT OF PERFORMANCE OF

19 HEAT PUMP POOL HEATERS.—The term ‘coefficient 

20 of performance of heat pump pool heaters’ means 

21 the ratio of the capacity to power input value ob22 tained at the following rating conditions: 50.0 °F db/ 

23 44.2 °F wb outdoor air and 80.0 °F entering water 

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

25 (3) THERMAL EFFICIENCY OF GAS-FIRED POOL

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


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1 and Conservation Act (42 U.S.C. 6291(26)) by in2 serting ‘‘gas-fired’’ before ‘‘pool heaters’’. 

3 (b) STANDARDS FOR POOL HEATERS.—Section 

4 325(e)(2) of the Energy Policy and Conservation Act (42 

5 U.S.C. 6295(e)(2)) is amended— 

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

7 pool heaters’’ and inserting the following: 

8 ‘‘(2) POOL HEATERS.— 

9 ‘‘(A) GAS-FIRED POOL HEATERS.—The 

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

11 and 

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

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

14 pump pool heaters manufactured on or after 

15 the date of enactment of this subparagraph 

16 shall have a minimum coefficient of perform17 ance of 4.0.’’. 

18 SEC. 4. EFFICIENCY STANDARDS FOR CLASS A EXTERNAL 

19 POWER SUPPLIES. 

20 Section 325(u)(3) of the Energy Policy and Con21 servation Act (42 U.S.C. 6295(u)(3)) is amended— 

22 (1) in subparagraph (A), by striking ‘‘(D)’’ and 

23 inserting ‘‘(E)’’; and 

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


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1 ‘‘(E) NONAPPLICATION OF NO-LOAD MODE

2 ENERGY EFFICIENCY STANDARDS TO EXTERNAL

3 POWER SUPPLIES FOR CERTAIN SECURITY OR

4 LIFE SAFETY ALARMS OR SURVEILLANCE SYS5 TEMS.— 

6 ‘‘(i) DEFINITION OF SECURITY OR

7 LIFE SAFETY ALARM OR SURVEILLANCE

8 SYSTEM.—In this subparagraph: 

9 ‘‘(I) IN GENERAL.—The term ‘se10 curity or life safety alarm or surveil11 lance system’ means equipment de12 signed and marketed to perform any 

13 of the following functions (on a con14 tinuous basis): 

15 ‘‘(aa) Monitor, detect, 

16 record, or provide notification of 

17 intrusion or access to real prop18 erty or physical assets or notifi19 cation of threats to life safety. 

20 ‘‘(bb) Deter or control ac21 cess to real property or physical 

22 assets, or prevent the unauthor23 ized removal of physical assets. 

24 ‘‘(cc) Monitor, detect, 

25 record, or provide notification of 


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1 fire, gas, smoke, flooding, or 

2 other physical threats to real 

3 property, physical assets, or life 

4 safety. 

5 ‘‘(II) EXCLUSION.—The term ‘se6 curity or life safety alarm or surveil7 lance system’ does not include any 

8 product with a principal function 

9 other than life safety, security, or sur10 veillance that— 

11 ‘‘(aa) is designed and mar12 keted with a built-in alarm or 

13 theft-deterrent feature; or 

14 ‘‘(bb) does not operate nec15 essarily and continuously in ac16 tive mode. 

17 ‘‘(ii) NONAPPLICATION OF NO-LOAD

18 MODE REQUIREMENTS.—The No-Load 

19 Mode energy efficiency standards estab20 lished by this paragraph shall not apply to 

21 an external power supply manufactured be22 fore July 1, 2017, that— 

23 ‘‘(I) is an AC-to-AC external 

24 power supply; 


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1 ‘‘(II) has a nameplate output of 

2 20 watts or more; 

3 ‘‘(III) is certified to the Sec4 retary as being designed to be con5 nected to a security or life safety 

6 alarm or surveillance system compo7 nent; and 

8 ‘‘(IV) on establishment within 

9 the External Power Supply Inter10 national Efficiency Marking Protocol, 

11 as referenced in the ‘Energy Star Pro12 gram Requirements for Single Voltage 

13 External Ac–Dc and Ac–Ac Power 

14 Supplies’, published by the Environ15 mental Protection Agency, of a distin16 guishing mark for products described 

17 in this clause, is permanently marked 

18 with the distinguishing mark. 

19 ‘‘(iii) ADMINISTRATION.—In carrying 

20 out this subparagraph, the Secretary 

21 shall— 

22 ‘‘(I) require, with appropriate 

23 safeguard for the protection of con24 fidential business information, the 


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1 submission of unit shipment data on 

2 an annual basis; and 

3 ‘‘(II) restrict the eligibility of ex4 ternal power supplies for the exemp5 tion provided under this subparagraph 

6 on a finding that a substantial num7 ber of the external power supplies are 

8 being marketed to or installed in ap9 plications other than security or life 

10 safety alarm or surveillance systems.’’. 

11 SEC. 5. PROHIBITED ACTS. 

12 Section 332(a) of the Energy Policy and Conserva13 tion Act (42 U.S.C. 6302(a)) is amended— 

14 (1) in paragraphs (1) and (5), by striking ‘‘for 

15 any manufacturer or private labeler to distribute’’ 

16 each place it appears and inserting ‘‘for any manu17 facturer (or representative of a manufacturer), dis18 tributor, retailer, or private labeler to offer for sale 

19 or distribute’’; 

20 (2) by redesignating paragraph (6) (as added 

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

22 Stat. 1586)) as paragraph (7); and 

23 (3) in paragraph (7) (as so redesignated), by 

24 striking ‘‘for any manufacturer, distributor, retailer, 

25 or private labeler to distribute’’ and inserting ‘‘for 


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1 any manufacturer (or representative of a manufac2 turer), distributor, retailer, or private labeler to offer 

3 for sale or distribute’’. 

4 SEC. 6. 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) Pole-mounted outdoor luminaires. 

14 ‘‘(M) High light output double-ended 

15 quartz halogen lamps. 

16 ‘‘(N) General purpose mercury vapor 

17 lamps.’’. 

18 (2) INDUSTRIAL EQUIPMENT.—Section 

19 340(2)(B) of the Energy Policy and Conservation 

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

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

22 water’’; and 

23 (B) by inserting after ‘‘tanks’’ the fol24 lowing: ‘‘, pole-mounted outdoor luminaires, 

25 high light output double-ended quartz halogen 


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1 lamps, and general purpose mercury vapor 

2 lamps’’. 

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

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

5 6311) is amended by adding at the end the fol6 lowing: 

7 ‘‘(24) AREA LUMINAIRE.—The term ‘area lumi8 naire’ means a luminaire intended for lighting park9 ing lots and general areas that— 

10 ‘‘(A) is designed to mount on a pole using 

11 an arm, pendant, or vertical tenon; 

12 ‘‘(B) has an opaque top or sides, but may 

13 contain a transmissive ornamental element; 

14 ‘‘(C) has an optical aperture that is open 

15 or enclosed with a flat, sag, or drop lens; 

16 ‘‘(D) is mounted in a fixed position with 

17 the optical aperture near horizontal, or tilted 

18 up; and 

19 ‘‘(E) has photometric output measured 

20 using Type C photometry per IESNA LM–75– 

21 01. 

22 ‘‘(25) DECORATIVE POSTTOP LUMINAIRE.—The 

23 term ‘decorative posttop luminaire’ means a lumi24 naire with— 


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1 ‘‘(A) open or transmissive sides that is de2 signed to be mounted directly over a pole using 

3 a vertical tenon or by fitting the luminaire di4 rectly into the pole; and 

5 ‘‘(B) photometric output measured using 

6 Type C photometry per IESNA LM–75–01. 

7 ‘‘(26) DUSK-TO-DAWN LUMINAIRE.—The term 

8 ‘dusk-to-dawn luminaire’ means a fluorescent, induc9 tion, or high intensity discharge luminaire that— 

10 ‘‘(A) is designed to be mounted on a hori11 zontal or horizontally slanted tenon or arm; 

12 ‘‘(B) has an optical assembly that is co13 axial with the axis of symmetry of the light 

14 source; 

15 ‘‘(C) has an optical assembly that is— 

16 ‘‘(i) a reflector or lamp enclosure that 

17 surrounds the light source with an open 

18 lower aperture; or 

19 ‘‘(ii) a refractive optical assembly sur20 rounding the light source with an open or 

21 closed lower aperture; 

22 ‘‘(D) contains a receptacle for a 

23 photocontrol that enables the operation of the 

24 light source and is either coaxial with both the 

25 axis of symmetry of the light source and the opVerDate Nov 24 2008 03:13 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S3059.IS S3059

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1 tical assembly or offset toward the mounting 

2 bracket by less than 3 inches, or contains an in3 tegral photocontrol; and 

4 ‘‘(E) has photometric output measured 

5 using Type C photometry per IESNA LM–75– 

6 01. 

7 ‘‘(27) FLOODLIGHT LUMINAIRE.—The term 

8 ‘floodlight luminaire’ means an outdoor luminaire 

9 designed with a yoke, knuckle, or other mechanism 

10 allowing the luminaire to be aimed 40 degrees or 

11 more with its photometric distributions established 

12 with only Type B photometry in accordance with 

13 IESNA LM–75, revised 2001. 

14 ‘‘(28) GENERAL PURPOSE MERCURY VAPOR

15 LAMP.—The term ‘general purpose mercury vapor 

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

17 section 321) that— 

18 ‘‘(A) has a screw base; 

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

20 applications (as defined in section 321); 

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

22 vapor lamp; and 

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

24 vapor lamp ballast (as defined in section 321) 

25 or is a self- ballasted lamp. 


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1 ‘‘(29) HIGH LIGHT OUTPUT DOUBLE-ENDED

2 QUARTZ HALOGEN LAMP.—The term ‘high light out3 put double-ended quartz halogen lamp’ means a 

4 lamp that— 

5 ‘‘(A) is designed for general outdoor light6 ing purposes; 

7 ‘‘(B) contains a tungsten filament; 

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

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

10 lumens; 

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

12 contact, R7s base; 

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

14 between 4 and 11 inches; 

‘‘(F) has a nominal diameter less than 3 15 ⁄4

16 inch (T6); 

17 ‘‘(G) is designed to be operated at a volt18 age not less than 110 volts and not greater 

19 than 200 volts or is designed to be operated at 

20 a voltage between 235 volts and 300 volts; 

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

22 lamp; and 

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

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

25 500 hours or less. 


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1 ‘‘(30) MEAN RATED LAMP LUMENS.—The term 

2 ‘mean rated lamp lumens’ means the rated lumens 

3 at— 

4 ‘‘(A) 40 percent of rated lamp life for 

5 metal halide, induction, and fluorescent lamps; 

6 or 

7 ‘‘(B) 50 percent of rated lamp life for high 

8 pressure sodium lamps. 

9 ‘‘(31) OUTDOOR LUMINAIRE.—The term ‘out10 door luminaire’ means a luminaire that— 

11 ‘‘(A) is intended for outdoor use and suit12 able for wet locations; and 

13 ‘‘(B) may be shipped with or without a 

14 lamp. 

15 ‘‘(32) POLE-MOUNTED OUTDOOR LUMINAIRE.— 

16 ‘‘(A) IN GENERAL.—The term ‘pole-mount17 ed outdoor luminaire’ means an outdoor lumi18 naire that is designed to be mounted on an out19 door pole and is— 

20 ‘‘(i) an area luminaire; 

21 ‘‘(ii) a roadway and highmast lumi22 naire; 

23 ‘‘(iii) a decorative posttop luminaire; 

24 or 

25 ‘‘(iv) a dusk-to-dawn luminaire. 


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1 ‘‘(B) EXCLUSIONS.—The term ‘pole2 mounted outdoor luminaire’ does not include— 

3 ‘‘(i) a portable luminaire designed for 

4 use at construction sites; 

5 ‘‘(ii) a luminaire designed to be used 

6 in emergency conditions that— 

7 ‘‘(I) incorporates a means of 

8 storing energy and a device to switch 

9 the stored energy supply to emergency 

10 lighting loads automatically on failure 

11 of the normal power supply; and 

12 ‘‘(II) is listed and labeled as 

13 Emergency Lighting Equipment; 

14 ‘‘(iii) a decorative gas lighting system; 

15 ‘‘(iv) a luminaire designed explicitly 

16 for lighting for theatrical purposes, includ17 ing performance, stage, film production, 

18 and video production; 

19 ‘‘(v) a luminaire designed as theme 

20 elements in theme or amusement parks 

21 and that cannot be used in most general 

22 lighting applications; 

23 ‘‘(vi) a luminaire designed explicitly 

24 for hazardous locations meeting the re25 quirements of Underwriters Laboratories 


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1 Standard 844—2006, ‘Luminaires for Use 

2 in Hazardous (Classified) Locations’; 

3 ‘‘(vii) a residential pole-mounted lumi4 naire that is not rated for commercial use 

5 utilizing 1 or more lamps meeting the en6 ergy conservation standards established 

7 under section 325(i) and mounted on a 

8 post or pole not taller than 10.5 feet above 

9 ground and not rated for a power draw of 

10 more than 145 watts; 

11 ‘‘(viii) a floodlight luminaire; 

12 ‘‘(ix) an outdoor luminaire designed 

13 for sports and recreational area use in ac14 cordance with IESNA RP–6 and utilizing 

15 an 875 watt or greater metal halide lamp; 

16 ‘‘(x) a decorative posttop luminaire 

17 designed for using high intensity discharge 

18 lamps with total lamp wattage of 150 or 

19 less, or designed for using other lamp 

20 types with total lamp wattage of 50 watts 

21 or less; 

22 ‘‘(xi) an area luminaire, roadway and 

23 highmast luminaire, or dusk-to-dawn lumi24 naire designed for using high intensity dis25 charge lamps or pin-based compact fluoresVerDate Nov 24 2008 03:13 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S3059.IS S3059

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1 cent lamps with total lamp wattage of 100 

2 or less, or other lamp types with total lamp 

3 wattage of 50 watts or less; and 

4 ‘‘(xii) an area luminaire, roadway and 

5 highmast luminaire, or dusk-to-dawn lumi6 naire with a backlight rating less than 2 

7 and with the maximum of the uplight or 

8 glare rating 3 or less. 

9 ‘‘(33) ROADWAY AND HIGHMAST LUMINAIRE.— 

10 The term ‘roadway and highmast luminaire’ means 

11 a luminaire intended for lighting streets and road12 ways that— 

13 ‘‘(A) is designed to mount on a pole by 

14 clamping onto the exterior of a horizontal or 

15 horizontally slanted, circular cross-section pipe 

16 tenon; 

17 ‘‘(B) has opaque tops or sides; 

18 ‘‘(C) has an optical aperture that is open 

19 or enclosed with a flat, sag or drop lens; 

20 ‘‘(D) is mounted in a fixed position with 

21 the optical aperture near horizontal, or tilted 

22 up; and 

23 ‘‘(E) has photometric output measured 

24 using Type C photometry per IESNA LM–75– 

25 01. 


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1 ‘‘(34) SPECIALTY APPLICATION MERCURY

2 VAPOR LAMP.—The term ‘specialty application mer3 cury vapor lamp’ means a mercury vapor lamp (as 

4 defined in section 321) that is— 

5 ‘‘(A) designed only to operate on a spe6 cialty application mercury vapor lamp ballast 

7 (as defined in section 321); and 

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

9 applications only. 

10 ‘‘(35) TARGET EFFICACY RATING.—The term 

11 ‘target efficacy rating’ means a measure of luminous 

12 efficacy of a luminaire (as defined in NEMA LE–6– 

13 2009). 

14 ‘‘(36) TUBULAR QUARTZ INFRARED HEAT

15 LAMP.—The term ‘tubular quartz infrared heat 

16 lamp’ means a double-ended quartz halogen lamp 

17 that— 

18 ‘‘(A) is marked and marketed as an infra19 red heat lamp; and 

20 ‘‘(B) radiates predominately in the infra21 red radiation range and in which the visible ra22 diation is not of principle interest.’’. 

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

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

25 adding at the end the following: 


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1 ‘‘(g) POLE-MOUNTED OUTDOOR LUMINAIRES.— 

2 ‘‘(1) TARGET EFFICACY RATING, LUMEN MAIN3 TENANCE AND POWER FACTOR REQUIREMENTS.— 

4 ‘‘(A) DEFINITION OF MAXIMUM OF

5 UPLIGHT OR GLARE RATING.—In this para6 graph, the term ‘maximum of uplight or glare 

7 rating’ means, for any specific outdoor lumi8 naire, the higher of the uplight rating or glare 

9 rating of the luminaire. 

10 ‘‘(B) REQUIREMENTS.—Each pole-mount11 ed outdoor luminaire manufactured on or after 

12 the date that is 3 years after the date of enact13 ment of this subsection shall— 

14 ‘‘(i) meet or exceed the target efficacy 

15 ratings in the following table when tested 

16 at full system input watts: 

‘‘Area, Roadway or Highmast luminaires 

Maximum of Uplight or Glare rating 

Backlight Rating 0 or 1 2 or 3 4 or 5 

0 or 1 38 38 38 

2 or 3 38 38 42 

4 or 5 38 42 43 

‘‘Decorative Posttop or Dusk-to-Dawn luminaires 

Maximum of Uplight or Glare rating 

Backlight Rating 0 or 1 2 or 3 4 or 5 

0 or 1 25 25 25

2 or 3 25 25 28

4 or 5 25 28 28; 


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1 ‘‘(ii) use lamps that have a minimum 

2 of 0.6 lumen maintenance, as determined 

3 in accordance with IESNA LM–80 for 

4 Solid State Lighting sources or calculated 

5 as mean rated lamp lumens divided by ini6 tial rated lamp lumens for other light 

7 sources; and 

8 ‘‘(iii) have a power factor equal to or 

9 greater than 0.9 at ballast full power, ex10 cept in the case of pole-mounted outdoor 

11 luminaires designed for using high inten12 sity discharge lamps with a total rated 

13 lamp wattage of 150 watts or less, which 

14 shall have no power factor requirement. 

15 ‘‘(2) CONTROL REQUIREMENTS.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), each area luminaire manu18 factured on or after the date that is 3 years 

19 after the date of enactment of this subsection 

20 shall be sold— 

21 ‘‘(i) with integral controls that shall 

22 have the capability of operating the lumi23 naire at full power and a minimum of 1 re24 duced power level plus off, in which case 


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1 the power reduction shall be at least 30 

2 percent of the rated lamp power; or 

3 ‘‘(ii) with internal electronics and con4 nective wiring or hardware (including wire 

5 leads, pigtails, inserts for wires, pin bases, 

6 or the equivalent) that— 

7 ‘‘(I) collectively enable the area 

8 luminaire, if properly connected to an 

9 appropriate control system, to operate 

10 at full power and a minimum of 1 re11 duced power level plus off, in which 

12 case the reduced power level shall be 

13 at least 30 percent lower than the 

14 rated lamp power in response to sig15 nals sent by controls not integral to 

16 the luminaire as sold, that may be 

17 connected in the field; and 

18 ‘‘(II) have connections from the 

19 components that are easily accessible 

20 in the luminaire housing and have in21 structions applicable to appropriate 

22 control system connections that are 

23 included with the luminaire. 


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1 ‘‘(B) NONAPPLICATION.—The control re2 quirements of this paragraph shall not apply 

3 to— 

4 ‘‘(i) pole-mounted outdoor luminaires 

5 utilizing probe-start metal halide lamps 

6 with rated lamp power greater than 500 

7 watts operating in non-base-up positions; 

8 or 

9 ‘‘(ii) pole-mounted outdoor luminaires 

10 utilizing induction lamps. 

11 ‘‘(C) INTEGRAL PHOTOSENSORS.—Each 

12 pole-mounted outdoor luminaire sold with an in13 tegral photosensor shall use an electronic-type 

14 photocell. 

15 ‘‘(3) RULEMAKING COMMENCING NOT LATER

16 THAN 60 DAYS AFTER THE DATE OF ENACTMENT.— 

17 ‘‘(A) IN GENERAL.—Not later than 60 

18 days after the date of enactment of this sub19 section, the Secretary shall initiate a rule20 making procedure to determine whether the 

21 standards in effect for pole-mounted outdoor 

22 luminaires should be amended. 

23 ‘‘(B) FINAL RULE.— 

24 ‘‘(i) PUBLICATION.—The Secretary 

25 shall publish a final rule containing the 


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1 amendments, if any, not later than Janu2 ary 1, 2013, or the date that is 33 months 

3 after the date of enactment of this sub4 section, whichever is later. 

5 ‘‘(ii) APPLICATION.—Any amend6 ments shall apply to products manufac7 tured on or after January 1, 2016, or the 

8 date that is 3 years after the final rule is 

9 published in the Federal Register, which10 ever is later. 

11 ‘‘(C) REVIEW.— 

12 ‘‘(i) IN GENERAL.—As part of the 

13 rulemaking required under this paragraph, 

14 the Secretary shall review and may amend 

15 the definitions, exclusions, test procedures, 

16 power factor standards, lumen mainte17 nance requirements, labeling requirements, 

18 and additional control requirements, in19 cluding dimming functionality, for all pole20 mounted outdoor luminaires. 

21 ‘‘(ii) FACTORS.—The review of the 

22 Secretary shall include consideration of— 

23 ‘‘(I) obstacles to compliance and 

24 whether compliance is evaded by sub25 stitution of nonregulated luminaires 


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1 for regulated luminaires or allowing 

2 luminaires to comply with the stand3 ards established under this part based 

4 on use of non-standard lamps, as pro5 vided for in section 

6 343(a)(10)(D)(i)(II); 

7 ‘‘(II) statistical data relating to 

8 pole-mounted outdoor luminaires 

9 that— 

10 ‘‘(aa) the Secretary shall re11 quest not later than 120 days 

12 after the date of enactment of 

13 this subsection from all identifi14 able manufacturers of pole15 mounted outdoor luminaires, di16 rectly from manufacturers of 

17 pole-mounted outdoor luminaires 

18 or, in the case of members of the 

19 National Electrical Manufactur20 ers Association, from the Na21 tional Electrical Manufacturers 

22 Association; 

23 ‘‘(bb) is considered nec24 essary for the rulemaking; and 


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1 ‘‘(cc) shall be made publicly 

2 available in a manner that does 

3 not reveal manufacturer identity 

4 or confidential business informa5 tion, in a timely manner for dis6 cussion at any public proceeding 

7 at which comment is solicited 

8 from the public in connection 

9 with the rulemaking, except that 

10 nothing in this subclause restricts 

11 the Secretary from seeking addi12 tional information during the 

13 course of the rulemaking; and 

14 ‘‘(III) phased-in effective dates 

15 for different types of pole-mounted 

16 outdoor luminaires that are submitted 

17 to the Secretary in the manner pro18 vided for in section 325(p)(4), except 

19 that the phased-in effective dates shall 

20 not be subject to subparagraphs (A) 

21 and (B) of this paragraph. 

22 ‘‘(4) RULEMAKING BEFORE FEBRUARY 1, 

23 2015.— 

24 ‘‘(A) IN GENERAL.—Not later than Feb25 ruary 1, 2015, the Secretary shall initiate a 


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1 rulemaking procedure to determine whether the 

2 standards in effect for pole-mounted outdoor 

3 luminaires should be amended. 

4 ‘‘(B) FINAL RULE.— 

5 ‘‘(i) PUBLICATION.—The Secretary 

6 shall publish a final rule containing the 

7 amendments, if any, not later than Janu8 ary 1, 2018. 

9 ‘‘(ii) APPLICATION.—Any amend10 ments shall apply to products manufac11 tured on or after January 1, 2021. 

12 ‘‘(C) REVIEW.— 

13 ‘‘(i) IN GENERAL.—As part of the 

14 rulemaking required under this paragraph, 

15 the Secretary shall review and may amend 

16 the definitions, exclusions, test procedures, 

17 power factor standards, lumen mainte18 nance requirements, labeling requirements, 

19 and additional control requirements, in20 cluding dimming functionality, for all pole21 mounted outdoor luminaires. 

22 ‘‘(ii) FACTORS.—The review of the 

23 Secretary shall include consideration of— 

24 ‘‘(I) obstacles to compliance and 

25 whether compliance is evaded by subVerDate Nov 24 2008 03:13 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S3059.IS S3059

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1 stitution of nonregulated luminaires 

2 for regulated luminaires or allowing 

3 luminaires to comply with the stand4 ards established under this part based 

5 on use of nonstandard lamps, as pro6 vided for in section 

7 343(a)(10)(D)(i)(II); 

8 ‘‘(II) statistical data relating to 

9 pole-mounted outdoor luminaires 

10 that— 

11 ‘‘(aa) the Secretary con12 siders necessary for the rule13 making and requests not later 

14 than June 1, 2015, from all iden15 tifiable manufacturers of pole16 mounted outdoor luminaires, di17 rectly from manufacturers of 

18 pole-mounted outdoor luminaires 

19 and, in the case of members of 

20 the National Electrical Manufac21 turers Association, from the Na22 tional Electrical Manufacturers 

23 Association; and 

24 ‘‘(bb) shall be made publicly 

25 available in a manner that does 


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1 not reveal manufacturer identity 

2 or confidential business informa3 tion, in a timely manner for dis4 cussion at any public proceeding 

5 at which comment is solicited 

6 from the public in connection 

7 with the rulemaking, except that 

8 nothing in this subclause restricts 

9 the Secretary from seeking addi10 tional information during the 

11 course of the rulemaking; and 

12 ‘‘(III) phased-in effective dates 

13 for different types of pole-mounted 

14 outdoor luminaires that are submitted 

15 to the Secretary in the manner pro16 vided for in section 325(p)(4), except 

17 that the phased-in effective dates shall 

18 not be subject to subparagraphs (A) 

19 and (B) of this paragraph. 

20 ‘‘(h) HIGH LIGHT OUTPUT DOUBLE-ENDED QUARTZ

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

22 quartz halogen lamp manufactured on or after January 

23 1, 2016, shall have a minimum efficiency of— 


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

2 initial lumen value greater than 6,000 and a max3 imum initial lumen value of 15,000; and 

4 ‘‘(2) 34 LPW for lamps with a rated initial 

5 lumen value greater than 15,000 and less than 

6 40,000. 

7 ‘‘(i) GENERAL PURPOSE MERCURY VAPOR LAMPS.— 

8 A general purpose mercury vapor lamp shall not be manu9 factured on or after January 1, 2016.’’. 

10 (c) TEST METHODS.—Section 343(a) of the Energy 

11 Policy and Conservation Act (42 U.S.C. 6314(a)) is 

12 amended by adding at the end the following: 

13 ‘‘(10) POLE-MOUNTED OUTDOOR

14 LUMINAIRES.— 

15 ‘‘(A) IN GENERAL.—With respect to pole16 mounted outdoor luminaires to which standards 

17 are applicable under section 342, the test meth18 ods shall be those described in this paragraph. 

19 ‘‘(B) PHOTOMETRIC TEST METHODS.—For 

20 photometric test methods, the methods shall be 

21 those specified in— 

22 ‘‘(i) IES LM–10–96—Approved 

23 Method for Photometric Testing of Out24 door Fluorescent Luminaires; 


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1 ‘‘(ii) IES LM–31–95—Photometric 

2 Testing of Roadway Luminaires Using In3 candescent Filament and High Intensity 

4 Discharge Lamps; 

5 ‘‘(iii) IES LM–79–08—Electrical and 

6 Photometric Measurements of Solid-State 

7 Lighting Products; 

8 ‘‘(iv) IES LM–80–08—Measuring 

9 Lumen Maintenance of LED Light 

10 Sources; 

11 ‘‘(v) IES LM–40–01—Life testing of 

12 Fluorescent Lamps; 

13 ‘‘(vi) IES LM–47–01—Life testing of 

14 High Intensity Discharge (HID) Lamps; 

15 ‘‘(vii) IES LM–49–01—Life testing of 

16 Incandescent Filament Lamps; 

17 ‘‘(viii) IES LM–60–01—Life testing 

18 of Low Pressure Sodium Lamps; and 

19 ‘‘(ix) IES LM–65–01—Life testing of 

20 Compact Fluorescent Lamps. 

21 ‘‘(C) OUTDOOR BACKLIGHT, UPLIGHT, AND

22 GLARE RATINGS.—For determining outdoor 

23 backlight, uplight, and glare ratings, the classi24 fications shall be those specified in IES TM– 


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1 15–07—Luminaire Classification System for 

2 Outdoor Luminaires with Addendum A. 

3 ‘‘(D) TARGET EFFICACY RATING.—For de4 termining the target efficacy rating, the proce5 dures shall be those specified in NEMA LE–6– 

6 2009—‘Procedure for Determining Target Effi7 cacy Ratings (TER) for Commercial, Industrial 

8 and Residential Luminaires,’ and all of the fol9 lowing additional criteria (as applicable): 

10 ‘‘(i) The target efficacy rating shall be 

11 calculated based on the initial rated lamp 

12 lumen and rated watt value equivalent to 

13 the lamp with which the luminaire is 

14 shipped, or, if not shipped with a lamp, the 

15 target efficacy rating shall be calculated 

16 based on— 

17 ‘‘(I) the applicable standard lamp 

18 as established by subparagraph (E); 

19 or 

20 ‘‘(II) a lamp that has a rated 

21 wattage and rated initial lamp lumens 

22 that are the same as the maximum 

23 lamp watts and minimum lamp 

24 lumens labeled on the luminaire, in 

25 accordance with section 344(f). 


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1 ‘‘(ii) If the luminaire is designed to 

2 operate at more than 1 nominal input volt3 age, the ballast input watts used in the 

4 target efficacy rating calculation shall be 

5 the highest value for any nominal input 

6 voltage for which the ballast is designed to 

7 operate. 

8 ‘‘(iii) If the luminaire is a pole-mount9 ed outdoor luminaire that contains a bal10 last that is labeled to operate lamps of 

11 more than 1 wattage, the luminaire shall— 

12 ‘‘(I) meet or exceed the target ef13 ficacy rating in the table in section 

14 342(g)(1)(A) calculated in accordance 

15 with clause (i) for all lamp wattages 

16 that the ballast is labeled to operate; 

17 ‘‘(II) be constructed such that 

18 the luminaire is only capable of ac19 cepting lamp wattages that produce 

20 target efficacy ratings that meet or 

21 exceed the values in the table in sec22 tion 342(g)(1)(A) calculated in ac23 cordance with clause (i); or 

24 ‘‘(III) be rated and prominently 

25 labeled for a maximum lamp wattage 


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1 that results in the luminaire meeting 

2 or exceeding the target efficacy rating 

3 in the table in section 342(g)(1)(A) 

4 when calculated and labeled in accord5 ance with clause (i). 

6 ‘‘(iv) If the luminaire is a pole-mount7 ed outdoor luminaire that is constructed 

8 such that the luminaire will only accept an 

9 ANSI Type–O lamp, the luminaire shall 

10 meet or exceed the target efficacy rating in 

11 the table in section 342(g)(1)(A) when 

12 tested with an ANSI Type–O lamp. 

13 ‘‘(v) If the luminaire is a pole-mount14 ed outdoor luminaire that is marketed to 

15 use a coated lamp, the luminaire shall 

16 meet or exceed the target efficacy rating in 

17 the table in section 342(g)(1)(A) when 

18 tested with a coated lamp. 

19 ‘‘(vi) If the luminaire is a solid state 

20 lighting pole-mounted outdoor luminaire, 

21 the luminaire shall have its target efficacy 

22 rating calculated based on the combination 

23 of absolute luminaire lumen values and 

24 input wattages that results in the lowest 

25 possible target efficacy rating for any light 


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1 source, including ranges of correlated color 

2 temperature and color rendering index val3 ues, for which the luminaire is marketed 

4 by the luminaire manufacturer. 

5 ‘‘(vii) If the luminaire is a high inten6 sity discharge pole-mounted outdoor lumi7 naire using a ballast that has a ballast fac8 tor different than 1, the target efficacy 

9 rating of the luminaire shall be calculated 

10 by using the input watts needed to operate 

11 the lamp at full rated power, or by using 

12 the actual ballast factor of the ballast. 

13 ‘‘(E) TABLE OF STANDARD LAMP TYPES.— 

14 ‘‘(i) IN GENERAL.—The National 

15 Electrical Manufacturers Association shall 

16 develop and publish not later than 1 year 

17 after the date of enactment of this para18 graph and thereafter maintain and regu19 larly update on a publicly available website 

20 a table including standard lamp types by 

21 wattage, ANSI code, initial lamp lumen 

22 value, lamp orientation, and lamp finish. 

23 ‘‘(ii) INITIAL LAMP LUMEN VALUES.— 

24 The initial lamp lumen values shall— 


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1 ‘‘(I) be determined according to a 

2 uniform rating method and tested ac3 cording to accepted industry practice 

4 for each lamp that is considered for 

5 inclusion in the table; and 

6 ‘‘(II) in each case contained in 

7 the table, be the lowest known initial 

8 lamp lumen value that approximates 

9 typical performance in representative 

10 general outdoor lighting applications. 

11 ‘‘(iii) ACTIONS.—On completion of the 

12 table required by this subparagraph and 

13 any updates to the table— 

14 ‘‘(I) the National Electrical Man15 ufacturers Association shall submit 

16 the table and any updates to the Sec17 retary; and 

18 ‘‘(II) the Secretary shall— 

19 ‘‘(aa) publish the table and 

20 any comments that are included 

21 with the table in the Federal 

22 Register; 

23 ‘‘(bb) solicit public comment 

24 on the table; and 


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1 ‘‘(cc) not later than 180 

2 days after date of receipt of the 

3 table, after considering the fac4 tors described in clause (iv), 

5 adopt the table for purposes of 

6 this part. 

7 ‘‘(iv) REBUTTABLE PRESUMPTION.— 

8 ‘‘(I) IN GENERAL.—There shall 

9 be a rebuttable presumption that the 

10 table and any updates to the table 

11 transmitted by the National Electrical 

12 Manufacturers Association to the Sec13 retary meets the requirements of this 

14 subparagraph, which may be rebutted 

15 only if the Secretary finds by clear 

16 and substantial evidence that— 

17 ‘‘(aa) data have been in18 cluded that were not the result of 

19 having applied applicable indus20 try standards; or 

21 ‘‘(bb) lamps have been in22 cluded in the table that are not 

23 representative of general outdoor 

24 lighting applications. 


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1 ‘‘(II) CONFORMING CHANGES.— 

2 If subclause (I) applies, the National 

3 Electrical Manufacturers Association 

4 shall conform the published table of 

5 the Association to the table adopted 

6 by the Secretary. 

7 ‘‘(v) NONTRANSMISSION OF TABLE.— 

8 If the National Electrical Manufacturers 

9 Association has not submitted the table to 

10 the Secretary within 1 year after the date 

11 of enactment of this paragraph, the Sec12 retary shall develop, publish, and adopt the 

13 table not later than 18 months after the 

14 date of enactment of this paragraph and 

15 update the table regularly. 

16 ‘‘(F) AMENDMENT OF TEST METHODS.— 

17 The Secretary may, by rule, adopt new or addi18 tional test methods for pole-mounted outdoor 

19 luminaires in accordance with this section.’’. 

20 (d) LABELING.—Section 344 of the Energy Policy 

21 and Conservation Act (42 U.S.C. 6315) is amended— 

22 (1) in subsections (d) and (e), by striking ‘‘(h)’’ 

23 each place it appears and inserting ‘‘(i)’’; 

24 (2) by redesignating subsections (f) through (k) 

25 as subsections (g) through (l), respectively; and 


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1 (3) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) LABELING RULES FOR POLE-MOUNTED OUT4 DOOR LUMINAIRES.— 

5 ‘‘(1) IN GENERAL.—Subject to subsection (i), 

6 not later than 1 year after the date of enactment of 

7 this paragraph, the Secretary shall establish labeling 

8 rules under this part for pole-mounted outdoor 

9 luminaires manufactured on or after the date on 

10 which standards established under section 342(g) 

11 take effect. 

12 ‘‘(2) RULES.—The rules shall require— 

13 ‘‘(A) for pole-mounted outdoor luminaires, 

14 that the luminaire, be marked with a capital 

15 letter ‘P’ printed within a circle in a con16 spicuous location on both the pole-mounted lu17 minaire and its packaging to indicate that the 

18 pole-mounted outdoor luminaire conforms to the 

19 energy conservation standards established in 

20 section 342(g); and 

21 ‘‘(B) for pole-mounted outdoor luminaires 

22 that do not contain a lamp in the same ship23 ment with the luminaire and are tested with a 

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1 lished under section 343(a)(10)(E), that the lu2 minaire— 

3 ‘‘(i) be labeled to identify the min4 imum rated initial lamp lumens and max5 imum rated lamp watts required to con6 form to the energy conservation standards 

7 established in section 342(g); and 

8 ‘‘(ii) bear a statement on the label 

9 that states: ‘Product violates Federal law 

10 when installed with a standard lamp. Use 

11 only a lamp that meets the minimum 

12 lumens and maximum watts provided on 

13 this label.’.’’. 

14 (e) PREEMPTION.—Section 345 of the Energy Policy 

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

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

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

18 provided in this section, the’’; and 

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

20 ‘‘(i) POLE-MOUNTED OUTDOOR LUMINAIRES AND

21 HIGH LIGHT OUTPUT DOUBLE-ENDED QUARTZ HALO22 GEN LAMPS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), section 327 shall apply to pole-mounted 

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1 ended quartz halogen lamps to the same extent and 

2 in the same manner as the section applies under 

3 part B. 

4 ‘‘(2) STATE ENERGY CONSERVATION STAND5 ARDS.—Any State energy conservation standard that 

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

7 to a statutory requirement to adopt efficiency stand8 ard for reducing outdoor lighting energy use enacted 

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

10 SEC. 7. ENERGY EFFICIENCY PROVISIONS. 

11 (a) DIRECT FINAL RULE.—Section 323(b)(1) of the 

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

13 6293(b)(1)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(B) TEST PROCEDURES.—The Secretary 

16 may, in accordance with the requirements of 

17 this subsection, prescribe test procedures for 

18 any consumer product classified as a covered 

19 product under section 322(b). 

20 ‘‘(C) NEW OR AMENDED TEST PROCE21 DURES.—The Secretary shall direct the Na22 tional Bureau of Standards to assist in devel23 oping new or amended test procedures. 

24 ‘‘(D) DIRECT FINAL RULE.—The Secretary 

25 may adopt a consensus test procedure in acVerDate Nov 24 2008 03:13 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3059.IS S3059

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1 cordance with the direct final rule procedure es2 tablished under section 325(p)(4).’’. 

3 (b) CRITERIA FOR PRESCRIBING NEW OR AMENDED

4 STANDARDS.—Section 325(o) of the Energy Policy and 

5 Conservation Act (42 U.S.C. 6295(o)) is amended— 

6 (1) in paragraph (2)(B)— 

7 (A) in clause (i)— 

8 (i) in subclause (III), by adding before 

9 the semicolon ‘‘and the estimated impact 

10 on average energy prices’’; 

11 (ii) in subclause (VI), by striking ‘‘; 

12 and’’ and inserting a semicolon; 

13 (iii) by redesignating subclause (VII) 

14 as subclause (VIII); and 

15 (iv) by inserting after subclause (VI) 

16 the following: 

17 ‘‘(VII) the net energy, environ18 mental, and economic impacts due to 

19 smart grid technologies or capabilities 

20 in a covered product that enable de21 mand response or response to time-de22 pendent energy pricing, taking into 

23 consideration the rate of use of the 

24 smart grid technologies or capabilities 

25 over the life of the product that is 


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1 likely to result from the imposition of 

2 the standard; and’’; and 

3 (B) in clause (iii)— 

4 (i) by striking ‘‘(iii) If the Secretary 

5 finds’’ and inserting the following: 

6 ‘‘(iii) REBUTTABLE PRESUMPTION.— 

7 ‘‘(I) IN GENERAL.—Subject to 

8 subclause (II), if the Secretary finds’’; 

9 (ii) in subclause (I) (as designated by 

10 clause (i)), by striking ‘‘three’’ and insert11 ing ‘‘4’’; and 

12 (iii) by striking the second sentence 

13 and inserting the following: 

14 ‘‘(II) MULTIPLIER FOR CERTAIN

15 PRODUCTS.—For any product with an 

16 average expected useful life of less 

17 than 4 years, the rebuttable presump18 tion described in subclause (I) shall be 

19 determined using 75 percent of the 

20 average expected useful life of the 

21 product as a multiplier instead of 4. 

22 ‘‘(III) REQUIREMENT FOR RE23 BUTTAL OF PRESUMPTION.—A pre24 sumption described in subclause (I) 

25 may be rebutted only if the Secretary 


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1 finds, based on clear and substantial 

2 evidence, that— 

3 ‘‘(aa) the standard level 

4 would cause substantial hardship 

5 to the average consumer of the 

6 product, or to manufacturers 

7 supplying a significant portion of 

8 the market for the product, in 

9 terms of manufacturing or prod10 uct cost or loss of product utility 

11 or features, the aggregate of 

12 which outweighs the benefits of 

13 the standard level; 

14 ‘‘(bb) the standard and im15 plementing regulations cannot 

16 reasonably be designed to avoid 

17 or mitigate any hardship de18 scribed in item (aa) (including 

19 through the adoption of regional 

20 standards for the products identi21 fied in, and consistent with, para22 graph (6) or other reasonable 

23 means consistent with this part) 

24 and the hardship cannot be 

25 avoided or mitigated through the 


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1 procedures described in section 

2 504 of the Department of Energy 

3 Organization Act (42 U.S.C. 

4 7194); and 

5 ‘‘(cc) the same or a substan6 tially similar hardship with re7 spect to a hardship described in 

8 item (aa) would not occur under 

9 a standard adopted in the ab10 sence of the presumption, but 

11 that otherwise meets the require12 ments of this section. 

13 ‘‘(IV) PROHIBITED FACTORS FOR

14 DETERMINATION.— 

15 ‘‘(aa) IN GENERAL.—Except 

16 as provided in item (bb), a deter17 mination by the Secretary that 

18 the criteria triggering a presump19 tion described in subclause (I) 

20 are not met, or that the criterion 

21 for rebutting the presumption are 

22 met, shall not be taken into con23 sideration by the Secretary in de24 termining whether a standard is 

25 economically justified. 


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1 ‘‘(bb) EXCEPTION.—Evi2 dence presented regarding the 

3 presumption may be considered 

4 by the Secretary in making a de5 termination described in item 

6 (aa).’’; and 

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

8 ‘‘(7) INCORPORATION OF SMART GRID TECH9 NOLOGIES.—The Secretary may incorporate smart 

10 grid technologies or capabilities into standards under 

11 this section, including through— 

12 ‘‘(A) standards for covered products that 

13 require specific technologies or capabilities; 

14 ‘‘(B) standards that provide credit for 

15 smart grid technologies or capabilities, to the 

16 extent the smart grid technologies or capabili17 ties provide net benefits substantially equivalent 

18 to benefits of products that meet the standards 

19 without smart grid technologies or capabilities, 

20 taking into consideration energy, economic, and 

21 environmental impacts (including emissions re22 ductions from electrical generation); and 

23 ‘‘(C) multiple performance standards or 

24 design requirements to achieve— 

25 ‘‘(i) the goals of— 


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1 ‘‘(I) reducing overall energy use; 

2 and 

3 ‘‘(II) reducing peak demand; or 

4 ‘‘(ii) other smart grid goals.’’. 

5 (c) OBTAINMENT OF APPLIANCE INFORMATION

6 FROM MANUFACTURERS.—Section 326 of the Energy Pol7 icy and Conservation Act (42 U.S.C. 6296) is amended 

8 by striking subsection (d) and inserting the following: 

9 ‘‘(d) INFORMATION REQUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—For purposes of carrying 

11 out this part, the Secretary shall promulgate pro12 posed regulations not later than 1 year after the 

13 date of enactment of the National Energy Efficiency 

14 Enhancement Act of 2010, and after receiving public 

15 comment, final regulations not later than 18 months 

16 after the date of enactment of that Act, under this 

17 part or other provision of law administered by the 

18 Secretary, that shall require each manufacturer of a 

19 covered product, on a product specific basis, to sub20 mit information or reports to the Secretary— 

21 ‘‘(A) in such form as the Secretary may 

22 adopt; and 

23 ‘‘(B) on— 

24 ‘‘(i) an annual basis; or 


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1 ‘‘(ii) any other regular basis that is 

2 not less frequent than once every 3 years. 

3 ‘‘(2) FORM AND CONTENT OF REPORTS.—The 

4 form and content of each report required by a man5 ufacturer of a covered product under paragraph 

6 (1)— 

7 ‘‘(A) may vary by product type, as deter8 mined by the Secretary; and 

9 ‘‘(B) shall include information or data re10 garding— 

11 ‘‘(i) the compliance by the manufac12 turer with respect to each requirement ap13 plicable pursuant to this part; 

14 ‘‘(ii) the annual shipments by the 

15 manufacturer of each class or category of 

16 covered products, subdivided, to the extent 

17 practicable, by— 

18 ‘‘(I) energy efficiency, energy 

19 use, and, if applicable, water use; 

20 ‘‘(II) the presence or absence of 

21 such efficiency related or energy con22 suming operational characteristics or 

23 components as the Secretary deter24 mines to be relevant for the purposes 

25 of carrying out this part; and 


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1 ‘‘(III) the State or regional loca2 tion of sale for covered products for 

3 which the Secretary may adopt re4 gional standards; and 

5 ‘‘(iii) such other categories of infor6 mation that the Secretary determines to be 

7 relevant to carry out this part, including 

8 such other information that may be nec9 essary— 

10 ‘‘(I) to establish and revise— 

11 ‘‘(aa) test procedures; 

12 ‘‘(bb) labeling rules; and 

13 ‘‘(cc) energy conservation 

14 standards; 

15 ‘‘(II) to ensure compliance with 

16 the requirements of this part; and 

17 ‘‘(III) to estimate the impacts on 

18 consumers and manufacturers of en19 ergy conservation standards in effect 

20 as of the reporting date. 

21 ‘‘(3) REQUIREMENTS OF SECRETARY IN PRO22 MULGATING REGULATIONS.—In promulgating regu23 lations under paragraph (1), the Secretary shall con24 sider— 


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1 ‘‘(A) existing public sources of information, 

2 including nationally recognized certification or 

3 verification programs of trade associations; and 

4 ‘‘(B)(i) whether some or all of the informa5 tion described in paragraph (2) is submitted to 

6 another Federal agency; and 

7 ‘‘(ii) the means by which to minimize any 

8 duplication of requests for information by Fed9 eral agencies. 

10 ‘‘(4) MINIMIZATION OF BURDENS ON MANUFAC11 TURERS.—In carrying out this subsection, the Sec12 retary shall exercise the authority of the Secretary 

13 under this subsection in a manner designed to mini14 mize burdens on the manufacturers of covered prod15 ucts. 

16 ‘‘(5) REPORTING OF ENERGY INFORMATION.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), section 11(d) of the Energy Supply 

19 and Environmental Coordination Act of 1974 

20 (15 U.S.C. 796(d)) shall apply with respect to 

21 information obtained under this subsection to 

22 the same extent and in the same manner as 

23 section 11(d) of that Act applies with respect to 

24 energy information obtained under section 11 of 

25 that Act. 


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1 ‘‘(B) ADMINISTRATION.—Subparagraph 

2 (A) shall apply to the extent that subparagraph 

3 (A) does not conflict with the duties of the Sec4 retary in carrying out this part. 

5 ‘‘(6) COORDINATION WITH STATE AGENCIES.— 

6 In adopting reporting requirements under paragraph 

7 (1), the Secretary shall, to the extent practicable, co8 ordinate with State agencies that conduct similar 

9 data gathering initiatives— 

10 ‘‘(A) to ensure the uniformity of the re11 quirements; and 

12 ‘‘(B) to mitigate reporting burdens. 

13 ‘‘(7) PERIODIC REVISIONS.—In accordance with 

14 each procedure and criteria required under para15 graph (1), the Secretary may periodically revise the 

16 reporting requirements adopted under paragraph 

17 (1).’’. 

18 (d) WAIVER OF FEDERAL PREEMPTION.—Section 

19 327(d)(1) of the Energy Policy and Conservation Act (42 

20 U.S.C. 6297(d)(1)) is amended— 

21 (1) in subparagraph (B)— 

22 (A) by inserting ‘‘(i)’’ before ‘‘Subject to 

23 paragraphs’’; and 

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


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1 ‘‘(ii) In making a finding under clause (i), the Sec2 retary may not reject a petition for failure of the peti3 tioning State or river basin commission to produce con4 fidential information maintained by any manufacturer or 

5 distributor, or group or association of manufacturers or 

6 distributors, that the petitioning party has requested and 

7 not received.’’; and 

8 (2) in the matter following subparagraph 

9 (C)(ii), by adding at the end the following: ‘‘Not10 withstanding the preceding sentence, the Secretary 

11 may approve a waiver petition submitted by a State 

12 that does not have an energy plan and forecast if 

13 the waiver petition concerns a State regulation 

14 adopted pursuant to a notice and comment rule15 making proceeding.’’. 

16 (e) PERMITTING STATES TO SEEK INJUNCTIVE EN17 FORCEMENT.—Section 334 of the Energy Policy and Con18 servation Act (42 U.S.C. 6304) is amended to read as fol19 lows: 

20 ‘‘SEC. 334. PERMITTING STATES TO SEEK INJUNCTIVE EN21 FORCEMENT. 

22 ‘‘(a) JURISDICTION.—The United States district 

23 courts shall have original jurisdiction of a civil action seek24 ing an injunction to restrain— 

25 ‘‘(1) any violation of section 332; and 


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1 ‘‘(2) any person from distributing in commerce 

2 any covered product that does not comply with an 

3 applicable rule under section 324 or 325. 

4 ‘‘(b) AUTHORITY.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), an action under subsection (a) shall be 

7 brought by— 

8 ‘‘(A) the Commission; or 

9 ‘‘(B) the attorney general of a State in the 

10 name of the State. 

11 ‘‘(2) EXCEPTIONS.— 

12 ‘‘(A) IN GENERAL.—Notwithstanding para13 graph (1), only the Secretary may bring an ac14 tion under this section to restrain— 

15 ‘‘(i) a violation of section 332(a)(3) 

16 relating to a requirement prescribed by the 

17 Secretary; or 

18 ‘‘(ii) a violation of section 332(a)(4) 

19 relating to a request by the Secretary 

20 under section 326(b)(2). 

21 ‘‘(B) OTHER PROHIBITED ACTS.—An ac22 tion under this section regarding a violation of 

23 paragraph (5) or (7) of section 332(a) shall be 

24 brought by— 

25 ‘‘(i) the Secretary; or 


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1 ‘‘(ii) the attorney general of a State in 

2 the name of the State. 

3 ‘‘(c) LIMITATION.—If an action under this section is 

4 brought by the attorney general of a State— 

5 ‘‘(1) not less than 30 days before the date of 

6 commencement of the action, the State shall— 

7 ‘‘(A) provide written notice to the Sec8 retary and the Commission; and 

9 ‘‘(B) provide the Secretary and the Com10 mission with a copy of the complaint; 

11 ‘‘(2) the Secretary and the Commission— 

12 ‘‘(A) may intervene in the suit or action; 

13 ‘‘(B) upon intervening, shall be heard on 

14 all matters arising from the suit or action; and 

15 ‘‘(C) may file petitions for appeal; 

16 ‘‘(3) no separate action may be brought under 

17 this section if, at the time written notice is provided 

18 under paragraph (1), the same alleged violation or 

19 failure to comply is the subject of a pending action, 

20 or a final judicial judgment or decree, by the United 

21 States under this Act; and 

22 ‘‘(4) the action shall not be construed— 

23 ‘‘(A) as to prevent the attorney general of 

24 a State, or other authorized officer of the State, 

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1 torney general, or other authorized officer of 

2 the State, by the laws of the State (including 

3 regulations); or 

4 ‘‘(B) as to prohibit the attorney general of 

5 a State, or other authorized officer of the State, 

6 from proceeding in a Federal or State court on 

7 the basis of an alleged violation of any civil or 

8 criminal statute of the State. 

9 ‘‘(d) VENUE; SERVICE OF PROCESS.— 

10 ‘‘(1) VENUE.—An action under this section 

11 may be brought in the United States district court 

12 for— 

13 ‘‘(A) the district in which the act, omis14 sion, or transaction constituting the applicable 

15 violation occurred; or 

16 ‘‘(B) the district in which the defendant— 

17 ‘‘(i) resides; or 

18 ‘‘(ii) transacts business. 

19 ‘‘(2) SERVICE OF PROCESS.—In an action 

20 under this section, process may be served on a de21 fendant in any district in which the defendant re22 sides or is otherwise located.’’. 

23 (f) TREATMENT OF APPLIANCES WITHIN BUILDING

24 CODES.—Section 327 of the Energy Policy and ConservaVerDate Nov 24 2008 03:13 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S3059.IS S3059

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1 tion Act (42 U.S.C. 6297) is amended by adding at the 

2 end the following: 

3 ‘‘(h) RECOGNITION OF ALTERNATIVE REFRIGERANT

4 USES.—With respect to State or local laws (including reg5 ulations) prohibiting, limiting, or restricting the use of al6 ternative refrigerants for specific end uses approved by the 

7 Administrator of the Environmental Protection Agency 

8 pursuant to the Significant New Alternatives Program 

9 under section 612 of the Clean Air Act (42 U.S.C. 7671k) 

10 for use in a covered product under section 322(a)(1) con11 sidered on or after the date of enactment of this sub12 section, notice shall be provided to the Administrator be13 fore or during any State or local public comment period 

14 to provide to the Administrator an opportunity to com15 ment.’’. 

16 (g) TECHNICAL AMENDMENT.—Section 332(a) of the 

17 Energy Policy and Conservation Act (42 U.S.C. 6302(a)) 

18 is amended by redesignating the second paragraph (6) as 

19 paragraph (7). 

Æ 


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