II 

111TH CONGRESS 

2D SESSION S. 3054 

To amend the Energy Policy and Conservation Act to establish efficiency 

standards for bottle-type water dispensers, commercial hot food holding 

cabinets, and portable electric spas. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2010 

Mr. MENENDEZ 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 establish efficiency standards for bottle-type water dispensers, 

commercial hot food holding cabinets, and portable electric spas. 

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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•S 3054 IS

1 SECTION 1. EFFICIENCY STANDARDS FOR BOTTLE-TYPE 

2 WATER DISPENSERS, COMMERCIAL HOT 

3 FOOD HOLDING CABINETS, AND PORTABLE 

4 ELECTRIC SPAS. 

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

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

7 adding at the end the following: 

8 ‘‘(67) BOTTLE-TYPE WATER DISPENSER.—The 

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

10 water dispenser that is— 

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

12 water; and 

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

14 as the source of potable water. 

15 ‘‘(68) COMMERCIAL HOT FOOD HOLDING CABI16 NET.— 

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

18 hot food holding cabinet’ means a heated, fully19 enclosed compartment that— 

20 ‘‘(i) is designed to maintain the tem21 perature of hot food that has been cooked 

22 in a separate appliance; 

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

24 doors; and 

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

26 cubic feet or more. 


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•S 3054 IS

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

2 hot food holding cabinet’ does not include— 

3 ‘‘(i) a heated glass merchandising cab4 inet; 

5 ‘‘(ii) a drawer warmer; or 

6 ‘‘(iii) a cook-and-hold appliance. 

7 ‘‘(69) COMPARTMENT BOTTLE-TYPE WATER

8 DISPENSER.—The term ‘compartment bottle-type 

9 water dispenser’ means a drinking water dispenser 

10 that— 

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

12 cold water; 

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

14 as the source of potable water; and 

15 ‘‘(C) includes a refrigerated compartment 

16 with or without provisions for making ice. 

17 ‘‘(70) PORTABLE ELECTRIC SPA.— 

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

19 electric spa’ means a factory-built electric spa 

20 or hot tub that— 

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

22 persons in heated water circulated in a 

23 closed system; and 

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

25 filled with each use. 


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•S 3054 IS

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

2 electric spa’ includes— 

3 ‘‘(i) a filter; 

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

5 solar, or gas heater); 

6 ‘‘(iii) a pump; 

7 ‘‘(iv) a control; and 

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

9 a blower, and water sanitizing equipment. 

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

11 electric spa’ does not include— 

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

13 once installed, cannot be moved; or 

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

15 and exclusively marketed for medical treat16 ment or physical therapy purposes. 

17 ‘‘(71) WATER DISPENSER.—The term ‘water 

18 dispenser’ means a factory-made assembly that— 

19 ‘‘(A) mechanically cools and heats potable 

20 water; and 

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

22 by integral or remote means.’’. 

23 (b) COVERAGE.—Section 322(a) of the Energy Policy 

24 and Conservation Act (42 U.S.C. 6292(a)) is amended— 


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1 (1) by redesignating paragraph (20) as para2 graph (23); and 

3 (2) by inserting after paragraph (19) the fol4 lowing: 

5 ‘‘(20) Bottle-type water dispensers and com6 partment bottle-type water dispensers. 

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

8 ‘‘(22) Portable electric spas.’’. 

9 (c) TEST PROCEDURES.—Section 323(b) of the En10 ergy Policy and Conservation Act (42 U.S.C. 6293(b)) is 

11 amended by adding at the end the following: 

12 ‘‘(19) BOTTLE-TYPE WATER DISPENSERS.— 

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

14 bottle-type water dispensers and compartment 

15 bottle-type water dispensers shall be based on 

16 the document ‘Energy Star Program Require17 ments for Bottled Water Coolers version 1.1’ 

18 published by the Environmental Protection 

19 Agency. 

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

21 unit with an integral, automatic timer shall not 

22 be tested under this paragraph using section 

23 4D of the test criteria (relating to Timer 

24 Usage). 


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1 ‘‘(20) COMMERCIAL HOT FOOD HOLDING CABI2 NETS.— 

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

4 commercial hot food holding cabinets shall be 

5 based on the test procedures described in 

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

7 rate-dry test). 

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

9 shall be based under this paragraph on the 

10 method demonstrated in the document ‘Energy 

11 Star Program Requirements for Commercial 

12 Hot Food Holding Cabinets’ of the Environ13 mental Protection Agency, as in effect on Au14 gust 15, 2003. 

15 ‘‘(21) PORTABLE ELECTRIC SPAS.— 

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

17 portable electric spas shall be based on the test 

18 method for portable electric spas described in 

19 section 1604 of title 20, California Code of 

20 Regulations, as amended on December 3, 2008. 

21 ‘‘(B) NORMALIZED CONSUMPTION.—Con22 sumption shall be normalized under this para23 graph for a water temperature difference of 37 

24 degrees Fahrenheit. 


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1 ‘‘(C) ANSI TEST PROCEDURE.—If the 

2 American National Standards Institute pub3 lishes a test procedure for portable electric 

4 spas, the Secretary shall revise the procedure 

5 established under this paragraph, as determined 

6 appropriate by the Secretary.’’. 

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

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

9 (1) by redesignating subsection (ii) as sub10 section (mm); and 

11 (2) by inserting after subsection (hh) the fol12 lowing: 

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

14 beginning January 1, 2012— 

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

16 have standby energy consumption that is greater 

17 than 1.2 kilowatt-hours per day; and 

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

19 shall not have standby energy consumption that is 

20 greater than 1.3 kilowatt-hours per day. 

21 ‘‘(jj) COMMERCIAL HOT FOOD HOLDING CABI22 NETS.—Effective beginning January 1, 2012, a commer23 cial hot food holding cabinet shall have a maximum idle 

24 energy rate of 40 watts per cubic foot of interior volume. 


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1 ‘‘(kk) PORTABLE ELECTRIC SPAS.—Effective begin2 ning January 1, 2012, a portable electric spa shall not 

3 have a normalized standby power rate of greater than 5 

(V2 4 ⁄3) Watts (in which ‘V’ equals the fill volume (in gal5 lons)). 

6 ‘‘(ll) REVISIONS.— 

7 ‘‘(1) IN GENERAL.—Not later than January 1, 

8 2013, the Secretary shall— 

9 ‘‘(A) consider in accordance with sub10 section (o) revisions to the standards estab11 lished under subsections (ii), (jj), and (kk); and 

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

13 revised standards; or 

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

15 technically feasible and economically justified. 

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

17 under this subsection take effect on January 1, 

18 2016.’’. 

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

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

21 (1) in subsection (b)— 

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

23 after the semicolon at the end; 

24 (B) in paragraph (7), by striking the pe25 riod at the end and inserting ‘‘; or’’; and 


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

2 ‘‘(8) is a regulation that— 

3 ‘‘(A) establishes efficiency standards for 

4 bottle-type water dispensers, compartment bot5 tle-type water dispensers, commercial hot food 

6 holding cabinets, or portable electric spas; and 

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

8 enactment of this paragraph.’’; and 

9 (2) in subsection (c)— 

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

11 after the semicolon at the end; 

12 (B) in paragraph (9)— 

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

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

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

16 (ii) by redesignating clauses (i) and 

17 (ii) as subparagraphs (A) and (B), respec18 tively, and indenting appropriately; and 

19 (iii) in subparagraph (B) (as so redes20 ignated), by striking the period at the end 

21 and inserting ‘‘and’’; and 

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

23 ‘‘(10) is a regulation that— 

24 ‘‘(A) establishes efficiency standards for 

25 bottle-type water dispensers, compartment botVerDate Nov 24 2008 23:24 Mar 01, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3054.IS S3054

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•S 3054 IS

1 tle-type water dispensers, commercial hot food 

2 holding cabinets, or portable electric spas; and 

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

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

Æ 


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