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factured 3 years after the date on which the final amended 
standard is published.’’. 
(f) TEST PROCEDURES.—Section 343 of the Energy 
Policy and Conservation Act (42 U.S.C. 6314) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (4)— 
(i) in subparagraph (A), by inserting 
‘‘very large commercial package air condi-
tioning and heating equipment,’’ after 
‘‘large commercial package air conditioning 
and heating equipment,’’; and 
(ii) in subparagraph (B), by inserting 
‘‘very large commercial package air condi-
tioning and heating equipment,’’ after 
‘‘large commercial package air conditioning 
and heating equipment,’’; and 
(B) by adding at the end the following: 
‘‘(6)(A)(i) In the case of commercial refrigerators, 
freezers, and refrigerator-freezers, the test procedures shall 
be— 
‘‘(I) the test procedures determined by the Sec-
retary to be generally accepted industry testing proce-
dures; or
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‘‘(II) rating procedures developed or recognized 
by the ASHRAE or by the American National Stand-
ards Institute. 
‘‘(ii) In the case of self-contained refrigerators, freezers, 
and refrigerator-freezers to which standards are applicable 
under paragraphs (2) and (3) of section 342(c), the initial 
test procedures shall be the ASHRAE 117 test procedure 
that is in effect on January 1, 2005. 
‘‘(B)(i) In the case of commercial refrigerators, freez-
ers, and refrigerators-freezers with doors covered by the 
standards adopted in February 2002, by the California En-
ergy Commission, the rating temperatures shall be the inte-
grated average temperature of 38 degrees F (± 2 degrees 
F) for refrigerator compartments and 0 degrees F (± 2 de-
grees F) for freezer compartments. 
‘‘(C) The Secretary shall issue a rule in accordance 
with paragraphs (2) and (3) to establish the appropriate 
rating temperatures for the other products for which stand-
ards will be established under subsection 342(c)(4). 
‘‘(D) In establishing the appropriate test temperatures 
under this subparagraph, the Secretary shall follow the pro-
cedures and meet the requirements under section 323(e). 
‘‘(E)(i) Not later than 180 days after the publication 
of the new ASHRAE 117 test procedure, if the ASHRAE 
117 test procedure for commercial refrigerators, freezers,
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and refrigerator-freezers is amended, the Secretary shall, by 
rule, amend the test procedure for the product as necessary 
to ensure that the test procedure is consistent with the 
amended ASHRAE 117 test procedure, unless the Secretary 
makes a determination, by rule, and supported by clear and 
convincing evidence, that to do so would not meet the re-
quirements for test procedures under paragraphs (2) and 
(3). 
‘‘(ii) If the Secretary determines that 180 days is an 
insufficient period during which to review and adopt the 
amended test procedure or rating procedure under clause 
(i), the Secretary shall publish a notice in the Federal Reg-
ister stating the intent of the Secretary to wait not longer 
than 1 additional year before putting into effect an amend-
ed test procedure or rating procedure. 
‘‘(F)(i) If a test procedure other than the ASHRAE 
117 test procedure is approved by the American National 
Standards Institute, the Secretary shall, by rule— 
‘‘(I) review the relative strengths and weaknesses 
of the new test procedure relative to the ASHRAE 117 
test procedure; and 
‘‘(II) based on that review, adopt 1 new test pro-
cedure for use in the standards program. 
‘‘(ii) If a new test procedure is adopted under clause 
(i)—
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‘‘(I) section 323(e) shall apply; and 
‘‘(II) subparagraph (B) shall apply to the adopt-
ed test procedure. 
‘‘(7)(A) In the case of automatic commercial ice mak-
ers, the test procedures shall be the test procedures specified 
in Air-Conditioning and Refrigeration Institute Standard 
810–2003, as in effect on January 1, 2005. 
‘‘(B)(i) If Air-Conditioning and Refrigeration Insti-
tute Standard 810–2003 is amended, the Secretary shall 
amend the test procedures established in subparagraph (A) 
as necessary to be consistent with the amended Air-Condi-
tioning and Refrigeration Institute Standard, unless the 
Secretary determines, by rule, published in the Federal Reg-
ister and supported by clear and convincing evidence, that 
to do so would not meet the requirements for test procedures 
under paragraphs (2) and (3). 
‘‘(ii) If the Secretary issues a rule under clause (i) con-
taining a determination described in clause (ii), the rule 
may establish an amended test procedure for the product 
that meets the requirements of paragraphs (2) and (3). 
‘‘(C) The Secretary shall comply with section 323(e) 
in establishing any amended test procedure under this 
paragraph. 
‘‘(8) With respect to commercial clothes washers, the 
test procedures shall be the same as the test procedures es-
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tablished by the Secretary for residential clothes washers 
under section 325(g).’’; and 
(2) in subsection (d)(1), by inserting ‘‘very large 
commercial package air conditioning and heating 
equipment, commercial refrigerators, freezers, and re-
frigerator-freezers, automatic commercial ice makers, 
commercial clothes washers,’’ after ‘‘large commercial 
package air conditioning and heating equipment,’’. 
(g) LABELING.—Section 344(e) of the Energy Policy 
and Conservation Act (42 U.S.C. 6315(e)) is amended by 
inserting ‘‘very large commercial package air conditioning 
and heating equipment, commercial refrigerators, freezers, 
and refrigerator-freezers, automatic commercial ice makers, 
commercial clothes washers,’’ after ‘‘large commercial pack-
age air conditioning and heating equipment,’’ each place 
it appears. 
(h) ADMINISTRATION, PENALTIES, ENFORCEMENT, 
AND PREEMPTION.—Section 345 of the Energy Policy and 
Conservation Act (42 U.S.C. 6316) is amended— 
(1) in subsection (a)— 
(A) in paragraph (7), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (8), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following:
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‘‘(9) in the case of commercial clothes washers, 
section 327(b)(1) shall be applied as if the National 
Appliance Energy Conservation Act of 1987 was the 
Energy Policy Act of 2005.’’; 
(2) in the first sentence of subsection (b)(1), by 
striking ‘‘part B’’ and inserting ‘‘part A’’; and 
(3) by adding at the end the following: 
‘‘(d)(1) Except as provided in paragraphs (2) and (3), 
section 327 shall apply with respect to very large commer-
cial package air conditioning and heating equipment to the 
same extent and in the same manner as section 327 applies 
under part A on the date of enactment of this subsection. 
‘‘(2) Any State or local standard issued before the date 
of enactment of this subsection shall not be preempted until 
the standards established under section 342(a)(9) take effect 
on January 1, 2010. 
‘‘(e)(1)(A) Subsections (a), (b), and (d) of section 326, 
subsections (m) through (s) of section 325, and sections 328 
through 336 shall apply with respect to commercial refrig-
erators, freezers, and refrigerator-freezers to the same extent 
and in the same manner as those provisions apply under 
part A. 
‘‘(B) In applying those provisions to commercial re-
frigerators, freezers, and refrigerator-freezers, paragraphs 
(1), (2), (3), and (4) of subsection (a) shall apply.
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‘‘(2)(A) Section 327 shall apply to commercial refrig-
erators, freezers, and refrigerator-freezers for which stand-
ards are established under paragraphs (2) and (3) of section 
342(c) to the same extent and in the same manner as those 
provisions apply under part A on the date of enactment 
of this subsection, except that any State or local standard 
issued before the date of enactment of this subsection shall 
not be preempted until the standards established under 
paragraphs (2) and (3) of section 342(c) take effect. 
‘‘(B) In applying section 327 in accordance with sub-
paragraph (A), paragraphs (1), (2), and (3) of subsection 
(a) shall apply. 
‘‘(3)(A) Section 327 shall apply to commercial refrig-
erators, freezers, and refrigerator-freezers for which stand-
ards are established under section 342(c)(4) to the same ex-
tent and in the same manner as the provisions apply under 
part A on the date of publication of the final rule by the 
Secretary, except that any State or local standard issued 
before the date of publication of the final rule by the Sec-
retary shall not be preempted until the standards take effect. 
‘‘(B) In applying section 327 in accordance with sub-
paragraph (A), paragraphs (1), (2), and (3) of subsection 
(a) shall apply. 
‘‘(4)(A) If the Secretary does not issue a final rule for 
a specific type of commercial refrigerator, freezer, or refrig-
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erator-freezer within the time frame specified in section 
342(c)(5), subsections (b) and (c) of section 327 shall not 
apply to that specific type of refrigerator, freezer, or refrig-
erator-freezer for the period beginning on the date that is 
2 years after the scheduled date for a final rule and ending 
on the date on which the Secretary publishes a final rule 
covering the specific type of refrigerator, freezer, or refrig-
erator-freezer. 
‘‘(B) Any State or local standard issued before the date 
of publication of the final rule shall not be preempted until 
the final rule takes effect. 
‘‘(5)(A) In the case of any commercial refrigerator, 
freezer, or refrigerator-freezer to which standards are appli-
cable under paragraphs (2) and (3) of section 342(c), the 
Secretary shall require manufacturers to certify, through an 
independent, nationally recognized testing or certification 
program, that the commercial refrigerator, freezer, or refrig-
erator-freezer meets the applicable standard. 
‘‘(B) The Secretary shall, to the maximum extent prac-
ticable, encourage the establishment of at least 2 inde-
pendent testing and certification programs. 
‘‘(C) As part of certification, information on equip-
ment energy use and interior volume shall be made avail-
able to the Secretary.
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‘‘(f)(1)(A)(i) Except as provided in clause (ii), section 
327 shall apply to automatic commercial ice makers for 
which standards have been established under section 
342(d)(1) to the same extent and in the same manner as 
the section applies under part A on the date of enactment 
of this subsection. 
‘‘(ii) Any State standard issued before the date of en-
actment of this subsection shall not be preempted until the 
standards established under section 342(d)(1) take effect. 
‘‘(B) In applying section 327 to the equipment under 
subparagraph (A), paragraphs (1), (2), and (3) of sub-
section (a) shall apply. 
‘‘(2)(A)(i) Except as provided in clause (ii), section 
327 shall apply to automatic commercial ice makers for 
which standards have been established under section 
342(d)(2) to the same extent and in the same manner as 
the section applies under part A on the date of publication 
of the final rule by the Secretary. 
‘‘(ii) Any State standard issued before the date of pub-
lication of the final rule by the Secretary shall not be pre-
empted until the standards established under section 
342(d)(2) take effect. 
‘‘(B) In applying section 327 in accordance with sub-
paragraph (A), paragraphs (1), (2), and (3) of subsection 
(a) shall apply.
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‘‘(3)(A) If the Secretary does not issue a final rule for 
a specific type of automatic commercial ice maker within 
the time frame specified in subsection 342(d), subsections 
(b) and (c) of section 327 shall no longer apply to the spe-
cific type of automatic commercial ice maker for the period 
beginning on the day after the scheduled date for a final 
rule and ending on the date on which the Secretary pub-
lishes a final rule covering the specific type of automatic 
commercial ice maker. 
‘‘(B) Any State standard issued before the publication 
of the final rule shall not be preempted until the standards 
established in the final rule take effect. 
‘‘(4)(A) The Secretary shall monitor whether manufac-
turers are reducing harvest rates below tested values for the 
purpose of bringing non-complying equipment into compli-
ance. 
‘‘(B) If the Secretary finds that there has been a sub-
stantial amount of manipulation with respect to harvest 
rates under subparagraph (A), the Secretary shall take steps 
to minimize the manipulation, such as requiring harvest 
rates to be within 5 percent of tested values. 
‘‘(g)(1)(A) If the Secretary does not issue a final rule 
for commercial clothes washers within the timeframe speci-
fied in section 342(e)(2), subsections (b) and (c) of section 
327 shall not apply to commercial clothes washers for the
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period beginning on the day after the scheduled date for 
a final rule and ending on the date on which the Secretary 
publishes a final rule covering commercial clothes washers. 
‘‘(B) Any State or local standard issued before the date 
on which the Secretary publishes a final rule shall not be 
preempted until the standards established under section 
342(e)(2) take effect. 
‘‘(2) The Secretary shall undertake an educational pro-
gram to inform owners of laundromats, multifamily hous-
ing, and other sites where commercial clothes washers are 
located about the new standard, including impacts on wash-
er purchase costs and options for recovering those costs 
through coin collection.’’. 
SEC. 137. EXPEDITED RULEMAKING. 
(a) ADMINISTRATIVE PROCEDURE.—The first sentence 
of section 325(p) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(p)) is amended by striking ‘‘Any’’ and 
inserting ‘‘Except as provided in subsection (u), any’’. 
(b) ADMINISTRATIVE PROCEDURE AND JUDICIAL RE-
VIEW.—The first sentence of section 336(b)(2) of the Energy 
Policy and Conservation Act (42 U.S.C. 6306(b)(2)) is 
amended by striking ‘‘such chapter.’’ and inserting ‘‘that 
chapter, except, notwithstanding section 706(2)(D) of title 
5, United States Code, no direct final rule prescribed or 
withdrawn under section 325(u) may be held unlawful or
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set aside because of the failure of the Secretary to observe 
a procedure required by law other than the procedures re-
quired under section 325(u).’’. 
(c) CONFORMING AMENDMENT.—Section 345(b)(1) of 
the Energy Policy and Conservation Act (42 U.S.C. 
6316(b)(1)) is amended by inserting ‘‘section 325(u),’’ be-
fore ‘‘section 326(a)’’. 
SEC. 138. ENERGY LABELING. 
(a) RULEMAKING ON EFFECTIVENESS OF CONSUMER 
PRODUCT LABELING.—Section 324(a)(2) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6294(a)(2)) is amend-
ed by adding at the end the following: 
‘‘(F)(i) Not later than 90 days after the date of enact-
ment of this subparagraph, the Commission shall initiate 
a rulemaking to consider— 
‘‘(I) the effectiveness of the consumer products la-
beling program in assisting consumers in making 
purchasing decisions and improving energy efficiency; 
and 
‘‘(II) changes to the labeling rules (including cat-
egorical labeling) that would improve the effectiveness 
of consumer product labels. 
‘‘(ii) Not later than 2 years after the date of enactment 
of this subparagraph, the Commission shall complete the 
rulemaking initiated under clause (i).’’.
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(b) RULEMAKING
ON LABELING
FOR ADDITIONAL 
PRODUCTS.—Section 324(a) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(a)) is amended by adding 
at the end the following: 
‘‘(5)(A) For covered products described in subsections 
(u) through (ee) of section 325, after a test procedure has 
been prescribed under section 323, the Secretary or the 
Commission, as appropriate, may prescribe, by rule, under 
this section labeling requirements for the products. 
‘‘(B) In the case of products to which TP–1 standards 
under section 325(y) apply, labeling requirements shall be 
based on the ‘Standard for the Labeling of Distribution 
Transformer Efficiency’ prescribed by the National Elec-
trical Manufacturers Association (NEMA TP–3) as in effect 
on the date of enactment of this paragraph. 
‘‘(C) In the case of dehumidifiers covered under section 
325(dd), the Commission shall not require an ‘Energy 
Guide’ label.’’. 
SEC. 139. ENERGY EFFICIENT ELECTRIC AND NATURAL GAS 
UTILITIES STUDY. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, in consultation with 
the National Association of Regulatory Utility Commis-
sioners and the National Association of State Energy Offi-
cials, shall conduct a study of State and regional policies
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that promote cost-effective programs to reduce energy con-
sumption (including energy efficiency programs) that are 
carried out by— 
(1) utilities that are subject to State regulation; 
and 
(2) nonregulated utilities. 
(b) CONSIDERATION.—In conducting the study under 
subsection (a), the Secretary shall take into consideration— 
(1) performance standards for achieving energy 
use and demand reduction targets; 
(2) funding sources, including rate surcharges; 
(3) infrastructure planning approaches (includ-
ing energy efficiency programs) and infrastructure 
improvements; 
(4) the costs and benefits of consumer education 
programs conducted by State and local governments 
and local utilities to increase consumer awareness of 
energy efficiency technologies and measures; and 
(5) methods of— 
(A) removing disincentives for utilities to 
implement energy efficiency programs; 
(B) encouraging utilities to undertake vol-
untary energy efficiency programs; and 
(C) ensuring appropriate returns on energy 
efficiency programs.
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(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to Con-
gress a report that includes— 
(1) the findings of the study; and 
(2) any recommendations of the Secretary, in-
cluding recommendations on model policies to pro-
mote energy efficiency programs. 
SEC. 140. ENERGY EFFICIENCY PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary shall establish a 
pilot program under which the Secretary provides financial 
assistance to at least 3, but not more than 7, States to carry 
out pilot projects in the States for— 
(1) planning and adopting statewide programs 
that encourage, for each year in which the pilot 
project is carried out— 
(A) energy efficiency; and 
(B) reduction of consumption of electricity 
or natural gas in the State by at least 0.75 per-
cent, as compared to a baseline determined by 
the Secretary for the period preceding the imple-
mentation of the program; or 
(2) for any State that has adopted a statewide 
program as of the date of enactment of this Act, ac-
tivities that reduce energy consumption in the State 
by expanding and improving the program.
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(b) VERIFICATION.—A State that receives financial as-
sistance under subsection (a)(1) shall submit to the Sec-
retary independent verification of any energy savings 
achieved through the statewide program. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$5,000,000 for each of fiscal years 2006 through 2010, to 
remain available until expended. 
SEC. 141. ENERGY EFFICIENCY RESOURCE PROGRAMS. 
(a) ELECTRIC UTILITY PROGRAMS.—Section 111 of 
the Public Utilities Regulatory Policy Act of 1978 (16 
U.S.C. 2621) is amended by adding at the end the following: 
‘‘(e) ENERGY EFFICIENCY RESOURCE PROGRAMS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) DEMAND
BASELINE.—The term ‘de-
mand baseline’ means the baseline determined by 
the Secretary for an appropriate period pre-
ceding the implementation of an energy effi-
ciency resource program. 
‘‘(B) ENERGY EFFICIENCY RESOURCE PRO-
GRAMS.—The term ‘energy efficiency resource 
program’ means an energy efficiency or other de-
mand reduction program that is designed to re-
duce annual electricity consumption or peak de-
mand of consumers served by an electric utility
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by a percentage of the demand baseline of the 
utility that is equal to not less than 0.75 percent 
of the number of years during which the pro-
gram is in effect. 
‘‘(2) PUBLIC HEARINGS; DETERMINATIONS.— 
‘‘(A) As soon as practicable after the date of 
enactment of this subsection, but not later than 
3 years after that date, each State regulatory au-
thority (with respect to each electric utility over 
which the State has ratemaking authority) and 
each nonregulated electric utility shall, after no-
tice, conduct a public hearing on the benefits and 
feasibility of implementing an energy efficiency 
resource program. 
‘‘(B) A State regulatory authority or non-
regulated utility shall implement an energy effi-
ciency resource program if, on the basis of a 
hearing under subparagraph (A), the State regu-
latory authority or nonregulated utility deter-
mines that the program would— 
‘‘(i) benefit end-use customers; 
‘‘(ii) be cost-effective based on total re-
source cost; 
‘‘(iii) serve the public welfare; and 
‘‘(iv) be feasible to implement.