I 
112TH CONGRESS 
1ST SESSION 
H. R. 482 
To amend the Energy Policy and Conservation Act to provide a uniform 
efficiency descriptor for covered water heaters. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2011 
Mr. COOPER (for himself and Mrs. BLACKBURN) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Energy Policy and Conservation Act to provide 
a uniform efficiency descriptor for covered water heaters. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Heater Rating 
Improvement Act of 2011’’. 
SEC. 2. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED 
WATER HEATERS. 
Section 325(e) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(e)) is amended by adding at the end 
the following: 
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‘‘(5) UNIFORM
EFFICIENCY
DESCRIPTOR
FOR 
COVERED WATER HEATERS.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) COVERED WATER HEATER.—The 
term ‘covered water heater’ means— 
‘‘(I) a water heater; and 
‘‘(II) a storage water heater, in-
stantaneous water heater, and unfired 
water storage tank (as defined in sec-
tion 340). 
‘‘(ii) FINAL
RULE.—The term ‘final 
rule’ means the final rule published under 
this paragraph. 
‘‘(B) PUBLICATION OF FINAL RULE.—Not 
later than 180 days after the date of enactment 
of this paragraph, the Secretary shall publish a 
final rule that establishes a uniform efficiency 
descriptor and accompanying test methods for 
covered water heaters. 
‘‘(C) PURPOSE.—The purpose of the final 
rule shall be to replace with a uniform effi-
ciency descriptor— 
‘‘(i) the energy factor descriptor for 
water heaters established under this sub-
section; and 
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‘‘(ii) the thermal efficiency and stand-
by loss descriptors for storage water heat-
ers, instantaneous water heaters, and 
unfired water storage tanks established 
under section 342(a)(5). 
‘‘(D) EFFECT OF FINAL RULE.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of this title, effective 
beginning on the effective date of the final 
rule, the efficiency standard for covered 
water heaters shall be denominated accord-
ing to the efficiency descriptor established 
by the final rule. 
‘‘(ii) EFFECTIVE
DATE.—The final 
rule shall take effect 1 year after the date 
of publication of the final rule under sub-
paragraph (B). 
‘‘(E) CONVERSION FACTOR.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall develop a mathematical conversion 
factor for converting the measurement of 
efficiency for covered water heaters from 
the test procedures in effect on the date of 
enactment of this paragraph to the new 
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energy descriptor established under the 
final rule. 
‘‘(ii) APPLICATION.—The conversion 
factor shall apply to models of covered 
water heaters affected by the final rule and 
tested prior to the effective date of the 
final rule. 
‘‘(iii) EFFECT
ON
EFFICIENCY
RE-
QUIREMENTS.—The conversion factor shall 
not affect the minimum efficiency require-
ments for covered water heaters otherwise 
established under this title. 
‘‘(iv) USE.—During the period de-
scribed in clause (v), a manufacturer may 
apply the conversion factor established by 
the Secretary to rerate existing models of 
covered water heaters that are in existence 
prior to the effective date of the rule de-
scribed in clause (v)(II) to comply with the 
new efficiency descriptor. 
‘‘(v) PERIOD.—Subclause (E) shall 
apply during the period— 
‘‘(I) beginning on the date of 
publication of the conversion factor in 
the Federal Register; and 
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‘‘(II) ending on April 16, 2015. 
‘‘(F) EXCLUSIONS.—The final rule may 
exclude a specific category of covered water 
heaters from the uniform efficiency descriptor 
established under this paragraph if the Sec-
retary determines that the category of water 
heaters— 
‘‘(i) does not have a residential use 
and can be clearly described in the final 
rule; and 
‘‘(ii) are effectively rated using the 
thermal 
efficiency 
and 
standby 
loss 
descriptors applied (as of the date of en-
actment of this paragraph) to the category 
under section 342(a)(5). 
‘‘(G) OPTIONS.—The descriptor set by the 
final rule may be— 
‘‘(i) a revised version of the energy 
factor descriptor in use as of the date of 
enactment of this paragraph; 
‘‘(ii) the thermal efficiency and stand-
by loss descriptors in use as of that date; 
‘‘(iii) a revised version of the thermal 
efficiency and standby loss descriptors; 
‘‘(iv) a hybrid of descriptors; or 
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‘‘(v) a new approach. 
‘‘(H) 
APPLICATION.—The 
efficiency 
descriptor and accompanying test method estab-
lished under the final rule shall apply, to the 
maximum extent practicable, to all water heat-
ing technologies in use as of the date of enact-
ment of this paragraph and to future water 
heating technologies. 
‘‘(I) PARTICIPATION.—The Secretary shall 
invite interested stakeholders to participate in 
the rulemaking process used to establish the 
final rule. 
‘‘(J) 
TESTING
OF
ALTERNATIVE 
DESCRIPTORS.—In establishing the final rule, 
the Secretary shall contract with the National 
Institute of Standards and Technology, as nec-
essary, to conduct testing and simulation of al-
ternative descriptors identified for consider-
ation. 
‘‘(K) EXISTING
COVERED
WATER
HEAT-
ERS.—A covered water heater shall be consid-
ered to comply with the final rule on and after 
the effective date of the final rule and with any 
revised labeling requirements established by the 
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Federal Trade Commission to carry out the 
final rule if the covered water heater— 
‘‘(i) was manufactured prior to the ef-
fective date of the final rule; and 
‘‘(ii) complied with the efficiency 
standards and labeling requirements in ef-
fect prior to the final rule.’’. 
Æ 
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