401 
‘‘(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; 
‘‘(B) ‘U’ distinguishes between lamp and 
holder designs of similar type that are not 
interchangeable due to electrical or mechanical 
requirements; and 
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‘‘(C) 24 indicates the distance in millime-
ters between the electrical contact posts. 
‘‘(73) GU-24 ADAPTOR.— 
‘‘(A) IN
GENERAL.—The term ‘GU-24 
Adaptor’ means a 1-piece device, pig-tail, wiring 
harness, or other such socket or base 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 
amended by inserting after subsection (ii) the 
following: 
‘‘(jj) GU–24 BASE LAMPS.— 
‘‘(1) IN GENERAL.—A GU–24 base lamp shall 
not be an incandescent lamp as defined by ANSI. 
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‘‘(2) GU-24 ADAPTORS.—GU–24 adaptors shall 
not adapt a GU–24 socket to any other line voltage 
socket.’’. 
(3) STANDARDS FOR CERTAIN INCANDESCENT 
REFLECTOR LAMPS.—Section 325(i) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(i)), as 
amended by section 161(a)(12) of this Act, is 
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)(D). 
Such standards shall be effective on July 1, 2013. 
‘‘(B) Any rulemaking for incandescent reflector 
lamps completed after enactment of this section 
shall consider standards for all incandescent reflec-
tor lamps, inclusive of those specified in paragraph 
(1)(C). 
‘‘(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-
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404 
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 designed for dis-
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-
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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. 
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-
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406 
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 
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 
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407 
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. 
‘‘(nn) REVISIONS.—The Secretary of Energy shall 
consider revisions to the standards in subsections (kk), 
(ll), and (mm) in accordance with subsection (o) and pub-
lish a final rule no later than January 1, 2013 establishing 
such revised standards, or make a finding that no revi-
sions are technically feasible and economically justified. 
Any such revised standards shall take effect January 1, 
2016.’’. 
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408 
(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. 
‘‘(ii) Have jacket losses not exceeding 
0.75 percent of the input rating. 
‘‘(iii) Have either power venting or a 
flue damper.’’. 
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409 
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-
cordance with test procedures prescribed 
under section 323; and 
‘‘(iii) for clothes washers and dish-
washers— 
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‘‘(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 
‘‘(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-
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411 
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-
ciency advocates), as determined by the 
Secretary, and contains recommendations 
with respect to the testing procedure for a 
covered product; or 
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413 
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 
‘‘(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-
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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). 
‘‘(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-
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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 paragraph, Appendix H to Subpart B 
of Part 430 of the United States Code of Federal 
Regulations, ‘Uniform Test Method for Measuring 
the Energy Consumption of Television Sets’, is re-
pealed. 
‘‘(B) No later than 12 months after the date of 
enactment of this paragraph the Secretary shall pub-
lish in the Federal Register a final rule prescribing 
a new test method for televisions.’’. 
(d) CRITERIA FOR PRESCRIBING NEW OR AMENDED 
STANDARDS.—(1) Section 325(o)(2)(B)(i) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(o)(2)(B)(i)) 
is amended as follows: 
(A) By striking ‘‘and’’ at the end of subclause 
(VI). 
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(B) By redesignating subclause (VII) as sub-
clause (XI). 
(C) By inserting the following new subclauses 
after subclause (VI): 
‘‘(VII) the estimated value of the carbon dioxide 
and other emission reductions that will be achieved 
by virtue of the higher energy efficiency of the cov-
ered products resulting from the imposition of the 
standard; 
‘‘(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’’. 
(2) Section 325(o)(2)(B)(iii) of such Act is amended 
as follows: 
(A) By striking ‘‘three’’ and inserting ‘‘5’’. 
(B) By inserting after the first sentence the fol-
lowing ‘‘For products with an average expected use-
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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 subclause (I), through the 
adoption of regional standards consistent with para-
graph (6) of this subsection, or other reasonable 
means consistent with this part; 
‘‘(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 
‘‘(IV) the hardship cannot be avoided or miti-
gated pursuant the procedures specified in section 
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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— 
‘‘(A) the manufacturers’ compliance with all re-
quirements applicable pursuant to this part; 
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