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adversely impact air quality as a result of
changes in vehicle and engine emissions of air
pollutants regulated under this Act.
‘‘(B) CONSIDERATIONS.—The study shall
include consideration of—
‘‘(i) different blend levels, types of re-
newable fuels, and available vehicle tech-
nologies; and
‘‘(ii) appropriate national, regional,
and local air quality control measures.
‘‘(2) REGULATIONS.—Not later than 3 years
after the date of enactment of the Renewable Fuels,
Consumer Protection, and Energy Efficiency Act of
2007, the Administrator shall—
‘‘(A) promulgate regulations to implement
appropriate measures to mitigate, to the greatest
extent achievable, considering the results of the
study under paragraph (1), any adverse impacts
on air quality, as the result of the renewable vol-
umes required by that Act; or
‘‘(B) make a determination that no such
measures are necessary.
‘‘(3) OTHER REQUIREMENTS.—Nothing in title I
of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007 supercedes or otherwise
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affects any Federal or State requirement under any
other provision of law that is more stringent than
any requirement of this title.’’.
TITLE II—ENERGY EFFICIENCY
PROMOTION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Energy Efficiency Pro-
motion Act of 2007’’.
SEC. 202. DEFINITION OF SECRETARY.
In this title, the term ‘‘Secretary’’ means the Secretary
of Energy.
Subtitle A—Promoting Advanced
Lighting Technologies
SEC. 211. ACCELERATED PROCUREMENT OF ENERGY EFFI-
CIENT LIGHTING.
Section 553 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8259b) is amended by adding the fol-
lowing:
‘‘(f) ACCELERATED PROCUREMENT OF ENERGY EFFI-
CIENT LIGHTING.—
‘‘(1) IN GENERAL.—Not later than October 1,
2013, in accordance with guidelines issued by the Sec-
retary, all general purpose lighting in Federal build-
ings shall be Energy Star products or products des-
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ignated under the Federal Energy Management Pro-
gram.
‘‘(2) GUIDELINES.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of this subsection, the
Secretary shall issue guidelines to carry out this
subsection.
‘‘(B) REPLACEMENT COSTS.—The guidelines
shall take into consideration the costs of replac-
ing all general service lighting and the reduced
cost of operation and maintenance expected to
result from such replacement.’’.
SEC. 212. INCANDESCENT REFLECTOR LAMP EFFICIENCY
STANDARDS.
(a) DEFINITIONS.—Section 321 of the Energy Policy
and Conservation Act (42 U.S.C. 6291) is amended—
(1) in paragraph (30)(C)(ii)—
(A) in the matter preceding subclause (I)—
(i) by striking ‘‘or similar bulb shapes
(excluding ER or BR)’’ and inserting ‘‘ER,
BR, BPAR, or similar bulb shapes’’; and
(ii) by striking ‘‘2.75’’ and inserting
‘‘2.25’’; and
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(B) by striking ‘‘is either—’’ and all that
follows through subclause (II) and inserting ‘‘has
a rated wattage that is 40 watts or higher’’; and
(2) by adding at the end the following:
‘‘(52) 
BPAR 
INCANDESCENT
REFLECTOR
LAMP.—The term ‘BPAR incandescent reflector lamp’
means a reflector lamp as shown in figure C78.21–
278 on page 32 of ANSI C78.21–2003.
‘‘(53) BR INCANDESCENT
REFLECTOR
LAMP;
BR30; BR40.—
‘‘(A) 
BR 
INCANDESCENT
REFLECTOR
LAMP.—The term ‘BR incandescent reflector
lamp’ means a reflector lamp that has—
‘‘(i) a bulged section below the major
diameter of the bulb and above the approxi-
mate baseline of the bulb, as shown in fig-
ure 1 (RB) on page 7 of ANSI C79.1–1994,
incorporated by reference in section 430.22
of title 10, Code of Federal Regulations (as
in effect on the date of enactment of this
paragraph); and
‘‘(ii) a finished size and shape shown
in ANSI C78.21–1989, including the ref-
erenced reflective characteristics in part 7 of
ANSI C78.21–1989, incorporated by ref-
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erence in section 430.22 of title 10, Code of
Federal Regulations (as in effect on the date
of enactment of this paragraph).
‘‘(B) BR30.—The term ‘BR30’ means a BR
incandescent reflector lamp with a diameter of
30/8ths of an inch.
‘‘(C) BR40.—The term ‘BR40’ means a BR
incandescent reflector lamp with a diameter of
40/8ths of an inch.
‘‘(54) ER INCANDESCENT
REFLECTOR
LAMP;
ER30; ER40.—
‘‘(A) 
ER 
INCANDESCENT
REFLECTOR
LAMP.—The term ‘ER incandescent reflector
lamp’ means a reflector lamp that has—
‘‘(i) an elliptical section below the
major diameter of the bulb and above the
approximate baseline of the bulb, as shown
in figure 1 (RE) on page 7 of ANSI C79.1–
1994, incorporated by reference in section
430.22 of title 10, Code of Federal Regula-
tions (as in effect on the date of enactment
of this paragraph); and
‘‘(ii) a finished size and shape shown
in ANSI C78.21–1989, incorporated by ref-
erence in section 430.22 of title 10, Code of
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Federal Regulations (as in effect on the date
of enactment of this paragraph).
‘‘(B) ER30.—The term ‘ER30’ means an
ER incandescent reflector lamp with a diameter
of 30/8ths of an inch.
‘‘(C) ER40.—The term ‘ER40’ means an
ER incandescent reflector lamp with a diameter
of 40/8ths of an inch.
‘‘(55) R20 INCANDESCENT REFLECTOR LAMP.—
The term ‘R20 incandescent reflector lamp’ means a
reflector lamp that has a face diameter of approxi-
mately 2.5 inches, as shown in figure 1(R) on page
7 of ANSI C79.1–1994.’’.
(b) STANDARDS FOR FLUORESCENT LAMPS AND IN-
CANDESCENT REFLECTOR LAMPS.—Section 325(i) of the
Energy Policy and Conservation Act (42 U.S.C. 6925(i))
is amended by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) STANDARDS.—
‘‘(A) DEFINITION OF EFFECTIVE DATE.—In
this paragraph (other than subparagraph (D)),
the term ‘effective date’ means, with respect to
each type of lamp specified in a table contained
in subparagraph (B), the last day of the period
of months corresponding to that type of lamp (as
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specified in the table) that follows October 24,
1992.
‘‘(B) MINIMUM
STANDARDS.—Each of the
following general service fluorescent lamps and
incandescent reflector lamps manufactured after
the effective date specified in the tables contained
in this paragraph shall meet or exceed the fol-
lowing lamp efficacy and CRI standards:
‘‘FLUORESCENT LAMPS
Lamp Type
Nominal
Lamp
Wattage
Minimum
CRI
Minimum Average
Lamp Efficacy
(LPW)
Effective
Date (Pe-
riod of
Months)
4-foot medium bi-pin ...................
>35 W
75.0
≤35 W
75.0
2-foot U-shaped .............................
>35 W
68.0
≤35 W
64.0
8-foot slimline ...............................
65 W
80.0
≤65 W
80.0
8-foot high output .........................
>100 W
80.0
≤100 W
80.0
‘‘INCANDESCENT REFLECTOR LAMPS
Nominal Lamp Wattage
Minimum Average
Lamp Efficacy
(LPW)
Effective
Date (Pe-
riod of
Months)
40–50 .............................................................................................
10.5
51–66 .............................................................................................
11.0
67–85 .............................................................................................
12.5
86–115 ...........................................................................................
14.0
116–155 ...........................................................................................
14.5
156–205 ...........................................................................................
15.0
‘‘(C) EXEMPTIONS.—The standards speci-
fied in subparagraph (B) shall not apply to the
following types of incandescent reflector lamps:
‘‘(i) Lamps rated at 50 watts or less
that are ER30, BR30, BR40, or ER40
lamps.
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‘‘(ii) Lamps rated at 65 watts that are
BR30, BR40, or ER40 lamps.
‘‘(iii) R20 incandescent reflector lamps
rated 45 watts or less.
‘‘(D) EFFECTIVE DATES.—
‘‘(i) ER, BR, AND BPAR LAMPS.—The
standards specified in subparagraph (B)
shall apply with respect to ER incandescent
reflector lamps, BR incandescent reflector
lamps, BPAR incandescent reflector lamps,
and similar bulb shapes on and after Janu-
ary 1, 2008.
‘‘(ii) 
LAMPS
BETWEEN
2.25–2.75
INCHES IN DIAMETER.—The standards spec-
ified in subparagraph (B) shall apply with
respect to incandescent reflector lamps with
a diameter of more than 2.25 inches, but
not more than 2.75 inches, on and after
January 1, 2008.’’.
SEC. 213. BRIGHT TOMORROW LIGHTING PRIZES.
(a) ESTABLISHMENT.—Not later than 1 year after the
date of enactment of this Act, as part of the program carried
out under section 1008 of the Energy Policy Act of 2005
(42 U.S.C. 16396), the Secretary shall establish and award
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Bright Tomorrow Lighting Prizes for solid state lighting
in accordance with this section.
(b) PRIZE SPECIFICATIONS.—
(1) 60-WATT INCANDESCENT REPLACEMENT LAMP
PRIZE.—The Secretary shall award a 60-Watt Incan-
descent Replacement Lamp Prize to an entrant that
produces a solid-state light package simultaneously
capable of—
(A) producing a luminous flux greater than
900 lumens;
(B) consuming less than or equal to 10
watts;
(C) having an efficiency greater than 90
lumens per watt;
(D) having a color rendering index greater
than 90;
(E) having a correlated color temperature of
not less than 2,750, and not more than 3,000, de-
grees Kelvin;
(F) having 70 percent of the lumen value
under subparagraph (A) exceeding 25,000 hours
under typical conditions expected in residential
use;
(G) having a light distribution pattern
similar to a soft 60-watt incandescent A19 bulb;
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(H) having a size and shape that fits with-
in the maximum dimensions of an A19 bulb in
accordance with American National Standards
Institute standard C78.20–2003, figure C78.20–
211;
(I) using a single contact medium screw
socket; and
(J) mass production for a competitive sales
commercial market satisfied by the submission of
10,000 such units equal to or exceeding the cri-
teria described in subparagraphs (A) through (I).
(2) PAR TYPE 38 HALOGEN REPLACEMENT LAMP
PRIZE.—The Secretary shall award a Parabolic Alu-
minized Reflector Type 38 Halogen Replacement
Lamp Prize (referred to in this section as the ‘‘PAR
Type 38 Halogen Replacement Lamp Prize’’) to an
entrant that produces a solid-state-light package si-
multaneously capable of—
(A) producing a luminous flux greater than
or equal to 1,350 lumens;
(B) consuming less than or equal to 11
watts;
(C) having an efficiency greater than 123
lumens per watt;
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(D) having a color rendering index greater
than or equal to 90;
(E) having a correlated color coordinate
temperature of not less than 2,750, and not more
than 3,000, degrees Kelvin;
(F) having 70 percent of the lumen value
under subparagraph (A) exceeding 25,000 hours
under typical conditions expected in residential
use;
(G) having a light distribution pattern
similar to a PAR 38 halogen lamp;
(H) having a size and shape that fits with-
in the maximum dimensions of a PAR 38 halo-
gen lamp in accordance with American National
Standards Institute standard C78–21–2003, fig-
ure C78.21–238;
(I) using a single contact medium screw
socket; and
(J) mass production for a competitive sales
commercial market satisfied by the submission of
10,000 such units equal to or exceeding the cri-
teria described in subparagraphs (A) through (I).
(3) TWENTY-FIRST CENTURY LAMP PRIZE.—The
Secretary shall award a Twenty-First Century Lamp
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Prize to an entrant that produces a solid-state-light-
light capable of—
(A) producing a light output greater than
1,200 lumens;
(B) having an efficiency greater than 150
lumens per watt;
(C) having a color rendering index greater
than 90;
(D) having a color coordinate temperature
between 2,800 and 3,000 degrees Kelvin; and
(E) having a lifetime exceeding 25,000
hours.
(c) PRIVATE FUNDS.—The Secretary may accept and
use funding from private sources as part of the prizes
awarded under this section.
(d) TECHNICAL REVIEW.—The Secretary shall estab-
lish a technical review committee composed of non-Federal
officers to review entrant data submitted under this section
to determine whether the data meets the prize specifications
described in subsection (b).
(e) THIRD PARTY ADMINISTRATION.—The Secretary
may competitively select a third party to administer
awards under this section.
(f) AWARD AMOUNTS.—Subject to the availability of
funds to carry out this section, the amount of—
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(1) the 60-Watt Incandescent Replacement Lamp
Prize 
described 
in 
subsection 
(b)(1) 
shall 
be
$10,000,000;
(2) the PAR Type 38 Halogen Replacement
Lamp Prize described in subsection (b)(2) shall be
$5,000,000; and
(3) the Twenty-First Century Lamp Prize de-
scribed in subsection (b)(3) shall be $5,000,000.
(g) 
FEDERAL
PROCUREMENT
OF
SOLID-STATE-
LIGHTS.—
(1) 60-WATT
INCANDESCENT
REPLACEMENT.—
Subject to paragraph (3), as soon as practicable after
the successful award of the 60-Watt Incandescent Re-
placement Lamp Prize under subsection (b)(1), the
Secretary (in consultation with the Administrator of
General Services) shall develop governmentwide Fed-
eral purchase guidelines with a goal of replacing the
use of 60-watt incandescent lamps in Federal Govern-
ment buildings with a solid-state-light package de-
scribed in subsection (b)(1) by not later than the date
that is 5 years after the date the award is made.
(2) PAR 38 HALOGEN REPLACEMENT LAMP RE-
PLACEMENT.—Subject to paragraph (3), as soon as
practicable after the successful award of the PAR
Type 38 Halogen Replacement Lamp Prize under
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subsection (b)(2), the Secretary (in consultation with
the Administrator of General Services) shall develop
governmentwide Federal purchase guidelines with the
goal of replacing the use of PAR 38 halogen lamps in
Federal Government buildings with a solid-state-light
package described in subsection (b)(2) by not later
than the date that is 5 years after the date the award
is made.
(3) WAIVERS.—
(A) IN GENERAL.—The Secretary or the Ad-
ministrator of General Services may waive the
application of paragraph (1) or (2) if the Sec-
retary or Administrator determines that the re-
turn on investment from the purchase of a solid-
state-light package described in paragraph (1) or
(2) of subsection (b), respectively, is cost prohibi-
tive.
(B) REPORT OF WAIVER.—If the Secretary
or Administrator waives the application of para-
graph (1) or (2), the Secretary or Administrator,
respectively, shall submit to Congress an annual
report that describes the waiver and provides a
detailed justification for the waiver.
(h) REPORT.—Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the Ad-
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ministrator of General Services shall submit to the Energy
Information Agency a report describing the quantity, type,
and cost of each lighting product purchased by the Federal
Government.
(i) BRIGHT LIGHT TOMORROW AWARD FUND.—
(1) ESTABLISHMENT.—There is established in
the United States Treasury a Bright Light Tomorrow
permanent fund without fiscal year limitation to
award prizes under paragraphs (1), (2), and (3) of
subsection (b).
(2) SOURCES OF FUNDING.—The fund established
under paragraph (1) shall accept—
(A) fiscal year appropriations; and
(B) private contributions authorized under
subsection (c).
(j) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
SEC. 214. SENSE OF SENATE CONCERNING EFFICIENT
LIGHTING STANDARDS.
(a) FINDINGS.—The Senate finds that—
(1) there are approximately 4,000,000,000 screw-
based sockets in the United States that contain tradi-
tional, energy-inefficient, incandescent light bulbs;
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(2) incandescent light bulbs are based on tech-
nology that is more than 125 years old;
(3) there are radically more efficient lighting al-
ternatives in the market, with the promise of even
more choices over the next several years;
(4) national policy can support a rapid substi-
tution of new, energy-efficient light bulbs for the less
efficient products in widespread use; and,
(5) transforming the United States market to use
of more efficient lighting technologies can—
(A) reduce electric costs in the United
States by more than $18,000,000,000 annually;
(B) save the equivalent electricity that is
produced by 80 base load coal-fired power
plants; and
(C) reduce fossil fuel related emissions by
approximately 158,000,000 tons each year.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the Senate should—
(1) pass a set of mandatory, technology-neutral
standards to establish firm energy efficiency perform-
ance targets for lighting products;
(2) ensure that the standards become effective
within the next 10 years; and
(3) in developing the standards—
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(A) establish the efficiency requirements to
ensure that replacement lamps will provide con-
sumers with the same quantity of light while
using significantly less energy;
(B) ensure that consumers will continue to
have multiple product choices, including energy-
saving halogen, incandescent, compact fluores-
cent, and LED light bulbs; and
(C) work with industry and key stake-
holders on measures that can assist consumers
and businesses in making the important transi-
tion to more efficient lighting.
SEC. 215. RENEWABLE ENERGY CONSTRUCTION GRANTS.
(a) DEFINITIONS.—In this section:
(1) ALASKA SMALL HYDROELECTRIC POWER.—
The term ‘‘Alaska small hydroelectric power’’ means
power that—
(A) is generated—
(i) in the State of Alaska;
(ii) without the use of a dam or im-
poundment of water; and
(iii) through the use of—
(I) a lake tap (but not a perched
alpine lake); or
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(II) a run-of-river screened at the
point of diversion; and
(B) has a nameplate capacity rating of a
wattage that is not more than 15 megawatts.
(2) ELIGIBLE
APPLICANT.—The term ‘‘eligible
applicant’’ means any—
(A) governmental entity;
(B) private utility;
(C) public utility;
(D) municipal utility;
(E) cooperative utility;
(F) Indian tribes; and
(G) Regional Corporation (as defined in
section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602)).
(3) OCEAN ENERGY.—
(A) INCLUSIONS.—The term ‘‘ocean energy’’
includes current, wave, and tidal energy.
(B) EXCLUSION.—The term ‘‘ocean energy’’
excludes thermal energy.
(4) RENEWABLE ENERGY PROJECT.—The term
‘‘renewable energy project’’ means a project—
(A) for the commercial generation of elec-
tricity; and
(B) that generates electricity from—
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(i) solar, wind, or geothermal energy
or ocean energy;
(ii) biomass (as defined in section
203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b)));
(iii) landfill gas; or
(iv) Alaska small hydroelectric power.
(b) RENEWABLE ENERGY CONSTRUCTION GRANTS.—
(1) IN
GENERAL.—The Secretary shall use
amounts appropriated under this section to make
grants for use in carrying out renewable energy
projects.
(2) CRITERIA.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall set
forth criteria for use in awarding grants under this
section.
(3) APPLICATION.—To receive a grant from the
Secretary under paragraph (1), an eligible applicant
shall submit to the Secretary an application at such
time, in such manner, and containing such informa-
tion as the Secretary may require, including a writ-
ten assurance that—
(A) all laborers and mechanics employed by
contractors or subcontractors during construc-
tion, alteration, or repair that is financed, in
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whole or in part, by a grant under this section
shall be paid wages at rates not less than those
prevailing on similar construction in the local-
ity, as determined by the Secretary of Labor in
accordance with sections 3141–3144, 3146, and
3147 of title 40, United States Code; and
(B) the Secretary of Labor shall, with re-
spect to the labor standards described in this
paragraph, have the authority and functions set
forth in Reorganization Plan Numbered 14 of
1950 (5 U.S.C. App.) and section 3145 of title
40, United States Code.
(4) NON-FEDERAL SHARE.—Each eligible appli-
cant that receives a grant under this subsection shall
contribute to the total cost of the renewable energy
project constructed by the eligible applicant an
amount not less than 50 percent of the total cost of
the project.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Fund such sums as
are necessary to carry out this section.
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Subtitle B—Expediting New Energy
Efficiency Standards
SEC. 221. 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—
‘‘(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 procedures
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
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‘‘(iii) 
for 
clothes 
washers 
and
dishwashers—
‘‘(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.
‘‘(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 enact-
ment of this subclause; or
‘‘(II) as part of a consensus agree-
ment under section 325(hh); 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 cov-
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ered product, unless regulation of the component
is authorized or established pursuant to this
title.’’.
SEC. 222. REGIONAL EFFICIENCY STANDARDS FOR HEAT-
ING AND COOLING PRODUCTS.
(a) IN GENERAL.—Section 327 of the Energy Policy
and Conservation Act (42 U.S.C. 6297) is amended—
(1) by redesignating subsections (e), (f), and (g)
as subsections (f), (g), and (h), respectively; and
(2) by inserting after subsection (d) the fol-
lowing:
‘‘(e) REGIONAL EFFICIENCY STANDARDS FOR HEATING
AND COOLING PRODUCTS.—
‘‘(1) IN GENERAL.—
‘‘(A) DETERMINATION.—The Secretary may
determine, after notice and comment, that more
stringent Federal energy conservation standards
are appropriate for furnaces, boilers, or central
air conditioning equipment than applicable Fed-
eral energy conservation standards.
‘‘(B) FINDING.—The Secretary may deter-
mine that more stringent standards are appro-
priate for up to 2 different regions only after
finding that the regional standards—
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‘‘(i) would contribute to energy savings
that are substantially greater than that of a
single national energy standard; and
‘‘(ii) are economically justified.
‘‘(C) REGIONS.—On making a determina-
tion described in subparagraph (B), the Sec-
retary shall establish the regions so that the more
stringent standards would achieve the maximum
level of energy savings that is technologically fea-
sible and economically justified.
‘‘(D) FACTORS.—In determining the appro-
priateness of 1 or more regional standards for
furnaces, boilers, and central and commercial air
conditioning equipment, the Secretary shall con-
sider all of the factors described in paragraphs
(1) through (4) of section 325(o).
‘‘(2) STATE
PETITION.—After a determination
made by the Secretary under paragraph (1), a State
may petition the Secretary requesting a rule that a
State regulation that establishes a standard for fur-
naces, boilers, or central air conditioners become effec-
tive at a level determined by the Secretary to be ap-
propriate for the region that includes the State.
‘‘(3) RULE.—Subject to paragraphs (4) through
(7), the Secretary may issue the rule during the pe-
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riod described in paragraph (4) and after consider-
ation of the petition and the comments of interested
persons.
‘‘(4) PROCEDURE.—
‘‘(A) NOTICE.—The Secretary shall provide
notice of any petition filed under paragraph (2)
and afford interested persons a reasonable oppor-
tunity to make written comments, including re-
buttal comments, on the petition.
‘‘(B) DECISION.—Except as provided in
subparagraph (C), during the 180-day period be-
ginning on the date on which the petition is
filed, the Secretary shall issue the requested rule
or deny the petition.
‘‘(C) EXTENSION.—The Secretary may pub-
lish in the Federal Register a notice—
‘‘(i) extending the period to a specified
date, but not longer than 1 year after the
date on which the petition is filed; and
‘‘(ii) describing the reasons for the
delay.
‘‘(D) DENIALS.—If the Secretary denies a
petition under this subsection, the Secretary
shall publish in the Federal Register notice of,
and the reasons for, the denial.
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‘‘(5) FINDING OF SIGNIFICANT BURDEN ON MAN-
UFACTURING, MARKETING, DISTRIBUTION, SALE, OR
SERVICING
OF
COVERED
PRODUCT
ON
NATIONAL
BASIS.—
‘‘(A) IN GENERAL.—The Secretary may not
issue a rule under this subsection if the Secretary
finds (and publishes the finding) that interested
persons have established, by a preponderance of
the evidence, that the State regulation will sig-
nificantly burden manufacturing, marketing,
distribution, sale, or servicing of a covered prod-
uct on a national basis.
‘‘(B) FACTORS.—In determining whether to
make a finding described in subparagraph (A),
the Secretary shall evaluate all relevant factors,
including—
‘‘(i) the extent to which the State regu-
lation will increase manufacturing or dis-
tribution costs of manufacturers, distribu-
tors, and others;
‘‘(ii) the extent to which the State reg-
ulation will disadvantage smaller manufac-
turers, distributors, or dealers or lessen com-
petition in the sale of the covered product in
the State; and
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conservation standard concerning the product is
amended pursuant to section 325, any person
subject to the State regulation may file a peti-
tion with the Secretary requesting the Secretary
to withdraw the rule issued under paragraph (3)
with respect to the product in the State.
‘‘(B) BURDEN
OF
PROOF.—The Secretary
shall consider the petition in accordance with
paragraph (5) and the burden shall be on the pe-
titioner to show by a preponderance of the evi-
dence that the rule received by the State under
paragraph (3) should be withdrawn as a result
of the amendment to the Federal standard.
‘‘(C) WITHDRAWAL.—If the Secretary deter-
mines that the petitioner has shown that the rule
issued by the Secretary under paragraph (3)
should be withdrawn in accordance with sub-
paragraph (B), the Secretary shall withdraw the
rule.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 327 of the Energy Policy and Con-
servation Act (42 U.S.C. 6297) is amended—
(A) in subsection (b)—
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(i) in paragraph (2), by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’;
and
(ii) in paragraph (3)—
(I) by striking ‘‘subsection (f)(1)’’
and inserting ‘‘subsection (g)(1)’’; and
(II) by striking ‘‘subsection (f)(2)’’
and inserting ‘‘subsection (g)(2)’’; and
(B) in subsection (c)(3), by striking ‘‘sub-
section (f)(3)’’ and inserting ‘‘subsection (g)(3)’’.
(2) Section 345(b)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6316(b)(2)) is amended
by adding at the end the following:
‘‘(E) RELATIONSHIP
TO
CERTAIN
STATE
REGULATIONS.—Notwithstanding subparagraph
(A), a standard prescribed or established under
section 342(a) with respect to the equipment
specified in subparagraphs (B), (C), (D), (H),
(I), and (J) of section 340 shall not supersede a
State regulation that is effective under the terms,
conditions, criteria, procedures, and other re-
quirements of section 327(e).’’.
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SEC. 223. FURNACE FAN RULEMAKING.
Section 325(f)(3) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6295(f)(3)) is amended by adding at
the end the following:
‘‘(E) FINAL RULE.—
‘‘(i) IN GENERAL.—The Secretary shall
publish a final rule to carry out this sub-
section not later than December 31, 2014.
‘‘(ii) CRITERIA.—The standards shall
meet the criteria established under sub-
section (o).’’.
SEC. 224. EXPEDITED RULEMAKINGS.
(a) PROCEDURE FOR PRESCRIBING NEW OR AMENDED
STANDARDS.—Section 325(p) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(p)) is amended by add-
ing at the end the following:
‘‘(5) DIRECT FINAL RULES.—
‘‘(A) IN GENERAL.—On receipt of a state-
ment that is submitted jointly by interested per-
sons that are fairly representative of relevant
points of view (including representatives of man-
ufacturers of covered products, States, and effi-
ciency advocates), as determined by the Sec-
retary, and contains recommendations with re-
spect to an energy or water conservation
standard—
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‘‘(i) if the Secretary determines that
the recommended standard contained in the
statement is in accordance with subsection
(o) or section 342(a)(6)(B), as applicable,
the Secretary may issue a final rule that es-
tablishes an energy or water conservation
standard and is published simultaneously
with a notice of proposed rulemaking that
proposes a new or amended energy or water
conservation standard that is identical to
the standard established in the final rule to
establish the recommended standard (re-
ferred to in this paragraph as a ‘direct
final rule’); or
‘‘(ii) if the Secretary determines that a
direct final rule cannot be issued based on
the statement, the Secretary shall publish a
notice of the determination, together with
an explanation of the reasons for the deter-
mination.
‘‘(B) PUBLIC
COMMENT.—The Secretary
shall—
‘‘(i) solicit public comment with re-
spect to each direct final rule issued by the
Secretary under subparagraph (A)(i); and
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‘‘(ii) publish a response to each com-
ment so received.
‘‘(C) 
WITHDRAWAL
OF
DIRECT
FINAL
RULES.—
‘‘(i) IN GENERAL.—Not later than 120
days after the date on which a direct final
rule issued under subparagraph (A)(i) is
published in the Federal Register, the Sec-
retary shall withdraw the direct final rule
if—
‘‘(I) the Secretary receives 1 or
more adverse public comments relating
to the direct final rule under subpara-
graph (B)(i); and
‘‘(II) based on the complete rule-
making record relating to the direct
final rule, the Secretary tentatively de-
termines that the adverse public com-
ments are relevant under subsection
(o), section 342(a)(6)(B), or any other
applicable law.
‘‘(ii) ACTION
ON
WITHDRAWAL.—On
withdrawal of a direct final rule under
clause (i), the Secretary shall—
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‘‘(I) proceed with the notice of
proposed rulemaking published simul-
taneously with the direct final rule as
described in subparagraph (A)(i); and
‘‘(II) publish in the Federal Reg-
ister the reasons why the direct final
rule was withdrawn.
‘‘(iii) TREATMENT OF WITHDRAWN DI-
RECT
FINAL
RULES.—A direct final rule
that is withdrawn under clause (i) shall not
be considered to be a final rule for purposes
of subsection (o).
‘‘(D) EFFECT OF PARAGRAPH.—Nothing in
this paragraph authorizes the Secretary to issue
a direct final rule based solely on receipt of more
than 1 statement containing recommended
standards relating to the direct final rule.’’.
(b) CONFORMING AMENDMENT.—Section 345(b)(1) of
the Energy Policy and Conservation Act (42 U.S.C.
6316(b)(1)) is amended in the first sentence by inserting
‘‘section 325(p)(5),’’ after ‘‘The provisions of’’.
SEC. 225. PERIODIC REVIEWS.
(a) TEST PROCEDURES.—Section 323(b)(1) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6293(b)(1))
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is amended by striking ‘‘(1)’’ and all that follows through
the end of the paragraph and inserting the following:
‘‘(1) TEST PROCEDURES.—
‘‘(A) AMENDMENT.—At least once every 7
years, the Secretary shall review test procedures
for all covered products and—
‘‘(i) amend test procedures with respect
to any covered product, if the Secretary de-
termines that amended test procedures
would more accurately or fully comply with
the requirements of paragraph (3); or
‘‘(ii) publish notice in the Federal Reg-
ister of any determination not to amend a
test procedure.’’.
(b) ENERGY
CONSERVATION
STANDARDS.—Section
325(m) of the Energy Policy and Conservation Act (42
U.S.C. 6295(m)) is amended—
(1) by designating the first and second sentences
as paragraphs (1) and (4), respectively;
(2) by striking paragraph (1) (as so designated)
and inserting the following:
‘‘(1) IN
GENERAL.—After issuance of the last
final rules required for a product under this part, the
Secretary shall, not later than 5 years after the date
of issuance of a final rule establishing or amending
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a standard or determining not to amend a standard,
publish a final rule to determine whether standards
for the product should or should not be amended based
on the criteria in subsection (n)(2).
‘‘(2) ANALYSIS.—Prior to publication of the de-
termination, the Secretary shall publish a notice of
availability describing the analysis of the Department
and provide opportunity for written comment.
‘‘(3) FINAL RULE.—Not later than 3 years after
a positive determination under paragraph (1), the
Secretary shall publish a final rule amending the
standard for the product.’’; and
(3) in paragraph (4) (as so designated), by strik-
ing ‘‘(4) An’’ and inserting the following:
‘‘(4) APPLICATION OF AMENDMENT.—An’’.
(c) STANDARDS.—Section 342(a)(6) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6313(a)(6)) is amend-
ed by striking ‘‘(6)(A)(i)’’ and all that follows through the
end of subparagraph (A) and inserting the following:
‘‘(6) AMENDED
ENERGY
EFFICIENCY
STAND-
ARDS.—
‘‘(A) IN GENERAL.—
‘‘(i) ANALYSIS OF POTENTIAL ENERGY
SAVINGS.—If ASHRAE/IES Standard 90.1
is amended with respect to any small com-
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mercial package air conditioning and heat-
ing equipment, large commercial package
air conditioning and heating equipment,
very large commercial package air condi-
tioning and heating equipment, packaged
terminal air conditioners, packaged ter-
minal heat pumps, warm-air furnaces,
packaged boilers, storage water heaters, in-
stantaneous water heaters, or unfired hot
water storage tanks, not later than 180 days
after the amendment of the standard, the
Secretary shall publish in the Federal Reg-
ister for public comment an analysis of the
energy savings potential of amended energy
efficiency standards.
‘‘(ii) AMENDED
UNIFORM
NATIONAL
STANDARD FOR PRODUCTS.—
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), not later than
18 months after the date of publication
of the amendment to the ASHRAE/
IES Standard 90.1 for a product de-
scribed in clause (i), the Secretary
shall establish an amended uniform
national standard for the product at
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the minimum level specified in the
amended 
ASHRAE/IES 
Standard
90.1.
‘‘(II) MORE
STRINGENT
STAND-
ARD.—Subclause (I) shall not apply if
the Secretary determines, by rule pub-
lished in the Federal Register, and
supported by clear and convincing evi-
dence, that adoption of a uniform na-
tional standard more stringent than
the amended ASHRAE/IES Standard
90.1 for the product would result in
significant additional conservation of
energy and is technologically feasible
and economically justified.
‘‘(iii) RULE.—If the Secretary makes a
determination described in clause (ii)(II)
for a product described in clause (i), not
later than 30 months after the date of publi-
cation of the amendment to the ASHRAE/
IES Standard 90.1 for the product, the Sec-
retary shall issue the rule establishing the
amended standard.’’.
(d) TEST PROCEDURES.—Section 343(a) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6313(a)) is
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amended by striking ‘‘(a)’’ and all that follows through the
end of paragraph (1) and inserting the following:
‘‘(a) 
PRESCRIPTION
BY
SECRETARY; 
REQUIRE-
MENTS.—
‘‘(1) TEST PROCEDURES.—
‘‘(A) AMENDMENT.—At least once every 7
years, the Secretary shall conduct an evaluation
of each class of covered equipment and—
‘‘(i) if the Secretary determines that
amended test procedures would more accu-
rately or fully comply with the requirements
of paragraphs (2) and (3), shall prescribe
test procedures for the class in accordance
with this section; or
‘‘(ii) shall publish notice in the Federal
Register of any determination not to amend
a test procedure.’’.
(e) EFFECTIVE DATE.—The amendments made by sub-
sections (b) and (c) take effect on January 1, 2012.
SEC. 226. ENERGY EFFICIENCY LABELING FOR CONSUMER
ELECTRONIC PRODUCTS.
(a) IN GENERAL.—Section 324(a) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6294(a)) is
amended—
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(1) in paragraph (2), by adding at the end the
following:
‘‘(H) LABELING REQUIREMENTS.—
‘‘(i) IN GENERAL.—Subject to clauses
(ii) through (iv), not later than 18 months
after the date of issuance of applicable De-
partment of Energy testing procedures, the
Commission, in consultation with the Sec-
retary and the Administrator of the Envi-
ronmental 
Protection 
Agency 
(acting
through the Energy Star program), shall,
by regulation, promulgate labeling or other
disclosure requirements for the energy use
of—
‘‘(I) televisions;
‘‘(II) personal computers;
‘‘(III) cable or satellite set-top
boxes;
‘‘(IV) stand-alone digital video re-
corder boxes; and
‘‘(V) personal computer monitors.
‘‘(ii) ALTERNATE
TESTING
PROCE-
DURES.—In the absence of applicable test-
ing procedures described in clause (i) for
products described in subclauses (I) through
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(V) of that clause, the Commission may by
regulation promulgate labeling requirements
for a consumer product category described
in clause (i) if the Commission—
‘‘(I) identifies adequate non-De-
partment of Energy testing procedures
for those products; and
‘‘(II) determines that labeling of
those products is likely to assist con-
sumers in making purchasing deci-
sions.
‘‘(iii) DEADLINE AND REQUIREMENTS
FOR LABELING.—
‘‘(I) DEADLINE.—Not later than
18 months after the date of promulga-
tion of any requirements under clause
(i) or (ii), the Commission shall re-
quire labeling of electronic products de-
scribed in clause (i).
‘‘(II) REQUIREMENTS.—The re-
quirements promulgated under clause
(i) or (ii) may include specific require-
ments for each electronic product to be
labeled with respect to the placement,
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size, and content of Energy Guide la-
bels.
‘‘(iv) 
DETERMINATION
OF
FEASI-
BILITY.—Clause (i) or (ii) shall not apply
in any case in which the Commission deter-
mines that labeling in accordance with this
subsection—
‘‘(I) is not technologically or eco-
nomically feasible; or
‘‘(II) is not likely to assist con-
sumers in making purchasing deci-
sions.’’; and
(2) by adding at the end the following:
‘‘(6) AUTHORITY TO INCLUDE ADDITIONAL PROD-
UCT CATEGORIES.—The Commission may require la-
beling in accordance with this subsection for any con-
sumer product not specified in this subsection or sec-
tion 322 if the Commission determines that labeling
for the product is likely to assist consumers in mak-
ing purchasing decisions.’’.
(b) CONTENT OF LABEL.—Section 324(c) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6924(c)) is
amended by adding at the end the following:
‘‘(9) DISCRETIONARY APPLICATION.—The Com-
mission may apply paragraphs (1), (2), (3), (5), and
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(6) of this subsection to the labeling of any product
covered by paragraph (2)(H) or (6) of subsection
(a).’’.
SEC. 227. RESIDENTIAL BOILER EFFICIENCY STANDARDS.
Section 325(f) of the Energy Policy and Conservation
Act (42 U.S.C. 6295(f)) is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) BOILERS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), boilers manufactured on or
after September 1, 2012, shall meet the following
requirements:
Boiler Type
Minimum
Annual
Fuel Utili-
zation Effi-
ciency
Design Requirements
Gas Hot Water
82%
No Constant Burning Pilot,
Automatic Means for Adjust-
ing Water Temperature
Gas Steam
80%
No Constant Burning Pilot
Oil Hot Water
84%
Automatic Means for
Adjusting Temperature
Oil Steam
82%
None
Electric Hot Water
None
Automatic Means for
Adjusting Temperature
Electric Steam
None
None
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‘‘(B) PILOTS.—The manufacturer shall not
equip gas hot water or steam boilers with con-
stant-burning pilot lights.
‘‘(C) AUTOMATIC
MEANS
FOR
ADJUSTING
WATER TEMPERATURE.—
‘‘(i) IN GENERAL.—The manufacturer
shall equip each gas, oil, and electric hot
water boiler (other than a boiler equipped
with tankless domestic water heating coils)
with an automatic means for adjusting the
temperature of the water supplied by the
boiler to ensure that an incremental change
in inferred heat load produces a cor-
responding incremental change in the tem-
perature of water supplied.
‘‘(ii) CERTAIN BOILERS.—For a boiler
that fires at 1 input rate, the requirements
of this subparagraph may be satisfied by
providing an automatic means that allows
the burner or heating element to fire only
when the means has determined that the in-
ferred heat load cannot be met by the resid-
ual heat of the water in the system.
‘‘(iii) NO
INFERRED
HEAT
LOAD.—
When there is no inferred heat load with re-
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spect to a hot water boiler, the automatic
means described in clauses (i) and (ii) shall
limit the temperature of the water in the
boiler to not more than 140 degrees Fahr-
enheit.
‘‘(iv) OPERATION.—A boiler described
in clause (i) or (ii) shall be operable only
when the automatic means described in
clauses (i), (ii), and (iii) is installed.’’.
SEC. 228. TECHNICAL CORRECTIONS.
(a) DEFINITION
OF FLUORESCENT LAMP.—Section
321(30)(B)(viii) of the Energy Policy and Conservation Act
(42 U.S.C. 6291(30)(B)(viii)) is amended by striking ‘‘82’’
and inserting ‘‘87’’.
(b) STANDARDS FOR COMMERCIAL PACKAGE AIR CON-
DITIONING AND HEATING EQUIPMENT.—Section 342(a)(1)
of the Energy Policy and Conservation Act (42 U.S.C.
6313(a)(1)) is amended in the matter preceding subpara-
graph (A) by striking ‘‘but before January 1, 2010,’’.
(c) MERCURY VAPOR LAMP BALLASTS.—
(1) DEFINITIONS.—Section 321 of the Energy
Policy and Conservation Act (42 U.S.C. 6291) (as
amended by section 212(a)(2)) is amended—
(A) in paragraph (46)(A)—