‘‘(B) MATTERS DESCRIBED.—The matters 
referred to in subparagraph (A) are, with re-
spect to a covered product described in that 
subparagraph— 
‘‘(i) energy efficiency; 
‘‘(ii) energy use; 
‘‘(iii) in the case of showerheads, fau-
cets, water closets, and urinals, the water 
use of that covered product; 
‘‘(iv) the economic impact of any pro-
posed energy conservation standard; and 
‘‘(v) in the case of electric storage 
water heaters— 
‘‘(I) water heater demand re-
sponse capabilities (as defined in sec-
tion 325A(a)); and 
‘‘(II) the economic impact of any 
proposed requirement for water heater 
demand response capabilities (as de-
fined in that section).’’. 
(B) Section 335 of the Energy Policy and 
Conservation Act (42 U.S.C. 6305) is amended 
by inserting ‘‘or 325A’’ after ‘‘section 325’’ 
each place it appears. 
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(C) Section 336 of the Energy Policy and 
Conservation Act (42 U.S.C. 6306) is amend-
ed— 
(i) in subsection (a)— 
(I) in paragraph (1), by inserting 
‘‘325A,’’ after ‘‘325,’’; and 
(II) in paragraph (2), by insert-
ing ‘‘or 325A’’ after ‘‘325’’; and 
(ii) in subsection (b) by striking ‘‘or 
325’’ each place it appears and inserting 
‘‘325, or 325A’’. 
(e) DEFINITION OF COMMERCIAL WATER HEATER.— 
Section 340 of the Energy Policy and Conservation Act 
(42 U.S.C. 6311) is amended by striking paragraph (12) 
and inserting the following: 
‘‘(12)(A) STORAGE WATER HEATER.— 
‘‘(i) IN
GENERAL.—The term ‘storage 
water heater’ means a water heater that— 
‘‘(I) heats and stores water within an 
appliance at a thermostatically controlled 
temperature for delivery on demand; and 
‘‘(II) is not a water heater described 
in section 321(27)(A). 
‘‘(ii) 
EXCLUSION.—The 
term 
‘storage 
water heater’ does not include a unit with an 
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input rating of 4,000 Btu per hour or more per 
gallon of stored water. 
‘‘(B) INSTANTANEOUS
WATER
HEATER.—The 
term ‘instantaneous water heater’ means a water 
heater that— 
‘‘(i) has an input rating of at least 4,000 
Btu per hour per gallon of stored water; and 
‘‘(ii) is not a water heater described in sec-
tion 321(27)(A). 
‘‘(C) UNFIRED HOT WATER STORAGE TANK.— 
The term ‘unfired hot water storage tank’ means a 
tank used to store water that is heated externally.’’. 
(f) LABELING REQUIREMENTS.—Section 344 of the 
Energy Policy and Conservation Act (42 U.S.C. 6315) is 
amended by adding at the end the following: 
‘‘(l) LABELS
FOR CERTAIN COMMERCIAL WATER 
HEATERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this section, water heaters described in 
section 321(27)(B) shall be required to bear a per-
manent label, applied at the point of manufacture, 
that, subject to paragraph (3), satisfies the require-
ments described in paragraph (2). 
‘‘(2) REQUIREMENTS.—A label required under 
paragraph (1) shall— 
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‘‘(A) be made of material not adversely af-
fected by water; 
‘‘(B) be attached by means of nonwater- 
soluble adhesive; and 
‘‘(C) bear the following notice printed in 
16.5 point Arial Narrow Bold font: ‘IMPOR-
TANT INFORMATION: Exclusively intended 
for commercial installations. This model is not 
certified by the manufacturer to the U.S. De-
partment of Energy as a residential water heat-
er. This model does not have a certified First 
Hour or UEF rating.’. 
‘‘(3) REVISION UPON PETITION.—On receipt of 
a petition by an interested party, the Secretary may 
conduct a rulemaking to revise the scope and re-
quirements of the label required under paragraph 
(1).’’. 
(g) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date 
that is 180 days after the date of enactment of this Act. 
Æ 
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