H. R. 6—50
‘‘(I) section 323(e) shall apply; and 
‘‘(II) subparagraph (B) shall apply to the adopted test proce-
dure. 
‘‘(7)(A) In the case of automatic commercial ice makers, the 
test procedures shall be the test procedures specified in Air-Condi-
tioning and Refrigeration Institute Standard 810–2003, as in effect 
on January 1, 2005. 
‘‘(B)(i) If Air-Conditioning and Refrigeration Institute Standard 
810–2003 is amended, the Secretary shall amend the test proce-
dures established in subparagraph (A) as necessary to be consistent 
with the amended Air-Conditioning and Refrigeration Institute 
Standard, unless the Secretary determines, by rule, published in 
the Federal Register and supported by clear and convincing evi-
dence, that to do so would not meet the requirements for test 
procedures under paragraphs (2) and (3). 
‘‘(ii) If the Secretary issues a rule under clause (i) containing 
a determination described in clause (ii), the rule may establish 
an amended test procedure for the product that meets the require-
ments of paragraphs (2) and (3). 
‘‘(C) The Secretary shall comply with section 323(e) in estab-
lishing any amended test procedure under this paragraph. 
‘‘(8) With respect to commercial clothes washers, the test proce-
dures shall be the same as the test procedures established by 
the Secretary for residential clothes washers under section 325(g).’’; 
and 
(2) in subsection (d)(1), by inserting ‘‘very large commercial 
package air conditioning and heating equipment, commercial 
refrigerators, freezers, and refrigerator-freezers, automatic 
commercial ice makers, commercial clothes washers,’’ after 
‘‘large commercial package air conditioning and heating equip-
ment,’’. 
(g) LABELING.—Section 344(e) of the Energy Policy and Con-
servation Act (42 U.S.C. 6315(e)) is amended by inserting ‘‘very 
large commercial package air conditioning and heating equipment, 
commercial refrigerators, freezers, and refrigerator-freezers, auto-
matic commercial ice makers, commercial clothes washers,’’ after 
‘‘large commercial package air conditioning and heating equipment,’’ 
each place it appears. 
(h) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMP-
TION.—Section 345 of the Energy Policy and Conservation Act (42 
U.S.C. 6316) is amended— 
(1) in subsection (a)— 
(A) in paragraph (7), by striking ‘‘and’’ at the end; 
(B) in paragraph (8), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(9) in the case of commercial clothes washers, section 
327(b)(1) shall be applied as if the National Appliance Energy 
Conservation Act of 1987 was the Energy Policy Act of 2005.’’; 
(2) in the first sentence of subsection (b)(1), by striking 
‘‘part B’’ and inserting ‘‘part A’’; and 
(3) by adding at the end the following: 
‘‘(d)(1) Except as provided in paragraphs (2) and (3), section 
327 shall apply with respect to very large commercial package 
air conditioning and heating equipment to the same extent and 
in the same manner as section 327 applies under part A on the 
date of enactment of this subsection.
H. R. 6—51
‘‘(2) Any State or local standard issued before the date of 
enactment of this subsection shall not be preempted until the stand-
ards established under section 342(a)(9) take effect on January 
1, 2010. 
‘‘(e)(1)(A) Subsections (a), (b), and (d) of section 326, subsections 
(m) through (s) of section 325, and sections 328 through 336 shall 
apply with respect to commercial refrigerators, freezers, and refrig-
erator-freezers to the same extent and in the same manner as 
those provisions apply under part A. 
‘‘(B) In applying those provisions to commercial refrigerators, 
freezers, and refrigerator-freezers, paragraphs (1), (2), (3), and (4) 
of subsection (a) shall apply. 
‘‘(2)(A) Section 327 shall apply to commercial refrigerators, 
freezers, and refrigerator-freezers for which standards are estab-
lished under paragraphs (2) and (3) of section 342(c) to the same 
extent and in the same manner as those provisions apply under 
part A on the date of enactment of this subsection, except that 
any State or local standard issued before the date of enactment 
of this subsection shall not be preempted until the standards estab-
lished under paragraphs (2) and (3) of section 342(c) take effect. 
‘‘(B) In applying section 327 in accordance with subparagraph 
(A), paragraphs (1), (2), and (3) of subsection (a) shall apply. 
‘‘(3)(A) Section 327 shall apply to commercial refrigerators, 
freezers, and refrigerator-freezers for which standards are estab-
lished under section 342(c)(4) to the same extent and in the same 
manner as the provisions apply under part A on the date of publica-
tion of the final rule by the Secretary, except that any State or 
local standard issued before the date of publication of the final 
rule by the Secretary shall not be preempted until the standards 
take effect. 
‘‘(B) In applying section 327 in accordance with subparagraph 
(A), paragraphs (1), (2), and (3) of subsection (a) shall apply. 
‘‘(4)(A) If the Secretary does not issue a final rule for a specific 
type of commercial refrigerator, freezer, or refrigerator-freezer 
within the time frame specified in section 342(c)(5), subsections 
(b) and (c) of section 327 shall not apply to that specific type 
of refrigerator, freezer, or refrigerator-freezer for the period begin-
ning on the date that is 2 years after the scheduled date for 
a final rule and ending on the date on which the Secretary publishes 
a final rule covering the specific type of refrigerator, freezer, or 
refrigerator-freezer. 
‘‘(B) Any State or local standard issued before the date of 
publication of the final rule shall not be preempted until the final 
rule takes effect. 
‘‘(5)(A) In the case of any commercial refrigerator, freezer, or 
refrigerator-freezer to which standards are applicable under para-
graphs (2) and (3) of section 342(c), the Secretary shall require 
manufacturers to certify, through an independent, nationally recog-
nized testing or certification program, that the commercial refrig-
erator, freezer, or refrigerator-freezer meets the applicable standard. 
‘‘(B) The Secretary shall, to the maximum extent practicable, 
encourage the establishment of at least 2 independent testing and 
certification programs. 
‘‘(C) As part of certification, information on equipment energy 
use and interior volume shall be made available to the Secretary. 
‘‘(f)(1)(A)(i) Except as provided in clause (ii), section 327 shall 
apply to automatic commercial ice makers for which standards