II 

111TH CONGRESS 

1ST SESSION S. 2908 

To amend the Energy Policy and Conservation Act to require the Secretary 

of Energy to publish a final rule that establishes a uniform efficiency 

descriptor and accompanying test methods for covered water heaters, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 18, 2009 

Mr. KOHL (for himself, Mr. CORKER, and Mr. FEINGOLD) 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 require 

the Secretary of Energy to publish a final rule that 

establishes a uniform efficiency descriptor and accompanying test methods for covered water heaters, 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 ‘‘Water Heater Rating 

5 Improvement Act of 2009’’. 


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1 SEC. 2. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED 

2 WATER HEATERS. 

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

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

5 the following: 

6 ‘‘(5) UNIFORM EFFICIENCY DESCRIPTOR FOR

7 COVERED WATER HEATERS.— 

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

9 ‘‘(i) COVERED WATER HEATER.—The 

10 term ‘covered water heater’ means— 

11 ‘‘(I) a water heater; and 

12 ‘‘(II) a storage water heater, in13 stantaneous water heater, and unfired 

14 water storage tank (as defined in sec15 tion 340). 

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

17 rule’ means the final rule published under 

18 this paragraph. 

19 ‘‘(B) PUBLICATION OF FINAL RULE.—Ex20 cept as otherwise provided in this paragraph, 

21 the Secretary shall publish a final rule that es22 tablishes a uniform efficiency descriptor and ac23 companying test methods for covered water 

24 heaters— 


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1 ‘‘(i) if the date of enactment of this 

2 paragraph is on or before March 31, 2010, 

3 not later than 270 days after that date; or 

4 ‘‘(ii) if the date of enactment of this 

5 paragraph is after March 31, 2010, not 

6 later than 180 days after that date. 

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

8 rule shall be to replace with a uniform effi9 ciency descriptor— 

10 ‘‘(i) the energy factor descriptor for 

11 water heaters established under this sub12 section; and 

13 ‘‘(ii) the thermal efficiency and stand14 by loss descriptors for storage water heat15 ers, instantaneous water heaters, and 

16 unfired water storage tanks established 

17 under section 342(a)(5). 

18 ‘‘(D) EFFECT OF FINAL RULE.— 

19 ‘‘(i) IN GENERAL.—Notwithstanding 

20 any other provision of this title, effective 

21 beginning on the effective date of the final 

22 rule, the efficiency standard for covered 

23 water heaters shall be the efficiency 

24 descriptor established by the final rule. 


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1 ‘‘(ii) EFFECTIVE DATE.—The final 

2 rule shall take effect 1 year after the date 

3 of publication of the final rule under sub4 paragraph (B). 

5 ‘‘(E) CONVERSION FACTOR.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall develop a mathematical conversion 

8 factor for converting the measurement of 

9 efficiency for covered water heaters from 

10 the test procedures in effect on the date of 

11 enactment of this paragraph to the new 

12 energy descriptor established under the 

13 final rule. 

14 ‘‘(ii) APPLICATION.—The conversion 

15 factor shall apply to models of covered 

16 water heaters affected by the final rule and 

17 tested prior to the effective date of the 

18 final rule. 

19 ‘‘(iii) EFFECT ON EFFICIENCY RE20 QUIREMENTS.—The conversion factor shall 

21 not affect the minimum efficiency require22 ments for covered water heaters otherwise 

23 established under this title. 

24 ‘‘(iv) USE.—During the period de25 scribed in clause (v), a manufacturer may 


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1 apply the conversion factor established by 

2 the Secretary to rerate existing models of 

3 covered water heaters that are in existence 

4 prior to the effective date of the rule de5 scribed in clause (v)(II) to comply with the 

6 new efficiency descriptor. 

7 ‘‘(v) PERIOD.—Subclause (I) shall 

8 apply during the period— 

9 ‘‘(I) beginning on the date of es10 tablishment of the conversion factor; 

11 and 

12 ‘‘(II) ending on the effective date 

13 of the rule which is to be published by 

14 the Secretary not later than March 

15 31, 2010, with respect to covered 

16 water heaters (as required by the con17 sent decree filed on November 6, 

18 2006, in the United Stated District 

19 Court for the Southern District of 

20 New York in consolidated civil actions 

21 by plaintiffs against Samuel W. 

22 Bodman as Secretary of Energy). 

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 (as of the date of en10 actment 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 as of the date of 

16 enactment of this paragraph; 

17 ‘‘(ii) the thermal efficiency and stand18 by loss descriptors in use as of 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 as of 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.’’. 

Æ 


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