394 
‘‘(iii) which fixtures should be exempt-
ed from the light fixture efficacy standard 
as of January 1, 2016, because the fixtures 
are primarily decorative in nature (as de-
fined by the Secretary) and, even if exempt-
ed, are likely to be sold in limited quan-
tities. 
‘‘(C) TIMING.— 
‘‘(i) DETERMINATION.—Not later than 
January 1, 2014, the Secretary shall pub-
lish amended standards, or a determination 
that no amended standards are justified, 
under this subsection. 
‘‘(ii) 
STANDARDS.—Any 
standards 
under this paragraph shall take effect on 
January 1, 2016. 
‘‘(3) ART
WORK
LIGHT
FIXTURES.—Art work 
light fixtures manufactured on or after January 1, 
2012, shall— 
‘‘(A) comply with paragraph (1); or 
‘‘(B)(i) contain only ANSI-designated E12 
screw-based line-voltage sockets; 
‘‘(ii) have not more than 3 sockets; 
‘‘(iii) be controlled with an integral high/ 
low switch; 
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‘‘(iv) be rated for not more than 25 watts 
if fitted with 1 socket; and 
‘‘(v) be rated for not more than 15 watts 
per socket if fitted with 2 or 3 sockets. 
‘‘(4) EXCEPTION FROM PREEMPTION.—Notwith-
standing section 327, Federal preemption shall not 
apply to a regulation concerning portable light fix-
tures adopted by the California Energy Commission 
on or before January 1, 2014.’’. 
(2) GU–24 BASE LAMPS.— 
(A) DEFINITIONS.—Section 321 of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6291) (as amended by paragraph (1)(A)) is 
amended by adding at the end the following: 
‘‘(72) GU–24.—The term ‘GU–24’ means the des-
ignation of a lamp socket, based on a coding system 
by the International Electrotechnical Commission, 
under which— 
‘‘(A) ‘G’ indicates a holder and socket type 
with 2 or more projecting contacts, such as pins 
or posts; 
‘‘(B) ‘U’ distinguishes between lamp and 
holder designs of similar type that are not inter-
changeable due to electrical or mechanical re-
quirements; and 
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‘‘(C) 24 indicates the distance in millime-
ters between the electrical contact posts. 
‘‘(73) GU-24 ADAPTOR.— 
‘‘(A) IN
GENERAL.—The term ‘GU-24 
Adaptor’ means a 1-piece device, pig-tail, wiring 
harness, or other such socket or base attachment 
that— 
‘‘(i) connects to a GU-24 socket on 1 
end and provides a different type of socket 
or connection on the other end; and 
‘‘(ii) does not alter the voltage. 
‘‘(B) EXCLUSION.—The term ‘GU-24 Adap-
tor’ does not include a fluorescent ballast with a 
GU–24 base. 
‘‘(74) GU–24 BASE LAMP.—‘GU–24 base lamp’ 
means a light bulb designed to fit in a GU–24 sock-
et.’’. 
(B) STANDARDS.—Section 325 of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6295) (as amended by paragraph (1)(D)) is 
amended by inserting after subsection (ii) the 
following: 
‘‘(jj) GU–24 BASE LAMPS.— 
‘‘(1) IN GENERAL.—A GU–24 base lamp shall 
not be an incandescent lamp as defined by ANSI. 
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‘‘(2) GU-24 ADAPTORS.—GU–24 adaptors shall 
not adapt a GU–24 socket to any other line voltage 
socket.’’. 
(3) STANDARDS
FOR
CERTAIN
INCANDESCENT 
REFLECTOR
LAMPS.—Section 325(i) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(i)), as 
amended by section 161(a)(12) of this Act, is amend-
ed by adding at the end the following: 
‘‘(9) 
CERTAIN
INCANDESCENT
REFLECTOR 
LAMPS.—(A) No later than 12 months after enact-
ment of this paragraph, the Secretary shall publish a 
final rule establishing standards for incandescent re-
flector lamp types described in paragraph (1)(D). 
Such standards shall be effective on July 1, 2013. 
‘‘(B) Any rulemaking for incandescent reflector 
lamps completed after enactment of this section shall 
consider standards for all incandescent reflector 
lamps, inclusive of those specified in paragraph 
(1)(C). 
‘‘(10) REFLECTOR LAMPS.—No later than Janu-
ary 1, 2015, the Secretary shall publish a final rule 
establishing and amending standards for reflector 
lamps, including incandescent reflector lamps. Such 
standards shall be effective no sooner than three years 
after publication of the final rule. Such rulemaking 
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shall consider incandescent and nonincandescent tech-
nologies. Such rulemaking shall consider a new met-
ric other than lumens-per-watt based on the photo-
metric distribution of light from such lamps.’’. 
SEC. 212. OTHER APPLIANCE EFFICIENCY STANDARDS. 
(a) STANDARDS FOR WATER DISPENSERS, HOT FOOD 
HOLDING CABINETS, AND PORTABLE ELECTRIC SPAS.— 
(1) DEFINITIONS.—Section 321 of the Energy 
Policy and Conservation Act (42 U.S.C. 6291), as 
amended by section 211 of this Act, is further amend-
ed by adding at the end the following: 
‘‘(75) The term ‘water dispenser’ means a fac-
tory-made assembly that mechanically cools and heats 
potable water and that dispenses the cooled or heated 
water by integral or remote means. 
‘‘(76) The term ‘bottle-type water dispenser’ 
means a drinking water dispenser designed for dis-
pensing both hot and cold water that uses a removable 
bottle or container as the source of potable water. 
‘‘(77) The term ‘commercial hot food holding 
cabinet’ means a heated, fully-enclosed compartment 
with one or more solid or glass doors that is designed 
to maintain the temperature of hot food that has been 
cooked in a separate appliance. Such term does not 
include heated glass merchandizing cabinets, drawer 
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warmers, commercial hot food holding cabinets with 
interior volumes of less than 8 cubic feet, or cook-and- 
hold appliances. 
‘‘(78) The term ‘portable electric spa’ means a 
factory-built electric spa or hot tub, supplied with 
equipment for heating and circulating water.’’. 
(2) COVERAGE.—Section 322(a) of the Energy 
Policy and Conservation Act (42 U.S.C. 6292(a)), as 
amended by section 211(b)(1)(B) of this Act, is fur-
ther amended by inserting after paragraph (20) the 
following new paragraphs: 
‘‘(21) Bottle type water dispensers. 
‘‘(22) Commercial hot food holding cabinets. 
‘‘(23) Portable electric spas.’’. 
(3) TEST PROCEDURES.—Section 323(b) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6293(b)), as amended by section 211(b)(1)(C) of this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘(20) BOTTLE TYPE WATER DISPENSERS.—Test 
procedures for bottle type water dispensers shall be 
based on ‘Energy Star Program Requirements for 
Bottled Water Coolers version 1.1’ published by the 
Environmental Protection Agency. Units with an in-
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tegral, automatic timer shall not be tested using sec-
tion 4D, ‘Timer Usage,’ of the test criteria. 
‘‘(21) COMMERCIAL HOT FOOD HOLDING CABI-
NETS.—Test procedures for commercial hot food hold-
ing cabinets shall be based on the test procedures de-
scribed in ANSI/ASTM F2140–01 (Test for idle en-
ergy rate-dry test). Interior volume shall be based on 
the method shown in the Environmental Protection 
Agency’s ‘Energy Star Program Requirements for 
Commercial Hot Food Holding Cabinets’ as in effect 
on August 15, 2003. 
‘‘(22) PORTABLE ELECTRIC SPAS.—Test proce-
dures for portable electric spas shall be based on the 
test method for portable electric spas contained in sec-
tion 1604, title 20, California Code of Regulations as 
amended on December 3, 2008. When the American 
National Standards Institute publishes a test proce-
dure for portable electric spas, the Secretary shall re-
vise the Department of Energy’s procedure.’’. 
(4) STANDARDS.—Section 325 of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6295), as 
amended by section 211 of this Act, is further amend-
ed by adding after subsection (jj) the following: 
‘‘(kk) BOTTLE TYPE WATER DISPENSERS.—Effective 
January 1, 2012, bottle-type water dispensers designed for 
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dispensing both hot and cold water shall not have standby 
energy consumption greater than 1.2 kilowatt-hours per 
day. 
‘‘(ll) COMMERCIAL HOT FOOD HOLDING CABINETS.— 
Effective January 1, 2012, commercial hot food holding 
cabinets with interior volumes of 8 cubic feet or greater 
shall have a maximum idle energy rate of 40 watts per 
cubic foot of interior volume. 
‘‘(mm) PORTABLE ELECTRIC SPAS.—Effective Janu-
ary 1, 2012, portable electric spas shall not have a normal-
ized standby power greater than 5(V2⁄3) Watts where V=the 
fill volume in gallons. 
‘‘(nn) REVISIONS.—The Secretary of Energy shall con-
sider revisions to the standards in subsections (kk), (ll), and 
(mm) in accordance with subsection (o) and publish a final 
rule no later than January 1, 2013 establishing such revised 
standards, or make a finding that no revisions are tech-
nically feasible and economically justified. Any such revised 
standards shall take effect January 1, 2016.’’. 
(b) COMMERCIAL
FURNACE
EFFICIENCY
STAND-
ARDS.—Section 342(a) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6312(a)) is amended by inserting after 
paragraph (10) the following new paragraph: 
‘‘(11) WARM AIR FURNACES.—Each warm air 
furnace with an input rating of 225,000 Btu per hour 
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or more and manufactured after January 1, 2011, 
shall meet the following standard levels: 
‘‘(A) GAS-FIRED UNITS.— 
‘‘(i) Minimum thermal efficiency of 80 
percent. 
‘‘(ii) Include an interrupted or inter-
mittent ignition device. 
‘‘(iii) Have jacket losses not exceeding 
0.75 percent of the input rating. 
‘‘(iv) Have either power venting or a 
flue damper. 
‘‘(B) OIL-FIRED UNITS.— 
‘‘(i) Minimum thermal efficiency of 81 
percent. 
‘‘(ii) Have jacket losses not exceeding 
0.75 percent of the input rating. 
‘‘(iii) Have either power venting or a 
flue damper.’’. 
SEC. 213. APPLIANCE EFFICIENCY DETERMINATIONS AND 
PROCEDURES. 
(a) DEFINITION OF ENERGY CONSERVATION STAND-
ARD.—Section 321(6) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6291(6)) is amended to read as follows: 
‘‘(6) ENERGY CONSERVATION STANDARD.— 
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‘‘(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 
‘‘(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 
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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; 
‘‘(II) as part of a direct final rule 
under section 325(p)(4); or 
‘‘(III) as part of a final rule pub-
lished on or after January 1, 2012, 
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-
ered product, unless regulation of the component 
is specifically authorized or established pursuant 
to this title.’’. 
(b) ADOPTING CONSENSUS TEST PROCEDURES AND 
TEST PROCEDURES IN USE ELSEWHERE.—Section 323(b) 
of the Energy Policy and Conservation Act (42 U.S.C. 
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6293(b)), as amended by sections 211 and 212 of this Act, 
is further amended by adding the following new paragraph 
after paragraph (22): 
‘‘(23) CONSENSUS AND ALTERNATE TEST PROCE-
DURES.— 
‘‘(A) RECEIPT OF JOINT RECOMMENDATION 
OR ALTERNATE TESTING PROCEDURE.—On re-
ceipt of— 
‘‘(i) a statement that is submitted 
jointly by interested persons that are fairly 
representative of relevant points of view (in-
cluding representatives of manufacturers of 
covered products, States, and efficiency ad-
vocates), as determined by the Secretary, 
and contains recommendations with respect 
to the testing procedure for a covered prod-
uct; or 
‘‘(ii) a submission of a testing proce-
dure currently in use for a covered product 
by a State, nation, or group of nations— 
‘‘(I) if the Secretary determines 
that the recommended testing proce-
dure contained in the statement or sub-
mission is in accordance with sub-
section (b)(3), the Secretary may issue 
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406 
a final rule that establishes an energy 
or water conservation testing procedure 
that is published simultaneously with 
a notice of proposed rulemaking that 
proposes a new or amended energy or 
water conservation testing procedure 
that is identical to the testing proce-
dure established in the final rule to es-
tablish the recommended testing proce-
dure (referred 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 or sub-
mission, the Secretary shall publish a 
notice of the determination, together 
with an explanation of the reasons for 
the determination. 
‘‘(B) PUBLIC
COMMENT.—The Secretary 
shall solicit public comment for a period of at 
least 110 days with respect to each direct final 
rule issued by the Secretary under subparagraph 
(A)(ii)(I). 
‘‘(C) 
WITHDRAWAL
OF
DIRECT
FINAL 
RULES.— 
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‘‘(i) IN GENERAL.—Not later than 120 
days after the date on which a direct final 
rule issued under subparagraph (A)(ii)(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)or any alternative joint rec-
ommendation; and 
‘‘(II) based on the rulemaking 
record relating to the direct final rule, 
the Secretary determines that such ad-
verse public comments or alternative 
joint recommendation may provide a 
reasonable basis for withdrawing the 
direct final rule under paragraph (3) 
or any other applicable law. 
‘‘(ii) ACTION
ON
WITHDRAWAL.—On 
withdrawal of a direct final rule under 
clause (i), the Secretary shall— 
‘‘(I) proceed with the notice of 
proposed rulemaking published simul-
taneously with the direct final rule as 
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described in subparagraph (A)(ii)(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 (b). 
‘‘(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 test 
procedures relating to the direct final rule.’’. 
(c) UPDATING TELEVISION TEST METHODS.—Section 
323(b) of the Energy Policy and Conservation Act (42 
U.S.C. 6293(b)), as amended by sections 211 and 212 of 
this Act, and subsection (b) of this section, is further amend-
ed by adding at the end the following new paragraph: 
‘‘(24) TELEVISIONS.—(A) On the date of enact-
ment of this paragraph, Appendix H to Subpart B of 
Part 430 of the United States Code of Federal Regu-
lations, ‘Uniform Test Method for Measuring the En-
ergy Consumption of Television Sets’, is repealed. 
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‘‘(B) No later than 12 months after the date of 
enactment of this paragraph the Secretary shall pub-
lish in the Federal Register a final rule prescribing 
a new test method for televisions.’’. 
(d) CRITERIA FOR PRESCRIBING NEW OR AMENDED 
STANDARDS.—(1) Section 325(o)(2)(B)(i) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(o)(2)(B)(i)) 
is amended as follows: 
(A) By striking ‘‘and’’ at the end of subclause 
(VI). 
(B) By redesignating subclause (VII) as sub-
clause (XI). 
(C) By inserting the following new subclauses 
after subclause (VI): 
‘‘(VII) the estimated value of the carbon dioxide 
and other emission reductions that will be achieved by 
virtue of the higher energy efficiency of the covered 
products resulting from the imposition of the stand-
ard; 
‘‘(VIII) the estimated impact of standards for a 
particular product on average consumer energy 
prices; 
‘‘(IX) the increased energy efficiency that may be 
attributable to the installation of Smart Grid tech-
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nologies or capabilities in the covered products, if ap-
plicable in the determination of the Secretary; 
‘‘(X) the availability in the United States or in 
other nations of examples or prototypes of covered 
products that achieve significantly higher efficiency 
standards for energy or for water; and’’. 
(2) Section 325(o)(2)(B)(iii) of such Act is amended 
as follows: 
(A) By striking ‘‘three’’ and inserting ‘‘5’’. 
(B) By inserting after the first sentence the fol-
lowing ‘‘For products with an average expected useful 
life of less than 5 years, such rebuttable presumption 
shall be determined utilizing 75 percent of the prod-
uct’s average expected useful life as a multiplier in-
stead of 5.’’. 
(C) By striking the last sentence and inserting 
the following: ‘‘Such a presumption may be rebutted 
only if the Secretary finds, based on clear, con-
vincing, and reliable evidence, that— 
‘‘(I) such standard level would cause serious and 
unavoidable hardship to the average consumer of the 
product, or to manufacturers supplying a significant 
portion of the market for the product, that substan-
tially outweighs the standard level’s benefits; 
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‘‘(II) the standard and implementing regulations 
cannot be designed to avoid or mitigate the hardship 
identified under subclause (I), through the adoption of 
regional standards consistent with paragraph (6) of 
this subsection, or other reasonable means consistent 
with this part; 
‘‘(III) the same or substantially similar hardship 
would not occur under a standard adopted in the ab-
sence of the presumption, but that otherwise meets the 
requirements of this section; and 
‘‘(IV) the hardship cannot be avoided or miti-
gated pursuant the procedures specified in section 504 
of the Department of Energy Organization Act (42 
U.S.C. 7194). 
A determination by the Secretary that the criteria trig-
gering such presumption are not met, or that the criterion 
for rebutting the presumption are met shall not be taken 
into consideration in the Secretary’s determination of 
whether a standard is economically justified.’’. 
(e) OBTAINING APPLIANCE INFORMATION FROM MANU-
FACTURERS.—Section 326(d) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(d)) is amended to read 
as follows: 
‘‘(d) INFORMATION REQUIREMENTS.—(1) For pur-
poses of carrying out this part, the Secretary shall publish 
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proposed regulations not later than one year after the date 
of enactment of the American Clean Energy and Security 
Act of 2009, and after receiving public comment, final regu-
lations not later than 18 months from such date of enact-
ment under this part or other provision of law administered 
by the Secretary, which shall require each manufacturer of 
a covered product to submit information or reports to the 
Secretary on an annual basis in a form adopted by the 
Secretary. Such reports shall include information or data 
with respect to— 
‘‘(A) the manufacturers’ compliance with all re-
quirements applicable pursuant to this part; 
‘‘(B) the economic impact of any proposed en-
ergy conservation standard; 
‘‘(C) the manufacturers’ annual shipments of 
each class or category of covered products, organized, 
to the maximum extent practicable, by— 
‘‘(i) energy efficiency, energy use, and, if 
applicable, water use; 
‘‘(ii) the presence or absence of such effi-
ciency related or energy consuming operational 
characteristics or components as the Secretary 
determines are relevant for the purposes of car-
rying out this part; and 
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‘‘(iii) the State or regional location of sale, 
for covered products for which the Secretary may 
adopt regional standards; and 
‘‘(D) such other categories of information as the 
Secretary deems relevant to carry out this part, in-
cluding such other information as may be necessary 
to establish and revise test procedures, labeling rules, 
and energy conservation standards and to insure 
compliance with the requirements of this part. 
‘‘(2) In adopting regulations under this subsection, the 
Secretary shall consider existing public sources of informa-
tion, including nationally recognized certification pro-
grams of trade associations. 
‘‘(3) The Secretary shall exercise authority under this 
section in a manner designed to minimize unnecessary bur-
dens on manufacturers of covered products. 
‘‘(4) To the extent that they do not conflict with the 
duties of the Secretary in carrying out this part, the provi-
sions of section 11(d) of the Energy Supply and Environ-
mental Coordination Act of 1974 (15 U.S.C. 796(d)) shall 
apply with respect to information obtained under this sub-
section to the same extent and in the same manner as they 
apply with respect to other energy information obtained 
under such section.’’. 
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414 
(f) STATE WAIVER.—Section 327(c) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6297(c)), as amended 
by section 161(a)(19) of this Act, is further amended by 
adding at the end the following: 
‘‘(12) is a regulation concerning standards for 
hot food holding cabinets, drinking water dispensers 
and portable electric spas adopted by the California 
Energy Commission on or before January 1, 2013.’’. 
(g) WAIVER OF FEDERAL PREEMPTION.—Paragraph 
(1) of section 327(d) of the Energy Policy and Conservation 
Act (42 U.S.C. 6297(d)) is amended as follows: 
(1) In subparagraph (A) by striking ‘‘State regu-
lation’’ each place it appears and inserting ‘‘State 
statute or regulation’’. 
(2) In subparagraph (B) by adding at the end 
the following new sentence: ‘‘In making such a find-
ing, the Secretary may not reject a petition for fail-
ure of the petitioning State or river basin commission 
to produce confidential information maintained by 
any manufacturer or distributor, or group or associa-
tion of manufacturers or distributors, and which the 
petitioning party does not have the legal right to ob-
tain.’’. 
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(3) In clause (ii) of subparagraph (C) by strik-
ing ‘‘costs’’ each place it appears and inserting ‘‘esti-
mated costs’’. 
(4) In subparagraph (C) by striking ‘‘within the 
context of the State’s energy plan and forecast, and,’’. 
(h) INCLUSION OF CARBON OUTPUT ON APPLIANCE 
‘‘ENERGYGUIDE’’ LABELS.—(1) Section 324(a)(2) of the 
Energy 
Policy 
and 
Conservation 
Act 
(42 
U.S.C. 
6294(a)(2)) is amended by adding the following at the end: 
‘‘(I)(i) Not later than 90 days after the date of enact-
ment of this subparagraph, the Commission shall initiate 
a rulemaking to implement the additional labeling require-
ments specified in subsection (c)(1)(C) of this section with 
an effective date for the revised labeling requirement not 
later than 12 months from issuance of the final rule. 
‘‘(ii) Not later than 24 months after the date of enact-
ment of this subparagraph, the Commission shall complete 
the rulemaking initiated under clause (i). 
‘‘(iii) Not later than 90 days after issuance of the final 
rule as provided in this subparagraph, the Secretary shall 
issue calculation methods required to effectuate the labeling 
requirements specified in subsection (c)(1)(C) of this sec-
tion.’’. 
(2) Section 324(c)(1) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(c)(1)) is amended— 
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416 
(A) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(B) by striking the period at the end of subpara-
graph (B) and inserting a semicolon; and 
(C) by adding at the end the following new sub-
paragraphs: 
‘‘(C) for products or groups of products pro-
viding a comparable function (including the group of 
products comprising the heating function of heat 
pumps and furnaces) among covered products listed 
in paragraphs (3), (4), (5), (8), (9), (10), and (11) 
of section 322(a) of this part, and others designated 
by the Secretary, the estimated total annual atmos-
pheric carbon dioxide emissions (or their equivalent 
in other greenhouse gases) associated with, or caused 
by, the product, calculated utilizing— 
‘‘(i) national average energy use for the 
product including energy consumed at the point 
of end use based on test procedures developed 
under section 323 of this part; 
‘‘(ii) national average energy consumed or 
lost in the production, generation, transpor-
tation, storage, and distribution of energy to the 
point of end use; and 
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417 
‘‘(iii) any direct emissions of greenhouse 
gases from the product during normal use; 
‘‘(D) in determining the national average 
energy consumption and total annual atmos-
pheric carbon dioxide emissions, the Secretary 
shall utilize Federal Government sources, includ-
ing the Energy Information Administration An-
nual Energy Review, the Environmental Protec-
tion Agency eGRID data base, Environmental 
Protection Agency AP–42 Emission Factors as 
amended, and other sources determined to be ap-
propriate by the Secretary; and 
‘‘(E) information presenting, for each prod-
uct (or group of products providing the com-
parable function) identified in section (c)(1)(C) 
of this section, the estimated annual carbon diox-
ide emissions calculated within the range of 
emissions calculated for all models of the product 
or group according to its function, including 
those models consuming fuels and those models 
not consuming fuels.’’. 
(i) PERMITTING STATES TO SEEK INJUNCTIVE EN-
FORCEMENT.—(1) Section 334 of the Energy Policy and 
Conservation Act (42 U.S.C. 6304) is amended to read as 
follows: 
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419 
defendant in any other district in which the defendant re-
sides or may be found.’’. 
(2) The item relating to section 334 in the table of 
contents for such Act is amended to read as follows: 
‘‘Sec. 334. Jurisdiction and venue.’’. 
(j) TREATMENT OF APPLIANCES WITHIN BUILDING 
CODES.—(1) Section 327(f)(3) of the Energy Policy and 
Conservation Act (42 U.S.C. 6297(f)(3)) is amended by 
striking subparagraphs (B) through (G) and inserting the 
following: 
‘‘(B) The code meets at least one of the following 
requirements: 
‘‘(i) The code does not require that the cov-
ered product have an energy efficiency exceed-
ing— 
‘‘(I) the applicable energy conservation 
standard established in or prescribed under 
section 325; 
‘‘(II) the level required by a regulation 
of that State for which the Secretary has 
issued a rule granting a waiver under sub-
section (d) of this section; or 
‘‘(III) the required level established in 
the International Energy Conservation Code 
or in a standard of the American Society of 
Heating, 
Refrigerating 
and 
Air-Condi-
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420 
tioning Engineers, or by the Secretary pur-
suant to section 304 of the Energy Con-
servation and Production Act. 
‘‘(ii) If the code uses one or more baseline 
building designs against which all submitted 
building designs are to be evaluated and such 
baseline building designs contain a covered prod-
uct subject to an energy conservation standard 
established in or prescribed under section 325, 
the baseline building designs are based on an ef-
ficiency level for such covered product which 
meets but does not exceed one of the levels speci-
fied in clause (i). 
‘‘(iii) If the code sets forth one or more op-
tional combinations of items which meet the en-
ergy consumption or conservation objective, in at 
least one combination that the State has found 
to be reasonably achievable using commercially 
available technologies the efficiency of the covered 
product meets but does not exceed one of the lev-
els specified in clause (i). 
‘‘(C) The credit to the energy consumption or 
conservation objective allowed by the code for install-
ing covered products having energy efficiencies exceed-
ing one of the levels specified in subparagraph (B)(i) 
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is on a one-for-one equivalent energy use or equiva-
lent energy cost basis, taking into account the typical 
lifetime of the product. 
‘‘(D) The energy consumption or conservation 
objective is specified in terms of an estimated total 
consumption of energy (which may be calculated from 
energy loss- or gain-based codes) utilizing an equiva-
lent amount of energy (which may be specified in 
units of energy or its equivalent cost) and equivalent 
lifetimes. 
‘‘(E) The estimated energy use of any covered 
product permitted or required in the code, or used in 
calculating the objective, is determined using the ap-
plicable test procedures prescribed under section 323, 
except that the State may permit the estimated energy 
use calculation to be adjusted to reflect the conditions 
of the areas where the code is being applied if such 
adjustment is based on the use of the applicable test 
procedures prescribed under section 323 or other tech-
nically accurate documented procedure.’’. 
(2) Section 327(f)(4)(B) of the Energy Policy 
and Conservation Act (42 U.S.C. 6297(f)(4)(B)) is 
amended to read as follows: 
‘‘(B) If a building code requires the installation of cov-
ered products with efficiencies exceeding the levels and re-
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422 
quirements specified in paragraph (3)(B), such requirement 
of the building code shall not be applicable unless the Sec-
retary has granted a waiver for such requirement under 
subsection (d) of this section.’’. 
SEC. 214. BEST-IN-CLASS APPLIANCES DEPLOYMENT PRO-
GRAM. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy, in con-
sultation with the Administrator, shall establish a program 
to be known as the ‘‘Best-in-Class Appliances Deployment 
Program’’ to— 
(1) provide bonus payments to retailers or dis-
tributors under subsection (c) for sales of best-in-class 
high-efficiency household appliance models, high-effi-
ciency installed building equipment, and high-effi-
ciency consumer electronics, with the goal of reducing 
life-cycle costs for consumers, encouraging innovation, 
and maximizing energy savings and public benefit; 
(2) provide bounties under subsection (d) to re-
tailers for the replacement, retirement, and recycling 
of old, inefficient, and environmentally harmful prod-
ucts; and 
(3) provide premium awards under subsection 
(e) to manufacturers for developing and producing 
new Superefficient Best-in-Class Products. 
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423 
(b) DESIGNATION OF BEST-IN-CLASS PRODUCT MOD-
ELS.— 
(1) IN GENERAL.—The Secretary of Energy shall 
designate product models of appliances, equipment, or 
electronics as Best-in-Class Product models. The Sec-
retary shall publicly announce the Best-in-Class 
Product models designated under this subsection. The 
Secretary shall define product classes broadly and, ex-
cept as provided in paragraph (2), shall designate as 
Best-in-Class Product models no more than the most 
efficient 10 percent of the commercially available 
product models in a class that demonstrate, as a 
group, a distinctly greater energy efficiency than the 
average energy efficiency of that class of appliances, 
equipment, or electronics. In designating models, the 
Secretary shall— 
(A) identify commercially available models 
in the relevant class of products; 
(B) identify the subgroup of those models 
that share the distinctly higher energy-efficiency 
characteristics that warrant designation as best- 
in-class; and 
(C) add other models in that class to the list 
of Best-in-Class Product models as they dem-
onstrate their ability to meet the higher-effi-
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424 
ciency characteristics on which the designation 
was made. 
(2) PERCENTAGE EXCEPTION.—If there are fewer 
than 10 product models in a class of products, the 
Secretary may designate one or more of such models 
as Best-in-Class Products. 
(3) REVIEW
OF
BEST-IN-CLASS
STANDARDS.— 
The Secretary shall review annually the product-spe-
cific criteria for designating, and the product models 
that qualify as, Best-in-Class Products and, after no-
tice and a 30-day comment period, make upwards ad-
justments in the efficiency criteria as necessary to 
maintain an appropriate ratio of such product mod-
els to the total number of product models in the prod-
uct class. 
(c) BONUSES FOR SALES OF BEST-IN-CLASS PROD-
UCTS.— 
(1) IN GENERAL.—The Secretary of Energy shall 
make bonus payments to retailers or, as provided in 
paragraph (5)(B), distributors for the sale of Best-in- 
Class Products. 
(2) BONUS PROGRAM.—The Secretary shall— 
(A) publicly announce the availability and 
amount of the bonus to be paid for each sale of 
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427 
(d) BOUNTIES FOR REPLACEMENT, RETIREMENT, AND 
RECYCLING OF EXISTING LOW-EFFICIENCY PRODUCTS.— 
(1) IN GENERAL.—The Secretary of Energy shall 
make bounty payments to retailers for the replace-
ment, retirement, and recycling of older operating 
low-efficiency products that might otherwise continue 
in operation. 
(2) BOUNTIES.—Bounties shall be payable upon 
documentation that the sale of a Best-in-Class Prod-
uct was accompanied by the replacement, retirement, 
and recycling of— 
(A) an inefficient but still-functioning prod-
uct; or 
(B) a nonfunctioning product containing a 
refrigerant, 
by the consumer to whom the Best-in-Class Product 
was sold. 
(3) AMOUNT.— 
(A) FUNCTIONING PRODUCTS.—The bounty 
payment payable under this subsection for a 
product described in paragraph (2)(A) shall be 
based on the difference between the estimated en-
ergy use of the product replaced and the energy 
use of an average new product in the product 
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428 
class, over the estimated remaining lifetime of 
the product that was replaced. 
(B) 
NONFUNCTIONING
PRODUCTS
CON-
TAINING REFRIGERANTS.—The bounty payment 
payable under this subsection for a product de-
scribed in paragraph (2)(B) shall be in the 
amount that the Secretary of Energy, in con-
sultation with the Administrator, determines is 
sufficient to promote the recycling of such prod-
ucts, up to the amount of bounty for a com-
parable product described in paragraph (2)(A). 
(4) RETIREMENT.—The Secretary shall ensure 
that no product for which a bounty is paid under this 
subsection is returned to active service, but that it is 
instead destroyed, and recycled to the extent feasible. 
(5) RECYCLING
APPLIANCES
CONTAINING
RE-
FRIGERANTS.—Exclusively for the purpose of imple-
menting the bounty payment program for products 
containing a refrigerant under this section, the Ad-
ministrator shall establish standards for environ-
mentally responsible methods of recycling and dis-
posal of refrigerant-containing appliances that, at a 
minimum, meet the requirements set by the Respon-
sible Appliance Disposal (RAD) Program for refrig-
erant disposal. The Secretary shall ensure that such 
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429 
standards are met before a bounty payment is made 
under this subsection for a product containing a re-
frigerant. Nothing in this section shall be interpreted 
to alter the requirements of section 608 of the Clean 
Air Act or to relieve any person from complying with 
those requirements. 
(e) PREMIUM AWARDS FOR DEVELOPMENT AND PRO-
DUCTION
OF
SUPEREFFICIENT
BEST-IN-CLASS
PROD-
UCTS.— 
(1) IN GENERAL.—(A) The Secretary of Energy 
shall provide premium awards to manufacturers for 
the development and production of Superefficient 
Best-in-Class Products. The Secretary shall set and 
periodically revise standards for eligibility of prod-
ucts for designation as a Superefficient Best-in-Class 
Product. 
(B) The Secretary may establish a standard for 
a Superefficient Best-in-Class Product even if no 
product meeting that standard exists, if the Secretary 
has reasonable grounds to conclude that a mass-pro-
ducible product could be made to meet that standard. 
(C) The Secretary may also establish a Super-
efficient Best-in-Class Product standard that is met 
by one or more existing Best-in-Class Product models, 
if those product models have distinct energy efficiency 
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attributes and performance characteristics that make 
them significantly better than other product models 
qualifying as best-in-class. The Secretary may not 
designate as Superefficient Best-in-Class Products 
under this subparagraph models that represent more 
than 10 percent of the currently qualifying Best-in- 
Class Product models. 
(2) PREMIUM
AWARDS.—(A) The premium 
award payment provided to a manufacturer under 
this subsection shall be in addition to any bonus pay-
ments made under subsection (c). 
(B) The amount of the premium award paid per 
unit of Superefficient Best-in-Class Products sold to 
retailers or distributors shall be the product of— 
(i) an amount determined by the Secretary; 
and 
(ii) the difference in energy consumption be-
tween the Superefficient Best-in-Class Product 
and the average product in the product class. 
(C) The Secretary shall determine the amount 
under subparagraph (B)(i) for each product type, in 
consultation with State and utility efficiency pro-
gram administrators as well as the Administrator, 
based on consideration of the present value to the Na-
tion of the energy (and water or other resources or in-
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431 
puts) saved over the useful life of the product. The 
Secretary may also take into consideration the meth-
ods used to increase sales of qualifying products in 
determining such amount. 
(D) The Secretary may adjust the value de-
scribed in subparagraph (C) upward or downward as 
appropriate, including based on the effect of the pre-
mium awards on the sales of products in different 
classes that may be affected by the program under 
this subsection. 
(E) Premium award payments shall be applied 
to sales of any Superefficient Best-in-Class Product 
for the first 3 years after designation as a Supereffi-
cient Best-in-Class Product. 
(3) COORDINATION OF INCENTIVES.—No product 
for which Federal tax credit is received under section 
45M of the Internal Revenue Code of 1986 shall be eli-
gible to receive premium award payments pursuant 
to this subsection. 
(f) REPORTING.—The Secretary of Energy shall re-
quire, as a condition of receiving a bonus, bounty, or pre-
mium award under this section, that a report containing 
the following documentation be provided: 
(1) For retailers and distributors, the number of 
units sold within each product type, and model-spe-
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