I 

117TH CONGRESS 

1ST SESSION H. R. 2975 

To amend the Energy Policy and Conservation Act to modify the definition 

of water heater under energy conservation standards, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2021 

Mrs. DINGELL introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Energy Policy and Conservation Act to modify 

the definition of water heater under energy conservation 

standards, and for other purposes. 

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

3 SECTION 1. WATER HEATERS. 

4 (a) DEFINITION OF WATER HEATER.—Section 321 

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

6 6291) is amended by striking paragraph (27) and insert7 ing the following: 

8 ‘‘(27) WATER HEATER.— 

9 ‘‘(A) IN GENERAL.—The term ‘water heat10 er’ means a product that utilizes oil, gas, or 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 2975 IH

1 electricity to heat potable water for use outside 

2 the heater on demand, including— 

3 ‘‘(i) storage type units that heat and 

4 store water at a thermostatically controlled 

5 temperature, including— 

6 ‘‘(I) gas storage water heaters 

7 with an input of 75,000 Btu per hour 

8 or less, including heat pump type 

9 units that meet the current and volt10 age limits under clause (iii); 

11 ‘‘(II) oil storage water heaters 

12 with an input of 105,000 Btu per 

13 hour or less; and 

14 ‘‘(III) electric storage water heat15 ers with an input of 12 kilowatts or 

16 less, including heat pump type units 

17 that meet the current and voltage lim18 its under clause (iii); 

19 ‘‘(ii)(I) instantaneous type units that 

20 heat water but contain not more than 1 

21 gallon of water per 4,000 Btu per hour of 

22 input; and 

23 ‘‘(II) in the case of— 

24 ‘‘(aa) gas instantaneous water 

25 heaters, have an input of 200,000 Btu 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 2975 IH

1 per hour or less and are designed and 

2 marketed to provide outlet hot water 

3 at a thermostatically controlled tem4 perature of less than 180 degrees 

5 Fahrenheit; 

6 ‘‘(bb) oil instantaneous water 

7 heaters, have an input of 210,000 Btu 

8 per hour or less; and 

9 ‘‘(cc) electric instantaneous water 

10 heaters, have an input of 12 kilowatts 

11 or less; 

12 ‘‘(iii) heat pump type units (including 

13 add-on heat pumps, integrated heat pumps 

14 with storage, split-system heat pumps that 

15 consist of a separate heat pump and stor16 age tank that are designed and marketed 

17 to operate together, and all ancillary equip18 ment, such as fans, storage tanks, pumps, 

19 electric resistance heating elements, or 

20 controls necessary for the device to per21 form its function) that— 

22 ‘‘(I) have a maximum current 

23 rating of 24 amperes at a voltage not 

24 greater than 250 volts; and 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 2975 IH

1 ‘‘(II) are designed to transfer 

2 thermal energy from 1 temperature 

3 level to a different temperature level 

4 for the purpose of heating water; 

5 ‘‘(iv) solar thermal-assisted electric 

6 storage units; and 

7 ‘‘(v) solar thermal-assisted fossil fuel 

8 storage units. 

9 ‘‘(B) EXCLUSIONS.—Unless otherwise de10 termined by the Secretary under section 

11 325(e)(7)(B), the term ‘water heater’ does not 

12 include— 

13 ‘‘(i) electric storage type units de14 scribed in subparagraph (A)(i)(III) that— 

15 ‘‘(I) are designed and marketed 

16 exclusively for commercial building 

17 applications; and 

18 ‘‘(II)(aa) are designed, con19 structed, inspected, tested, and 

20 stamped in accordance with Section 

21 IV, Part HLW, or Section X of the 

22 Boiler and Pressure Vessel Code pro23 mulgated by the American Society of 

24 Mechanical Engineers; 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 2975 IH

1 ‘‘(bb) exclusively use 3-phase 

2 electricity, are designed and marketed 

3 to provide outlet hot water at a 

4 thermostatically controlled tempera5 ture of 180 degrees Fahrenheit or 

6 greater, and operate only at rated 

7 voltages of not less than 208 volts; or 

8 ‘‘(cc) exclusively use single-phase 

9 electricity, are designed and marketed 

10 to provide outlet hot water at a 

11 thermostatically controlled tempera12 ture of 180 degrees Fahrenheit or 

13 greater, and operate only at a rated 

14 voltage of 277 volts; or 

15 ‘‘(ii) gas storage type units described 

16 in subparagraph (A)(i)(I) that— 

17 ‘‘(I) are designed and marketed 

18 exclusively for commercial building 

19 applications; and 

20 ‘‘(II) are designed, constructed, 

21 inspected, tested, and stamped in ac22 cordance with Section IV, Part HLW, 

23 of the Boiler and Pressure Vessel 

24 Code promulgated by the American 

25 Society of Mechanical Engineers. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 2975 IH

1 ‘‘(C) MULTI-INPUT ELECTRIC STORAGE

2 WATER HEATER.—The term ‘multi-input elec3 tric storage water heater’ means a product 

4 that— 

5 ‘‘(i) is not a heat pump type unit de6 scribed in subparagraph (A)(iii); and 

7 ‘‘(ii) is designed, marketed, or shipped 

8 from the manufacturer with a capability of 

9 operating or being configured to operate at 

10 inputs greater than, equal to, or below 12 

11 kilowatts. 

12 ‘‘(D) SOLAR THERMAL-ASSISTED ELECTRIC

13 STORAGE UNIT.—The term ‘solar thermal-as14 sisted electric storage unit’ means a unit that— 

15 ‘‘(i) has an input of 12 kilowatts or 

16 less; 

17 ‘‘(ii) has at least 2 dedicated ports in 

18 addition to the ports used for introduction 

19 and delivery of potable water for the sup20 ply and return of water or a heat transfer 

21 fluid heated externally by solar panels; 

22 ‘‘(iii) does not have electric resistance 

23 heating elements located in the lower half 

24 of the storage tank; 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 2975 IH

1 ‘‘(iv) has the temperature sensing de2 vice that controls the auxiliary electric heat 

3 source located in the upper half of the 

4 storage tank; and 

5 ‘‘(v) has a ratio of less than 0.70 for 

6 the proportion that the certified first hour 

7 rating bears to the nominal volume of the 

8 storage tank tested without solar energy 

9 input.’’. 

10 (b) STANDARDS FOR WATER HEATERS.—Section 

11 325(e) of the Energy Policy and Conservation Act (42 

12 U.S.C. 6295(e)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(7) EXEMPTED WATER HEATERS.— 

15 ‘‘(A) DEFINITION OF EXEMPTED WATER

16 HEATER.—In this paragraph, the term ‘exempt17 ed water heater’ means a water heater de18 scribed in section 321(27)(B). 

19 ‘‘(B) MONITORING OF SHIPMENTS.— 

20 ‘‘(i) SUBMISSION OF DATA.—Not later 

21 than 90 days after the date of enactment 

22 of this paragraph, and not later than May 

23 1 of each year thereafter, the Secretary 

24 shall require each manufacturer of water 

25 heaters to report to the Secretary the 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 2975 IH

1 quantity of exempted water heaters, in 

2 each category of exempted water heaters, 

3 that the manufacturer shipped in the pre4 ceding calendar year. 

5 ‘‘(ii) CONFIDENTIALITY REQUIRE6 MENTS.—The Secretary shall treat ship7 ment data reported by manufacturers 

8 under clause (i) as confidential business in9 formation subject to appropriate confiden10 tial data safeguards. 

11 ‘‘(iii) PUBLICATION.— 

12 ‘‘(I) BASELINE SHIPMENT

13 DATA.—Not later than 120 days after 

14 the date of enactment of this para15 graph, the Secretary shall publish an 

16 analysis of the data collected under 

17 clause (i) for public comment, subject 

18 to applicable confidentiality safe19 guards, which shall serve as the base20 line data for the analysis described in 

21 subclause (II)(bb). 

22 ‘‘(II) PERCENTAGE GROWTH

23 FROM BASELINE.—Not later than 

24 June 1 of each year after the year in 

25 which the Secretary publishes data 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 2975 IH

1 under subclause (I), the Secretary 

2 shall publish— 

3 ‘‘(aa) an analysis of the data 

4 collected under clause (i) for pub5 lic comment, subject to applicable 

6 confidentiality safeguards; 

7 ‘‘(bb) the percentage growth 

8 in the number of shipments with9 in each category of exempted 

10 water heater relative to the base11 line data described in subclause 

12 (I); and 

13 ‘‘(cc) the determination of 

14 the Secretary as to whether the 

15 number of shipments for any cat16 egory of exempted water heater 

17 have increased by more than 25 

18 percent compared to the baseline 

19 data for that category. 

20 ‘‘(C) INCLUSION OF EXEMPTED WATER

21 HEATERS.— 

22 ‘‘(i) IN GENERAL.—The Secretary 

23 shall, by regulation, revise the definition of 

24 water heater under section 321(27) to in25 clude an exempted water heater under subVerDate Sep 11 2014 22:53 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2975.IH H2975

pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 2975 IH

1 paragraph (A) of that section if the Sec2 retary makes an affirmative determination 

3 under subparagraph (B)(iii)(II)(cc) for 

4 that category of exempted water heater. 

5 ‘‘(ii) ENERGY CONSERVATION STAND6 ARDS.—Any category of exempted water 

7 heater included in the definition of water 

8 heater under clause (i) shall be required to 

9 meet the energy conservation standards 

10 applicable to an electric or gas storage type 

11 water heater under this part. 

12 ‘‘(iii) EFFECTIVE DATE.—For any 

13 category of exempted water heater, the 

14 Secretary shall carry out clause (i), and re15 quire compliance under clause (ii), not 

16 later than 1 year after the date on which 

17 the Secretary makes the affirmative deter18 mination described in clause (i) for that 

19 category. 

20 ‘‘(8) STANDARDS FOR MULTI-INPUT ELECTRIC

21 STORAGE WATER HEATERS.—A multi-input electric 

22 storage water heater shall be subject to the test pro23 cedures, energy conservation standards, labeling (if 

24 applicable), and certification requirements— 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 2975 IH

1 ‘‘(A) for electric storage water heaters 

2 under this part; and 

3 ‘‘(B) for storage water heaters under part 

4 C. 

5 ‘‘(9) TECHNOLOGY-NEUTRAL ELECTRIC STOR6 AGE WATER HEATER STANDARDS.—Notwithstanding 

7 any other provision of this Act, the Secretary may 

8 not create separate product classes for heat pump 

9 water heaters and other electric storage water heat10 ers.’’. 

11 (c) DEFINITION OF COMMERCIAL WATER HEATER.— 

12 Section 340 of the Energy Policy and Conservation Act 

13 (42 U.S.C. 6311) is amended by striking paragraph (12) 

14 and inserting the following: 

15 ‘‘(12)(A) STORAGE WATER HEATER.— 

16 ‘‘(i) IN GENERAL.—The term ‘storage 

17 water heater’ means a water heater that— 

18 ‘‘(I) heats and stores water within an 

19 appliance at a thermostatically controlled 

20 temperature for delivery on demand; and 

21 ‘‘(II) is not a water heater described 

22 in section 321(27)(A). 

23 ‘‘(ii) EXCLUSION.—The term ‘storage 

24 water heater’ does not include a unit with an 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 2975 IH

1 input rating of 4,000 Btu per hour or more per 

2 gallon of stored water. 

3 ‘‘(B) INSTANTANEOUS WATER HEATER.—The 

4 term ‘instantaneous water heater’ means a water 

5 heater that— 

6 ‘‘(i) has an input rating of at least 4,000 

7 Btu per hour per gallon of stored water; and 

8 ‘‘(ii) is not a water heater described in sec9 tion 321(27)(A). 

10 ‘‘(C) UNFIRED HOT WATER STORAGE TANK.— 

11 The term ‘unfired hot water storage tank’ means a 

12 tank used to store water that is heated externally.’’. 

13 (d) LABELING REQUIREMENTS.—Section 344 of the 

14 Energy Policy and Conservation Act (42 U.S.C. 6315) is 

15 amended by adding at the end the following: 

16 ‘‘(l) LABELS FOR CERTAIN COMMERCIAL WATER

17 HEATERS.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding any other 

19 provision of this section, water heaters described in 

20 section 321(27)(B) shall be required to bear a per21 manent label, applied at the point of manufacture, 

22 that, subject to paragraph (3), satisfies the require23 ments described in paragraph (2). 

24 ‘‘(2) REQUIREMENTS.—A label required under 

25 paragraph (1) shall— 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 2975 IH

1 ‘‘(A) be made of material not adversely af2 fected by water; 

3 ‘‘(B) be attached by means of nonwater4 soluble adhesive; and 

5 ‘‘(C) bear the following notice printed in 

6 16.5 point Arial Narrow Bold font: ‘IMPOR7 TANT INFORMATION: Exclusively intended 

8 for commercial installations. This model is not 

9 certified by the U.S. Department of Energy as 

10 a residential water heater. This model does not 

11 have a certified First Hour or UEF rating.’. 

12 ‘‘(3) REVISION UPON PETITION.—On receipt of 

13 a petition by an interested party, the Secretary may 

14 conduct a rulemaking to revise the scope and re15 quirements of the label required under paragraph 

16 (1).’’. 

17 (e) EFFECTIVE DATE.—This section and the amend18 ments made by this section shall take effect 180 days after 

19 the date of enactment of this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS