196 
(i) the participation of relevant Fed-
eral agencies and State governments; 
(ii) coordination, to the maximum ex-
tent practicable, with any marine spatial 
planning undertaken by States; 
(iii) public input; and 
(iv) the periodic revision of such plans 
as necessary to account for significant new 
information and ensure achievement of 
plan objectives; 
(C) identification of required elements of 
such regional marine spatial plans, including 
rules that Federal agencies shall apply to appli-
cations for any authorizations required under 
existing Federal law to construct or operate off-
shore renewable energy facilities within areas 
covered by such plans; 
(D) an assessment of the adequacy of ex-
isting data, including baseline environmental 
data, to support such marine spatial planning 
and identification of gaps in such data and the 
studies needed to fill such gaps; 
(E) an assessment of the resources re-
quired to carry out such marine spatial plan-
ning; 
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(F) recommended mechanisms for the for-
mal adoption and implementation of regional 
marine spatial plans for the development of off-
shore renewable energy facilities by relevant 
Federal agencies; 
(G) identification of any additional author-
ity relevant Federal agencies would need to 
adopt and implement regional marine spatial 
plans for the development of offshore renewable 
energy facilities; and 
(H) such other recommendations as appro-
priate. 
(3) REPORT.—Not later than 6 months after 
the date of enactment of this section, the Federal 
Energy Regulatory Commission, the Secretary of the 
Interior, and the National Oceanic and Atmospheric 
Administration shall jointly publish the findings and 
recommendations of the study conducted pursuant 
to this subsection and shall accept public comment 
for at least 30 days after such publication. Following 
consideration of any public comments, and not later 
than 8 months after the date of enactment of this 
section, the Federal Energy Regulatory Commission, 
the Secretary of the Interior, and the National Oce-
anic and Atmospheric Administration shall jointly 
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submit to Congress and the Council on Environ-
mental Quality the findings and recommendations of 
the study conducted pursuant to this subsection. 
(c) ASSESSMENT OF REPORT.— 
(1) IN
GENERAL.—Not later than 4 months 
after the date of submission of the report required 
under subsection (b)(3), the Council on Environ-
mental Quality shall assess the recommendations of 
such report, issue a written determination as to 
whether the recommended approach to marine spa-
tial planning should be implemented, and transmit 
such written determination to the relevant Federal 
agencies and Congress. 
(2) COORDINATION
FOR
RECOMMENDED
AP-
PROACH.—If the Council on Environmental Quality 
determines that the recommended approach to ma-
rine spatial planning should be implemented, the rel-
evant Federal agencies shall implement such ap-
proach no later than 18 months after the written de-
termination required by paragraph (1), and the 
Council on Environmental Quality shall coordinate 
such implementation. At the time of the written de-
termination required by paragraph (1), the Council 
on Environmental Quality shall notify Congress if 
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the relevant Federal agencies lack authority to carry 
out any aspect of the recommended approach. 
(3) ALTERNATIVE APPROACH.—If the Council 
on Environmental Quality determines that the rec-
ommended approach to marine spatial planning 
should not be implemented, the Council on Environ-
mental Quality shall formulate an alternative ap-
proach and submit such alternative approach to the 
relevant Federal agencies and Congress at the time 
of the written determination required by paragraph 
(1). 
(d) RELATIONSHIP TO EXISTING LAW.—Nothing in 
this section shall affect or be construed to affect any law, 
regulation, or memoranda of understanding governing the 
development of offshore renewable energy facilities in ef-
fect prior to the implementation of the recommended or 
alternative approach pursuant to subsection (c). 
(e) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out 
this section. 
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TITLE II—ENERGY EFFICIENCY 
Subtitle A—Building Energy 
Efficiency Programs 
SEC. 201. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
Section 304 of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6833) is amended to read as follows: 
‘‘SEC. 304. GREATER ENERGY EFFICIENCY IN BUILDING 
CODES. 
‘‘(a) ENERGY EFFICIENCY TARGETS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) or (3), the national building code energy 
efficiency target for the national average percentage 
improvement of a building’s energy performance 
when built to a code meeting the target shall be— 
‘‘(A) effective on the date of enactment of 
the American Clean Energy and Security Act of 
2009, 30 percent reduction in energy use rel-
ative to a comparable building constructed in 
compliance with the baseline code; 
‘‘(B) effective January 1, 2014, for resi-
dential buildings, and January 1, 2015, for 
commercial buildings, 50 percent reduction in 
energy use relative to the baseline code; and 
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‘‘(C) effective January 1, 2017, for resi-
dential buildings, and January 1, 2018, for 
commercial buildings, and every 3 years there-
after, respectively, through January 1, 2029, 
and January 1, 2030, 5 percent additional re-
duction in energy use relative to the baseline 
code. 
‘‘(2) CONSENSUS-BASED CODES.—If on any ef-
fective date specified in paragraph (1)(A), (B), or 
(C) a successor code to the baseline codes provides 
for greater reduction in energy use than is required 
under paragraph (1), the overall percentage reduc-
tion in energy use provided by that successor code 
shall be the national building code energy efficiency 
target. 
‘‘(3) TARGETS ESTABLISHED BY SECRETARY.— 
The Secretary may by rule establish a national 
building code energy efficiency target for residential 
or commercial buildings achieving greater reductions 
in energy use than the targets prescribed in para-
graph (1) or (2) if the Secretary determines that 
such greater reductions in energy use can be 
achieved with a code that is life cycle cost-justified 
and technically feasible. The Secretary may by rule 
establish a national building code energy efficiency 
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target for residential or commercial buildings achiev-
ing a reduction in energy use that is greater than 
zero but less than the targets prescribed in para-
graph (1) or (2) if the Secretary determines that 
such lesser target is the maximum reduction in en-
ergy use that can be achieved through a code that 
is life cycle cost-justified and technically feasible. 
‘‘(4) ADDITIONAL
REDUCTIONS
IN
ENERGY 
USE.—Effective on January 1, 2033, and once every 
3 years thereafter, the Secretary shall determine, 
after notice and opportunity for comment, whether 
further energy efficiency building code improvements 
for residential or commercial buildings, respectively, 
are life cycle cost-justified and technically feasible, 
and shall establish updated national building code 
energy efficiency targets that meet such criteria. 
‘‘(5) ZERO-NET-ENERGY
BUILDINGS.—In set-
ting targets under this subsection, the Secretary 
shall consider ways to support the deployment of 
distributed renewable energy technology, and shall 
seek to achieve the goal of zero-net-energy commer-
cial buildings established in section 422 of the En-
ergy Independence and Security Act of 2007 (42 
U.S.C. 17082). 
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‘‘(6) BASELINE CODE.—For purposes of this 
section, the term ‘baseline code’ means— 
‘‘(A) for residential buildings, the 2006 
International 
Energy 
Conservation 
Code 
(IECC) published by the International Code 
Council; and 
‘‘(B) for commercial buildings, the code 
published in ASHRAE Standard 90.1–2004. 
‘‘(7) CONSULTATION.—In establishing the tar-
gets required by this section, the Secretary shall 
consult with the Director of the National Institute of 
Standards and Technology. 
‘‘(b) NATIONAL ENERGY EFFICIENCY BUILDING 
CODES.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN GENERAL.—There shall be estab-
lished national energy efficiency building codes 
under this subsection, for residential and com-
mercial buildings, sufficient to meet each of the 
national building code energy efficiency targets 
established under subsection (a), not later than 
the date that is one year after the deadline for 
establishment of each such target. 
‘‘(B) EXISTING
CODE.—If the Secretary 
finds prior to the date one year after the dead-
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204 
line for establishing a target that one or more 
energy efficiency building codes published by a 
recognized consensus-based code development 
organization meet or exceed the established tar-
get, the Secretary shall select the code that 
meets the target with the highest efficiency in 
the most cost-effective manner, and such code 
shall be the national energy efficiency building 
code. 
‘‘(C) 
REQUIREMENT
TO
ESTABLISH 
CODE.—If the Secretary does not make a find-
ing under subparagraph (B), the national en-
ergy efficiency building code shall be established 
by rule by the Secretary under paragraph (2). 
‘‘(2) ESTABLISHMENT BY SECRETARY.— 
‘‘(A) PROCEDURE.—In order to establish a 
national energy efficiency building code as re-
quired under paragraph (1)(C), the Secretary 
shall— 
‘‘(i) not later than six months prior to 
the effective date for each target, review 
existing and proposed codes published or 
under review by recognized consensus- 
based code development organizations; 
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‘‘(ii) determine the percentage of en-
ergy efficiency improvements that are or 
would be achieved in such published or 
proposed code versions relative to the tar-
get; 
‘‘(iii) propose improvements to such 
published or proposed code versions suffi-
cient to meet or exceed the target; and 
‘‘(iv) unless a finding is made under 
paragraph (1)(B) with respect to a code 
published by a recognized consensus-based 
code development organization, adopt a 
code that meets or exceeds the relevant na-
tional building code energy efficiency tar-
get by not later than one year after the ef-
fective date of such target. 
‘‘(B) CALCULATIONS.—Each code estab-
lished by the Secretary under this paragraph 
shall be set at the maximum level the Secretary 
determines is life cycle cost-justified and tech-
nically feasible, in accordance with the fol-
lowing: 
‘‘(i) SAVINGS
CALCULATIONS.—Cal-
culations of energy savings shall take into 
account the typical lifetimes of different 
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products, measures, and system configura-
tions. 
‘‘(ii) COST-EFFECTIVENESS CALCULA-
TIONS.—Calculations of life cycle cost-ef-
fectiveness shall be based on life cycle cost 
methods and procedures under section 544 
of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8254), but shall incor-
porate to the extent feasible externalities 
such as impacts on climate change and on 
peak energy demand that are not already 
incorporated in assumed energy costs. 
‘‘(C) CONSIDERATIONS.—In developing a 
national energy efficiency building code under 
this paragraph, the Secretary shall consider— 
‘‘(i) for residential codes— 
‘‘(I) residential building stand-
ards 
published 
or 
proposed 
by 
ASHRAE; 
‘‘(II) residential building codes 
published or proposed in the Inter-
national Energy Conservation Code 
(IECC); 
‘‘(III) data from the Residential 
Energy Services Network (RESNET) 
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on compliance measures utilized by 
consumers to qualify for the residen-
tial energy efficiency tax credits estab-
lished under the Energy Policy Act of 
2005; 
‘‘(IV) data and information from 
the Department of Energy’s Building 
America Program; 
‘‘(V) data and information from 
the Energy Star New Homes pro-
gram; 
‘‘(VI) data and information from 
the New Building Institute and simi-
lar organizations; and 
‘‘(VII) standards for practices 
and materials to achieve cool roofs in 
residential buildings, taking into con-
sideration reduced air conditioning en-
ergy use as a function of cool roofs, 
the potential reduction in global 
warming from increased solar reflec-
tance from buildings, and cool roofs 
criteria in State and local building 
codes and in national and local vol-
untary programs; and 
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209 
sideration reduced air conditioning en-
ergy use as a function of cool roofs, 
the potential reduction in global 
warming from increased solar reflec-
tance from buildings, and cool roofs 
criteria in State and local building 
codes and in national and local vol-
untary programs. 
‘‘(D) CONSULTATION.—In establishing any 
national energy efficiency building code re-
quired by this section, the Secretary shall con-
sult with the Director of the National Institute 
of Standards and Technology. 
‘‘(3) CONSENSUS STANDARD ASSISTANCE.—(A) 
To support the development of consensus standards 
that may provide the basis for national energy effi-
ciency building codes, minimize duplication of effort, 
encourage progress through consensus, and facilitate 
the development of greater building efficiency, the 
Secretary shall provide assistance to recognized con-
sensus-based code development organizations to de-
velop, and where the relevant code has been adopted 
as the national code, disseminate consensus based 
energy efficiency building codes as provided in this 
paragraph. 
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‘‘(4) CODE DEVELOPED BY SECRETARY.—If the 
Secretary establishes a national energy efficiency 
building code under paragraph (2), the Secretary 
shall— 
‘‘(A) to the extent that such code is based 
on a prior code developed by a recognized con-
sensus-based code development organization, 
negotiate and provide appropriate compensation 
to such organization for the use of the code ma-
terials that remain in the code established by 
the Secretary; and 
‘‘(B) disseminate the national energy effi-
ciency building codes to State and local code of-
ficials, and support training and provide guid-
ance and technical assistance to such officials 
as appropriate. 
‘‘(c) STATE ADOPTION
OF ENERGY EFFICIENCY 
BUILDING CODES.— 
‘‘(1) REQUIREMENT.—Not later than 1 year 
after a national energy efficiency building code for 
residential or commercial buildings is established or 
revised under subsection (b), each State— 
‘‘(A) shall— 
‘‘(i) review and update the provisions 
of its building code regarding energy effi-
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212 
ciency to meet or exceed the target met in 
the new national code, to achieve equiva-
lent or greater energy savings; 
‘‘(ii) document, where local govern-
ments establish building codes, that local 
governments representing not less than 80 
percent of the State’s urban population 
have adopted the new national code, or 
have adopted local codes that meet or ex-
ceed the target met in the new national 
code to achieve equivalent or greater en-
ergy savings; or 
‘‘(iii) adopt the new national code; 
and 
‘‘(B) shall provide a certification to the 
Secretary demonstrating that energy efficiency 
building code provisions that apply throughout 
the State meet or exceed the target met by the 
new national code, to achieve equivalent or 
greater energy savings. 
‘‘(2) CONFIRMATION.— 
‘‘(A) REQUIREMENT.—Not later than 90 
days after a State certification is provided 
under paragraph (1)(B), the Secretary shall de-
termine whether the State’s energy efficiency 
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building code provisions meet the requirements 
of this subsection. 
‘‘(B) ACCEPTANCE BY SECRETARY.—If the 
Secretary determines under subparagraph (A) 
that the State’s energy efficiency building code 
or codes meet the requirements of this sub-
section, the Secretary shall accept the certifi-
cation. 
‘‘(C) DEFICIENCY
NOTICE.—If the Sec-
retary determines under subparagraph (A) that 
the State’s building code or codes do not meet 
the requirements of this subsection, the Sec-
retary shall identify the deficiency in meeting 
the national building code energy efficiency tar-
get, and, to the extent possible, indicate areas 
where further improvement in the State’s code 
provisions would allow the deficiency to be 
eliminated. 
‘‘(D) REVISION OF CODE AND RECERTIFI-
CATION.—A State may revise its code or codes 
and submit a recertification under paragraph 
(1)(B) to the Secretary at any time. 
‘‘(3) COMPLIANT CODE.—For the purposes of 
meeting the target described in subsection (a)(1)(A) 
for residential buildings, a State that adopts the 
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code represented in California’s Title 24–2009 by 
the date two years after the date of enactment of the 
American Clean Energy and Security Act of 2009 
shall be considered to have met the requirements of 
this subsection for the applicable period. 
‘‘(d) APPLICATION OF NATIONAL CODE TO STATE 
AND LOCAL JURISDICTIONS.— 
‘‘(1) IN GENERAL.—Upon the expiration of 1 
year after a national energy efficiency building code 
is established under subsection (b), in any jurisdic-
tion where the State has not had a certification re-
lating to that code accepted by the Secretary under 
subsection (c)(2)(B), and the local government has 
not had a certification relating to that code accepted 
by the Secretary under subsection (e)(6)(B), the na-
tional code shall become the applicable energy effi-
ciency building code for such jurisdiction. 
‘‘(2) STATE
LEGISLATIVE
ADOPTION.—In a 
State in which the relevant building energy code is 
adopted legislatively, the deadline in paragraph (1) 
shall not be earlier than 1 year after the first day 
that the legislature meets following establishment of 
a national energy efficiency building code. 
‘‘(3) VIOLATIONS.—It shall be a violation of 
this section for an owner or builder of a building to 
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knowingly occupy, permit occupancy of, or convey 
the building if the building is subject to the require-
ments of— 
‘‘(A) a State energy efficiency building 
code with respect to which a certification has 
been accepted by the Secretary under sub-
section (c)(2)(B); 
‘‘(B) a local energy efficiency building code 
with respect to which a certification has been 
accepted by the Secretary under subsection 
(e)(6)(B); or 
‘‘(C) a national energy efficiency building 
code adopted under subsection (c)(1)(A)(i) or 
made applicable under paragraph (1) of this 
subsection, 
if the building was constructed out of compliance 
with such code. 
‘‘(e) STATE ENFORCEMENT OF ENERGY EFFICIENCY 
BUILDING CODES.— 
‘‘(1) IN GENERAL.—Each State, or where appli-
cable under State law each local government, shall 
implement and enforce applicable State or local 
codes with respect to which a certification was ac-
cepted by the Secretary under subsection (c)(2)(B) 
or paragraph (6)(B) of this subsection, or the na-
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tional energy efficiency building codes, as provided 
in this subsection. 
‘‘(2) STATE CERTIFICATION.—Not later than 2 
years after the date of a certification under sub-
section (c)(1) or the establishment of a national en-
ergy efficiency building code under subsection (b), 
each State shall certify that it has— 
‘‘(A) achieved compliance with— 
‘‘(i) State codes, or, as provided under 
State law, local codes, with respect to 
which a certification was accepted by the 
Secretary under subsection (c)(2)(B); or 
‘‘(ii) the national energy efficiency 
building code, as applicable; or 
‘‘(B) for any certification submitted within 
7 years after the date of enactment of the 
American Clean Energy and Security Act of 
2009, made significant progress toward achiev-
ing such compliance. 
‘‘(3) ACHIEVING COMPLIANCE.—A State shall 
be considered to achieve compliance with a code de-
scribed in paragraph (2)(A) if at least 90 percent of 
new and substantially renovated building space in 
that State in the preceding year upon inspection 
meets the requirements of the code. A certification 
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under paragraph (2) shall include documentation of 
the rate of compliance based on— 
‘‘(A) independent inspections of a random 
sample of the new and substantially renovated 
buildings covered by the code in the preceding 
year; or 
‘‘(B) an alternative method that yields an 
accurate measure of compliance as determined 
by the Secretary. 
‘‘(4) SIGNIFICANT PROGRESS.—A State shall be 
considered to have made significant progress toward 
achieving compliance with a code described in para-
graph (2)(A) if— 
‘‘(A) the State has developed a plan, in-
cluding for hiring enforcement staff, providing 
training, providing manuals and checklists, and 
instituting enforcement programs, designed to 
achieve full compliance within 5 years after the 
date of the adoption of the code; 
‘‘(B) the State is taking significant, timely, 
and measurable action to implement that plan; 
‘‘(C) the State has not reduced its expendi-
tures for code enforcement; and 
‘‘(D) at least 50 percent of new and sub-
stantially renovated building space in the State 
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in the preceding year upon inspection meets the 
requirements of the code. 
‘‘(5) SECRETARY’S DETERMINATION.—Not later 
than 90 days after a State certification under para-
graph (2), the Secretary shall determine whether the 
State has demonstrated that it has complied with 
the requirements of this subsection, including accu-
rate measurement of compliance, or that it has made 
significant progress toward compliance. If such de-
termination is positive, the Secretary shall accept 
the certification. If the determination is negative, 
the Secretary shall identify the areas of deficiency. 
‘‘(6) OUT OF COMPLIANCE.— 
‘‘(A) IN GENERAL.—Any State for which 
the Secretary has not accepted a certification 
under paragraph (5) by a deadline established 
under this subsection is out of compliance with 
this section. 
‘‘(B) LOCAL COMPLIANCE.—In any State 
that is out of compliance with this section as 
provided in subparagraph (A), a local govern-
ment may be in compliance with this section by 
meeting all certification requirements applicable 
to the State. 
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‘‘(C) NONCOMPLIANCE.—Any State that is 
not in compliance with this section, as provided 
in subparagraph (A), shall, until the State re-
gains such compliance, be ineligible to receive— 
‘‘(i) emission allowances pursuant to 
subsection (h)(1); 
‘‘(ii) Federal funding in excess of that 
State’s share (calculated according to the 
allocation formula in section 363 of the 
Energy Policy and Conservation Act (42 
U.S.C. 6323)) of $125,000,000 each year; 
and 
‘‘(iii) for— 
‘‘(I) the first year for which the 
State is out of compliance, 25 percent 
of any additional funding or other 
items of monetary value otherwise 
provided under the American Clean 
Energy and Security Act of 2009; 
‘‘(II) the second year for which 
the State is out of compliance, 50 per-
cent of any additional funding or 
other items of monetary value other-
wise provided under the American 
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Clean Energy and Security Act of 
2009; 
‘‘(III) the third year for which 
the State is out of compliance, 75 per-
cent of any additional funding or 
other items of monetary value other-
wise provided under the American 
Clean Energy and Security Act of 
2009; and 
‘‘(IV) the fourth and subsequent 
years for which the State is out of 
compliance, 100 percent of any addi-
tional funding or other items of mone-
tary value otherwise provided under 
the American Clean Energy and Secu-
rity Act of 2009. 
‘‘(f) FEDERAL ENFORCEMENT.—Where a State fails 
and local governments in that State also fail to enforce 
the applicable State or national energy efficiency building 
codes, the Secretary shall enforce such codes, as follows: 
‘‘(1) The Secretary shall establish, by rule, 
within 2 years after the date of enactment of the 
American Clean Energy and Security Act of 2009, 
an energy efficiency building code enforcement capa-
bility. 
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221 
‘‘(2) Such enforcement capability shall be de-
signed to achieve 90 percent compliance with such 
code in any State within 1 year after the date of the 
Secretary’s determination that such State is out of 
compliance with this section. 
‘‘(3) The Secretary may set and collect reason-
able inspection fees to cover the costs of inspections 
required for such enforcement. Revenue from fees 
collected shall be available to the Secretary to carry 
out the requirements of this section upon appropria-
tion. 
‘‘(g) ENFORCEMENT PROCEDURES.—(1) The Sec-
retary shall assess a civil penalty for violations of this sec-
tion, pursuant to subsection (d)(3), in accordance with the 
procedures described in section 333(d) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6303). The United 
States district courts shall also have jurisdiction to re-
strain any violation of this section or rules adopted there-
under, in accordance with the procedures described in sec-
tion 334 of the Energy Policy and Conservation Act (42 
U.S.C. 6304). 
‘‘(2) Each day of unlawful occupancy shall be consid-
ered a separate violation. 
‘‘(3) In the event a building constructed out of com-
pliance with the applicable code has been conveyed by a 
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knowing builder or knowing seller to an unknowing pur-
chaser, the builder or seller shall be the violator. 
‘‘(h) FEDERAL SUPPORT.— 
‘‘(1) ALLOWANCE
ALLOCATION
FOR
STATE 
COMPLIANCE.—Not later than June 1, 2011, and on 
that date in each year thereafter, the Administrator 
shall provide emission allowances to the SEED Ac-
count for each State that the Secretary identifies as 
a State from which he has accepted the State’s cer-
tification under subsection (e)(5) for compliance 
with the then current national energy efficiency 
building codes. Such allowances shall be distributed 
from an amount of 0.5 percent of the allowances 
made available for each year pursuant to the Amer-
ican Clean Energy and Security Act of 2009 to each 
State in accordance with a formula established by 
the Secretary as follows: 
‘‘(A) One-fifth in an equal amount to each 
of the 50 States and United States territories. 
‘‘(B) Two-fifths as a function of the rel-
ative energy use in all buildings in each State 
in the most recent year for which data is avail-
able. 
‘‘(C) Two-fifths based on the number of 
building construction starts recorded in each 
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State, the number of new building permits ap-
plied for in each State, or other relevant avail-
able data indicating building activity in each 
State, in the judgment of the Secretary, for the 
year prior to the year of the allocation. 
‘‘(2) ALLOWANCE ALLOCATION TO LOCAL GOV-
ERNMENTS.—In the instance that the Secretary cer-
tifies that one or more local governments are in com-
pliance with this section pursuant to subsection 
(e)(6)(B), the Administrator shall provide to each 
such local government the portion of the emission al-
lowances that would have been provided to that 
State as a function of the population of that locality 
as a proportion of the population of that State as a 
whole. 
‘‘(3) UNALLOCATED ALLOWANCES.—To the ex-
tent that allowances are not provided to State or 
local governments for lack of certification in any 
year, those allowances shall be added to the amount 
provided to those States and local governments that 
are certified as eligible in that year. 
‘‘(4) USE
OF
ALLOWANCES.—Each State or 
each local government shall use such emission allow-
ances as it receives pursuant to this section exclu-
sively for the purposes of this section, including cov-
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ering a reasonable portion of the costs of the devel-
opment, adoption, implementation, and enforcement 
of a State or local energy efficiency building code 
with respect to which a certification is accepted by 
the Secretary under subsection (c)(2)(B) or sub-
section (e)(6)(B), or the national energy efficiency 
building code. 
‘‘(i) ANNUAL REPORTS BY SECRETARY.—The Sec-
retary shall annually submit to Congress, and publish in 
the Federal Register, a report on— 
‘‘(1) the status of national building energy effi-
ciency codes; 
‘‘(2) the status of energy efficiency building 
code adoption and compliance in the States; 
‘‘(3) the implementation of this section; and 
‘‘(4) impacts of past action under this section, 
and potential impacts of further action, on lifetime 
energy use by buildings, including resulting energy 
and cost savings.’’. 
SEC. 202. BUILDING RETROFIT PROGRAM. 
(a) DEFINITIONS.—For purposes of this section: 
(1) NONRESIDENTIAL
BUILDING.—The term 
‘‘nonresidential building’’ means a building with a 
primary use or purpose other than residential hous-
ing, including commercial offices, schools, academic 
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and other public and private institutions, nonprofit 
organizations, hospitals, hotels, and houses of wor-
ship. Such buildings shall include mixed-use prop-
erties used for both residential and nonresidential 
purposes in which more than half of building floor 
space is nonresidential. 
(2) PERFORMANCE-BASED BUILDING RETROFIT 
PROGRAM.—The term ‘‘performance-based building 
retrofit program’’ means a program that determines 
building energy efficiency success based on actual 
measured savings after a retrofit is complete, as evi-
denced by energy invoices or evaluation protocols. 
(3) PRESCRIPTIVE
BUILDING
RETROFIT
PRO-
GRAM.—The term ‘‘prescriptive building retrofit pro-
gram’’ means a program that projects building ret-
rofit energy efficiency success based on the known 
effectiveness of measures prescribed to be included 
in a retrofit. 
(4) 
RECOMMISSIONING; 
RETROCOMMISSIONING.—The 
terms 
‘‘recommis-
sioning’’ and ‘‘retrocommissioning’’ have the mean-
ing given those terms in section 543(f)(1) of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 
8253(f)(1)). 
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(5) RESIDENTIAL BUILDING.—The term ‘‘resi-
dential building’’ means a building whose primary 
use is residential. Such buildings shall include sin-
gle-family homes (both attached and detached), 
owner-occupied units in larger buildings with their 
own dedicated space-conditioning systems, and build-
ings used for both residential and nonresidential 
purposes in which more than half of building floor 
space is residential. 
(6) STATE
ENERGY
PROGRAM.—The term 
‘‘State Energy Program’’ means the program under 
part D of title III of the Energy Policy and Con-
servation Act (42 U.S.C. 6321 et seq.). 
(b) ESTABLISHMENT.—The Administrator shall de-
velop and implement, in consultation with the Secretary 
of Energy, standards for a national energy and environ-
mental building retrofit policy for single-family and multi-
family residences. The Administrator shall develop and 
implement, in consultation with the Secretary of Energy 
and the Director of Commercial High-Performance Green 
Buildings, standards for a national energy and environ-
mental building retrofit policy for nonresidential buildings. 
The programs to implement the residential and nonresi-
dential policies based on the standards developed under 
this section shall together be known as the Retrofit for 
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Energy and Environmental Performance (REEP) pro-
gram. 
(c) PURPOSE.—The purpose of the REEP program 
is to facilitate the retrofitting of existing buildings across 
the United States to achieve maximum cost-effective en-
ergy efficiency improvements and significant improve-
ments in water use and other environmental attributes. 
(d) FEDERAL ADMINISTRATION.— 
(1) EXISTING PROGRAMS.—In creating and op-
erating the REEP program— 
(A) the Administrator shall make appro-
priate use of existing programs, including the 
Energy Star program and in particular the En-
vironmental Protection Agency Energy Star for 
Buildings program; and 
(B) the Secretary of Energy shall make 
appropriate use of existing programs, including 
delegating authority to the Director of Commer-
cial High-Performance Green Buildings ap-
pointed under section 421 of the Energy Inde-
pendence and Security Act of 2007 (42 U.S.C. 
17081), who shall designate and provide fund-
ing to support a high-performance green build-
ing partnership consortium pursuant to sub-
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section (f) of such section to support efforts 
under this section. 
(2) CONSULTATION AND COORDINATION.—The 
Administrator and the Secretary of Energy shall 
consult with and coordinate with the Secretary of 
Housing and Urban Development in carrying out the 
REEP program. 
(3) ALLOCATION
OF
ALLOWANCES.—The Ad-
ministrator shall support the REEP program by 
providing emission allowances to each State’s SEED 
Account for the purposes of the program, and pro-
viding, as appropriate, emission allowances to a local 
government entity that carries out the purposes of 
this section in the absence of a State program. The 
Administrator shall support administration of the 
program through such existing State and local agen-
cies or entities, including those regulated by the 
State, that the State designates to carry out the 
purposes of this section. The Administrator shall en-
sure accountability for allowances dispensed, and 
shall confirm measurement and verification of en-
ergy, water, and environmental savings achieved. 
(4) ASSISTANCE.—The Administrator and the 
Secretary of Energy shall provide consultation and 
assistance to State and local agencies for the estab-
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229 
lishment of revolving loan funds, loan guarantees, or 
other forms of financial assistance under this sec-
tion. 
(e) STATE AND LOCAL ADMINISTRATION.— 
(1) DELEGATION.—The designated State agen-
cy, agencies, or entities described in subsection 
(d)(3) may delegate performance of appropriate ele-
ments of the REEP program, upon their request 
and subject to State law, to counties, municipalities, 
appropriate public agencies, and other divisions of 
local government, as well as to entities regulated by 
the State. In making any such delegation, a State 
shall give priority to entities that administer existing 
comprehensive retrofit programs, including those 
under the supervision of State utility regulators. The 
State shall ensure accountability for the use of al-
lowances provided under this section, and to the ex-
tent such allowances are sold by the State, for the 
proceeds. States shall maintain responsibility for 
meeting the standards and requirements of the 
REEP program. In any State that elects not to ad-
minister the REEP program, a unit of local govern-
ment may propose to do so within its jurisdiction, 
and if the Administrator finds that such local gov-
ernment is capable of administering the program, 
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230 
the Administrator may provide allowances to that 
local government, prorated according to the popu-
lation of the local jurisdiction relative to the popu-
lation of the State, for purposes of the REEP pro-
gram. 
(2) EMPLOYMENT.—States and local govern-
ment entities may administer a REEP program in 
a manner that authorizes public or regulated inves-
tor-owned utilities, building auditors and inspectors, 
contractors, nonprofit organizations, for-profit com-
panies, and other entities to perform audits and ret-
rofit services under this section. A State may pro-
vide incentives for retrofits without direct participa-
tion by the State or its agents, so long as the result-
ing savings are measured and verified. A State or 
local administrator of a REEP program shall seek 
to ensure that sufficient qualified entities are avail-
able to support retrofit activities so that building 
owners have a competitive choice among qualified 
auditors, raters, contractors, and providers of serv-
ices related to retrofits. Nothing in this section is in-
tended to preclude or preempt the right of a building 
owner to choose the specific providers of retrofit 
services to engage for a retrofit project in that own-
er’s building. 
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(3) EQUAL INCENTIVES FOR EQUAL IMPROVE-
MENT.—In general, the States should strive to offer 
the same levels of incentives for retrofits that meet 
the same efficiency improvement goals, regardless of 
whether the State, its agency or entity, or the build-
ing owner has conducted the retrofit achieving the 
improvement, provided the improvement is measured 
and verified. 
(f) ELEMENTS OF REEP PROGRAM.—The Adminis-
trator, in consultation with the Secretary of Energy, shall 
establish goals, guidelines, practices, and standards for ac-
complishing the purpose stated in subsection (c), and shall 
annually review and, as appropriate, revise such goals, 
guidelines, practices, and standards. The program under 
this section shall include the following: 
(1) 
Residential 
Energy 
Services 
Network 
(RESNET) or Building Performance Institute 
(BPI) analyst certification of residential building en-
ergy and environment auditors, inspectors, and rat-
ers, or an equivalent certification system as deter-
mined by the Administrator. 
(2) BPI certification or licensing by States of 
residential building energy and environmental ret-
rofit contractors, or an equivalent certification or li-
censing system as determined by the Administrator. 
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(3) Provision of BPI, RESNET, or other ap-
propriate information on equipment and procedures, 
as determined by the Administrator, that contractors 
can use to test the energy and environmental effi-
ciency of buildings effectively (such as infrared pho-
tography and pressurized testing, and tests for water 
use and indoor air quality). 
(4) Provision of clear and effective materials to 
describe the testing and retrofit processes for typical 
buildings. 
(5) Guidelines for offering and managing pre-
scriptive building retrofit programs and perform-
ance-based building retrofit programs for residential 
and nonresidential buildings. 
(6) Guidelines for applying recommissioning 
and retrocommissioning principles to improve a 
building’s operations and maintenance procedures. 
(7) A requirement that building retrofits con-
ducted pursuant to a REEP program utilize, espe-
cially in all air-conditioned buildings, roofing mate-
rials with high solar energy reflectance, unless inap-
propriate due to green roof management, solar en-
ergy production, or for other reasons identified by 
the Administrator, in order to reduce energy con-
sumption within the building, increase the albedo of 
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233 
the building’s roof, and decrease the heat island ef-
fect in the area of the building. 
(8) Determination of energy savings in a per-
formance-based building retrofit program through— 
(A) for residential buildings, comparison of 
before and after retrofit scores on the Home 
Energy Rating System (HERS) Index, where 
the final score is produced by an objective third 
party; 
(B) for nonresidential buildings, Environ-
mental Protection Agency Portfolio Manager 
benchmarks; or 
(C) for either residential or nonresidential 
buildings, use of an Administrator-approved 
simulation program by a contractor with the 
appropriate certification, subject to appropriate 
software standards and verification of at least 
15 percent of all work done, or such other per-
centage as the Administrator may determine. 
(9) Guidelines for utilizing the Energy Star 
Portfolio Manager, the Home Energy Rating System 
(HERS) rating system, Home Performance with En-
ergy Star program approvals, and any other tools 
associated with the retrofit program. 
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(10) Requirements and guidelines for post-ret-
rofit inspection and confirmation of work and energy 
savings. 
(11) Detailed descriptions of funding options 
for the benefit of State and local governments, along 
with model forms, accounting aids, agreements, and 
guides to best practices. 
(12) Guidance on opportunities for— 
(A) rating or certifying retrofitted build-
ings as Energy Star buildings, or as green 
buildings under a recognized green building rat-
ing system; 
(B) assigning Home Energy Rating Sys-
tem (HERS) or similar ratings; and 
(C) completing any applicable building per-
formance labels. 
(13) Sample materials for publicizing the pro-
gram to building owners, including public service an-
nouncements and advertisements. 
(14) Processes for tracking the numbers and lo-
cations of buildings retrofitted under the REEP pro-
gram, with information on projected and actual sav-
ings of energy and its value over time. 
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(g) REQUIREMENTS.—As a condition of receiving al-
lowances for the REEP program pursuant to this Act, a 
State or qualifying local government shall— 
(1) adopt the standards for training, certifi-
cation of contractors, certification of buildings, and 
post-retrofit inspection as developed by the Adminis-
trator for residential and nonresidential buildings, 
respectively, except as necessary to match local con-
ditions, needs, efficiency opportunities, or other local 
factors, or to accord with State laws or regulations, 
and then only after the Administrator approves such 
a variance; and 
(2) establish fiscal controls and accounting pro-
cedures (which conform to generally accepted gov-
ernment accounting principles) sufficient to ensure 
proper accounting during appropriate accounting pe-
riods for payments received and disbursements, and 
for fund balances. 
The Administrator shall conduct or require each State to 
have such independent financial audits of REEP-related 
funding as the Administrator considers necessary or ap-
propriate to carry out the purposes of this section. 
(h) OPTIONS TO SUPPORT REEP PROGRAM.—The 
emission allowances provided pursuant to this Act to the 
States’ SEED Accounts shall support the implementation 
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236 
through State REEP programs of alternate means of cre-
ating incentives for, or reducing financial barriers to, im-
proved energy and environmental performance in build-
ings, consistent with this section, including— 
(1) implementing prescriptive building retrofit 
programs and performance-based building retrofit 
programs; 
(2) providing credit enhancement, interest rate 
subsidies, loan guarantees, or other credit support; 
(3) providing initial capital for public revolving 
fund financing of retrofits, with repayments by bene-
ficiary building owners over time through their tax 
payments, calibrated to create net positive cash flow 
to the building owner; 
(4) providing funds to support utility-operated 
retrofit programs with repayments over time 
through utility rates, calibrated to create net positive 
cash flow to the building owner, and transferable 
from one building owner to the next with the build-
ing’s utility services; 
(5) providing funds to local government pro-
grams to provide REEP services and financial as-
sistance; and 
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(6) other means proposed by State and local 
agencies, subject to the approval of the Adminis-
trator. 
(i) SUPPORT FOR PROGRAM.— 
(1) USE
OF
ALLOWANCES.—The REEP pro-
gram shall be supported by the use of emission al-
lowances allocated to the States’ SEED Accounts 
pursuant to section 132 of this Act. To the extent 
that a State provides allowances to local govern-
ments within the State to implement elements of the 
REEP Program, that shall be deemed a distribution 
of such allowances to units of local government pur-
suant to subsection (c)(1) of that section. 
(2) INITIAL
AWARD
LIMITS.—Except as pro-
vided in paragraph (3), State and local REEP pro-
grams may make per-building direct expenditures 
for retrofit improvements, or their equivalent in indi-
rect or other forms of financial support, from funds 
derived from the sale of allowances received directly 
from the Administrator in amounts not to exceed the 
following: 
(A) RESIDENTIAL BUILDING PROGRAM.— 
(i) AWARDS.—For residential build-
ings— 
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(I) support for a free or low-cost 
detailed building energy audit that 
prescribes, as part of a energy-reduc-
ing measures sufficient to achieve at 
least a 20 percent reduction in energy 
use, by providing an incentive equal to 
the documented cost of such audit, 
but not more than $200, in addition 
to any earned by achieving a 20 per-
cent or greater efficiency improve-
ment; 
(II) a total of $1,000 for a com-
bination of measures, prescribed in an 
audit conducted under subclause (I), 
designed to reduce energy consump-
tion by more than 10 percent, and 
$2,000 for a combination of measures 
prescribed in such an audit, designed 
to reduce energy consumption by more 
than 20 percent; 
(III) $3,000 for demonstrated 
savings of 20 percent, pursuant to a 
performance-based building retrofit 
program; and 
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(IV) $1,000 for each additional 5 
percentage points of energy savings 
achieved beyond savings for which 
funding is provided under subclause 
(II) or (III). 
Funding shall not be provided under 
clauses (II) and (III) for the same energy 
savings. 
(ii) MAXIMUM PERCENTAGE.—Awards 
under clause (i) shall not exceed 50 per-
cent of retrofit costs for each building. For 
buildings with multiple residential units, 
awards under clause (i) shall not be great-
er than 50 percent of the total cost of ret-
rofitting the building, prorated among indi-
vidual residential units on the basis of rel-
ative costs of the retrofit. 
(iii) 
ADDITIONAL
AWARDS.—Addi-
tional awards may be provided for pur-
poses of increasing energy efficiency, for 
buildings achieving at least 20 percent en-
ergy savings using funding provided under 
clause (i), in the form of grants of not 
more than $600 for measures projected or 
measured (using an appropriate method 
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approved by the Administrator) to achieve 
at least 35 percent potable water savings 
through equipment or systems with an es-
timated service life of not less than seven 
years, and not more than an additional 
$20 may be provided for each additional 
one percent of such savings, up to a max-
imum total grant of $1,200. 
(B) NONRESIDENTIAL
BUILDING
PRO-
GRAM.— 
(i) 
AWARDS.—For 
nonresidential 
buildings— 
(I) support for a free or low-cost 
detailed building energy audit that 
prescribes, as part of a energy-reduc-
ing measures sufficient to achieve at 
least a 20 percent reduction in energy 
use, by providing an incentive equal to 
the documented cost of such audit, 
but not more than $500, in addition 
to any award earned by achieving a 
20 percent or greater efficiency im-
provement; 
(II) $0.15 per square foot of ret-
rofit area for demonstrated energy use 
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reductions from 20 percent to 30 per-
cent; 
(III) $0.75 per square foot for 
demonstrated energy use reductions 
from 30 percent to 40 percent; 
(IV) $1.60 per square foot for 
demonstrated energy use reductions 
from 40 percent to 50 percent; and 
(V) $2.50 per square foot for 
demonstrated energy use reductions 
exceeding 50 percent. 
(ii) 
MAXIMUM
PERCENTAGE.— 
Amounts provided under subclauses (II) 
through (V) of clause (i) combined shall 
not exceed 50 percent of the total retrofit 
cost of a building. In nonresidential build-
ings with multiple units, such awards shall 
be prorated among individual units on the 
basis of relative costs of the retrofit. 
(iii) 
ADDITIONAL
AWARDS.—Addi-
tional awards may be provided, for build-
ings achieving at least 20 percent energy 
savings using funding provided under 
clause (i), as follows: 
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(I) WATER.—For purposes of in-
creasing energy efficiency, grants may 
be made for whole building potable 
water use reduction (using an appro-
priate method approved by the Sec-
retary of Energy) for up to 50 percent 
of the total retrofit cost, including 
amounts up to— 
(aa) $24.00 per thousand 
gallons per year of potable water 
savings of 40 percent or more; 
(bb) $27.00 per thousand 
gallons per year of potable water 
savings of 50 percent or more; 
and 
(cc) $30.00 per thousand 
gallons per year of potable water 
savings of 60 percent or more. 
(II) ENVIRONMENTAL
IMPROVE-
MENTS.—Additional awards of up to 
$1,000 may be granted for the inclu-
sion of other environmental attributes 
that the Secretary, in consultation 
with the Administrator, identifies as 
contributing to energy efficiency. Such 
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attributes may include, but are not 
limited to waste diversion and the use 
of environmentally preferable mate-
rials (including salvaged, renewable, 
or recycled materials, and materials 
with no or low-VOC content). The Ad-
ministrator 
may 
recommend 
that 
States develop such standards as are 
necessary to account for local or re-
gional conditions that may affect the 
feasibility or availability of identified 
resources and attributes. 
(iv) INDOOR AIR QUALITY MINIMUM.— 
Nonresidential buildings receiving incen-
tives under this section must satisfy at a 
minimum the most recent version of 
ASHRAE Standard 62.1 for ventilation, or 
the equivalent as determined by the Ad-
ministrator. A State may issue a waiver 
from this requirement to a building project 
on a showing that such compliance is in-
feasible due to the physical constraints of 
the building’s existing ventilation system, 
or such other limitations as may be speci-
fied by the Administrator. 
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(C) 
HISTORIC
BUILDINGS.—Notwith-
standing subparagraphs (A) and (B), a building 
in or eligible for the National Register of His-
toric Places shall be eligible for awards under 
this paragraph in amounts up to 120 percent of 
the amounts set forth in subparagraphs (A) and 
(B). 
(D) SUPPLEMENTAL SUPPORT.—State and 
local governments may supplement the per- 
building expenditures under this paragraph 
with funding from other sources. 
(3) ADJUSTMENT.—The Administrator may ad-
just the specific dollar limits funded by the sale of 
allowances pursuant to paragraph (2) in years sub-
sequent to the second year after the date of enact-
ment of this Act, and every 2 years thereafter, as 
the Administrator determines necessary to achieve 
optimum cost-effectiveness and to maximize incen-
tives to achieve energy efficiency within the total 
building award amounts provided in that paragraph, 
and shall publish and hold constant such revised lim-
its for at least 2 years. 
(j) REPORT TO CONGRESS.—The Administrator shall 
conduct an annual assessment of the achievements of the 
REEP program in each State, shall prepare an annual re-
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port of such achievements and any recommendations for 
program modifications, and shall provide such report to 
Congress at the end of each fiscal year during which fund-
ing or other resources were made available to the States 
for the REEP Program. 
(k) OTHER SOURCES OF FEDERAL SUPPORT.— 
(1) ADDITIONAL
STATE
ENERGY
PROGRAM 
FUNDS.—Any Federal funding provided to a State 
Energy Program that is not required to be expended 
for a different federally designated purpose may be 
used to support a REEP program. 
(2) PROGRAM ADMINISTRATION.—State Energy 
Offices or designated State agencies may expend up 
to 10 percent of available funding provided under 
this section for program administration. 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for the pur-
poses of this section, for each of fiscal years 2010, 
2011, 2012, and 2013— 
(A) $50,000,000 to the Administrator for 
program administration costs; and 
(B) $20,000,000 to the Secretary of En-
ergy for program administration costs. 
SEC. 203. ENERGY EFFICIENT MANUFACTURED HOMES. 
(a) DEFINITIONS.—In this section: 
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(1) MANUFACTURED HOME.—The term ‘‘manu-
factured home’’ has the meaning given such term in 
section 603 of the National Manufactured Housing 
Construction and Safety Standards Act of 1974 (42 
U.S.C. 5402). 
(2) ENERGY STAR QUALIFIED MANUFACTURED 
HOME.—The term ‘‘Energy Star qualified manufac-
tured home’’ means a manufactured home that has 
been designed, produced, and installed in accordance 
with Energy Star’s guidelines by an Energy Star 
certified plant. 
(b) PURPOSE.—The purpose of this section is to as-
sist low-income households residing in manufactured 
homes constructed prior to 1976 to save energy and en-
ergy expenditures by providing support toward the pur-
chase of new Energy Star qualified manufactured homes. 
(c) STATE IMPLEMENTATION OF PROGRAM.— 
(1) MANUFACTURED HOME REPLACEMENT PRO-
GRAM.—Any State may provide to the owner of a 
manufactured home constructed prior to 1976 a re-
bate to use toward the purchase of a new Energy 
Star qualified manufactured home pursuant to this 
section. 
(2) USE OF ALLOWANCES.—The program es-
tablished in this section shall be supported by the 
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use of emission allowances allocated to the States’ 
SEED Accounts pursuant to section 782 of this Act. 
To the extent that a State provides allowances to 
local governments within the State to implement this 
program, that shall be deemed a distribution of such 
allowances to units of local government pursuant to 
subsection (c)(1) of that section. 
(3) REBATES.— 
(A) 
PRIMARY
RESIDENCE
REQUIRE-
MENT.—A rebate described under paragraph 
(1) may only be made to an owner of a manu-
factured home constructed prior to 1976 that is 
used on a year-round basis as a primary resi-
dence. 
(B) DISMANTLING AND REPLACEMENT.—A 
rebate described under paragraph (1) may be 
made only if the manufactured home con-
structed prior to 1976 will be— 
(i) rendered unusable for human habi-
tation (including appropriate recycling); 
and 
(ii) replaced, in the same general loca-
tion, as determined by the applicable State 
agency, with an Energy Star qualified 
manufactured home. 
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(C) SINGLE REBATE.—A rebate described 
under paragraph (1) may not be provided to 
any owner of a manufactured home constructed 
prior to 1976 that was or is a member of a 
household for which any other member of the 
household was provided a rebate pursuant to 
this section. 
(D) ELIGIBLE HOUSEHOLDS.—To be eligi-
ble to receive a rebate described under para-
graph (1), an owner of a manufactured home 
constructed prior to 1976 shall demonstrate to 
the applicable State agency that the total in-
come of all members the owner’s household does 
not exceed 200 percent of the Federal poverty 
level for income in the applicable area. 
(E) ADVANCE
AVAILABILITY.—A rebate 
may be provided under this section in a manner 
to facilitate the purchase of a new Energy Star 
qualified manufactured home. 
(4) REBATE LIMITATION.—Rebates provided by 
States under this section shall not exceed $7,500 per 
manufactured home from any value derived from the 
use of emission allowances provided to the State 
pursuant to section 132. 
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(5) USE OF STATE FUNDS.—A State providing 
rebates under this section may supplement the 
amount of such rebates under paragraph (4) by any 
additional amount is from State funds and other 
sources, including private donations or grants from 
charitable organizations. 
(6) 
COORDINATION
WITH
SIMILAR
PRO-
GRAMS.— 
(A) STATE
PROGRAMS.—A State con-
ducting an existing program that has the pur-
pose of replacing manufactured homes con-
structed prior to 1976 with Energy Star quali-
fied manufactured homes, may use allowance 
value provided under section 782 to support 
such a program, provided such funding does not 
exceed the rebate limitation amount under 
paragraph (4). 
(B) FEDERAL PROGRAMS.—The Secretary 
of Energy shall coordinate with and seek to 
achieve the purpose of this section through 
similar Federal programs including— 
(i) the Weatherization Assistance Pro-
gram under part A of title IV of the En-
ergy Conservation and Production Act (42 
U.S.C. 6861 et seq.); and 
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(ii) the program under part D of title 
III of the Energy Policy and Conservation 
Act (42 U.S.C. 6321 et seq.). 
(C) COORDINATION
WITH
OTHER
STATE 
AGENCIES.—A State agency using allowance 
value to administer the program under this sec-
tion may coordinate its efforts, and share funds 
for administration, with other State agencies in-
volved in low-income housing programs. 
(7) 
ADMINISTRATIVE
EXPENSES.—A 
State 
using allowance value under this section may expend 
not more than 10 percent of such value for adminis-
trative expenses related to this program. 
SEC. 204. BUILDING ENERGY PERFORMANCE LABELING 
PROGRAM. 
(a) ESTABLISHMENT.— 
(1) PURPOSE.—The Administrator shall estab-
lish a building energy performance labeling program 
with broad applicability to the residential and com-
mercial markets to enable and encourage knowledge 
about building energy performance by owners and 
occupants and to inform efforts to reduce energy 
consumption nationwide. 
(2) COMPONENTS.—In developing such pro-
gram, the Administrator shall— 
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(A) consider existing programs, such as 
Environmental Protection Agency’s Energy 
Star program, the Home Energy Rating System 
(HERS) Index, and programs at the Depart-
ment of Energy; 
(B) support the development of model per-
formance labels for residential and commercial 
buildings; and 
(C) utilize incentives and other means to 
spur use of energy performance labeling of pub-
lic and private sector buildings nationwide. 
(b) DATA ASSESSMENT FOR BUILDING ENERGY PER-
FORMANCE.— 
(1) INITIAL REPORT.—Not later than 90 days 
after the date of enactment of this Act, the Adminis-
trator shall provide to Congress, as well as to the 
Secretary of Energy and the Office of Management 
and Budget, a report identifying— 
(A) all principal building types for which 
statistically significant energy performance data 
exists to serve as the basis of measurement pro-
tocols and labeling requirements for achieved 
building energy performance; and 
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(B) those building types for which addi-
tional data are required to enable the develop-
ment of such protocols and requirements. 
(2) ADDITIONAL REPORTS.—Additional updated 
reports shall be provided under this subsection as 
often as The Administrator considers practicable, 
but not less than every 2 years. 
(c) BUILDING DATA ACQUISITION.— 
(1) RESOURCE REQUIREMENTS.—For all prin-
cipal building types identified under subsection (b), 
the Secretary of Energy, not later than 90 days 
after a report by the Administrator under subsection 
(b), shall provide to Congress, the Administrator, 
and the Office of Management and Budget a state-
ment of additional resources needed, if any, to fully 
develop the relevant data, as well as the anticipated 
timeline for data development. 
(2) CONSULTATION.—The Secretary of Energy 
shall consult with the Administrator concerning the 
Administrator’s ability to use data series for these 
additional building types to support the achieved 
performance component in the labeling program. 
(3) IMPROVEMENTS TO BUILDING ENERGY CON-
SUMPTION DATABASES.— 
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253 
(A) COMMERCIAL
DATABASE.—The Sec-
retary of Energy shall support improvements to 
the Commercial Buildings Energy Consumption 
Survey (CBECS) as authorized by section 
205(k) of the Department of Energy Organiza-
tion Act (42 U.S.C. 7135(k))— 
(i) to enable complete and robust data 
for the actual energy performance of prin-
cipal building types currently covered by 
survey; 
(ii) to cover additional building types 
as identified by the Administrator under 
subsection (e)(1)(B), to enable the develop-
ment of achieved performance measure-
ment protocols are developed for at least 
90 percent of all major commercial build-
ing types within 5 years after the date of 
enactment of this Act; and 
(iii) to include third-party audits of 
random data samplings to ensure the qual-
ity and accuracy of survey information. 
(B) RESIDENTIAL DATABASES.—The Ad-
ministrator, in consultation with the Energy In-
formation Administration and the Secretary of 
Energy, shall support improvements to the Res-
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idential Energy Consumption Survey (RECS) 
as authorized by section 205(k) of the Depart-
ment of Energy Organization Act (42 U.S.C. 
7135(k)), or such other residential energy per-
formance databases as the Administrator con-
siders appropriate, to aid the development of 
achieved performance measurement protocols 
for residential building energy use for at least 
90 percent of the residential market within 5 
years after the date of enactment of this Act. 
(C) CONSULTATION.—The Secretary of 
Energy and the Administrator shall consult 
with public, private, and nonprofit sector rep-
resentatives from the building industry and real 
estate industry to assist in the evaluation and 
improvement of building energy performance 
databases and labeling programs. 
(d) IDENTIFICATION OF MEASUREMENT PROTOCOLS 
FOR ACHIEVED PERFORMANCE.— 
(1) PROPOSED
PROTOCOLS
AND
REQUIRE-
MENTS.—At the earliest practicable date, but not 
later than 1 year after identifying a building type 
under subsection (b)(1)(A), the Administrator shall 
propose a measurement protocol for that building 
type and a requirement detailing how to use that 
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protocol in completing applicable commercial or resi-
dential performance labels created pursuant to this 
section. 
(2) FINAL RULE.—After providing for notice 
and comment, the Administrator shall publish a 
final rule containing a measurement protocol and 
the corresponding requirements for applying that 
protocol. Such a rule— 
(A) shall define the minimum period for 
measurement of energy use by buildings of that 
type and other details for determining achieved 
performance, to include leased buildings or 
parts thereof; 
(B) shall identify necessary data collection 
and record retention requirements; and 
(C) may specify transition rules and ex-
emptions for classes of buildings within the 
building type. 
(e) PROCEDURES FOR EVALUATING DESIGNED PER-
FORMANCE.—The Administrator shall develop protocols 
for evaluating the designed performance of individual 
building types. The Administrator may conduct such feasi-
bility studies and demonstration projects as are necessary 
to evaluate the sufficiency of proposed protocols for de-
signed performance. 
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256 
(f) CREATION OF BUILDING ENERGY PERFORMANCE 
LABELING PROGRAM.— 
(1) MODEL
LABEL.—Not later than 1 year 
after the date of enactment of this Act, the Adminis-
trator shall propose a model building energy label 
that provides a format— 
(A) to display achieved performance and 
designed performance data; 
(B) that may be tailored for residential 
and commercial buildings, and for single-occu-
pancy and multitenanted buildings; and 
(C) to display other appropriate elements 
identified during the development of measure-
ment protocols under subsections (d) and (e). 
(2) INCLUSIONS.—Nothing in this section shall 
require the inclusion on such a label of designed per-
formance data where impracticable or not cost effec-
tive, or to preclude the display of both achieved per-
formance and designed performance data for a par-
ticular building where both such measures are avail-
able, practicable, and cost effective. 
(3) EXISTING
PROGRAMS.—In developing the 
model label, the Administrator shall consider exist-
ing programs, including— 
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(A) the Environmental Protection Agency’s 
Energy Star Portfolio Manager program and 
the California HERS II Program Custom Ap-
proach for the achieved performance component 
of the label; 
(B) the Home Energy Rating System 
(HERS) Index system for the designed per-
formance component of the label; and 
(C) other Federal and State programs, in-
cluding the Department of Energy’s related 
programs on building technologies and those of 
the Federal Energy Management Program. 
(4) FINAL RULE.—After providing for notice 
and comment, the Administrator shall publish a 
final rule containing the label applicable to covered 
building types. 
(g) DEMONSTRATION
PROJECTS
FOR
LABELING 
PROGRAM.— 
(1) IN GENERAL.—The Administrator shall con-
duct building energy performance labeling dem-
onstration projects for different building types— 
(A) to ensure the sufficiency of the current 
Commercial Buildings Energy Consumption 
Survey and other data to serve as the basis for 
new measurement protocols for the achieved 
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performance component of the building energy 
performance labeling program; 
(B) to inform the development of measure-
ment protocols for building types not currently 
covered by the Commercial Buildings Energy 
Consumption Survey; and 
(C) to identify any additional information 
that needs to be developed to ensure effective 
use of the model label. 
(2) 
PARTICIPATION.—Such 
demonstration 
projects shall include participation of— 
(A) buildings from diverse geographical 
and climate regions; 
(B) buildings in both urban and rural 
areas; 
(C) single-family residential buildings; 
(D) multihousing residential buildings with 
more than 50 units, including at least one 
project that provides affordable housing to indi-
viduals of diverse incomes; 
(E) single-occupant commercial buildings 
larger than 30,000 square feet; 
(F) multitenanted commercial buildings 
larger than 50,000 square feet; and 
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(G) buildings from both the public and pri-
vate sectors. 
(3) PRIORITY.—Priority in the selection of dem-
onstration projects shall be given to projects that fa-
cilitate large-scale implementation of the labeling 
program for samples of buildings across neighbor-
hoods, geographic regions, cities, or States. 
(4) FINDINGS.—The Administrator shall report 
any findings from demonstration projects under this 
subsection, including an identification of any areas 
of needed data improvement, to the Department of 
Energy’s Energy Information Administration and 
Building Technologies Program. 
(5) COORDINATION.—The Administrator and 
the Secretary of Energy shall coordinate demonstra-
tion projects undertaken pursuant to this subsection 
with those undertaken as part of the Zero-Net-En-
ergy Commercial Buildings Initiative adopted under 
section 422 of the Energy Independence and Secu-
rity Act of 2007 (42 U.S.C. 17082). 
(h) IMPLEMENTATION OF LABELING PROGRAM.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Energy, shall work 
with all State Energy Offices established pursuant 
to part D of title III of the Energy Policy and Con-
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servation Act (42 U.S.C. 6321 et seq.) or other 
State authorities as necessary for the purpose of im-
plementing the labeling program established under 
this section for commercial and residential buildings. 
(2) OUTREACH TO LOCAL AUTHORITIES.—The 
Administrator shall, acting in consultation and co-
ordination with the respective States, encourage use 
of the labeling program by counties and other local-
ities to broaden access to information about building 
energy use, for example, through disclosure of build-
ing label contents in tax, title, and other records 
those localities maintain. For this purpose, the Ad-
ministrator shall develop an electronic version of the 
label and information that can be readily trans-
mitted and read in widely available computer pro-
grams but is protected from unauthorized manipula-
tion. 
(3) MEANS OF IMPLEMENTATION.—In adopting 
the model labeling program established under this 
section, a State shall seek to ensure that labeled in-
formation be made accessible to the public in a man-
ner so that owners, lenders, tenants, occupants, or 
other relevant parties can utilize it. Such accessi-
bility may be accomplished through— 
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(A) preparation, and public disclosure of 
the label through filing with tax and title 
records at the time of— 
(i) a building audit conducted with 
support from Federal or State funds; 
(ii) a building energy-efficiency ret-
rofit conducted in response to such an 
audit; 
(iii) a final inspection of major ren-
ovations or additions made to a building in 
accordance with a building permit issued 
by a local government entity; 
(iv) a sale that is recorded for title 
and tax purposes consistent with sub-
section (h)(8) of this section; 
(v) a new lien recorded on the prop-
erty for more than a set percentage of the 
assessed value of the property, if that lien 
reflects public financial assistance for en-
ergy-related improvements to that building; 
or 
(vi) a change in ownership or oper-
ation of the building for purposes of utility 
billing; or 
(B) other appropriate means. 
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(4) STATE IMPLEMENTATION OF PROGRAM.— 
(A) ELIGIBILITY.—A State may become el-
igible to utilize allowance value to implement 
this program by— 
(i) adopting by statute or regulation a 
requirement that buildings be assessed and 
labeled, consistent with the labeling re-
quirements of the program established 
under this section; or 
(ii) adopting a plan to implement a 
model labeling program consistent with 
this section within one year of enactment 
of this Act, including the establishment of 
that program within 3 years after the date 
of enactment of this Act, and dem-
onstrating continuous progress under that 
plan. 
(B) USE OF ALLOWANCES.—The program 
established in this section shall be supported by 
the use of emission allowances allocated to the 
States’ SEED Accounts pursuant to section 
132 of this Act. To the extent that a State pro-
vides allowances to local governments within the 
State to implement this program, that shall be 
deemed a distribution of such allowances to 
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units of local government pursuant to sub-
section (c)(1) of that section. 
(5) GUIDANCE.—The Administrator may create 
or identify model programs and resources to provide 
guidance to offer to States and localities for creating 
labeling programs consistent with the model pro-
gram established under this section. 
(6) PROGRESS REPORT.—The Administrator, in 
consultation with the Secretary of Energy, shall pro-
vide a progress report to Congress not later than 3 
years after the date of enactment of this Act that— 
(A) evaluates the effectiveness of efforts to 
advance use of the model labeling program by 
States and localities; 
(B) recommends any legislative changes 
necessary to broaden the use of the model label-
ing program; and 
(C) identifies any changes to broaden the 
use of the model labeling program that the Ad-
ministrator has made or intends to make that 
do not require additional legislative authority. 
(7) STATE INFORMATION.—The Administrator 
may require States to report to the Administrator 
information that the Administrator requires to pro-
vide the report required under paragraph (6). 
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(8) PREVENTION
OF
DISRUPTION
OF
SALES 
TRANSACTIONS.—No State shall implement a new 
labeling program pursuant to this section in a man-
ner that requires the labeling of a building to occur 
after a contract has been executed for the sale of 
that building and before the sales transaction is 
completed. 
(i) IMPLEMENTATION
OF LABELING PROGRAM
IN 
FEDERAL BUILDINGS.— 
(1) USE
OF
LABELING
PROGRAM.—The Sec-
retary of Energy and the Administrator shall use the 
labeling program established under this section to 
evaluate energy performance in the facilities of the 
Department of Energy and the Environmental Pro-
tection Agency, respectively, to the extent prac-
ticable, and shall encourage and support implemen-
tation efforts in other Federal agencies. 
(2) ANNUAL
PROGRESS
REPORT.—The Sec-
retary of Energy and Administrator shall provide an 
annual progress report to Congress and the Office of 
Management and Budget detailing efforts to imple-
ment this subsection, as well as any best practices 
or needed resources identified as a result of such ef-
forts. 
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(j) PUBLIC OUTREACH.—The Secretary of Energy 
and the Administrator, in consultation with nonprofit and 
industry stakeholders with specialized expertise, and in 
conjunction with other energy efficiency public awareness 
efforts, shall establish a business and consumer education 
program to increase awareness about the importance of 
building energy efficiency and to facilitate widespread use 
of the labeling program established under this section. 
(k) DEFINITIONS.—In this section: 
(1) BUILDING
TYPE.—The term ‘‘building 
type’’ means a grouping of buildings as identified by 
their principal building activities, or as grouped by 
their use, including office buildings, laboratories, li-
braries, data centers, retail establishments, hotels, 
warehouses, and educational buildings. 
(2) 
MEASUREMENT
PROTOCOL.—The 
term 
‘‘measurement protocol’’ means the methodology, 
prescribed by the Administrator, for defining a 
benchmark for building energy performance for a 
specific building type and for measuring that per-
formance against the benchmark. 
(3) 
ACHIEVED
PERFORMANCE.—The 
term 
‘‘achieved performance’’ means the actual energy 
consumption of a building as compared to a baseline 
building of the same type and size, determined by 
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actual consumption data normalized for appropriate 
variables. 
(4) DESIGNED PERFORMANCE.—The term ‘‘de-
signed performance’’ means the energy consumption 
performance a building would achieve if operated 
consistent with its design intent for building energy 
use, utilizing a standardized set of operational condi-
tions informed by data collected or confirmed during 
an energy audit. 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated— 
(1) to the Administrator $50,000,000 for imple-
mentation of this section for each fiscal year from 
2010 through 2020; and 
(2) to the Secretary of Energy $20,000,000 for 
implementation of this section for fiscal year 2010 
and $10,000,000 for fiscal years 2011 through 
2020. 
Subtitle B—Lighting and Appliance 
Energy Efficiency Programs 
SEC. 211. LIGHTING EFFICIENCY STANDARDS. 
(a) OUTDOOR LIGHTING.— 
(1) DEFINITIONS.— 
(A) Section 340(1) of the Energy Policy 
and Conservation Act (42 U.S.C. 6311(1)) is 
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amended by striking subparagraph (L) and in-
serting the following: 
‘‘(L) Outdoor luminaires. 
‘‘(M) Outdoor high light output lamps. 
‘‘(N) Any other type of industrial equip-
ment which the Secretary classifies as covered 
equipment under section 341(b).’’. 
(B) Section 340 of the Energy Policy and 
Conservation Act (42 U.S.C. 6311) is amended 
as adding at the end the following: 
‘‘(25) The term ‘luminaire’ means a complete 
lighting unit consisting of one or more light sources 
and ballast(s), together with parts designed to dis-
tribute the light, to position and protect such lamps, 
and to connect such light sources to the power sup-
ply. 
‘‘(26) The term ‘outdoor luminaire’ means a lu-
minaire that is listed as suitable for wet locations 
pursuant to Underwriters Laboratories Inc. stand-
ard UL 1598 and is labeled as ‘Suitable for Wet Lo-
cations’ consistent with section 410.4(A) of the Na-
tional Electrical Code 2005, or is designed for road-
way illumination and meets the requirements of Ad-
dendum A for IESNA TM–15–07: Backlight, 
Uplight, and Glare (BUG) Ratings, except for— 
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‘‘(A) luminaires designed for outdoor video 
display images that cannot be used in general 
lighting applications; 
‘‘(B) portable luminaires designed for use 
at construction sites; 
‘‘(C) luminaires designed for continuous 
immersion in swimming pools and other water 
features; 
‘‘(D) seasonal luminaires incorporating 
solely individual lamps rated at 10 watts or 
less; 
‘‘(E) luminaires designed to be used in 
emergency conditions that incorporate a means 
of charging a battery and a device to switch the 
power supply to emergency lighting loads auto-
matically upon failure of the normal power sup-
ply; 
‘‘(F) components used for repair of in-
stalled luminaries and that meet the require-
ments of section 342(h); 
‘‘(G) a luminaire utilizing an electrode-less 
fluorescent lamp as the light source; 
‘‘(H) decorative gas lighting systems; 
‘‘(I) luminaires designed explicitly for 
lighting for theatrical purposes, including per-
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formance, stage, film production, and video pro-
duction; 
‘‘(J) luminaires designed as theme ele-
ments in theme/amusement parks and that can-
not be used in most general lighting applica-
tions; 
‘‘(K) luminaires designed explicitly for ve-
hicular roadway tunnels designed to comply 
with ANSI/IESNA RP–22–05; 
‘‘(L) luminaires designed explicitly for haz-
ardous locations meeting UL Standard 844; 
‘‘(M) searchlights; 
‘‘(N) luminaires that are designed to be re-
cessed into a building, and that cannot be used 
in most general lighting applications; 
‘‘(O) a luminaire rated only for residential 
applications utilizing a light source or sources 
regulated under the amendments made by sec-
tion 321 of the Energy Independence and Secu-
rity Act of 2007 and with a light output no 
greater than 2,600 lumens; 
‘‘(P) a residential pole-mounted luminaire 
that is not rated for commercial use utilizing a 
light source or sources meeting the efficiency 
requirements of section 231 of the Energy 
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Independence and Security Act of 2007 and 
mounted on a post or pole not taller than 10.5 
feet above ground and with a light output not 
greater than 2.600 lumens; 
‘‘(Q) a residential fixture with E12 (Can-
delabra) bases that is rated for not more than 
300 watts total; or 
‘‘(R) a residential fixture with medium 
screw bases that is rated for not more than 145 
watts. 
‘‘(27) The term ‘outdoor high light outputlamp’ 
means a lamp that— 
‘‘(A) has a rated lumen output not less 
than 2601 lumens; 
‘‘(B) is capable of being operated at a volt-
age not less than 110 volts and not greater 
than 300 volts, or driven at a constant current 
of 6.6 amperes; 
‘‘(C) is not a Parabolic Aluminized Reflec-
tor lamp; and 
‘‘(D) is not a J-type double-ended (T–3) 
halogen quartz lamp, utilizing R–7S bases, that 
is manufactured before January 1, 2015. 
‘‘(28) The term ‘outdoor lighting control’ means 
a device incorporated in a luminaire that receives a 
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signal, from either a sensor (such as an occupancy 
sensor, motion sensor, or daylight sensor) or an 
input signal (including analog or digital signals com-
municated through wired or wireless technology), 
and can adjust the light level according to the sig-
nal.’’. 
(2) STANDARDS.—Section 342 of the Energy 
Policy and Conservation Act (42 U.S.C. 6313) is 
amended by adding at the end the following: 
‘‘(g) OUTDOOR LUMINAIRES.— 
‘‘(1) Each outdoor luminaire manufactured on 
or after January 1, 2011, shall— 
‘‘(A) have an initial luminaire efficacy of 
at least 50 lumens per watt; and 
‘‘(B) be designed to use a light source with 
a lumen maintenance, calculated as mean rated 
lumens divided by initial lumens, of at least 0.6. 
‘‘(2) Each outdoor luminaire manufactured on 
or after January 1, 2013, shall— 
‘‘(A) have an initial luminaire efficacy of 
at least 70 lumens per watt; and 
‘‘(B) be designed to use a light source with 
a lumen maintenance, calculated as mean rated 
lumens divided by initial lumens, of at least 0.6. 
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‘‘(3) Each outdoor luminaire manufactured on 
or after January 1, 2015, shall— 
‘‘(A) have an initial luminaire efficacy of 
at least 80 lumens per watt; and 
‘‘(B) be designed to use a light source with 
a lumen maintenance, calculated as mean rated 
lumens divided by initial lumens, of at least 
0.65. 
‘‘(4) In addition to the requirements of para-
graphs (1) through (3), each outdoor luminaire man-
ufactured on or after January 1, 2011, shall have 
the capability of producing at least two different 
light levels, including 100 percent and 60 percent of 
full lamp output as tested with the maximum rated 
lamp per UL1598 or the manufacturer’s maximum 
specified for the luminaire under test. 
‘‘(5)(A) Not later than January 1, 2017, the 
Secretary shall issue a final rule amending the appli-
cable standards established in paragraphs (3) and 
(4) if technologically feasible and economically justi-
fied. Such a final rule shall be effective no later than 
January 1, 2020. 
‘‘(B) A final rule issued under subparagraph 
(A) shall establish efficiency standards at the max-
imum level that is technically feasible and economi-
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cally justified, as provided in subsections (o) and (p) 
of section 325. The Secretary may also, in such rule-
making, amend or discontinue the product exclusions 
listed in section 340(26)(A) through (P), or amend 
the lumen maintenance requirements in paragraph 
(3) if the Secretary determines that such amend-
ments are consistent with the purposes of this Act. 
‘‘(C) If the Secretary issues a final rule under 
subparagraph (A) establishing amended standards, 
the final rule shall provide that the amended stand-
ards apply to products manufactured on or after 
January 1, 2020, or one year after the date on 
which the final amended standard is published, 
whichever is later. 
‘‘(h) OUTDOOR HIGH LIGHT OUTPUT LAMPS.—Each 
outdoor high light output lamp manufactured on or after 
January 1, 2012, shall have a lighting efficiency of at least 
45 lumens per watt.’’. 
(3) TEST PROCEDURES.—Section 343(a) of the 
Energy Policy and Conservation Act (42 U.S.C. 
6314(a)) is amended by adding at the end the fol-
lowing: 
‘‘(10) OUTDOOR LIGHTING.— 
‘‘(A) With respect to outdoor luminaires 
and outdoor high light output lamps, the test 
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procedures shall be based upon the test proce-
dures specified in illuminating engineering soci-
ety procedures LM–79 as of March 1, 2009, 
and LM–31, and/or other appropriate con-
sensus test procedures developed by the Illu-
minating Engineering Society or other appro-
priate consensus standards bodies. 
‘‘(B) If illuminating engineering society 
procedure LM–79 is amended, the Secretary 
shall amend the test procedures established in 
subparagraph (A) as necessary to be consistent 
with the amended LM–79 test procedure, unless 
the Secretary determines, by rule, published in 
the Federal Register and supported by clear 
and convincing evidence, that to do so would 
not meet the requirements for test procedures 
under paragraph (2). 
‘‘(C) The Secretary may revise the test 
procedures for outdoor luminaires or outdoor 
high light output lamps by rule consistent with 
paragraph (2), and may incorporate as appro-
priate consensus test procedures developed by 
the Illuminating Engineering Society or other 
appropriate consensus standards bodies.’’. 
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(4) PREEMPTION.—Section 345 of the Energy 
Policy and Conservation Act (42 U.S.C. 6316) is 
amended by adding at the end the following: 
‘‘(i)(1) Except as provided in paragraph (2), section 
327 shall apply to outdoor luminaires to the same extent 
and in the same manner as the section applies under part 
B. 
‘‘(2) Any State standard that is adopted on or before 
January 1, 2015, pursuant to a statutory requirement to 
adopt efficiency standards for reducing outdoor lighting 
energy use enacted prior to January 31, 2008, shall not 
be preempted.’’. 
(5) ENERGY EFFICIENCY STANDARDS FOR CER-
TAIN LUMINAIRES.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of En-
ergy shall, in consultation with the National Elec-
trical Manufacturers Association, collect data for 
United States sales of luminaires described in sec-
tion 340(26)(H) and (M) of the Energy Policy and 
Conservation Act, to determine the historical growth 
rate. If the Secretary finds that the growth in mar-
ket share of such luminaires exceeds twice the year 
to year rate of the average of the previous three 
years, then the Secretary shall within 12 months ini-
tiate a rulemaking to determine if such exclusion 
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should be eliminated, if substitute products exist 
that perform more efficiently and fulfill the perform-
ance functions of these luminaires. 
(b) PORTABLE LIGHTING.— 
(1) PORTABLE LIGHT FIXTURES.— 
(A) DEFINITIONS.—Section 321 of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6291) is amended by adding at the end the fol-
lowing: 
‘‘(67) ART WORK LIGHT FIXTURE.—The term 
‘art work light fixture’ means a light fixture de-
signed only to be mounted directly to an art work 
and for the purpose of illuminating that art work. 
‘‘(68) LED LIGHT ENGINE.—The term ‘LED 
light engine’ or ‘LED light engine with integral heat 
sink’ means a subsystem of an LED light fixture 
that— 
‘‘(A) includes 1 or more LED components, 
including— 
‘‘(i) an LED driver power source with 
electrical and mechanical interfaces; and 
‘‘(ii) an integral heat sink to provide 
thermal dissipation; and 
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‘‘(B) may be designed to accept additional 
components that provide aesthetic, optical, and 
environmental control. 
‘‘(69) LED LIGHT FIXTURE.—The term ‘LED 
light fixture’ means a complete lighting unit con-
sisting of— 
‘‘(A) an LED light source with 1 or more 
LED lamps or LED light engines; and 
‘‘(B) parts— 
‘‘(i) to distribute the light; 
‘‘(ii) to position and protect the light 
source; and 
‘‘(iii) to connect the light source to 
electrical power. 
‘‘(70) LIGHT
FIXTURE.—The term ‘light fix-
ture’ means a product designed to provide light that 
includes— 
‘‘(A) at least 1 lamp socket; and 
‘‘(B) parts— 
‘‘(i) to distribute the light; 
‘‘(ii) position and protect 1 or more 
lamps; and 
‘‘(iii) to connect 1 or more lamps to a 
power supply. 
‘‘(71) PORTABLE LIGHT FIXTURE.— 
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‘‘(A) IN
GENERAL.—The term ‘portable 
light fixture’ means a light fixture that has a 
flexible cord and an attachment plug for con-
nection to a nominal 120-volt circuit that— 
‘‘(i) allows the user to relocate the 
product without any rewiring; and 
‘‘(ii) typically can be controlled with a 
switch located on the product or the power 
cord of the product. 
‘‘(B) EXCLUSIONS.—The term ‘portable 
light fixture’ does not include— 
‘‘(i) direct plug-in night lights, sun or 
heat lamps, medical or dental lights, port-
able electric hand lamps, signs or commer-
cial 
advertising 
displays, 
photographic 
lamps, germicidal lamps, or light fixtures 
for marine use or for use in hazardous lo-
cations (as those terms are defined in 
ANSI/NFPA 70 of the National Electrical 
Code); or 
‘‘(ii) decorative lighting strings, deco-
rative lighting outfits, or electric candles or 
candelabra without lamp shades that are 
covered by Underwriter Laboratories (UL) 
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standard 588, ‘Seasonal and Holiday Dec-
orative Products’.’’. 
(B) COVERAGE.— 
(i) IN GENERAL.—Section 322(a) of 
the Energy Policy and Conservation Act 
(42 U.S.C. 6292(a)) is amended— 
(I) by redesignating paragraph 
(20) as paragraph (24); and 
(II) by inserting after paragraph 
(19) the following: 
‘‘(20) Portable light fixtures.’’. 
(ii) 
CONFORMING
AMENDMENTS.— 
Section 325(l) of the Energy Policy and 
Conservation Act (42 U.S.C. 6295(l)) is 
amended by striking ‘‘paragraph (19)’’ 
each place it appears in paragraphs (1) 
and (2) and inserting ‘‘paragraph (21)’’. 
(C) TEST
PROCEDURES.—Section 323(b) 
of the Energy Policy and Conservation Act (42 
U.S.C. 6293(b)) is amended by adding at the 
end the following: 
‘‘(19) LED FIXTURES
AND
LED
LIGHT
EN-
GINES.—Test procedures for LED fixtures and LED 
light engines shall be based on Illuminating Engi-
neering Society of North America (IESNA) test pro-
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cedure LM–79, Approved Method for Electrical and 
Photometric Testing of Solid-State Lighting Devices, 
and IESNA-approved test procedure for testing 
LED light engines.’’. 
(D) STANDARDS.—Section 325 of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6295) is amended— 
(i) by redesignating subsection (ii) as 
subsection (nn); 
(ii) in subsection (nn)(2), as redesig-
nated in clause (i) of this subparagraph, by 
striking ‘‘(hh)’’ each place it appears and 
inserting ‘‘(mm)’’; and 
(iii) by inserting after subsection (hh) 
the following: 
‘‘(ii) PORTABLE LIGHT FIXTURES.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), portable light fixtures manufactured on or 
after January 1, 2012, shall meet 1 or more of the 
following requirements: 
‘‘(A) Be a fluorescent light fixture that 
meets the requirements of the Energy Star Pro-
gram for Residential Light Fixtures, Version 
4.2. 
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‘‘(B) Be equipped with only 1 or more 
GU–24 line-voltage sockets, not be rated for 
use with incandescent lamps of any type (as de-
fined in ANSI standards), and meet the re-
quirements of version 4.2 of the Energy Star 
program for residential light fixtures. 
‘‘(C) Be an LED light fixture or a light 
fixture with an LED light engine and comply 
with the following minimum requirements: 
‘‘(i) Minimum light output: 200 
lumens (initial). 
‘‘(ii) Minimum LED light engine effi-
cacy: 40 lumens/watt installed in fixtures 
that meet the minimum light fixture effi-
cacy of 29 lumens/watt or, alternatively, a 
minimum LED light engine efficacy of 60 
lumens/watt for fixtures that do not meet 
the minimum light fixture efficacy of 29 
lumens/watt. 
‘‘(iii) All portable fixtures shall have a 
minimum LED light fixture efficacy of 29 
lumens/watt and a minimum LED light 
engine efficacy of 60 lumens/watt by Janu-
ary 1, 2016. 
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‘‘(iv) Color Correlated Temperature 
(CCT): 2700K through 4000K. 
‘‘(v) Minimum Color Rendering Index 
(CRI): 75. 
‘‘(vi) Power factor equal to or greater 
than 0.70. 
‘‘(vii) Portable luminaries that have 
internal power supplies shall have zero 
standby power when the luminaire is 
turned off. 
‘‘(viii) LED light sources shall deliver 
at least 70 percent of initial lumens for at 
least 25,000 hours. 
‘‘(D)(i) Be equipped with an ANSI-des-
ignated E12, E17, or E26 screw-based socket 
and be prepackaged and sold together with 1 
screw-based compact fluorescent lamp or screw- 
based LED lamp for each screw-based socket 
on the portable light fixture. 
‘‘(ii) The compact fluorescent or LED 
lamps prepackaged with the light fixture shall 
be fully compatible with any light fixture con-
trols incorporated into the light fixture (for ex-
ample, light fixtures with dimmers shall be 
packed with dimmable lamps). 
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‘‘(iii) Compact fluorescent lamps pre-
packaged with light fixtures shall meet the re-
quirements of the Energy Star Program for 
CFLs Version 4.0. 
‘‘(iv) Screw-based LED lamps shall comply 
with the minimum requirements described in 
subparagraph (C). 
‘‘(E) Be equipped with 1 or more single- 
ended, non-screw based halogen lamp sockets 
(line or low voltage), a dimmer control or high- 
low control, and be rated for a maximum of 100 
watts. 
‘‘(2) REVIEW.— 
‘‘(A) REVIEW.—The Secretary shall review 
the criteria and standards established under 
paragraph (1) to determine if revised standards 
are technologically feasible and economically 
justified. 
‘‘(B) COMPONENTS.—The review shall in-
clude consideration of— 
‘‘(i) whether a separate compliance 
procedure is still needed for halogen fix-
tures described in subparagraph (E) and, 
if necessary, what an appropriate standard 
for halogen fixtures shall be; 
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‘‘(ii) whether the specific technical cri-
teria described in subparagraphs (A), (C), 
and (D)(iii) should be modified; and 
‘‘(iii) which fixtures should be exempt-
ed from the light fixture efficacy standard 
as of January 1, 2016, because the fix-
tures are primarily decorative in nature (as 
defined by the Secretary) and, even if ex-
empted, are likely to be sold in limited 
quantities. 
‘‘(C) TIMING.— 
‘‘(i) 
DETERMINATION.—Not 
later 
than January 1, 2014, the Secretary shall 
publish amended standards, or a deter-
mination 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; 
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‘‘(ii) have not more than 3 sockets; 
‘‘(iii) be controlled with an integral high/ 
low switch; 
‘‘(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.—Not-
withstanding section 327, Federal preemption shall 
not apply to a regulation concerning portable light 
fixtures adopted by the California Energy Commis-
sion 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 
designation of a lamp socket, based on a coding sys-
tem by the International Electrotechnical Commis-
sion, under which— 
‘‘(A) ‘G’ indicates a holder and socket type 
with 2 or more projecting contacts, such as pins 
or posts; 
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‘‘(B) ‘U’ distinguishes between lamp and 
holder designs of similar type that are not 
interchangeable due to electrical or mechanical 
requirements; and 
‘‘(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 attach-
ment 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 
Adaptor’ 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 
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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. 
‘‘(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. 6293(i)), as 
amended by section 171(a)(12) of this Act, is 
amended 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 
reflector lamp types described in paragraph (1)(C). 
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 reflec-
tor lamps, inclusive of those specified in paragraph 
(1)(C). 
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‘‘(10) REFLECTOR LAMPS.—No later than Jan-
uary 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 rule-
making shall consider incandescent and non-
incandescent technologies. Such rulemaking shall 
consider a new metric other than lumens-per-watt 
based on the photometric 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 
amended 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 designated for dis-
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pensing both hot and cold water that uses a remov-
able 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 de-
signed to maintain the temperature of hot food that 
has been cooked in a separate appliance. Such term 
does not include heated glass merchandizing cabi-
nets, drawer 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. 
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290 
6293(b)), as amended by section 211(b)(1)(C) of 
this Act, is further amended by adding at the end 
the following: 
‘‘(20) BOTTLE
TYPE
WATER
DISPENSERS.— 
Test procedures for bottle type water dispensers 
shall be based on ‘Energy Star Program Require-
ments for Bottled Water Coolers version 1.1’ pub-
lished by the Environmental Protection Agency. 
Units with an integral, automatic timer shall not be 
tested using section 4D, ‘Timer Usage,’ of the test 
criteria. 
‘‘(21) COMMERCIAL HOT FOOD HOLDING CABI-
NETS.—Test procedures for commercial hot food 
holding cabinets shall be based on the test proce-
dures described in ANSI/ASTM F2140–01 (Test for 
idle energy rate-dry test). Interior volume shall be 
based on the method shown in the Environmental 
Protection Agency’s ‘Energy Star Program Require-
ments 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 
section 1604, title 20, California Code of Regula-
tions as amended on December 3, 2008. When the 
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American National Standards Institute publishes a 
test procedure for portable electric spas, the Sec-
retary shall revise the Department of Energy’s pro-
cedure.’’. 
(4) STANDARDS.—Section 325 of the Energy 
Policy and Conservation Act (42 U.S.C. 6295), as 
amended by section 211 of this Act, is further 
amended by adding after subsection (jj) the fol-
lowing: 
‘‘(kk) BOTTLE TYPE WATER DISPENSERS.—Effec-
tive January 1, 2012, bottle-type water dispensers de-
signed for dispensing both hot and cold water shall not 
have standby energy consumption greater than 1.2 kilo-
watt-hours per day. 
‘‘(ll) COMMERCIAL
HOT
FOOD
HOLDING
CABI-
NETS.—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. 
The Secretary of Energy shall consider revisions to the 
standards in subsections (kk), (ll), and (mm) in accord-
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ance with subsection (o) and publish a final rule no later 
than January 1, 2013, establishing such revised stand-
ards, or make a finding that no revisions are technically 
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 Con-
servation 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 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. 
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‘‘(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 fol-
lows: 
‘‘(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 proce-
dures prescribed under section 323; 
‘‘(ii) for showerheads, faucets, water 
closets, and urinals, prescribe a minimum 
level of water efficiency or a maximum 
quantity of water use, determined in ac-
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cordance with test procedures prescribed 
under section 323; and 
‘‘(iii) for clothes washers and dish-
washers— 
‘‘(I) prescribe a minimum level of 
energy efficiency or a maximum quan-
tity of energy use, determined in ac-
cordance with test procedures pre-
scribed under section 323; and 
‘‘(II) may include a minimum 
level of water efficiency or a maximum 
quantity of water use, determined in 
accordance with those test procedures. 
‘‘(B) INCLUSIONS.—The term ‘energy con-
servation standard’ includes— 
‘‘(i) 1 or more design requirements, if 
the requirements were established— 
‘‘(I) on or before the date of en-
actment of this subclause; 
‘‘(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 
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‘‘(ii) any other requirements that the 
Secretary may prescribe under section 
325(r). 
‘‘(C) EXCLUSION.—The term ‘energy con-
servation standard’ does not include a perform-
ance standard for a component of a finished 
covered product, unless regulation of the com-
ponent is 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. 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 PRO-
CEDURES.— 
‘‘(A) RECEIPT
OF
JOINT
RECOMMENDA-
TION OR ALTERNATE TESTING PROCEDURE.— 
On receipt of— 
‘‘(i) a statement that is submitted 
jointly by interested persons that are fairly 
representative of relevant points of view 
(including representatives of manufactur-
ers of covered products, States, and effi-
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296 
ciency advocates), as determined by the 
Secretary, and contains recommendations 
with respect to the testing procedure for a 
covered product; 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 
submission is in accordance with sub-
section (b)(3), the Secretary may 
issue a final rule that establishes an 
energy or water conservation testing 
procedure that is published simulta-
neously with a notice of proposed rule-
making that proposes a new or 
amended energy or water conservation 
testing procedure that is identical to 
the testing procedure established in 
the final rule to establish the rec-
ommended testing procedure (referred 
to in this paragraph as a ‘direct final 
rule’); or 
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297 
‘‘(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 subpara-
graph (A)(ii)(I). 
‘‘(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)(ii)(I) is published in the Federal Reg-
ister, the Secretary shall withdraw the di-
rect final rule if— 
‘‘(I) the Secretary receives 1 or 
more adverse public comments relat-
ing to the direct final rule under sub-
paragraph (B)or any alternative joint 
recommendation; and 
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298 
‘‘(II) based on the rulemaking 
record relating to the direct final rule, 
the Secretary determines that such 
adverse public comments or alter-
native joint recommendation may pro-
vide a reasonable basis for with-
drawing 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 
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). 
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299 
‘‘(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 rec-
ommended test procedures relating to the direct 
final rule.’’. 
(c) UPDATING TELEVISION TEST METHODS.—Sec-
tion 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 
amended by adding at the end the following new para-
graph: 
‘‘(24) TELEVISIONS.—(A) On the date of enact-
ment of this section, Appendix H to Subpart B of 
Part 430 of the United States Code of Federal Reg-
ulations, ‘Uniform Test Method for Measuring the 
Energy Consumption of Television Sets’, is repealed. 
‘‘(B) No later than 12 months after enactment 
of this paragraph the Secretary shall publish 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: 
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300 
(A) By striking ‘‘and’’ at the end of subclause 
(VI). 
(B) By and inserting the following new sub-
clauses after subclause (VI): 
‘‘(VII) the estimated value of the carbon dioxide 
or 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 
technologies or capabilities in the covered products, 
if applicable 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’’. 
(C) By redesignating subclause (VII) as sub-
clause (XI). 
(2) Section 325(o)(2)(B)(iii) of such Act is amended 
as follows: 
(A) By striking ‘‘three’’ and inserting ‘‘5’’. 
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301 
(B) By inserting after the first sentence the fol-
lowing ‘‘For products with an average expected use-
ful life of less than 5 years, such rebuttable pre-
sumption shall be determined utilizing 75 percent of 
the product’s average expected useful life as a multi-
plier instead 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 sig-
nificant portion of the market for the product, that 
substantially outweighs the standard level’s benefits; 
‘‘(II) the standard and implementing regula-
tions cannot be designed to avoid or mitigate the 
hardship identified under subparagraph (I), through 
the adoption of regional standards consistent with 
paragraph (6) of this subsection, or other reasonable 
means consistent with this chapter; 
‘‘(III) the same or substantially similar hard-
ship would not occur under a standard adopted in 
the absence of the presumption, but that otherwise 
meets the requirements of this section; and 
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302 
‘‘(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 
MANUFACTURERS.—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 
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 reg-
ulations not later than 18 months from such date of enact-
ment under this part or other provision of law adminis-
tered by the Secretary, which shall require each manufac-
turer of a covered product to submit information or re-
ports to the Secretary on an annual basis in a form adopt-
ed by the Secretary. Such reports shall include informa-
tion or data with respect to— 
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303 
‘‘(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, orga-
nized, 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 
‘‘(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, 
including such other information as may be nec-
essary to establish and revise test procedures, label-
ing rules, and energy conservation standards and to 
insure compliance with the requirements of this 
part. 
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304 
‘‘(2) In adopting regulations under this subsection, 
the Secretary shall consider existing public sources of in-
formation, including nationally recognized certification 
programs of trade associations. 
‘‘(3) The Secretary shall exercise authority under this 
section in a manner designed to minimize unnecessary 
burdens 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 ob-
tained under such section.’’. 
(f) STATE WAIVER.—Section 327(c) of the Energy 
Policy and Conservation Act (42 U.S.C. 6297(c)), as 
amended by section 171(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.’’. 
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(g) WAIVER OF FEDERAL PREEMPTION.—Paragraph 
(1) of section 327(d) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6297(d)) is amended as follows: 
(1) In subparagraph (A) by striking ‘‘State reg-
ulation’’ 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 commis-
sion to produce confidential information maintained 
by any manufacturer or distributor, or group or as-
sociation of manufacturers or distributors, and 
which the petitioning party does not have the legal 
right to obtain.’’. 
(3) In clause (ii) of subparagraph (C) by strik-
ing ‘‘costs’’ each place it appears and inserting ‘‘es-
timated 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. 
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306 
6294(a)(2)) is amended by adding the following at the 
end: 
‘‘(I)(i) Not later than 90 days after the 
date of enactment of this subparagraph, the 
Commission shall initiate a rulemaking to im-
plement the additional labeling requirements 
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 enactment of this subparagraph, the 
Commission shall complete the rulemaking initi-
ated under clause (i). 
‘‘(iii) Not later than 90 days after issuance 
of the final rule as provided in this subpara-
graph, the Secretary shall issue calculation 
methods required to effectuate the labeling re-
quirements specified in subsection (c)(1)(C) of 
this section.’’. 
(2) Section 324(c)(1) of the Energy Policy and 
Conservation Act (42 U.S.C. 6294(c)(1)) is amend-
ed— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
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307 
(B) by striking the period at the end of 
subparagraph (B); and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(C) for products or groups of products 
providing a comparable function (including the 
group of products comprising the heating func-
tion of heat pumps and furnaces) among cov-
ered 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 atmospheric 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 proce-
dures developed under section 323 of this 
part; 
‘‘(ii) national average energy con-
sumed or lost in the production, genera-
tion, transportation, storage, and distribu-
tion of energy to the point of end use; and 
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‘‘(iii) any direct emissions of green-
house gases from the product during nor-
mal use; 
‘‘(D) in determining the national average 
energy consumption and total annual atmos-
pheric carbon dioxide emissions, the Secretary 
shall utilize Federal Government sources, in-
cluding the Energy Information Administration 
Annual Energy Review, the Environmental Pro-
tection Agency eGRID data base, Environ-
mental Protection Agency AP–42 Emission 
Factors as amended, and other sources deter-
mined to be appropriate by the Secretary; and 
‘‘(E) information presenting, for each 
product (or group of products providing the 
comparable function) identified in section 
(c)(1)(C) of this section, the estimated annual 
carbon dioxide 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.—Section 334 of the Energy Policy and Con-
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servation Act (42 U.S.C. 6304(a)) is amended to read as 
follows: 
‘‘SEC. 334. JURISDICTION AND VENUE. 
‘‘(a) JURISDICTION.—The United States district 
courts shall have jurisdiction to restrain— 
‘‘(1) any violation of section 332; and 
‘‘(2) any person from distributing in commerce 
any covered product which does not comply with an 
applicable rule under section 324 or 325. 
‘‘(b) AUTHORITY.—Any action referred to in sub-
section (a) shall be brought by the Commission or by the 
attorney general of a State in the name of the State, ex-
cept that— 
‘‘(1) any such action to restrain any violation of 
section 332(a)(3) which relates to requirements pre-
scribed by the Secretary or any violation of section 
332(a)(4) which relates to request of the Secretary 
under section 326(b)(2) shall be brought by the Sec-
retary; and 
‘‘(2) any violation of section 332(a)(5) or 
332(a)(7) shall be brought by the Secretary or by 
the attorney general of a State in the name of the 
State. 
‘‘(c) VENUE AND SERVICE OF PROCESS.—Any such 
action may be brought in the United States district court 
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for a district wherein any act, omission, or transaction 
constituting the violation occurred, or in such court of the 
district wherein the defendant is found or transacts busi-
ness. In any action under this section, process may be 
served on a defendant in any other district in which the 
defendant resides or may be found.’’. 
(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 (E) and inserting the 
following: 
‘‘(B) The code meets at least one of the 
following requirements: 
‘‘(i) The code does not require that 
the covered product have an energy effi-
ciency exceeding— 
‘‘(I) the applicable energy con-
servation standard established in or 
prescribed under section 325; 
‘‘(II) the level required by a reg-
ulation of that State for which the 
Secretary has issued a rule granting a 
waiver under subsection (d) of this 
section; or 
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‘‘(III) the required level estab-
lished in the International Energy 
Conservation Code or in a standard of 
the American Society of Heating, Re-
frigerating and Air-Conditioning En-
gineers, or by the Secretary pursuant 
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 evalu-
ated and such baseline building designs 
contain a covered product subject to an en-
ergy conservation standard established in 
or prescribed under section 325, the base-
line building designs are based on an effi-
ciency level for such covered product which 
meets but does not exceed one of the levels 
specified in clause (i). 
‘‘(iii) If the code sets forth one or 
more optional combinations of items which 
meet the energy consumption or conserva-
tion objective, in at least one combination 
that the State has found to be reasonably 
achievable using commercially available 
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technologies the efficiency of the covered 
product meets but does not exceed one of 
the levels specified in clause (i). 
‘‘(C) The credit to the energy consumption 
or conservation objective allowed by the code for 
installing covered products having energy effi-
ciencies exceeding one of the levels specified in 
subparagraph (B)(i) is on a one-for-one equiva-
lent energy use or equivalent energy cost basis, 
taking into account the typical lifetime of the 
product. 
‘‘(D) The energy consumption or conserva-
tion objective is specified in terms of an esti-
mated total consumption of energy (which may 
be calculated from energy loss- or gain-based 
codes) utilizing an equivalent 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 cov-
ered product permitted or required in the code, 
or used in calculating the objective, is deter-
mined using the applicable test procedures pre-
scribed under section 323, except that the State 
may permit the estimated energy use calcula-
tion to be adjusted to reflect the conditions of 
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the areas where the code is being applied if 
such adjustment is based on the use of the ap-
plicable test procedures prescribed under sec-
tion 323 or other technically accurate docu-
mented 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 instal-
lation of covered products with efficiencies ex-
ceeding the levels and requirements specified in 
paragraph (3)(B), such requirement of the 
building code shall not be applicable unless the 
Secretary has granted a waiver for such re-
quirement under subsection (d) of this sec-
tion.’’. 
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 consultation 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- 
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class high-efficiency household appliance models, 
high-efficiency installed building equipment, and 
high-efficiency consumer electronics, with the goal of 
reducing life-cycle costs for consumers, encouraging 
innovation, and maximizing energy savings and pub-
lic benefit; 
(2) provide bounties under subsection (d) to re-
tailers for the replacement, retirement, and recycling 
of old, inefficient, and environmentally harmful 
products; and 
(3) provide premium awards under subsection 
(e) to manufacturers for developing and producing 
new Superefficient Best-in-Class Products. 
(b) DESIGNATION
OF
BEST-IN-CLASS
PRODUCT 
MODELS.— 
(1) IN
GENERAL.—The Secretary of Energy 
shall designate product models of appliances, equip-
ment, or electronics as Best-in-Class Product mod-
els. The Secretary shall publicly announce the Best- 
in-Class Product models designated under this sub-
section. The Secretary shall define product classes 
broadly and, except as provided in paragraph (2), 
shall designate as Best-in-Class Product models no 
more than the most efficient 10 percent of the com-
mercially available product models in a class that 
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demonstrate, as a group, a distinctly greater energy 
efficiency than the average energy efficiency of that 
class of appliances, equipment, or electronics. In des-
ignating 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-effi-
ciency 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 
demonstrate their ability to meet the higher-ef-
ficiency 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 
notice and a 30-day comment period, make upwards 
adjustments in the efficiency criteria as necessary to 
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maintain an appropriate ratio of such product mod-
els to the total number of product models in the 
product 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 pro-
vided 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 a Best-in-Class Product of a model des-
ignated under subsection (b); and 
(B) make bonus payments in at least that 
amount for each Best-in-Class Product of that 
model sold during the 3-year period beginning 
on the date the model is designated under sub-
section (b). 
(3) UPGRADE OF BEST-IN-CLASS PRODUCT ELI-
GIBILITY.—In conducting a review under subsection 
(b)(3), the Secretary shall— 
(A) consider designating as a Best-in-Class 
Product model a Superefficient Best-in-Class 
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Product model that has been designated pursu-
ant to subsection (e); 
(B) announce any change in the bonus 
payment as necessary to increase the market 
share of Best-in-Class Product models; 
(C) list models that will be eligible for bo-
nuses in the new amount; and 
(D) continue paying bonus payments at 
the original level, for the sale of any models 
that previously qualified as Best-in-Class Prod-
ucts but do not qualify at the new level, for the 
remainder of the 3-year period announced with 
the original designation. 
(4) SIZE OF INDIVIDUAL BONUS PAYMENTS.— 
(A) The size of each bonus payment under this sub-
section shall be the product of— 
(i) an amount determined by the Sec-
retary; and 
(ii) the difference in energy consump-
tion between the Best-in-Class Product 
and the average product in the product 
class. 
(B) The Secretary shall determine the amount 
under subparagraph (A)(i) for each product type, in 
consultation with State and utility efficiency pro-
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gram administrators as well as the Administrator, 
based on estimates of the amount of bonus payment 
that would provide significant incentive to increase 
the market share of Best-in-Class Products. 
(5) ELIGIBLE
BONUS
RECIPIENT.—(A) The 
Secretary shall ensure that not more than 1 bonus 
payment is provided under this subsection for each 
Best-in-Class Product. 
(B) The Secretary may make distributors eligi-
ble to receive bonus payments under this subsection 
for sales that are not to the final end-user, to the 
extent that the Secretary determines that for a par-
ticular product category distributors are well situ-
ated to increase sales of Best-in-Class Products. 
(d) BOUNTIES
FOR REPLACEMENT, RETIREMENT, 
AND RECYCLING OF EXISTING LOW-EFFICIENCY PROD-
UCTS.— 
(1) IN
GENERAL.—The Secretary of Energy 
shall make bounty payments to retailers for the re-
placement, retirement, and recycling of older oper-
ating 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-
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uct was accompanied by the replacement, retirement, 
and recycling of— 
(A) an inefficient but still-functioning 
product; 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 boun-
ty payment payable under this subsection for a 
product described in paragraph (2)(A) shall be 
based on the difference between the estimated 
energy use of the product replaced and the en-
ergy use of an average new product in the prod-
uct 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-
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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.—The Secretary shall ensure that 
standards for environmentally responsible methods 
of recycling established by the Administrator pursu-
ant to section 608 of the Clean Air Act are employed 
before a bounty payment is made under this sub-
section for a product containing a refrigerant. Noth-
ing 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 re-
quirements. 
(e) PREMIUM AWARDS
FOR DEVELOPMENT
AND 
PRODUCTION 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 
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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 Sec-
retary has reasonable grounds to conclude that a 
mass-producible 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 mod-
els, if those product models have distinct energy effi-
ciency attributes and performance characteristics 
that make them significantly better than other prod-
uct models qualifying as best-in-class. The Secretary 
may not designate as Superefficient Best-in-Class 
Products under this subparagraph models that rep-
resent more than 10 percent of the currently quali-
fying 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 
payments made under subsection (c). 
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(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 Sec-
retary; and 
(ii) the difference in energy consumption 
between the Superefficient Best-in-Class Prod-
uct 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 
Nation of the energy (and water or other resources 
or inputs) saved over the useful life of the product. 
The Secretary may also take into consideration the 
methods used to increase sales of qualifying prod-
ucts 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 
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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 prod-
uct for which Federal tax credit is received under 
section 45M of the Internal Revenue Code of 1986 
shall be eligible 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- 
specific wholesale purchase prices and retail sale 
prices, on a monthly basis. 
(2) For manufacturers, model-specific energy 
consumption data. 
(3) For manufacturers, on an immediate basis, 
information concerning any product design or func-
tion changes that affect the energy consumption of 
the unit. 
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(4) The methods used to increase the sales of 
qualifying products. 
(g) MONITORING AND VERIFICATION PROTOCOLS.— 
The Secretary of Energy shall establish monitoring and 
verification protocols for energy consumption tests for 
each product model and for sales of energy-efficient mod-
els. 
(h) DISCLOSURE.—The Secretary of Energy may re-
quire that retailers and distributors disclose publicly and 
to consumers their participation in the program under this 
section. 
(i) COST-EFFECTIVENESS REQUIREMENT.— 
(1) REQUIREMENT.—The Secretary of Energy 
shall make cost-effectiveness a top priority in design-
ing the program under, and administering, this sec-
tion, except that the cost-effectiveness of providing 
premium awards to manufacturers under subsection 
(e), in aggregate, may be lower by this measure than 
that of the bonuses and bounties to retailers and 
distributors under subsections (c) and (d). 
(2) DEFINITIONS.—In this subsection: 
(A) 
COST-EFFECTIVENESS.—The 
term 
‘‘cost-effectiveness’’ means a measure of aggre-
gate savings in the cost of energy over the life-
time of a product in relation to the cost to the 
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Secretary of the bonuses, bounties, and pre-
mium awards provided under this section for a 
product. 
(B) SAVINGS.—The term ‘‘savings’’ means 
the cumulative megawatt-hours of electricity or 
million British thermal units of other fuels 
saved by a product during the projected useful 
life of the product, in comparison to projected 
energy consumption of the average product in 
the same class, taking into consideration the 
impact of any documented measures to replace, 
retire, and recycle low-efficiency products at the 
time of purchase of highly efficient substitutes. 
(j) DEFINITIONS.—In this section— 
(1) the term ‘‘distributor’’ mean an individual, 
organization, or company that sells products in mul-
tiple lots and not directly to end-users; 
(2) the term ‘‘retailer’’ means an individual, or-
ganization, or company that sells products directly 
to end-users; and 
(3) the term ‘‘Superefficient Best-in-Class 
Product’’ means a product that— 
(A) can be mass produced; and 
(B) achieves the highest level of efficiency 
that the Secretary of Energy finds can, given 
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the current state of technology, be produced 
and sold commercially to mass-market con-
sumers. 
(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $300,000,000 for each 
of the fiscal years 2010 through 2014 to the Secretary 
of Energy for purposes of this section, of which not more 
than 10 percent for any fiscal year may be expended on 
program administration. 
SEC. 215. PURPOSE OF ENERGY STAR. 
Section 324A of the Energy Policy and Conservation 
Act (42 U.S.C. 6294a) is amended— 
(1) by redesignating subsections (b) through (d) 
as subsections (c) through (e), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) PURPOSE.—The purpose of the Energy Star 
program for products is to assist consumers in selecting 
products for purchase that have demonstrated high energy 
efficiency and that are cost-effective from the consumer’s 
perspective, ensuring that any incremental cost attrib-
utable to the energy-efficient features of such products will 
be more than recovered in the value of energy savings the 
products will make possible within several years of pur-
chase, typically within 3 years but no more than 5 years.’’. 
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of the quantity of United States greenhouse gas 
emissions in 2005. 
‘‘SEC. 703. REDUCTION TARGETS FOR SPECIFIED SOURCES. 
‘‘(a) IN GENERAL.—The regulations issued under 
section 721 shall cap and reduce annually the greenhouse 
gas emissions of capped sources each calendar year begin-
ning in 2012 such that— 
‘‘(1) in 2012, the quantity of greenhouse gas 
emissions from capped sources does not exceed 97 
percent of the quantity of greenhouse gas emissions 
from such sources in 2005; 
‘‘(2) in 2020, the quantity of greenhouse gas 
emissions from capped sources does not exceed 83 
percent of the quantity of greenhouse gas emissions 
from such sources in 2005; 
‘‘(3) in 2030, the quantity of greenhouse gas 
emissions from capped sources does not exceed 58 
percent of the quantity of greenhouse gas emissions 
from such sources in 2005; and 
‘‘(4) in 2050, the quantity of greenhouse gas 
emissions from capped sources does not exceed 17 
percent of the quantity of greenhouse gas emissions 
from such sources in 2005. 
‘‘(b) DEFINITION.—For purposes of this section, the 
term ‘greenhouse gas emissions from such sources in 
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States that reduce or limit greenhouse gas emis-
sions, including— 
‘‘(A) technologies for capture and seques-
tration of greenhouse gases; 
‘‘(B) technologies to improve energy effi-
ciency; 
‘‘(C) low- or zero-greenhouse gas emitting 
energy technologies; 
‘‘(D) low- or zero-greenhouse gas emitting 
fuels; 
‘‘(E) biological sequestration practices and 
technologies; and 
‘‘(F) any other technologies the Academy 
deems relevant; and 
‘‘(4) review and compare the emissions reduc-
tion potential, commercial viability, market penetra-
tion, investment trends, and deployment of the tech-
nologies described in paragraph (3), including— 
‘‘(A) the need for additional research and 
development, including publicly funded research 
and development; 
‘‘(B) the extent of commercial deployment, 
including, where appropriate, a comparison to 
the cost and level of deployment of conventional 
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‘‘(7) NATURAL GAS LOCAL DISTRIBUTION COM-
PANIES.—For a covered entity described in section 
700(14)(I), 1 emission allowance for each ton of car-
bon dioxide equivalent of greenhouse gas that will be 
emitted from the combustion of the natural gas, and 
any other gas meeting the specifications for commin-
gling with natural gas for purposes of deliver, that 
such entity delivered during the previous calendar 
year to customers that are not covered entities, as-
suming no capture and sequestration of that green-
house gas. 
‘‘(8) NITROGEN TRIFLUORIDE SOURCES.—For 
a covered entity described in section 700(14)(J), 1 
emission allowance for each ton of carbon dioxide 
equivalent of nitrogen trifluoride that such covered 
entity emitted in the previous calendar year. 
‘‘(9) ALGAE-BASED FUELS.—Where carbon di-
oxide (or another greenhouse gas) is used as an 
input in the production of fuels, the Administrator 
shall ensure that allowances are not required to be 
held both for the carbon dioxide used to grow algae 
and for the carbon dioxide emitted from combustion 
of the fuel produced from such algae. 
‘‘(10) FUGITIVE
EMISSIONS.—The greenhouse 
gas emissions to which paragraphs (1), (5), (6), and 
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