419 
HR 2454 PCS
SEC. 209. PROHIBITION OF RESTRICTIONS ON RESIDEN-
TIAL INSTALLATION OF SOLAR ENERGY SYS-
TEM. 
(a) REGULATIONS.—Within 180 days after the enact-
ment of this Act, the Secretary of Housing and Urban 
Development, in consultation with the Secretary of En-
ergy, shall issue regulations— 
(1) to prohibit any private covenant, contract 
provision, lease provision, homeowners’ association 
rule or bylaw, or similar restriction, that impairs the 
ability of the owner or lessee of any residential 
structure designed for occupancy by 1 family to in-
stall, construct, maintain, or use a solar energy sys-
tem on such residential property; and 
(2) to require that whenever any such covenant, 
provision, rule or bylaw, or restriction requires ap-
proval for the installation or use of a solar energy 
system, the application for approval shall be proc-
essed and approved by the appropriate approving en-
tity in the same manner as an application for ap-
proval of an architectural modification to the prop-
erty, and shall not be willfully avoided or delayed. 
(b) CONTENTS.—The regulations required under sub-
section (a) shall provide that— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00419
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
420 
HR 2454 PCS
(1) such a covenant, provision, rule or bylaw, or 
restriction impairs the installation, construction, 
maintenance, or use of a solar energy system if it— 
(A) unreasonably delays or prevents instal-
lation, maintenance, or use; 
(B) unreasonably increases the cost of in-
stallation, maintenance, or use; or 
(C) precludes use of such a system; and 
(2) any fee or cost imposed on the owner or les-
see of such a residential structure by such a cov-
enant, provision, rule or bylaw, or restriction shall 
be considered unreasonable if— 
(A) such fee or cost is not reasonable in 
comparison to the cost of the solar energy sys-
tem or the value of its use; or 
(B) treatment of solar energy systems by 
the covenant, provision, rule or bylaw, or re-
striction is not reasonable in comparison with 
treatment of comparable systems by the same 
covenant, provision, rule or bylaw, or restric-
tion. 
(c) SOLAR ENERGY SYSTEM.—For purposes of this 
section, the term ‘‘solar energy system’’ means, with re-
spect to a structure, equipment that uses solar energy to 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00420
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
421 
HR 2454 PCS
generate electricity for, or to heat or cool (or provide hot 
water for use in), such structure. 
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 
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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00421
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
422 
HR 2454 PCS
‘‘(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— 
‘‘(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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00422
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
423 
HR 2454 PCS
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-
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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00423
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
424 
HR 2454 PCS
‘‘(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 
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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00424
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
425 
HR 2454 PCS
‘‘(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 
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, 2016, shall— 
‘‘(A) have an initial luminaire efficacy of 
at least 50 lumens per watt; and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00425
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
426 
HR 2454 PCS
‘‘(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, 2018, 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. 
‘‘(3) In addition to the requirements of para-
graphs (1) through (3), each outdoor luminaire man-
ufactured on or after January 1, 2016, 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. Outdoor lumi-
naries used for roadway lighting applications shall 
be exempt the 2 light level requirement. 
‘‘(4)(A) Not later than January 1, 2022, the 
Secretary shall issue a final rule amending the appli-
cable standards established in paragraph (3) if tech-
nologically feasible and economically justified. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00426
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
427 
HR 2454 PCS
‘‘(B) A final rule issued under subparagraph 
(A) shall establish efficiency standards at the max-
imum level that is technically feasible and economi-
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 
(2) 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, 2025, or 1 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, 2017, 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: 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00427
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
428 
HR 2454 PCS
‘‘(10) OUTDOOR LIGHTING.— 
‘‘(A) With respect to outdoor luminaires 
and outdoor high light output lamps, the test 
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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00428
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
429 
HR 2454 PCS
the Illuminating Engineering Society or other 
appropriate consensus standards bodies.’’. 
(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 3 years, 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00429
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
430 
HR 2454 PCS
then the Secretary shall within 12 months initiate a 
rulemaking to determine if such exclusion should be 
eliminated, if substitute products exist that perform 
more efficiently and fulfill the performance 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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00430
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
432 
HR 2454 PCS
‘‘(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) 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00432
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
433 
HR 2454 PCS
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 (24)’’. 
(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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00433
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
434 
HR 2454 PCS
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 (oo); 
(ii) in subsection (oo)(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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00434
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
435 
HR 2454 PCS
‘‘(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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00435
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
436 
HR 2454 PCS
‘‘(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). 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00436
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
437 
HR 2454 PCS
‘‘(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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00437
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
438 
HR 2454 PCS
‘‘(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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00438
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
439 
HR 2454 PCS
‘‘(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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00439
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
440 
HR 2454 PCS
‘‘(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00440
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
441 
HR 2454 PCS
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. 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). 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00441
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
442 
HR 2454 PCS
‘‘(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 3 years 
after publication of the final rule. Such rulemaking 
shall consider incandescent and nonincandescent 
technologies. Such rulemaking shall consider a new 
metric other than lumens-per-watt based on the pho-
tometric 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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00442
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
443 
HR 2454 PCS
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 merchandising 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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00443
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
444 
HR 2454 PCS
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 
American National Standards Institute publishes a 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00444
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
445 
HR 2454 PCS
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. 
‘‘(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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00445
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
446 
HR 2454 PCS
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.’’. 
(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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00446
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
447 
HR 2454 PCS
‘‘(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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00447
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
448 
HR 2454 PCS
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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00448
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
449 
HR 2454 PCS
‘‘(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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00449
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
450 
HR 2454 PCS
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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00450
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
451 
HR 2454 PCS
‘‘(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00451
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
452 
HR 2454 PCS
‘‘(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). 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00452
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
453 
HR 2454 PCS
‘‘(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 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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00453
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
454 
HR 2454 PCS
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). 
(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’’. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00454
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
455 
HR 2454 PCS
(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-
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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00455
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
456 
HR 2454 PCS
‘‘(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 
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 1 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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00456
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
457 
HR 2454 PCS
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; 
‘‘(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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00457
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
458 
HR 2454 PCS
ing rules, and energy conservation standards and to 
insure compliance with the requirements of this 
part. 
‘‘(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 161(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00458
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
459 
HR 2454 PCS
and portable electric spas adopted by the California 
Energy Commission on or before January 1, 2013.’’. 
(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00459
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
461 
HR 2454 PCS
‘‘(C) for products or groups of products pro-
viding a comparable function (including the group of 
products comprising the heating function of heat 
pumps and furnaces) among covered 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 atmos-
pheric 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 procedures developed 
under section 323 of this part; 
‘‘(ii) national average energy consumed or 
lost in the production, generation, transpor-
tation, storage, and distribution of energy to 
the point of end use; and 
‘‘(iii) any direct emissions of greenhouse 
gases from the product during normal 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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00461
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
462 
HR 2454 PCS
Annual Energy Review, the Environmental Pro-
tection Agency eGRID database, Environmental 
Protection Agency AP–42 Emission Factors as 
amended, and other sources determined 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.—(1) Section 334 of the Energy Policy and 
Conservation Act (42 U.S.C. 6304) 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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00462
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
463 
HR 2454 PCS
‘‘(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 
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.’’. 
(2) The item relating to section 334 in the table of 
contents for such Act is amended to read as follows: 
‘‘Sec. 334. Jurisdiction and venue.’’. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00463
Fmt 6652
Sfmt 6211
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
464 
HR 2454 PCS
(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 (G) and inserting the 
following: 
‘‘(B) The code meets at least one of the fol-
lowing requirements: 
‘‘(i) The code does not require that the 
covered product have an energy efficiency ex-
ceeding— 
‘‘(I) the applicable energy conserva-
tion standard established in or prescribed 
under section 325; 
‘‘(II) the level required by a regula-
tion of that State for which the Secretary 
has issued a rule granting a waiver under 
subsection (d) of this section; or 
‘‘(III) the required level established in 
the International Energy Conservation 
Code or in a standard of the American So-
ciety of Heating, Refrigerating and Air- 
Conditioning Engineers, or by the Sec-
retary pursuant to section 304 of the En-
ergy Conservation and Production Act. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00464
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
465 
HR 2454 PCS
‘‘(ii) If the code uses one or more baseline 
building designs against which all submitted 
building designs are to be evaluated and such 
baseline building designs contain a covered 
product subject to an energy conservation 
standard established in or prescribed under sec-
tion 325, the baseline building designs are 
based on an efficiency 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 op-
tional combinations of items which meet the en-
ergy consumption or conservation objective, in 
at least one combination that the State has 
found to be reasonably achievable using com-
mercially available 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 install-
ing covered products having energy efficiencies ex-
ceeding one of the levels specified in subparagraph 
(B)(i) is on a one-for-one equivalent energy use or 
equivalent energy cost basis, taking into account the 
typical lifetime of the product. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00465
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
466 
HR 2454 PCS
‘‘(D) The energy consumption or conservation 
objective is specified in terms of an estimated 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 equiva-
lent lifetimes. 
‘‘(E) The estimated energy use of any covered 
product permitted or required in the code, or used 
in calculating the objective, is determined using the 
applicable test procedures prescribed under section 
323, except that the State may permit the estimated 
energy use calculation to be adjusted to reflect the 
conditions of the areas where the code is being ap-
plied if such adjustment is based on the use of the 
applicable test procedures prescribed under section 
323 or other technically accurate documented proce-
dure.’’. 
(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 installation of 
covered products with efficiencies exceeding the levels and 
requirements specified in paragraph (3)(B), such require-
ment of the building code shall not be applicable unless 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00466
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
467 
HR 2454 PCS
the Secretary has granted a waiver for such requirement 
under subsection (d) of this section.’’. 
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- 
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 and manufacturers for the replacement, re-
tirement, and recycling of old, inefficient, and envi-
ronmentally harmful products; and 
(3) provide premium awards under subsection 
(e) to manufacturers for developing and producing 
new Superefficient Best-in-Class Products. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00467
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
469 
HR 2454 PCS
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 
maintain an appropriate ratio of such product mod-
els to the total number of product models in the 
product class. 
(4) SMART
GRID
ENERGY
EFFICIENCY
SAV-
INGS.—The Secretary shall include energy efficiency 
savings achieved by a commercially available product 
having smart grid capability in determining the effi-
ciency level of a product for purposes of a Best-In- 
Class Product designation pursuant to this sub-
section. In measuring energy efficiency savings 
achieved by smart grid capability, the Secretary 
shall use a metric that— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00469
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
470 
HR 2454 PCS
(A) is based on the time-differentiated 
value and amount of energy consumption; 
(B) accounts for the capability of the prod-
uct to respond to a smart grid in which the 
physical capability of the product to save or 
delay energy because of a smart grid feature is 
weighted by the likelihood that the feature will 
be used; 
(C) is based on the value of a unit of elec-
tric or gas consumption as a function of time 
of day and season; and 
(D) includes a test method by which the 
manufacturer shall determine the energy effi-
ciency of smart grid capable products. 
(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00470
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
471 
HR 2454 PCS
(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 
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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00471
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
472 
HR 2454 PCS
(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 consumption 
between the Best-in-Class Product and the av-
erage 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-
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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00472
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
473 
HR 2454 PCS
(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— 
(A) retailers for the replacement, retire-
ment, and recycling of older operating low-effi-
ciency products that might otherwise continue 
in operation; and 
(B) manufacturers of Superefficient Best- 
in-Class Products for the retirement and recy-
cling of older operating low-efficiency products 
that perform the same function and which 
might otherwise continue in operation. 
(2) BOUNTIES.—Bounties shall be payable— 
(A) to a retailer upon documentation that 
the sale of a Best-in-Class Product was accom-
panied by the replacement, retirement, and re-
cycling of— 
(i) an inefficient but still-functioning 
product; or 
(ii) a nonfunctioning product con-
taining a refrigerant, by the consumer to 
whom the Best-in-Class Product was sold; 
and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00473
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
474 
HR 2454 PCS
(B) to a manufacturer upon documentation 
of the retirement and recycling of— 
(i) an inefficient but still-functioning 
product from a consumer to whom a 
Superefficient Best-in-Class Product was 
delivered; or 
(ii) a nonfunctioning product con-
taining a refrigerant from a consumer to 
whom a Superefficient Best-in-Class Prod-
uct was delivered. 
(3) AMOUNT.— 
(A) FUNCTIONING PRODUCTS.—The boun-
ty payment payable under this subsection for a 
product described in paragraphs (2)(A)(i) and 
(2)(B)(i) shall be based on the difference be-
tween the estimated energy use of the product 
replaced and the energy use of an average new 
product in the product class, over the estimated 
remaining lifetime of the product that was re-
placed. 
(B) NONFUNCTIONING
PRODUCTS
CON-
TAINING REFRIGERANTS.—The bounty payment 
payable under this subsection for a product de-
scribed in paragraphs (2)(A)(ii) and (2)(B)(ii) 
shall be in the amount that the Secretary of 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00474
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
475 
HR 2454 PCS
Energy, in consultation with the Administrator, 
determines is sufficient to promote the recycling 
of such products, up to the amount of bounty 
for a comparable product described in para-
graphs (2)(A) and (2)(B). 
(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.—Exclusively for the purpose of imple-
menting the bounty payment program for products 
containing a refrigerant under this section, the Ad-
ministrator shall establish standards for environ-
mentally responsible methods of recycling and dis-
posal of refrigerant-containing appliances that, at a 
minimum, meet the requirements set by the Respon-
sible Appliance Disposal (RAD) Program for refrig-
erant disposal. The Secretary shall ensure that such 
standards are met before a bounty payment is made 
under this subsection for a product containing a re-
frigerant. Nothing in this section shall be interpreted 
to alter the requirements of section 608 of the Clean 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00475
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
476 
HR 2454 PCS
Air Act or to relieve any person from complying with 
those requirements. 
(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 
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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00476
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
477 
HR 2454 PCS
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. This subpara-
graph shall not apply to products designated pursu-
ant to paragraph (4)(A). 
(D) In making its finding on the efficiency level 
a product can achieve for purposes of a Supereffi-
cient Best-In-Class Product designation pursuant to 
this paragraph, the Secretary shall include energy 
efficiency savings that would be achieved by a prod-
uct as a result of smart grid capability when a prod-
uct having such capability can be produced and sold 
commercially to mass market consumers. In meas-
uring energy efficiency savings achieved by smart 
grid capability, the Secretary shall use a metric 
that— 
(i) is based on the time-differentiated value 
and amount of energy consumption; 
(ii) accounts for the capability of the prod-
uct to respond to a smart grid in which the 
physical capability of the product to save or 
delay energy because of a smart grid feature is 
weighted by the likelihood that the feature will 
be used; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00477
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
478 
HR 2454 PCS
(iii) is based on the value of a unit of elec-
tric or gas consumption as a function of time 
of day and season; and 
(iv) includes a test method by which the 
manufacturer shall determine the energy effi-
ciency of smart grid capable products. 
(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). 
(B) The amount of the premium award paid 
per unit of Superefficient Best-in-Class Products 
sold to retailers or distributors shall, except as pro-
vided by subparagraph (F), 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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00478
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
479 
HR 2454 PCS
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 
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. 
(F) For years 2011 through 2013, the Sec-
retary shall make bonus payments to manufacturers 
of the products designated in paragraph (4)(A) for 
each product produced in the following amounts: 
(i) $75 for each dishwasher. 
(ii) $250 for each clothes washer. 
(iii) $200 for each refrigerator or refrig-
erator-freezer. 
(iv) $250 for each clothes dryer. 
(v) $200 for each cooking product. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00479
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
480 
HR 2454 PCS
(vi) $300 for each water heater. 
(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. 
(4) DESIGNATIONS.— 
(A) 
INITIAL
DESIGNATIONS.—Notwith-
standing any other provisions of this section, 
the products the Secretary shall designate as a 
Superefficient Best-In-Class Product include, 
but are not limited to, the following products 
manufactured in 2011 through 2013: 
(i) A dishwasher, clothes washer, re-
frigerator, 
or 
refrigerator-freezer 
that 
meets the highest efficiency performance 
standards in its product category as pro-
vided in Section 305(b) of the Emergency 
Economic Stabilization Act of 2008 and 
has the smart grid capability specified in 
paragraph (5). 
(ii) A water heater that meets an effi-
ciency standard that is the same or equiva-
lent to the standard provided in Section 
1333 of the Energy Policy Act of 2005 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00480
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
481 
HR 2454 PCS
and has the smart grid capability specified 
in paragraph (5). 
(iii) A clothes dryer or cooking prod-
uct that the Secretary determines meets 
the standards specified in subsection (j)(3), 
which the Secretary shall promulgate no 
later than 1 year after the date of enact-
ment, and has the smart grid capability 
specified in paragraph (5). 
(B) EXTENSION
OF
INITIAL
DESIGNA-
TIONS.— 
(i) GENERAL.—The Secretary shall in 
2013 extend the Superefficient Best-In- 
Class Product designation of each product 
specified in subparagraph (A)(i) through 
(iii) through 2017, provided that for each 
product designation extended— 
(I) the extension will result in 
significant energy efficiency savings; 
(II) the product meets the Super-
efficient Best-In-Class Product cri-
teria specified in paragraph (1); 
(III) the eligibility standards of 
the product include the smart grid ca-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00481
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
482 
HR 2454 PCS
pability specified in paragraph (5); 
and 
(IV) the Secretary makes appro-
priate revisions to the eligibility stand-
ards of the product as provided by 
paragraph (1). 
(ii) AWARDS.—If a Superefficient 
Best-In-Class Product designation for a 
product is extended pursuant to this sub-
paragraph, the premium award for the 
product shall be determined in accordance 
with paragraph (2). 
(5) SMART GRID CAPABILITY.— 
(A) Until the Secretary promulgates cri-
teria under subparagraph (B), the term ‘‘smart 
grid capability’’ means capability of receiving 
and interpreting time-of-use pricing and peak- 
load-shed signals from a utility and— 
(i) in the case of a cooking product, 
reducing a minimum of 20 percent during 
peak demand as measured by the tested 
average wattage over the course of a typ-
ical operating cycle of the product; or 
(ii) in the case of a clothes washer, a 
refrigerator, a dishwasher, a dryer and a 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00482
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
483 
HR 2454 PCS
water heater, reducing a minimum of 50 
percent during peak demand as measured 
by the tested average wattage over the 
course of a typical operating cycle of the 
product, provided that the typical oper-
ating cycle of a refrigerator and a water 
heater shall be a 24-hour period. 
(B) After completion of the analysis re-
quired under section 142(b) of this Act, the 
Secretary shall expeditiously promulgate, after 
notice and a 30-day public comment period, cri-
teria for what constitutes ‘‘smart grid capa-
bility.’’ 
(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 
efficiency and consumption data. 
(3) For manufacturers, on an immediate basis, 
information concerning any product design or func-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00483
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
484 
HR 2454 PCS
tion changes that affect the energy consumption of 
the unit. 
(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. The Secretary shall estimate actual savings of energy 
from the use of Smart Grid capability in appliances for 
which premium award payments are made pursuant to 
subsection (e) as a function of utility and consumer readi-
ness to utilize such capability. 
(h) DISCLOSURE.—The Secretary of Energy may re-
quire that manufacturers, retailers and distributors dis-
close 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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00484
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
485 
HR 2454 PCS
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 
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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00485
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
486 
HR 2454 PCS
(2) the term ‘‘retailer’’ means an individual, or-
ganization, or company that sells products directly 
to end-users; 
(3) the term ‘‘manufacturer’’ means an indi-
vidual, organization, or company that transforms 
raw materials into mass-producible finished goods; 
and 
(4) 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 
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 $600,000,000 for each 
of the fiscal years 2011 through 2013 to the Secretary 
of Energy for purposes of this section, and such sums as 
may be necessary for subsequent fiscal years. Of funds 
appropriated, not more than 10 percent for any fiscal year 
may be expended on program administration, and not less 
than 40 percent of any funds appropriated during fiscal 
years 2011 through 2013 shall be for purposes of sub-
section (e). 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00486
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
487 
HR 2454 PCS
SEC. 215. WATERSENSE. 
(a) IN GENERAL.—There is established within the 
Environmental Protection Agency a WaterSense program 
to identify and promote water efficient products, buildings 
and landscapes, and services in order— 
(1) to reduce water use; 
(2) to reduce the strain on water, wastewater, 
and stormwater infrastructure; 
(3) to conserve energy used to pump, heat, 
transport, and treat water; and 
(4) to preserve water resources for future gen-
erations, 
through voluntary labeling of, or other forms of commu-
nications about, products, buildings and landscapes, and 
services that meet the highest water efficiency and per-
formance standards. 
(b) DUTIES.—The Administrator shall— 
(1) promote WaterSense labeled products, 
buildings and landscapes, and services in the market 
place as the preferred technologies and services 
for— 
(A) reducing water use; and 
(B) ensuring product and service perform-
ance; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00487
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
488 
HR 2454 PCS
(2) work to enhance public awareness of the 
WaterSense label through public outreach, edu-
cation, and other means; 
(3) establish and maintain performance stand-
ards so that products, buildings and landscapes, and 
services labeled with the WaterSense label perform 
as well or better than their less efficient counter-
parts; 
(4) publicize the need for proper installation 
and maintenance of WaterSense products by a li-
censed, and where certification guidelines exist, 
WaterSense-certified professional to ensure optimal 
performance; 
(5) preserve the integrity of the WaterSense 
label; 
(6) regularly review and, when appropriate, up-
date WaterSense criteria for categories of products, 
buildings and landscapes, and services, at least once 
every 4 years; 
(7) to the extent practical, regularly estimate 
and make available to the public the production and 
relative market shares of WaterSense labeled prod-
ucts, buildings and landscapes, and services, at least 
annually; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00488
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
489 
HR 2454 PCS
(8) to the extent practical, regularly estimate 
and make available to the public the water and en-
ergy savings attributable to the use of WaterSense 
labeled products, buildings and landscapes, and serv-
ices, at least annually; 
(9) solicit comments from interested parties and 
the public prior to establishing or revising a 
WaterSense category, specification, installation cri-
terion, or other criterion (or prior to effective dates 
for any such category, specification, installation cri-
terion, or other criterion); 
(10) provide reasonable notice to interested par-
ties and the public of any changes (including effec-
tive dates), on the adoption of a new or revised cat-
egory, specification, installation criterion, or other 
criterion, along with— 
(A) an explanation of changes; and 
(B) as appropriate, responses to comments 
submitted by interested parties; 
(11) provide appropriate lead time (as deter-
mined by the Administrator) prior to the applicable 
effective date for a new or significant revision to a 
category, specification, installation criterion, or other 
criterion, taking into account the timing require-
ments of the manufacturing, marketing, training, 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00489
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
490 
HR 2454 PCS
and distribution process for the specific product, 
building and landscape, or service category ad-
dressed; and 
(12) identify and, where appropriate, implement 
other voluntary approaches in commercial, institu-
tional, residential, municipal, and industrial sectors 
to encourage reuse and recycling technologies, im-
prove water efficiency, or lower water use while 
meeting, where applicable, the performance stand-
ards established under paragraph (3). 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $7,500,000 for fiscal 
year 2010, $10,000,000 for fiscal year 2011, $20,000,000 
for fiscal year 2012, and $50,000,000 for fiscal year 2013 
and each year thereafter, adjusted for inflation, to carry 
out this section. 
SEC. 216. FEDERAL PROCUREMENT OF WATER EFFICIENT 
PRODUCTS. 
(a) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term in section 7902(a) of title 
5, United States Code. 
(2) WATERSENSE PRODUCT OR SERVICE.—The 
term ‘‘WaterSense product or service’’ means a 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00490
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
491 
HR 2454 PCS
product or service that is rated for water efficiency 
under the WaterSense program. 
(3) 
WATERSENSE
PROGRAM.—The 
term 
‘‘WaterSense program’’ means the program estab-
lished by section 215 of this Act. 
(4) FEMP DESIGNATED PRODUCT.—The term 
‘‘FEMP designated product’’ means a product that 
is designated under the Federal Energy Manage-
ment Program of the Department of Energy as 
being among the highest 25 percent of equivalent 
products for efficiency. 
(5) PRODUCT AND SERVICE.—The terms ‘‘prod-
uct’’ and ‘‘service’’ do not include any water con-
suming product or service designed or procured for 
combat or combat-related missions. The terms also 
exclude products or services already covered by the 
Federal procurement regulations established under 
section 553 of the National Energy Conservation 
Policy Act (42 U.S.C. 8259b). 
(b) PROCUREMENT OF WATER EFFICIENT PROD-
UCTS.— 
(1) REQUIREMENT.—To meet the requirements 
of an agency for a water consuming product or serv-
ice, the head of the agency shall, except as provided 
in paragraph (2), procure— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00491
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
492 
HR 2454 PCS
(A) a WaterSense product or service; or 
(B) a FEMP designated product. 
A WaterSense plumbing product should preferably, 
when possible, be installed by a licensed and, when 
WaterSense 
certification 
guidelines 
exist, 
WaterSense-certified plumber or mechanical con-
tractor, and a WaterSense irrigation system should 
preferably, when possible, be installed, maintained, 
and audited by a WaterSense-certified irrigation 
professional to ensure optimal performance. 
(2) EXCEPTIONS.—The head of an agency is 
not required to procure a WaterSense product or 
service or FEMP designated product under para-
graph (1) if the head of the agency finds in writing 
that— 
(A) a WaterSense product or service or 
FEMP designated product is not cost-effective 
over the life of the product, taking energy and 
water cost savings into account; or 
(B) no WaterSense product or service or 
FEMP designated product is reasonably avail-
able that meets the functional requirements of 
the agency. 
(3) PROCUREMENT PLANNING.—The head of an 
agency shall incorporate into the specifications for 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00492
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
493 
HR 2454 PCS
all procurements involving water consuming products 
and systems, including guide specifications, project 
specifications, and construction, renovation, and 
services contracts that include provision of water 
consuming products and systems, and into the fac-
tors for the evaluation of offers received for the pro-
curement, criteria used for rating WaterSense prod-
ucts and services and FEMP designated products. 
The head of an agency shall consider, to the max-
imum extent practicable, additional measures for re-
ducing agency water consumption, including water 
reuse technologies, leak detection and repair, and 
use of waterless products that perform similar func-
tions to existing water-consuming products. 
(c) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Energy, 
working in coordination with the Administrator, shall 
issue guidelines to carry out this section. 
SEC. 217. EARLY ADOPTER WATER EFFICIENT PRODUCT IN-
CENTIVE PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a State government, local or county gov-
ernment, tribal government, wastewater or sewerage 
utility, municipal water authority, energy utility, 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00493
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
494 
HR 2454 PCS
water utility, or nonprofit organization that meets 
the requirements of subsection (b). 
(2) INCENTIVE PROGRAM.—The term ‘‘incentive 
program’’ means a program for administering finan-
cial incentives for consumer purchase and installa-
tion of residential water efficient products and serv-
ices as described in subsection (b)(1). 
(3) RESIDENTIAL WATER EFFICIENT PRODUCT 
OR SERVICE.—The term ‘‘residential water efficient 
product or service’’ means a product or service for 
a single-family or multifamily residence or its land-
scape that is rated for water efficiency and perform-
ance— 
(A) by the WaterSense program; or 
(B) where a WaterSense specification does 
not exist, by an incentive program. 
Categories of water efficient products and services 
may include faucets, irrigation technologies and 
services, point-of-use water treatment devices, reuse 
and recycling technologies, toilets, and showerheads. 
(4) 
WATERSENSE
PROGRAM.—The 
term 
‘‘WaterSense program’’ means the program estab-
lished by section 215 of this Act. 
(b) ELIGIBLE ENTITIES.—An entity shall be eligible 
to receive an allocation under subsection (c) if the entity— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00494
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
495 
HR 2454 PCS
(1) establishes (or has established) an incentive 
program to provide rebates, vouchers, other financial 
incentives, or direct installs to consumers for the 
purchase of residential water efficient products or 
services; 
(2) submits an application for the allocation at 
such time, in such form, and containing such infor-
mation as the Administrator may require; and 
(3) provides assurances satisfactory to the Ad-
ministrator that the entity will use the allocation to 
supplement, but not supplant, funds made available 
to carry out the incentive program. 
(c) AMOUNT OF ALLOCATIONS.—For each fiscal year, 
the Administrator shall determine the amount to allocate 
to each eligible entity to carry out subsection (d) taking 
into consideration— 
(1) the population served by the eligible entity 
in the most recent calendar year for which data are 
available; 
(2) the targeted population of the eligible enti-
ty’s incentive program, such as general households, 
low-income households, or first-time homeowners, 
and the probable effectiveness of the incentive pro-
gram for that population; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00495
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
496 
HR 2454 PCS
(3) for existing programs, the effectiveness of 
the incentive program in encouraging the adoption 
of water efficient products and services; and 
(4) any prior year’s allocation to the eligible en-
tity that remains unused. 
(d) USE OF ALLOCATED FUNDS.—Funds allocated to 
an entity under subsection (c) may be used to pay up to 
50 percent of the cost of establishing and carrying out 
an incentive program. 
(e) FIXTURE RECYCLING.—Entities are encouraged 
to promote or implement fixture recycling programs to 
manage the disposal of older fixtures replaced due to the 
incentive program under this section. 
(f) ISSUANCE OF INCENTIVES.—Financial incentives 
may be provided to consumers that meet the requirements 
of the incentive program. The entity may issue all finan-
cial incentives directly to consumers or, with approval of 
the Administrator, delegate some or all financial incentives 
administration to other organizations including, but not 
limited to, local governments, municipal water authorities, 
and water utilities. The amount of a financial incentives 
shall be determined by the entity, taking into consider-
ation— 
(1) the amount of the allocation to the entity 
under subsection (c); 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00496
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
497 
HR 2454 PCS
(2) the amount of any Federal, State, or other 
organization’s tax or financial incentive available for 
the purchase of the residential water efficient prod-
uct or service; 
(3) the amount necessary to change consumer 
behavior to purchase water efficient products and 
services; and 
(4) the consumer expenditures for onsite prepa-
ration, assembly, and original installation of the 
product. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Administrator to 
carry out this section $50,000,000 for fiscal year 2010, 
$100,000,000 for fiscal year 2011, $150,000,000 for fis-
cal year 2012, $100,000,000 for fiscal year 2013, and 
$50,000,000 for fiscal year 2014. 
SEC. 218. CERTIFIED STOVES PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) AGENCY.—The term ‘‘Agency’’ means the 
Environmental Protection Agency. 
(2) WOOD
STOVE
OR
PELLET
STOVE.—The 
term ‘‘wood stove or pellet stove’’ means a wood 
stove, pellet stove, or fireplace insert that uses wood 
or pellets for fuel. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00497
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
498 
HR 2454 PCS
(3) CERTIFIED
STOVE.—The term ‘‘certified 
stove’’ means a wood stove or pellet stove that meets 
the standards of performance for new residential 
wood heaters under subpart AAA of part 60 of sub-
chapter C of chapter I of title 40, Code of Federal 
Regulations (or successor regulations), as certified 
by the Administrator. Pellet stoves and fireplace in-
serts using pellets for fuel that are exempt from 
testing by the Administrator but meet the same 
standards of performance as wood stoves are consid-
ered certified for the purposes of this section. 
(4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State, a local government, or a feder-
ally recognized Indian tribe; 
(B) Alaskan Native villages or regional or 
village corporations (as defined in, or estab-
lished under, the Alaskan Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.)); and 
(C) a nonprofit organization or institution 
that— 
(i) represents or provides pollution re-
duction or educational services relating to 
wood smoke minimization to persons, orga-
nizations, or communities; or 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00498
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
499 
HR 2454 PCS
(ii) has, as its principal purpose, the 
promotion of air quality or energy effi-
ciency. 
(b) ESTABLISHMENT.—The Administrator shall es-
tablish and carry out a program to assist in the replace-
ment of wood stoves or pellet stoves that do not meet the 
standards of performance referred to in subsection (a)(4) 
by— 
(1) requiring that each wood stove or pellet 
stove sold in the United States on and after the date 
of enactment of this Act meet the standards of per-
formance referred to in subsection (a)(4); 
(2) requiring that no wood stove or pellet stove 
replaced under this program is sold or returned to 
active service, but that it is instead destroyed and 
recycled to the maximum extent feasible; 
(3) providing funds to an eligible entity to re-
place a wood stove or pellet stove that does not meet 
the standards of performance in subsection (a)(4) 
with a certified stove, including funds to pay for— 
(A) installation of a replacement certified 
stove; and 
(B) necessary replacement of or repairs to 
ventilation, flues, chimneys, or other relevant 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00499
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
500 
HR 2454 PCS
items necessary for safe installation of a re-
placement certified stove; 
(4) in addition to any funds that may be appro-
priated for the program under this subsection, using 
existing Federal, State, and local programs and in-
centives, to the greatest extent practicable; 
(5) prioritizing the replacement of wood stoves 
or pellet stoves manufactured before July 1, 1990; 
and 
(6) carrying out such other activities as the Ad-
ministrator determines appropriate to facilitate the 
replacement of wood stoves or pellet stoves that do 
not meet the standards of performance referred to in 
subsection (a)(3). 
(c) REGULATIONS.—The Administrator may promul-
gate such regulations as are necessary to carry out the 
program established under subsection (b). 
(d) FUNDING.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
the program under this section $20,000,000 for the 
period of fiscal years 2010 through 2014. 
(2) DESIGNATED
USE.—Of amounts appro-
priated pursuant to this subsection— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00500
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
501 
HR 2454 PCS
(A) 25 percent shall be designated for use 
to carry out the program under this section on 
lands held in trust for the benefit of a federally 
recognized Indian tribe; 
(B) 3 percent shall be designated for use 
to carry out the program under this section in 
Alaskan Native villages or regional or village 
corporations (as defined in, or established 
under, the Alaskan Native Claims Settlement 
Act (43 U.S.C. 1601 et seq.)); and 
(C) 72 percent shall be designated for use 
to carry out the program under this section na-
tionwide. 
(3) REGULATORY PROGRAMS.— 
(A) IN GENERAL.—No grant or loan pro-
vided under this section shall be used to fund 
the costs of emissions reductions that are man-
dated under Federal, State, or local law. 
(B) MANDATED.—For purposes of sub-
paragraph (A), voluntary or elective emission 
reduction measures shall not be considered 
‘‘mandated’’, regardless of whether the reduc-
tions are included in the implementation plan of 
a State. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00501
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
502 
HR 2454 PCS
(e) EPA AUTHORITY TO ACCEPT WOOD STOVE OR 
PELLET STOVE REPLACEMENT SUPPLEMENTAL ENVI-
RONMENTAL PROJECTS.— 
(1) IN GENERAL.—The Administrator may ac-
cept (notwithstanding sections 3302 and 1301 of 
title 31, United States Code) wood stove or pellet 
stove 
replacement 
Supplemental 
Environmental 
Projects if such projects, as part of a settlement of 
any alleged violation of environmental law— 
(A) protect human health or the environ-
ment; 
(B) are related to the underlying alleged 
violation; 
(C) do not constitute activities that the de-
fendant would otherwise be legally required to 
perform; and 
(D) do not provide funds for the staff of 
the Agency or for contractors to carry out the 
Agency’s internal operations. 
(2) CERTIFICATION.—In any settlement agree-
ment regarding an alleged violation of environmental 
law in which a defendant agrees to perform a wood 
stove or pellet stove replacement Supplemental Envi-
ronmental Project, the Administrator shall require 
the defendant to include in the settlement docu-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00502
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
503 
HR 2454 PCS
ments a certification under penalty of law that the 
defendant would have agreed to perform a com-
parably valued, alternative project other than a wood 
stove or pellet stove replacement Supplemental Envi-
ronmental Project if the Administrator were pre-
cluded by law from accepting a wood stove or pellet 
stove 
replacement 
Supplemental 
Environmental 
Project. A failure by the Administrator to include 
this language in such a settlement agreement shall 
not create a cause of action against the United 
States under the Clean Air Act or any other law or 
create a basis for overturning a settlement agree-
ment entered into by the United States. 
SEC. 219. ENERGY STAR STANDARDS. 
(a) ENERGY STAR.—Section 324A(c) of the Energy 
Policy and Conservation Act is amended— 
(1) in paragraph (6)(B), by striking ‘‘and’’ 
after the semicolon at the end; 
(2) in paragraph (7), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) not later than 18 months after the date of 
enactment of this paragraph, establish and imple-
ment a rating system for products identified as En-
ergy Star products pursuant to this section to pro-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00503
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
504 
HR 2454 PCS
vide consumers with the most helpful information on 
the relative energy efficiency, including cost effec-
tiveness from the consumer’s perspective, and rel-
ative length of time for consumers to recover costs 
attributable to the energy efficient features, of those 
products, unless the Administrator and the Sec-
retary communicate to Congress that establishing 
such a system would diminish the value of the En-
ergy Star brand to consumers; 
‘‘(9)(A) review the Energy Star product criteria 
for the 10 product models in each product category 
with the greatest energy consumption at least once 
every 3 years; and 
‘‘(B) based on the review, update and publish 
the Energy Star product criteria for each such cat-
egory, as necessary; and 
‘‘(10) require periodic verification of compliance 
with the Energy Star product criteria by products 
identified as Energy Star products pursuant to this 
section, including— 
‘‘(A) purchase and testing of products 
from the market; or 
‘‘(B) other appropriate testing and compli-
ance approaches.’’. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00504
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
505 
HR 2454 PCS
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out the amend-
ments made by this section $5,000,000 for fiscal year 
2010 and for each fiscal year thereafter. 
Subtitle C—Transportation 
Efficiency 
SEC. 221. EMISSIONS STANDARDS. 
Title VIII of the Clean Air Act, as added by section 
331 of this Act, is amended by inserting after part A the 
following new part: 
‘‘PART B—MOBILE SOURCES 
‘‘SEC. 821. GREENHOUSE GAS EMISSION STANDARDS FOR 
MOBILE SOURCES. 
‘‘(a) NEW MOTOR VEHICLES AND NEW MOTOR VE-
HICLE ENGINES.—(1) Pursuant to section 202(a)(1), by 
December 31, 2010, the Administrator shall promulgate 
standards applicable to emissions of greenhouse gases 
from new heavy-duty motor vehicles or new heavy-duty 
motor vehicle engines, excluding such motor vehicles cov-
ered by the Tier II standards (as established by the Ad-
ministrator as of the date of the enactment of this sec-
tion). The Administrator may revise these standards from 
time to time. 
‘‘(2) Regulations issued under section 202(a)(1) ap-
plicable to emissions of greenhouse gases from new heavy- 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00505
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
506 
HR 2454 PCS
duty motor vehicles or new heavy-duty motor vehicle en-
gines, excluding such motor vehicles covered by the Tier 
II standards (as established by the Administrator as of 
the date of the enactment of this section), shall contain 
standards that reflect the greatest degree of emissions re-
duction achievable through the application of technology 
which the Administrator determines will be available for 
the model year to which such standards apply, giving ap-
propriate consideration to cost, energy, and safety factors 
associated with the application of such technology. Any 
such regulations shall take effect after such period as the 
Administrator finds necessary to permit the development 
and application of the requisite technology, and, at a min-
imum, shall apply for a period no less than 3 model years 
beginning no earlier than the model year commencing 4 
years after such regulations are promulgated. 
‘‘(3) Regulations issued under section 202(a)(1) ap-
plicable to emissions of greenhouse gases from new heavy- 
duty motor vehicles or new heavy-duty motor vehicle en-
gines, excluding such motor vehicles covered by the Tier 
II standards (as established by the Administrator as of 
the date of the enactment of this section), shall supersede 
and satisfy any and all of the rulemaking and compliance 
requirements of section 32902(k) of title 49, United 
States Code. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00506
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
507 
HR 2454 PCS
‘‘(4) Other than as specifically set forth in paragraph 
(3) of this subsection, nothing in this section shall affect 
or otherwise increase or diminish the authority of the Sec-
retary of Transportation to adopt regulations to improve 
the overall fuel efficiency of the commercial goods move-
ment system. 
‘‘(b) NONROAD VEHICLES AND ENGINES.—(1) Pur-
suant to section 213(a)(4) and (5), the Administrator 
shall identify those classes or categories of new nonroad 
vehicles or engines, or combinations of such classes or cat-
egories, that, in the judgment of the Administrator, both 
contribute significantly to the total emissions of green-
house gases from nonroad engines and vehicles, and pro-
vide the greatest potential for significant and cost-effective 
reductions in emissions of greenhouse gases. The Adminis-
trator shall promulgate standards applicable to emissions 
of greenhouse gases from these new nonroad engines or 
vehicles by December 31, 2012. The Administrator shall 
also promulgate standards applicable to emissions of 
greenhouse gases for such other classes and categories of 
new nonroad vehicles and engines as the Administrator de-
termines appropriate and in the timeframe the Adminis-
trator determines appropriate. The Administrator shall 
base such determination, among other factors, on the rel-
ative contribution of greenhouse gas emissions, and the 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00507
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
508 
HR 2454 PCS
costs for achieving reductions, from such classes or cat-
egories of new nonroad engines and vehicles. The Adminis-
trator may revise these standards from time to time. 
‘‘(2) Standards under section 213(a)(4) and (5) ap-
plicable to emissions of greenhouse gases from those class-
es or categories of new nonroad engines or vehicles identi-
fied in the first sentence of paragraph (1) of this sub-
section, shall achieve the greatest degree of emissions re-
duction achievable based on the application of technology 
which the Administrator determines will be available at 
the time such standards take effect, taking into consider-
ation cost, energy, and safety factors associated with the 
application of such technology. Any such regulations shall 
take effect at the earliest possible date after such period 
as the Administrator finds necessary to permit the devel-
opment and application of the requisite technology, giving 
appropriate consideration to the cost of compliance within 
such period, the applicable compliance dates for other 
standards, and other appropriate factors, including the pe-
riod of time appropriate for the transfer of applicable tech-
nology from other applications, including motor vehicles, 
and the period of time in which previously promulgated 
regulations have been in effect. 
‘‘(3) For purposes of this section and standards 
under section 213(a)(4) or (5) applicable to emissions of 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00508
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
509 
HR 2454 PCS
greenhouse gases, the term ‘nonroad engines and vehicles’ 
shall include non-internal combustion engines and the ve-
hicles these engines power (such as electric engines and 
electric vehicles), for those non-internal combustion en-
gines and vehicles which would be in the same category 
and have the same uses as nonroad engines and vehicles 
that are powered by internal combustion engines. 
‘‘(c) AVERAGING, BANKING, AND TRADING OF EMIS-
SIONS CREDITS.—In establishing standards applicable to 
emissions of greenhouse gases pursuant to this section and 
sections 202(a), 213(a)(4) and (5), and 231(a), the Ad-
ministrator may establish provisions for averaging, bank-
ing, and trading of greenhouse gas emissions credits with-
in or across classes or categories of motor vehicles and 
motor vehicle engines, nonroad vehicles and engines (in-
cluding marine vessels), and aircraft and aircraft engines, 
to the extent the Administrator determines appropriate 
and considering the factors appropriate in setting stand-
ards under those sections. Such provisions may include 
reasonable and appropriate provisions concerning genera-
tion, banking, trading, duration, and use of credits. 
‘‘(d) REPORTS.—The Administrator shall, from time 
to time, submit a report to Congress that projects the 
amount of greenhouse gas emissions from the transpor-
tation sector, including transportation fuels, for the years 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00509
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
510 
HR 2454 PCS
2030 and 2050, based on the standards adopted under 
this section. 
‘‘(e) GREENHOUSE
GASES.—Notwithstanding the 
provisions of section 711, hydrofluorocarbons shall be con-
sidered a greenhouse gas for purposes of this section.’’. 
SEC. 222. GREENHOUSE GAS EMISSIONS REDUCTIONS 
THROUGH TRANSPORTATION EFFICIENCY. 
(a) ENVIRONMENTAL PROTECTION AGENCY.—Title 
VIII of the Clean Air Act, as added by section 331 of this 
Act, is further amended by inserting after part C the fol-
lowing new part: 
‘‘PART D—TRANSPORTATION EMISSIONS 
‘‘SEC. 841. GREENHOUSE GAS EMISSIONS REDUCTIONS 
THROUGH TRANSPORTATION EFFICIENCY. 
‘‘(a) IN GENERAL.—The Administrator, in consulta-
tion with the Secretary of Transportation, shall promul-
gate, and update from time to time, regulations to estab-
lish national transportation-related greenhouse gas emis-
sions reduction goals, standardized models and methodolo-
gies for use in developing surface transportation-related 
greenhouse gas emissions reduction targets pursuant to 
sections 134 and 135 of title 23 of the United States Code 
and methods for collection of data on transportation-re-
lated greenhouse gas emissions. Such goals shall be com-
mensurate with the emissions reductions goals established 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00510
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
511 
HR 2454 PCS
under the American Clean Energy and Security Act of 
2009. In establishing such goals, models, and methodolo-
gies, the Administrator shall consult with States and met-
ropolitan planning organizations and may utilize existing 
models and methodologies. 
‘‘(b) TIMING.—The Administrator shall— 
‘‘(1) publish proposed regulations under sub-
section (a) not later than 12 months after the date 
of enactment of this section; and 
‘‘(2) promulgate final regulations under sub-
section (a) not later than 18 months after the date 
of enactment of this section. 
‘‘(c) ASSESSMENT.—At least every 6 years after pro-
mulgating final regulations under subsection (a), the Ad-
ministrator, jointly with the Secretary of Transportation, 
shall assess current and projected progress in reducing na-
tional transportation-related greenhouse gas emissions. 
The assessment shall examine the contributions to emis-
sions reductions attributable to improvements in vehicle 
efficiency, greenhouse gas performance of transportation 
fuels, increased efficiency in utilizing transportation sys-
tems and the effects of local and State planning.’’. 
(b) METROPOLITAN PLANNING ORGANIZATIONS.— 
Section 134 of title 23 of the United States Code is 
amended as follows: 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00511
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
512 
HR 2454 PCS
(1) In subsection (a)(1)— 
(A) by striking ‘‘minimizing’’ and inserting 
‘‘reducing’’; and 
(B) by inserting ‘‘, reliance on oil, impacts 
on 
the 
environment, 
transportation-related 
greenhouse gas emissions’’ after ‘‘consump-
tion’’. 
(2) In subsection (h)(1)(E)— 
(A) by inserting ‘‘sustainability and liv-
ability, reduce surface transportation-related 
greenhouse gas emissions and reliance on oil, 
adapt to the effects of climate change,’’ after 
‘‘energy conservation’’; 
(B) by inserting ‘‘and public health’’ after 
‘‘quality of life’’; and 
(C) by inserting ‘‘, including housing and 
land use patterns’’ after ‘‘development pat-
terns’’. 
(3) In subsection (i)(4)(A) by inserting ‘‘air 
quality, public health, housing, transportation,’’ 
after ‘‘conservation,’’. 
(4) In subsection (k) by inserting at the end the 
following new paragraph: 
‘‘(6) EMISSIONS REDUCTION PROCESS.— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00512
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
513 
HR 2454 PCS
‘‘(A) IN GENERAL.—Within a metropolitan 
planning area serving a transportation manage-
ment area, the transportation planning process 
under this section shall address transportation- 
related greenhouse gas emissions by including 
emission reduction targets and strategies. 
‘‘(B) ESTABLISHMENT OF EMISSIONS RE-
DUCTION TARGETS AND STRATEGIES.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the promulgation of the final 
regulations required under section 841 of 
the Clean Air Act, each metropolitan plan-
ning organization shall develop surface 
transportation-related 
greenhouse 
gas 
emission reduction targets, as well as 
strategies to meet such targets, as part of 
the transportation planning process under 
this section. If more than one metropolitan 
planning organization has been designated 
within a metropolitan planning area serv-
ing a transportation management area, 
each such metropolitan planning organiza-
tion shall work cooperatively with other 
such organization to develop the surface 
transportation-related 
greenhouse 
gas 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00513
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
514 
HR 2454 PCS
emission reduction targets required under 
this subparagraph. 
‘‘(ii) 
MINIMUM
REQUIREMENTS.— 
Each metropolitan planning organization 
that develops targets and strategies re-
quired under clause (i) shall demonstrate 
progress in stabilizing and reducing trans-
portation-related greenhouse gas emissions 
in each metropolitan planning area serving 
a surface transportation management area. 
The targets and strategies shall, at a min-
imum— 
‘‘(I) be based on the models and 
methodologies established in the final 
regulations required under section 
841 of the Clean Air Act; 
‘‘(II) address sources of surface 
transportation-related greenhouse gas 
emissions and contribute to achieve-
ment of the national transportation- 
related greenhouse gas emissions re-
duction goals; 
‘‘(III) include efforts to increase 
public transportation ridership; and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00514
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
515 
HR 2454 PCS
‘‘(IV) include efforts to increase 
walking, bicycling, and other forms of 
nonmotorized transportation. 
‘‘(C) PUBLIC NOTICE.—Each metropolitan 
planning organization shall make its emission 
reduction targets and strategies, and an anal-
ysis of the anticipated effects thereof, available 
to the public through its Web site. 
‘‘(D) ENFORCEMENT.—If the Secretary 
finds that a metropolitan planning organization 
has failed to develop, submit or publish its 
emission reduction targets and strategies, the 
Secretary shall not certify that the require-
ments of this section are met with respect to 
the metropolitan planning process of such orga-
nization.’’. 
(c) STATES.—Section 135 of title 23 of the United 
States Code is amended as follows: 
(1) In subsection (d)(1)(E)— 
(A) by inserting ‘‘sustainability and liv-
ability, reduce surface transportation-related 
greenhouse gas emissions and reliance on oil, 
adapt to the effects of climate change,’’ after 
‘‘energy conservation’’; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00515
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
516 
HR 2454 PCS
(B) by inserting ‘‘and public health’’ after 
‘‘quality of life’’; and 
(C) by inserting ‘‘, including housing and 
land use patterns’’ after ‘‘development pat-
terns’’. 
(2) In subsection (f)(2)(D)(i) by inserting ‘‘air 
quality, public health, housing, transportation,’’ 
after ‘‘conservation,’’. 
(3) In subsection (f) by inserting at the end the 
following new paragraph: 
‘‘(9) EMISSIONS REDUCTION PROCESS.— 
‘‘(A) IN GENERAL.—Within a State, the 
transportation planning process under this sec-
tion shall address transportation-related green-
house gas emissions by including emission re-
duction targets and strategies. 
‘‘(B) ESTABLISHMENT OF EMISSIONS RE-
DUCTION TARGETS AND STRATEGIES.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the promulgation of the final 
regulations required under section 841 of 
the Clean Air Act, each State shall develop 
surface transportation-related greenhouse 
gas emission reduction targets, as well as 
strategies to meet such targets, as part of 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00516
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
517 
HR 2454 PCS
the transportation planning process under 
this section. 
‘‘(ii) 
MINIMUM
REQUIREMENTS.— 
Each State that develops targets and strat-
egies required under clause (i) shall dem-
onstrate progress in stabilizing and reduc-
ing transportation-related greenhouse gas 
emissions in such State. The targets and 
strategies shall, at a minimum— 
‘‘(I) be based on the models and 
methodologies established in the final 
regulations required under section 
841 of the Clean Air Act; 
‘‘(II) address sources of surface 
transportation-related greenhouse gas 
emissions and contribute to achieve-
ment of the national transportation- 
related greenhouse gas emissions re-
duction goals; 
‘‘(III) include efforts to increase 
public transportation ridership; and 
‘‘(IV) include efforts to increase 
walking, bicycling, and other forms of 
nonmotorized transportation. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00517
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
518 
HR 2454 PCS
‘‘(D) PUBLIC NOTICE.—Each State shall 
make its emission reduction targets and strate-
gies, and an analysis of the anticipated effects 
thereof, available to the public through its Web 
site. 
‘‘(E) ENFORCEMENT.—If the Secretary 
finds that a State has failed to develop, submit 
or publish its emission reduction targets and 
strategies, the Secretary shall not certify that 
the requirements of this section are met with 
respect to the statewide planning process of 
such State.’’. 
(d) DEPARTMENT OF TRANSPORTATION.—The Sec-
retary of Transportation shall establish appropriate re-
quirements, including performance measures, to ensure 
that transportation plans developed under sections 134 
and 135 of title 23 of the United States Code sufficiently 
meet the requirements of this section, including achieving 
progress towards national transportation-related green-
house gas emissions reduction goals. 
SEC. 223. SMARTWAY TRANSPORTATION EFFICIENCY PRO-
GRAM. 
Part B of title VIII of the Clean Air Act, as added 
by section 221 of this Act is amended by adding after sec-
tion 821 the following section: 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00518
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
519 
HR 2454 PCS
‘‘SEC. 822. SMARTWAY TRANSPORTATION EFFICIENCY PRO-
GRAM. 
‘‘(a) IN GENERAL.—There is established within the 
Environmental Protection Agency a SmartWay Transport 
Program to quantify, demonstrate, and promote the bene-
fits of technologies, products, fuels, and operational strate-
gies that reduce petroleum consumption, air pollution, and 
greenhouse gas emissions from the mobile source sector. 
‘‘(b) GENERAL DUTIES.—Under the program estab-
lished under this section, the Administrator shall carry out 
each of the following: 
‘‘(1) Development of measurement protocols to 
evaluate the energy consumption and greenhouse gas 
impacts from technologies and strategies in the mo-
bile source sector, including those for passenger 
transport and goods movement. 
‘‘(2) Development of qualifying thresholds for 
certifying, verifying, or designating energy-efficient, 
low-greenhouse gas SmartWay technologies and 
strategies for each mode of passenger transportation 
and goods movement. 
‘‘(3) Development of partnership and recogni-
tion programs to promote best practices and drive 
demand for energy-efficient, low-greenhouse gas 
transportation performance. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00519
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
520 
HR 2454 PCS
‘‘(4) Promotion of the availability of, and en-
couragement of the adoption of, SmartWay certified 
or verified technologies and strategies, and publica-
tion of the availability of financial incentives, such 
as assistance from loan programs and other Federal 
and State incentives. 
‘‘(c) SMARTWAY TRANSPORT FREIGHT PARTNER-
SHIP.—The Administrator shall establish a SmartWay 
Transport Freight Partnership program with shippers and 
carriers of goods to promote energy-efficient, low-green-
house gas transportation. In carrying out such partner-
ship, the Administrator shall undertake each of the fol-
lowing: 
‘‘(1) Certification of the energy and greenhouse 
gas performance of participating freight carriers, in-
cluding those operating rail, trucking, marine, and 
other goods movement operations. 
‘‘(2) Publication of a comprehensive energy and 
greenhouse gas performance index of freight modes 
(including rail, trucking, marine, and other modes of 
transporting goods) and individual freight companies 
so that shippers can choose to deliver their goods 
more efficiently. 
‘‘(3) Development of tools for— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00520
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
521 
HR 2454 PCS
‘‘(A) carriers to calculate their energy and 
greenhouse gas performance; and 
‘‘(B) shippers to calculate the energy and 
greenhouse gas impacts of moving their prod-
ucts and to evaluate the relative impacts from 
transporting their goods by different modes and 
corporate carriers. 
‘‘(4) Provision of recognition opportunities for 
participating shipper and carrier companies dem-
onstrating advanced practices and achieving superior 
levels of greenhouse gas performance. 
‘‘(d) IMPROVING FREIGHT GREENHOUSE GAS PER-
FORMANCE DATABASES.—The Administrator shall, in co-
ordination with other appropriate agencies, define and col-
lect data on the physical and operational characteristics 
of the Nation’s truck population, with special emphasis on 
data related to energy efficiency and greenhouse gas per-
formance to inform the performance index published 
under subsection (c)(2) of this section, and other means 
of goods transport as necessary, at least every 5 years. 
‘‘(e) ESTABLISHMENT OF FINANCING PROGRAM.— 
The Administrator shall establish a SmartWay Financing 
Program to competitively award funding to eligible entities 
identified by the Administrator in accordance with the 
program requirements in subsection (g). 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 00521
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS