570 
‘‘(F) For equipment manufactured on or after 
the later of January 1, 2008, or the date six months 
after enactment of this section, minimum heating 
seasonal performance factor of air-cooled three- 
phase electric central air conditioning heat pumps 
less than 65,000 Btu per hour (cooling capacity), 
split systems, shall be 7.7. 
‘‘(G) For equipment manufactured on or after 
the later of January 1, 2008, or the date six months 
after enactment of this section, the minimum heat-
ing seasonal performance factor of air-cooled three- 
phase electric central air conditioning heat pumps 
less than 65,000 Btu per hour (cooling capacity), 
single package, shall be 7.7.’’; and 
(5) by adding the following new paragraphs at 
the end: 
‘‘(11) Single package vertical air conditioners and 
single package vertical heat pumps manufactured on or 
after January 1, 2010, shall meet the following standards: 
‘‘(A) The minimum energy efficiency ratio of 
single package vertical air conditioners less than 
65,000 Btu per hour (cooling capacity), single- 
phase, shall be 9.0. 
‘‘(B) The minimum energy efficiency ratio of 
single package vertical air conditioners less than
571 
65,000 Btu per hour (cooling capacity), three-phase, 
shall be 9.0. 
‘‘(C) The minimum energy efficiency ratio of 
single package vertical air conditioners at or above 
65,000 Btu per hour (cooling capacity) but less than 
135,000 Btu per hour (cooling capacity), shall be 
8.9. 
‘‘(D) The minimum energy efficiency ratio of 
single package vertical air conditioners at or above 
135,000 Btu per hour (cooling capacity) but less 
than 240,000 Btu per hour (cooling capacity), shall 
be 8.6. 
‘‘(E) The minimum energy efficiency ratio of 
single package vertical heat pumps less than 65,000 
Btu per hour (cooling capacity), single-phase, shall 
be 9.0; and the minimum coefficient of performance 
in the heating mode shall be 3.0. 
‘‘(F) The minimum energy efficiency ratio of 
single package vertical heat pumps less than 65,000 
Btu per hour (cooling capacity), three-phase, shall 
be 9.0; and the minimum coefficient of performance 
in the heating mode shall be 3.0. 
‘‘(G) The minimum energy efficiency ratio of 
single package vertical heat pumps at or above 
65,000 Btu per hour (cooling capacity) but less than
572 
135,000 Btu per hour (cooling capacity), shall be 
8.9; and the minimum coefficient of performance in 
the heating mode shall be 3.0. 
‘‘(H) The minimum energy efficiency ratio of 
single package vertical heat pumps at or above 
135,000 Btu per hour (cooling capacity) but less 
than 240,000 Btu per hour (cooling capacity), shall 
be 8.6; and the minimum coefficient of performance 
in the heating mode shall be 2.9. 
‘‘(12) Not later than 36 months after the date of en-
actment of this paragraph, the Secretary shall review the 
most recently published ASHRAE/IES Standard 90.1 
with respect to single package vertical air conditioners and 
single package vertical heat pumps according to the proce-
dures established in paragraph (6).’’. 
SEC. 9008. DEFINITION OF ENERGY CONSERVATION STAND-
ARD. 
Section 321 of the Energy Policy and Conservation 
Act (42 U.S.C. 6291) is amended by striking paragraph 
(6) and inserting the following: 
‘‘(6) ENERGY CONSERVATION STANDARD.— 
‘‘(A) IN GENERAL.—The term ‘energy con-
servation standard’ means 1 or more perform-
ance standards that—
573 
‘‘(i) for covered products (excluding 
clothes washers, dishwashers, showerheads, 
faucets, water closets, and urinals), pre-
scribe a minimum level of energy efficiency 
or a maximum quantity of energy use, de-
termined in accordance with test proce-
dures prescribed under section 323; 
‘‘(ii) for showerheads, faucets, water 
closets, and urinals, prescribe a minimum 
level of water efficiency or a maximum 
quantity of water use, determined in ac-
cordance with test procedures prescribed 
under section 323; and 
‘‘(iii) for clothes washers and dish-
washers— 
‘‘(I) prescribe a minimum level of 
energy efficiency or a maximum quan-
tity of energy use, determined in ac-
cordance with test procedures pre-
scribed under section 323; and 
‘‘(II) may include a minimum 
level of water efficiency or a maximum 
quantity of water use, determined in 
accordance with those test procedures.
574 
‘‘(B) INCLUSIONS.—The term ‘energy con-
servation standard’ includes— 
‘‘(i) 1 or more design requirements, if 
the requirements were established— 
‘‘(I) on or before the date of en-
actment of this subclause; or 
‘‘(II) as part of a consensus 
agreement under section 325(p)(5); 
and 
‘‘(ii) any other requirements that the 
Secretary may prescribe under section 
325(r). 
‘‘(C) EXCLUSION.—The term ‘energy con-
servation standard’ does not include a perform-
ance standard for a component of a finished 
covered product, unless regulation of the com-
ponent is authorized or established pursuant to 
this title.’’. 
SEC. 9009. IMPROVING SCHEDULE FOR STANDARDS UPDAT-
ING AND CLARIFYING STATE AUTHORITY. 
(a) CONSUMER APPLIANCES.—Section 325(m) of the 
Energy Policy and Conservation Act (42 U.S.C. 6295(m)) 
is amended to read as follows: 
‘‘(m) FURTHER RULEMAKING.—(1) Not later than 6 
years after issuance of any final rule establishing or