503 
mined that the inferred heat load cannot be met 
by the residual heat of the water in the system. 
‘‘(iii) NO INFERRED HEAT LOAD.—When 
there is no inferred heat load with respect to a 
hot water boiler, the automatic means described 
in clause (i) and (ii) shall limit the temperature 
of the water in the boiler to not more than 140 
degrees Fahrenheit. 
‘‘(iv) OPERATION.—A boiler described in 
clause (i) or (ii) shall be operable only when the 
automatic means described in clauses (i), (ii), 
and (iii) is installed.’’. 
SEC. 9004. REGIONAL VARIATIONS IN HEATING OR COOL-
ING STANDARDS. 
(a) CONSUMER APPLIANCES.—Section 325(o) of the 
Energy Policy and Conservation Act (42 U.S.C. 6925(o)) 
is amended by adding at the end the following new para-
graph: 
‘‘(6)(A) The Secretary may establish regional stand-
ards for space heating and air conditioning products, other 
than window-unit air-conditioners and portable space 
heaters. For each space heating and air conditioning prod-
uct, the Secretary may establish a national minimum 
standard and two more stringent regional standards for 
regions determined to have significantly differing climatic 
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872 
‘‘(7) MODIFIED
ENERGY
FACTOR.—The term 
‘modified energy factor’ means the modified energy 
factor established by the Department of Energy for 
compliance with the Federal energy conservation 
standard.’’. 
(6) GALLONS
PER
CYCLE; WATER
CONSUMP-
TION FACTOR.—Section 45M(f) (relating to defini-
tions) is amended by adding at the end the fol-
lowing: 
‘‘(10) GALLONS PER CYCLE.—The term ‘gallons 
per cycle’ means, with respect to a dishwasher, the 
amount of water, expressed in gallons, required to 
complete a normal cycle of a dishwasher. 
‘‘(11) WATER
CONSUMPTION
FACTOR.—The 
term ‘water consumption factor’ means, with respect 
to a clothes washer, the quotient of the total weight-
ed per-cycle water consumption divided by the cubic 
foot (or liter) capacity of the clothes washer.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply to appliances produced after De-
cember 31, 2007. 
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873 
SEC. 10115. FIVE-YEAR APPLICABLE RECOVERY PERIOD 
FOR DEPRECIATION OF QUALIFIED ENERGY 
MANAGEMENT DEVICES. 
(a) IN GENERAL.—Section 168(e)(3)(B) (relating to 
5-year property) is amended by striking ‘‘and’’ at the end 
of clause (v), by striking the period at the end of clause 
(vi) and inserting ‘‘, and’’, and by inserting after clause 
(vi) the following new clause: 
‘‘(vii) any qualified energy manage-
ment device.’’. 
(b) DEFINITION OF QUALIFIED ENERGY MANAGE-
MENT DEVICE.—Section 168(i) (relating to definitions 
and special rules) is amended by inserting at the end the 
following new paragraph: 
‘‘(18) QUALIFIED
ENERGY
MANAGEMENT
DE-
VICE.— 
‘‘(A) IN
GENERAL.—The term ‘qualified 
energy management device’ means any energy 
management device which is installed on real 
property of a customer of the taxpayer and is 
placed in service by a taxpayer who— 
‘‘(i) is a supplier of electric energy or 
a provider of electric energy services, and 
‘‘(ii) provides all commercial and resi-
dential customers of such supplier or pro-
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