factured 3 years after the date on which the final amended 
standard is published.’’. 
(f) TEST PROCEDURES.—Section 343 of the Energy 
Policy and Conservation Act (42 U.S.C. 6314) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (4)— 
(i) in subparagraph (A), by inserting 
‘‘very large commercial package air condi-
tioning and heating equipment,’’ after 
‘‘large commercial package air conditioning 
and heating equipment,’’; and 
(ii) in subparagraph (B), by inserting 
‘‘very large commercial package air condi-
tioning and heating equipment,’’ after 
‘‘large commercial package air conditioning 
and heating equipment,’’; and 
(B) by adding at the end the following: 
‘‘(6)(A)(i) In the case of commercial refrigerators, 
freezers, and refrigerator-freezers, the test procedures 
shall be— 
‘‘(I) the test procedures determined by the Sec-
retary to be generally accepted industry testing pro-
cedures; or
‘‘(II) rating procedures developed or recognized 
by the ASHRAE or by the American National 
Standards Institute. 
‘‘(ii) In the case of self-contained refrigerators, freez-
ers, and refrigerator-freezers to which standards are appli-
cable under paragraphs (2) and (3) of section 342(c), the 
initial test procedures shall be the ASHRAE 117 test pro-
cedure that is in effect on January 1, 2005. 
‘‘(B) In the case of commercial refrigerators, freez-
ers, and refrigerators-freezers with doors covered by the 
standards adopted in February 2002, by the California 
Energy Commission, the rating temperatures shall be the 
integrated average temperature of 38 degrees F (plus or 
minus 2 degrees F) for refrigerator compartments and 0 
degrees F (plus or minus 2 degrees F) for freezer com-
partments. 
‘‘(C) The Secretary shall issue a rule in accordance 
with paragraphs (2) and (3) to establish the appropriate 
rating temperatures for the other products for which 
standards will be established under subsection 342(c)(4). 
‘‘(D) In establishing the appropriate test tempera-
tures under this subparagraph, the Secretary shall follow 
the procedures and meet the requirements under section 
323(e).
‘‘(E)(i) Not later than 180 days after the publication 
of the new ASHRAE 117 test procedure, if the ASHRAE 
117 test procedure for commercial refrigerators, freezers, 
and refrigerator-freezers is amended, the Secretary shall, 
by rule, amend the test procedure for the product as nec-
essary to ensure that the test procedure is consistent with 
the amended ASHRAE 117 test procedure, unless the 
Secretary makes a determination, by rule, and supported 
by clear and convincing evidence, that to do so would not 
meet the requirements for test procedures under para-
graphs (2) and (3). 
‘‘(ii) If the Secretary determines that 180 days is an 
insufficient period during which to review and adopt the 
amended test procedure or rating procedure under clause 
(i), the Secretary shall publish a notice in the Federal 
Register stating the intent of the Secretary to wait not 
longer than 1 additional year before putting into effect 
an amended test procedure or rating procedure. 
‘‘(F)(i) If a test procedure other than the ASHRAE 
117 test procedure is approved by the American National 
Standards Institute, the Secretary shall, by rule— 
‘‘(I) review the relative strengths and weak-
nesses of the new test procedure relative to the 
ASHRAE 117 test procedure; and
‘‘(II) based on that review, adopt 1 new test 
procedure for use in the standards program. 
‘‘(ii) If a new test procedure is adopted under clause 
(i)— 
‘‘(I) section 323(e) shall apply; and 
‘‘(II) subparagraph (B) shall apply to the 
adopted test procedure. 
‘‘(7)(A) In the case of automatic commercial ice mak-
ers, the test procedures shall be the test procedures speci-
fied in Air-Conditioning and Refrigeration Institute 
Standard 810–2003, as in effect on January 1, 2005. 
‘‘(B)(i) If Air-Conditioning and Refrigeration Insti-
tute Standard 810–2003 is amended, the Secretary shall 
amend the test procedures established in subparagraph 
(A) as necessary to be consistent with the amended Air- 
Conditioning and Refrigeration Institute Standard, 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 paragraphs (2) and (3). 
‘‘(ii) If the Secretary issues a rule under clause (i) 
containing a determination described in clause (ii), the 
rule may establish an amended test procedure for the 
product that meets the requirements of paragraphs (2) 
and (3).
‘‘(C) The Secretary shall comply with section 323(e) 
in establishing any amended test procedure under this 
paragraph. 
‘‘(8) With respect to commercial clothes washers, the 
test procedures shall be the same as the test procedures 
established by the Secretary for residential clothes wash-
ers under section 325(g).’’; and 
(2) in subsection (d)(1), by inserting ‘‘very 
large commercial package air conditioning and heat-
ing equipment, commercial refrigerators, freezers, 
and refrigerator-freezers, automatic commercial ice 
makers, commercial clothes washers,’’ after ‘‘large 
commercial package air conditioning and heating 
equipment,’’. 
(g) LABELING.—Section 344(e) of the Energy Policy 
and Conservation Act (42 U.S.C. 6315(e)) is amended by 
inserting ‘‘very large commercial package air conditioning 
and heating equipment, commercial refrigerators, freezers, 
and refrigerator-freezers, automatic commercial ice mak-
ers, commercial clothes washers,’’ after ‘‘large commercial 
package air conditioning and heating equipment,’’ each 
place it appears. 
(h) ADMINISTRATION, PENALTIES, ENFORCEMENT, 
AND PREEMPTION.—Section 345 of the Energy Policy and 
Conservation Act (42 U.S.C. 6316) is amended—
(1) in subsection (a)— 
(A) in paragraph (7), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (8), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) in the case of commercial clothes washers, 
section 327(b)(1) shall be applied as if the National 
Appliance Energy Conservation Act of 1987 was the 
Energy Policy Act of 2005.’’; 
(2) in the first sentence of subsection (b)(1), by 
striking ‘‘part B’’ and inserting ‘‘part A’’; and 
(3) by adding at the end the following: 
‘‘(d)(1) Except as provided in paragraphs (2) and 
(3), section 327 shall apply with respect to very large com-
mercial package air conditioning and heating equipment 
to the same extent and in the same manner as section 
327 applies under part A on the date of enactment of this 
subsection. 
‘‘(2) Any State or local standard issued before the 
date of enactment of this subsection shall not be pre-
empted until the standards established under section 
342(a)(9) take effect on January 1, 2010. 
‘‘(e)(1)(A) Subsections (a), (b), and (d) of section 
326, subsections (m) through (s) of section 325, and sec-