II 
112TH CONGRESS 
2D SESSION 
H. R. 6582 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 5, 2012 
Received 
AN ACT 
To allow for innovations and alternative technologies that 
meet or exceed desired energy efficiency goals, and to 
make technical corrections to existing Federal energy 
efficiency laws to allow American manufacturers to re-
main competitive. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Energy Man-
ufacturing Technical Corrections Act’’. 
SEC. 2. INNOVATIVE COMPONENT TECHNOLOGIES. 
Section 342(f) of the Energy Policy and Conservation 
Act (42 U.S.C. 6313(f)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraphs 
(2) through (5)’’ and inserting ‘‘paragraphs (2) 
through (6)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) 
INNOVATIVE
COMPONENT
TECH-
NOLOGIES.—Subparagraph (C) of paragraph (1) 
shall not apply to a walk-in cooler or walk-in freezer 
component if the component manufacturer has dem-
onstrated to the satisfaction of the Secretary that 
the component reduces energy consumption at least 
as much as if such subparagraph were to apply. In 
support of any demonstration under this paragraph, 
a manufacturer shall provide to the Secretary all 
data and technical information necessary to fully 
evaluate its application.’’. 
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SEC. 3. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED 
WATER HEATERS. 
Section 325(e) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(e)) is amended by adding at the end 
the following: 
‘‘(5) UNIFORM
EFFICIENCY
DESCRIPTOR
FOR 
COVERED WATER HEATERS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED WATER HEATER.—The 
term ‘covered water heater’ means— 
‘‘(I) a water heater; and 
‘‘(II) a storage water heater, in-
stantaneous water heater, and unfired 
hot water storage tank (as defined in 
section 340). 
‘‘(ii) FINAL
RULE.—The term ‘final 
rule’ means the final rule published under 
this paragraph. 
‘‘(B) PUBLICATION OF FINAL RULE.—Not 
later than 1 year after the date of enactment of 
this paragraph, the Secretary shall publish a 
final rule that establishes a uniform efficiency 
descriptor and accompanying test methods for 
covered water heaters. 
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‘‘(C) PURPOSE.—The purpose of the final 
rule shall be to replace with a uniform effi-
ciency descriptor— 
‘‘(i) the energy factor descriptor for 
water heaters established under this sub-
section; and 
‘‘(ii) the thermal efficiency and stand-
by loss descriptors for storage water heat-
ers, instantaneous water heaters, and 
unfired water storage tanks established 
under section 342(a)(5). 
‘‘(D) EFFECT OF FINAL RULE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of this title, effective 
beginning on the effective date of the final 
rule, the efficiency standard for covered 
water heaters shall be denominated accord-
ing to the efficiency descriptor established 
by the final rule. 
‘‘(ii) EFFECTIVE
DATE.—The final 
rule shall take effect 1 year after the date 
of publication of the final rule under sub-
paragraph (B). 
‘‘(E) CONVERSION FACTOR.— 
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scribed in clause (v)(II) to comply with the 
new efficiency descriptor. 
‘‘(v) PERIOD.—Clause (iv) shall apply 
during the period— 
‘‘(I) beginning on the date of 
publication of the conversion factor in 
the Federal Register; and 
‘‘(II) ending on the later of 1 
year after the date of publication of 
the conversion factor, or December 
31, 2015. 
‘‘(F) EXCLUSIONS.—The final rule may 
exclude a specific category of covered water 
heaters from the uniform efficiency descriptor 
established under this paragraph if the Sec-
retary determines that the category of water 
heaters— 
‘‘(i) does not have a residential use 
and can be clearly described in the final 
rule; and 
‘‘(ii) are effectively rated using the 
thermal 
efficiency 
and 
standby 
loss 
descriptors applied (as of the date of en-
actment of this paragraph) to the category 
under section 342(a)(5). 
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‘‘(G) OPTIONS.—The descriptor set by the 
final rule may be— 
‘‘(i) a revised version of the energy 
factor descriptor in use as of the date of 
enactment of this paragraph; 
‘‘(ii) the thermal efficiency and stand-
by loss descriptors in use as of that date; 
‘‘(iii) a revised version of the thermal 
efficiency and standby loss descriptors; 
‘‘(iv) a hybrid of descriptors; or 
‘‘(v) a new approach. 
‘‘(H) 
APPLICATION.—The 
efficiency 
descriptor and accompanying test method estab-
lished under the final rule shall apply, to the 
maximum extent practicable, to all water heat-
ing technologies in use as of the date of enact-
ment of this paragraph and to future water 
heating technologies. 
‘‘(I) PARTICIPATION.—The Secretary shall 
invite interested stakeholders to participate in 
the rulemaking process used to establish the 
final rule. 
‘‘(J) 
TESTING
OF
ALTERNATIVE 
DESCRIPTORS.—In establishing the final rule, 
the Secretary shall contract with the National 
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Institute of Standards and Technology, as nec-
essary, to conduct testing and simulation of al-
ternative descriptors identified for consider-
ation. 
‘‘(K) EXISTING
COVERED
WATER
HEAT-
ERS.—A covered water heater shall be consid-
ered to comply with the final rule on and after 
the effective date of the final rule and with any 
revised labeling requirements established by the 
Federal Trade Commission to carry out the 
final rule if the covered water heater— 
‘‘(i) was manufactured prior to the ef-
fective date of the final rule; and 
‘‘(ii) complied with the efficiency 
standards and labeling requirements in ef-
fect prior to the final rule.’’. 
SEC. 4. SERVICE OVER THE COUNTER, SELF-CONTAINED, 
MEDIUM TEMPERATURE COMMERCIAL RE-
FRIGERATORS. 
Section 342(c) of the Energy Policy and Conservation 
Act (42 U.S.C. 6313(c)) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (C) as 
subparagraph (E); and 
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(B) by inserting after subparagraph (B) 
the following: 
‘‘(C) The term ‘service over the counter, 
self-contained, medium temperature commercial 
refrigerator’ or ‘(SOC–SC–M)’ means a me-
dium temperature commercial refrigerator— 
‘‘(i) with a self-contained condensing 
unit and equipped with sliding or hinged 
doors in the back intended for use by sales 
personnel, and with glass or other trans-
parent material in the front for displaying 
merchandise; and 
‘‘(ii) that has a height not greater 
than 66 inches and is intended to serve as 
a counter for transactions between sales 
personnel and customers. 
‘‘(D) The term ‘TDA’ means the total dis-
play area (ft2) of the refrigerated case, as de-
fined in AHRI Standard 1200.’’; 
(2) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4)(A) Each SOC–SC–M manufactured on or 
after January 1, 2012, shall have a total daily en-
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ergy consumption (in kilowatt hours per day) of not 
more than 0.6 × TDA + 1.0. 
‘‘(B) Not later than 3 years after the date of 
enactment of this paragraph, the Secretary shall— 
‘‘(i) determine whether the standard estab-
lished under subparagraph (A) should be 
amended; and 
‘‘(ii) if the Secretary determines that such 
standard should be amended, issue a final rule 
establishing an amended standard. 
‘‘(C) If the Secretary issues a final rule pursu-
ant to subparagraph (B) establishing an amended 
standard, the final rule shall provide that the 
amended standard shall apply to products manufac-
tured on or after the date that is— 
‘‘(i) 3 years after the date on which the 
final amended standard is published; or 
‘‘(ii) if the Secretary determines, by rule, 
that 3 years is inadequate, not later than 5 
years after the date on which the final rule is 
published.’’. 
SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMIN-
ISTRATIVE CHANGES. 
(a) THROUGH-THE-WALL
CENTRAL
AIR
CONDI-
TIONERS, THROUGH-THE-WALL CENTRAL AIR CONDI-
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TIONING HEAT PUMPS, AND SMALL DUCT, HIGH VELOC-
ITY SYSTEMS.—Section 325(d) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(d)) is amended by add-
ing at the end the following: 
‘‘(4) STANDARDS
FOR
THROUGH-THE-WALL 
CENTRAL AIR CONDITIONERS, THROUGH-THE-WALL 
CENTRAL
AIR
CONDITIONING
HEAT
PUMPS, AND 
SMALL DUCT, HIGH VELOCITY SYSTEMS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) SMALL
DUCT, HIGH
VELOCITY 
SYSTEM.—The term ‘small duct, high ve-
locity system’ means a heating and cooling 
product that contains a blower and indoor 
coil combination that— 
‘‘(I) is designed for, and pro-
duces, at least 1.2 inches of external 
static pressure when operated at the 
certified air volume rate of 220–350 
CFM per rated ton of cooling; and 
‘‘(II) when applied in the field, 
uses high velocity room outlets gen-
erally greater than 1,000 fpm that 
have less than 6.0 square inches of 
free area. 
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‘‘(ii) THROUGH-THE-WALL
CENTRAL 
AIR
CONDITIONER; 
THROUGH-THE-WALL 
CENTRAL
AIR
CONDITIONING
HEAT 
PUMP.—The terms ‘through-the-wall cen-
tral air conditioner’ and ‘through-the-wall 
central air conditioning heat pump’ mean a 
central air conditioner or heat pump, re-
spectively, that is designed to be installed 
totally or partially within a fixed-size open-
ing in an exterior wall, and— 
‘‘(I) is not weatherized; 
‘‘(II) is clearly and permanently 
marked for installation only through 
an exterior wall; 
‘‘(III) has a rated cooling capac-
ity no greater than 30,000 Btu/hr; 
‘‘(IV) exchanges all of its outdoor 
air across a single surface of the 
equipment cabinet; and 
‘‘(V) has a combined outdoor air 
exchange area of less than 800 square 
inches (split systems) or less than 
1,210 square inches (single packaged 
systems) as measured on the surface 
area described in subclause (IV). 
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‘‘(iii) REVISION.—The Secretary may 
revise the definitions contained in this sub-
paragraph through publication of a final 
rule. 
‘‘(B) SMALL-DUCT
HIGH-VELOCITY
SYS-
TEMS.— 
‘‘(i) SEASONAL
ENERGY
EFFICIENCY 
RATIO.—The seasonal energy efficiency 
ratio for small-duct high-velocity systems 
shall be not less than— 
‘‘(I) 11.00 for products manufac-
tured on or after January 23, 2006; 
and 
‘‘(II) 12.00 for products manu-
factured on or after January 1, 2015. 
‘‘(ii) HEATING
SEASONAL
PERFORM-
ANCE FACTOR.—The heating seasonal per-
formance factor for small-duct high-veloc-
ity systems shall be not less than— 
‘‘(I) 6.8 for products manufac-
tured on or after January 23, 2006; 
and 
‘‘(II) 7.2 for products manufac-
tured on or after January 1, 2015. 
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‘‘(C) SUBSEQUENT
RULEMAKINGS.—The 
Secretary shall conduct subsequent rulemakings 
for through-the-wall central air conditioners, 
through-the-wall central air conditioning heat 
pumps, and small duct, high velocity systems as 
part of any rulemaking under this section used 
to review or revise standards for other central 
air conditioners and heat pumps.’’. 
(b) DUTY TO REVIEW COMMERCIAL EQUIPMENT.— 
Section 342(a)(6) of the Energy Policy and Conservation 
Act (42 U.S.C. 6313(a)(6)) is amended— 
(1) in subparagraph (A)(i), by inserting ‘‘the 
standard levels or design requirements applicable 
under that standard to’’ immediately before ‘‘any 
small commercial’’; and 
(2) in subparagraph (C)— 
(A) in clause (i)— 
(i) by striking ‘‘Not later than 6 years 
after issuance of any final rule establishing 
or amending a standard, as required for a 
product under this part,’’ and inserting 
‘‘Every 6 years,’’; and 
(ii) by inserting after ‘‘the Secretary 
shall’’ the following: ‘‘conduct an evalua-
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tion of each class of covered equipment 
and shall’’; and 
(B) by adding at the end the following: 
‘‘(vi) For any covered equipment as to 
which more than 6 years has elapsed since 
the issuance of the most recent final rule 
establishing or amending a standard for 
the product as of the date of enactment of 
this clause, the first notice required under 
clause (i) shall be published by December 
31, 2013.’’. 
(c) PETITION FOR AMENDED STANDARDS.—Section 
325(n) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(n)) is amended— 
(1) by redesignating paragraph (3) as para-
graph (5); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) NOTICE
OF
DECISION.—Not later than 
180 days after the date of receiving a petition, the 
Secretary shall publish in the Federal Register a no-
tice of, and explanation for, the decision of the Sec-
retary to grant or deny the petition. 
‘‘(4) NEW
OR
AMENDED
STANDARDS.—Not 
later than 3 years after the date of granting a peti-
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tion for new or amended standards, the Secretary 
shall publish in the Federal Register— 
‘‘(A) a final rule that contains the new or 
amended standards; or 
‘‘(B) a determination that no new or 
amended standards are necessary.’’. 
SEC. 6. COORDINATION OF RESEARCH AND DEVELOPMENT 
OF ENERGY EFFICIENT TECHNOLOGIES FOR 
INDUSTRY. 
(a) IN GENERAL.—As part of the research and devel-
opment activities of the Industrial Technologies Program 
of the Department of Energy, the Secretary of Energy (re-
ferred to in this section as the ‘‘Secretary’’) shall estab-
lish, as appropriate, collaborative research and develop-
ment partnerships with other programs within the Office 
of Energy Efficiency and Renewable Energy (including the 
Building Technologies Program), the Office of Electricity 
Delivery and Energy Reliability, and the Office of Science 
that— 
(1) leverage the research and development ex-
pertise of those programs to promote early stage en-
ergy efficiency technology development; 
(2) support the use of innovative manufacturing 
processes and applied research for development, 
demonstration, and commercialization of new tech-
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nologies and processes to improve efficiency (includ-
ing improvements in efficient use of water), reduce 
emissions, reduce industrial waste, and improve in-
dustrial cost-competitiveness; and 
(3) apply the knowledge and expertise of the In-
dustrial Technologies Program to help achieve the 
program goals of the other programs. 
(b) REPORTS.—Not later than 2 years after the date 
of enactment of this Act and biennially thereafter, the Sec-
retary shall submit to Congress a report that describes 
actions taken to carry out subsection (a) and the results 
of those actions. 
SEC. 7. REDUCING BARRIERS TO THE DEPLOYMENT OF IN-
DUSTRIAL ENERGY EFFICIENCY. 
(a) DEFINITIONS.—In this section: 
(1) INDUSTRIAL
ENERGY
EFFICIENCY.—The 
term ‘‘industrial energy efficiency’’ means the energy 
efficiency derived from commercial technologies and 
measures to improve energy efficiency or to generate 
or transmit electric power and heat, including elec-
tric motor efficiency improvements, demand re-
sponse, direct or indirect combined heat and power, 
and waste heat recovery. 
(2) INDUSTRIAL
SECTOR.—The term ‘‘indus-
trial sector’’ means any subsector of the manufac-
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turing sector (as defined in North American Indus-
try Classification System codes 31-33 (as in effect 
on the date of enactment of this Act)) establish-
ments of which have, or could have, thermal host fa-
cilities with electricity requirements met in whole, or 
in part, by onsite electricity generation, including di-
rect and indirect combined heat and power or waste 
recovery. 
(b) REPORT ON THE DEPLOYMENT OF INDUSTRIAL 
ENERGY EFFICIENCY.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary 
shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Com-
mittee on Energy and Natural Resources of the Sen-
ate a report describing— 
(A) the results of the study conducted 
under paragraph (2); and 
(B) recommendations and guidance devel-
oped under paragraph (3). 
(2) STUDY.—The Secretary, in coordination 
with the industrial sector and other stakeholders, 
shall conduct a study of the following: 
(A) The legal, regulatory, and economic 
barriers to the deployment of industrial energy 
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efficiency in all electricity markets (including 
organized wholesale electricity markets, and 
regulated electricity markets), including, as ap-
plicable, the following: 
(i) 
Transmission 
and 
distribution 
interconnection requirements. 
(ii) Standby, back-up, and mainte-
nance fees (including demand ratchets). 
(iii) Exit fees. 
(iv) Life of contract demand ratchets. 
(v) Net metering. 
(vi) Calculation of avoided cost rates. 
(vii) Power purchase agreements. 
(viii) Energy market structures. 
(ix) Capacity market structures. 
(x) Other barriers as may be identi-
fied by the Secretary, in coordination with 
the industrial sector and other stake-
holders. 
(B) Examples of— 
(i) successful State and Federal poli-
cies that resulted in greater use of indus-
trial energy efficiency; 
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(ii) successful private initiatives that 
resulted in greater use of industrial energy 
efficiency; and 
(iii) cost-effective policies used by for-
eign countries to foster industrial energy 
efficiency. 
(C) The estimated economic benefits to the 
national economy of providing the industrial 
sector with Federal energy efficiency matching 
grants of $5,000,000,000 for 5- and 10-year 
periods, including benefits relating to— 
(i) estimated energy and emission re-
ductions; 
(ii) direct and indirect jobs saved or 
created; 
(iii) direct and indirect capital invest-
ment; 
(iv) the gross domestic product; and 
(v) trade balance impacts. 
(D) The estimated energy savings available 
from increased use of recycled material in en-
ergy-intensive manufacturing processes. 
(3) RECOMMENDATIONS AND GUIDANCE.—The 
Secretary, in coordination with the industrial sector 
and other stakeholders, shall develop policy rec-
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ommendations regarding the deployment of indus-
trial energy efficiency, including proposed regulatory 
guidance to States and relevant Federal agencies to 
address barriers to deployment. 
SEC. 8. BEST PRACTICES FOR ADVANCED METERING. 
Section 543(e) of the National Energy Conservation 
Policy Act (42 U.S.C. 8253(e)) is amended by striking 
paragraph (3) and inserting the following: 
‘‘(3) PLAN.—Not later than 180 days after the 
date on which guidelines are established under para-
graph (2), in a report submitted by the agency 
under section 548(a), each agency shall submit to 
the Secretary a plan describing the manner in which 
the agency will implement the requirements of para-
graph (1), including— 
‘‘(A) how the agency will designate per-
sonnel primarily responsible for achieving the 
requirements; and 
‘‘(B) a demonstration by the agency, com-
plete with documentation, of any finding that 
advanced meters or advanced metering devices 
(as those terms are used in paragraph (1)), are 
not practicable. 
‘‘(4) BEST PRACTICES REPORT.— 
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‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this para-
graph, the Secretary of Energy, in consultation 
with the Secretary of Defense and the Adminis-
trator of General Services, shall develop, and 
issue a report on, best practices for the use of 
advanced metering of energy use in Federal fa-
cilities, buildings, and equipment by Federal 
agencies. 
‘‘(B) COMPONENTS.—The report shall in-
clude, at a minimum— 
‘‘(i) summaries and analysis of the re-
ports by agencies under paragraph (3); 
‘‘(ii) recommendations on standard re-
quirements or guidelines for automated en-
ergy management systems, including— 
‘‘(I) potential common commu-
nications standards to allow data 
sharing and reporting; 
‘‘(II) means of facilitating contin-
uous commissioning of buildings and 
evidence-based maintenance of build-
ings and building systems; and 
‘‘(III) standards for sufficient 
levels of security and protection 
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against cyber threats to ensure sys-
tems cannot be controlled by unau-
thorized persons; and 
‘‘(iii) an analysis of— 
‘‘(I) the types of advanced meter-
ing and monitoring systems being pi-
loted, tested, or installed in Federal 
buildings; and 
‘‘(II) existing techniques used 
within the private sector or other non- 
Federal government buildings.’’. 
SEC. 9. FEDERAL ENERGY MANAGEMENT AND DATA COL-
LECTION STANDARD. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended— 
(1) by redesignating the second subsection (f) 
(as added by section 434(a) of Public Law 110–140 
(121 Stat. 1614)) as subsection (g); and 
(2) in subsection (f)(7), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) IN GENERAL.—For each facility that 
meets the criteria established by the Secretary 
under paragraph (2)(B), the energy manager 
shall use the web-based tracking system under 
subparagraph (B)— 
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‘‘(i) to certify compliance with the re-
quirements for— 
‘‘(I) energy and water evalua-
tions under paragraph (3); 
‘‘(II) implementation of identified 
energy and water measures under 
paragraph (4); and 
‘‘(III) follow-up on implemented 
measures under paragraph (5); and 
‘‘(ii) to publish energy and water con-
sumption data on an individual facility 
basis.’’. 
SEC. 10. TECHNICAL CORRECTIONS. 
(a) TITLE III OF ENERGY INDEPENDENCE AND SE-
CURITY ACT OF 2007—ENERGY SAVINGS THROUGH IM-
PROVED STANDARDS FOR APPLIANCES AND LIGHTING.— 
(1) Section 325(u) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(u)) (as amended 
by section 301(c) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1550)) is amend-
ed— 
(A) by redesignating paragraph (7) as 
paragraph (4); and 
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(B) in paragraph (4) (as so redesignated), 
by striking ‘‘supplies is’’ and inserting ‘‘supply 
is’’. 
(2) Section 302(b) of the Energy Independence 
and Security Act of 2007 (121 Stat. 1551) is 
amended by striking ‘‘6313(a)’’ and inserting 
‘‘6314(a)’’. 
(3) Section 342(a)(6) of the Energy Policy and 
Conservation Act (42 U.S.C. 6313(a)(6)) (as amend-
ed by section 305(b)(2) of the Energy Independence 
and Security Act of 2007 (121 Stat. 1554)) is 
amended— 
(A) in subparagraph (B)— 
(i) by striking ‘‘If the Secretary’’ and 
inserting the following: 
‘‘(i) IN GENERAL.—If the Secretary’’; 
(ii) by striking ‘‘clause (ii)(II)’’ and 
inserting ‘‘subparagraph (A)(ii)(II)’’; 
(iii) by striking ‘‘clause (i)’’ and in-
serting ‘‘subparagraph (A)(i)’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(ii) 
FACTORS.—In 
determining 
whether a standard is economically justi-
fied for the purposes of subparagraph 
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(A)(ii)(II), the Secretary shall, after receiv-
ing views and comments furnished with re-
spect to the proposed standard, determine 
whether the benefits of the standard ex-
ceed the burden of the proposed standard 
by, to the maximum extent practicable, 
considering— 
‘‘(I) the economic impact of the 
standard on the manufacturers and 
on the consumers of the products sub-
ject to the standard; 
‘‘(II) the savings in operating 
costs throughout the estimated aver-
age life of the product in the type (or 
class) compared to any increase in the 
price of, or in the initial charges for, 
or maintenance expenses of, the prod-
ucts that are likely to result from the 
imposition of the standard; 
‘‘(III) the total projected quan-
tity of energy savings likely to result 
directly from the imposition of the 
standard; 
‘‘(IV) any lessening of the utility 
or the performance of the products 
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likely to result from the imposition of 
the standard; 
‘‘(V) the impact of any lessening 
of competition, as determined in writ-
ing by the Attorney General, that is 
likely to result from the imposition of 
the standard; 
‘‘(VI) the need for national en-
ergy conservation; and 
‘‘(VII) other factors the Sec-
retary considers relevant. 
‘‘(iii) ADMINISTRATION.— 
‘‘(I) ENERGY
USE
AND
EFFI-
CIENCY.—The Secretary may not pre-
scribe any amended standard under 
this paragraph that increases the 
maximum allowable energy use, or de-
creases the minimum required energy 
efficiency, of a covered product. 
‘‘(II) UNAVAILABILITY.— 
‘‘(aa) IN
GENERAL.—The 
Secretary may not prescribe an 
amended standard under this 
subparagraph if the Secretary 
finds (and publishes the finding) 
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that interested persons have es-
tablished by a preponderance of 
the evidence that a standard is 
likely to result in the unavail-
ability in the United States in 
any product type (or class) of 
performance characteristics (in-
cluding reliability, features, sizes, 
capacities, and volumes) that are 
substantially the same as those 
generally available in the United 
States at the time of the finding 
of the Secretary. 
‘‘(bb) OTHER
TYPES
OR 
CLASSES.—The failure of some 
types (or classes) to meet the cri-
terion established under this sub-
clause shall not affect the deter-
mination of the Secretary on 
whether to prescribe a standard 
for the other types or classes.’’; 
and 
(B) in subparagraph (C)(iv), by striking 
‘‘An amendment prescribed under this sub-
section’’ and inserting ‘‘Notwithstanding sub-
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paragraph (D), an amendment prescribed under 
this subparagraph’’. 
(4) Section 342(a)(6)(B)(iii) of the Energy Pol-
icy and Conservation Act (as added by section 
306(c) of the Energy Independence and Security Act 
of 2007 (121 Stat. 1559)) is transferred and redes-
ignated as clause (vi) of section 342(a)(6)(C) of the 
Energy Policy and Conservation Act (as amended by 
section 305(b)(2) of the Energy Independence and 
Security Act of 2007 (121 Stat. 1554)). 
(5) Section 345 of the Energy Policy and Con-
servation Act (42 U.S.C. 6316) (as amended by sec-
tion 312(e) of the Energy Independence and Secu-
rity Act of 2007 (121 Stat. 1567)) is amended— 
(A) 
by 
striking 
‘‘subparagraphs 
(B) 
through (G)’’ each place it appears and insert-
ing ‘‘subparagraphs (B), (C), (D), (I), (J), and 
(K)’’; 
(B) by striking ‘‘part A’’ each place it ap-
pears and inserting ‘‘part B’’; 
(C) in subsection (a)— 
(i) in paragraph (8), by striking 
‘‘and’’ at the end; 
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(ii) in paragraph (9), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(10) section 327 shall apply with respect to 
the equipment described in section 340(1)(L) begin-
ning on the date on which a final rule establishing 
an energy conservation standard is issued by the 
Secretary, except that any State or local standard 
prescribed or enacted for the equipment before the 
date on which the final rule is issued shall not be 
preempted until the energy conservation standard 
established by the Secretary for the equipment takes 
effect.’’; 
(D) in subsection (b)(1), by striking ‘‘sec-
tion 
325(p)(5)’’ 
and 
inserting 
‘‘section 
325(p)(4)’’; and 
(E) in subsection (h)(3), by striking ‘‘sec-
tion 
342(f)(3)’’ 
and 
inserting 
‘‘section 
342(f)(4)’’. 
(6) Section 321(30)(D)(i)(III) of the Energy 
Policy 
and 
Conservation 
Act 
(42 
U.S.C. 
6291(30)(D)(i)(III)) 
(as 
amended 
by 
section 
321(a)(1)(A) of the Energy Independence and Secu-
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(b) ENERGY POLICY ACT OF 2005.— 
(1) Section 325(g)(8)(C)(ii) of the Energy Pol-
icy 
and 
Conservation 
Act 
(42 
U.S.C. 
6295(g)(8)(C)(ii)) (as added by section 135(c)(2)(B) 
of the Energy Policy Act of 2005) is amended by 
striking ‘‘20°F’’ and inserting ‘‘negative 20°F’’. 
(2) This subsection and the amendment made 
by this subsection take effect as if included in the 
Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 594). 
(c) ENERGY POLICY AND CONSERVATION ACT.— 
(1) Section 340(2)(B) of the Energy Policy and 
Conservation Act (42 U.S.C. 6311(2)(B)) is amend-
ed— 
(A) in clause (xi), by striking ‘‘and’’ at the 
end; 
(B) in clause (xii), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(xiii) other motors.’’. 
(2) Section 343(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6314(a)) is amended 
by striking ‘‘Air-Conditioning and Refrigeration In-
stitute’’ each place it appears in paragraphs (4)(A) 
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and (7) and inserting ‘‘Air-Conditioning, Heating, 
and Refrigeration Institute’’. 
Passed the House of Representatives December 4, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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