184 
‘‘(2) DEHUMIDIFIERS
MANUFACTURED
ON
OR 
AFTER
OCTOBER
1, 2012.—Dehumidifiers manufac-
tured on or after October 1, 2012, shall have an En-
ergy Factor that meets or exceeds the following values: 
‘‘Product Capacity (pints/day): 
Minimum Energy 
Factor (liters/ 
KWh)
Up to 35.00 .................................................................
1.35
35.01-45.00 ..................................................................
1.50
45.01-54.00 ..................................................................
1.60
54.01-75.00 ..................................................................
1.70
Greater than 75.00 ......................................................
2.5.’’. 
(2) RESIDENTIAL CLOTHES WASHERS AND RESI-
DENTIAL DISHWASHERS.—Section 325(g) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6295(g)) 
is amended by adding at the end the following: 
‘‘(9) RESIDENTIAL CLOTHES WASHERS MANUFAC-
TURED ON OR AFTER JANUARY 1, 2011.— 
‘‘(A) IN GENERAL.—A top-loading or front- 
loading standard-size residential clothes washer 
manufactured on or after January 1, 2011, shall 
have— 
‘‘(i) a Modified Energy Factor of at 
least 1.26; and 
‘‘(ii) a water factor of not more than 
9.5. 
‘‘(B) AMENDMENT OF STANDARDS.— 
‘‘(i) IN GENERAL.—Not later than De-
cember 31, 2011, the Secretary shall publish
185 
a final rule determining whether to amend 
the standards in effect for clothes washers 
manufactured on or after January 1, 2015. 
‘‘(ii) 
AMENDED
STANDARDS.—The 
final rule shall contain any amended stand-
ards. 
‘‘(10) RESIDENTIAL
DISHWASHERS
MANUFAC-
TURED ON OR AFTER JANUARY 1, 2010.— 
‘‘(A) IN GENERAL.—A dishwasher manufac-
tured on or after January 1, 2010, shall— 
‘‘(i) for a standard size dishwasher not 
exceed 355 kwh/year and 6.5 gallon per 
cycle; and 
‘‘(ii) for a compact size dishwasher not 
exceed 260 kwh/year and 4.5 gallons per 
cycle. 
‘‘(B) AMENDMENT OF STANDARDS.— 
‘‘(i) IN GENERAL.—Not later than Jan-
uary 1, 2015, the Secretary shall publish a 
final rule determining whether to amend the 
standards for dishwashers manufactured on 
or after January 1, 2018. 
‘‘(ii) 
AMENDED
STANDARDS.—The 
final rule shall contain any amended stand-
ards.’’.
186 
(3) REFRIGERATORS
AND
FREEZERS.—Section 
325(b) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(b)) is amended by adding at the end the 
following: 
‘‘(4) REFRIGERATORS AND FREEZERS MANUFAC-
TURED ON OR AFTER JANUARY 1, 2014.— 
‘‘(A) IN GENERAL.—Not later than Decem-
ber 31, 2010, the Secretary shall publish a final 
rule determining whether to amend the stand-
ards in effect for refrigerators, refrigerator-freez-
ers, and freezers manufactured on or after Janu-
ary 1, 2014. 
‘‘(B) AMENDED
STANDARDS.—The final 
rule shall contain any amended standards.’’. 
(b) ENERGY STAR.—Section 324A(d)(2) of the Energy 
Policy and Conservation Act (42 U.S.C. 6294a(d)(2)) is 
amended by striking ‘‘January 1, 2010’’ and inserting 
‘‘July 1, 2009’’. 
SEC. 312. WALK-IN COOLERS AND WALK-IN FREEZERS. 
(a) DEFINITIONS.—Section 340 of the Energy Policy 
and Conservation Act (42 U.S.C. 6311) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraphs (G) 
through (K) as subparagraphs (H) through (L), 
respectively; and
187 
(B) by inserting after subparagraph (F) the 
following: 
‘‘(G) Walk-in coolers and walk-in freezers.’’; 
(2) by redesignating paragraphs (20) and (21) 
as paragraphs (21) and (22), respectively; and 
(3) by inserting after paragraph (19) the fol-
lowing: 
‘‘(20) WALK-IN COOLER; WALK-IN FREEZER.— 
‘‘(A) IN
GENERAL.—The terms ‘walk-in 
cooler’ and ‘walk-in freezer’ mean an enclosed 
storage space refrigerated to temperatures, re-
spectively, above, and at or below 32 degrees 
Fahrenheit that can be walked into, and has a 
total chilled storage area of less than 3,000 
square feet. 
‘‘(B) EXCLUSION.—The terms ‘walk-in cool-
er’ and ‘walk-in freezer’ do not include products 
designed and marketed exclusively for medical, 
scientific, or research purposes.’’. 
(b) STANDARDS.—Section 342 of the Energy Policy 
and Conservation Act (42 U.S.C. 6313) is amended by add-
ing at the end the following: 
‘‘(f) WALK-IN COOLERS AND WALK-IN FREEZERS.—
188 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
through (5), each walk-in cooler or walk-in freezer 
manufactured on or after January 1, 2009, shall— 
‘‘(A) have automatic door closers that firm-
ly close all walk-in doors that have been closed 
to within 1 inch of full closure, except that this 
subparagraph shall not apply to doors wider 
than 3 feet 9 inches or taller than 7 feet; 
‘‘(B) have strip doors, spring hinged doors, 
or other method of minimizing infiltration when 
doors are open; 
‘‘(C) contain wall, ceiling, and door insula-
tion of at least R–25 for coolers and R–32 for 
freezers, except that this subparagraph shall not 
apply to glazed portions of doors nor to struc-
tural members; 
‘‘(D) contain floor insulation of at least R– 
28 for freezers; 
‘‘(E) for evaporator fan motors of under 1 
horsepower and less than 460 volts, use— 
‘‘(i) electronically commutated motors 
(brushless direct current motors); or 
‘‘(ii) 3-phase motors; 
‘‘(F) for condenser fan motors of under 1 
horsepower, use—
189 
‘‘(i) electronically commutated motors; 
‘‘(ii) permanent split capacitor-type 
motors; or 
‘‘(iii) 3-phase motors; and 
‘‘(G) for all interior lights, use light sources 
with an efficacy of 40 lumens per watt or more, 
including ballast losses (if any), except that light 
sources with an efficacy of 40 lumens per watt 
or less, including ballast losses (if any), may be 
used in conjunction with a timer or device that 
turns off the lights within 15 minutes of when 
the walk-in cooler or walk-in freezer is not occu-
pied by people. 
‘‘(2) ELECTRONICALLY COMMUTATED MOTORS.— 
‘‘(A) IN
GENERAL.—The requirements of 
paragraph (1)(E)(i) for electronically com-
mutated motors shall take effect January 1, 
2009, unless, prior to that date, the Secretary de-
termines that such motors are only available 
from 1 manufacturer. 
‘‘(B) OTHER TYPES OF MOTORS.—In car-
rying out paragraph (1)(E)(i) and subpara-
graph (A), the Secretary may allow other types 
of motors if the Secretary determines that, on av-
erage, those other motors use no more energy in
190 
evaporator fan applications than electronically 
commutated motors. 
‘‘(C) 
MAXIMUM
ENERGY
CONSUMPTION 
LEVEL.—The Secretary shall establish the max-
imum energy consumption level under subpara-
graph (B) not later than January 1, 2010. 
‘‘(3) ADDITIONAL SPECIFICATIONS.—Each walk- 
in cooler or walk-in freezer with transparent reach-in 
doors manufactured on or after January 1, 2009, 
shall also meet the following specifications: 
‘‘(A) Transparent reach-in doors for walk- 
in freezers and windows in walk-in freezer doors 
shall be of triple-pane glass with either heat-re-
flective treated glass or gas fill. 
‘‘(B) Transparent reach-in doors for walk- 
in coolers and windows in walk-in cooler doors 
shall be— 
‘‘(i) double-pane glass with heat-reflec-
tive treated glass and gas fill; or 
‘‘(ii) triple-pane glass with either heat- 
reflective treated glass or gas fill. 
‘‘(C) If the appliance has an antisweat 
heater without antisweat heat controls, the appli-
ance shall have a total door rail, glass, and 
frame heater power draw of not more than 7.1
191 
watts per square foot of door opening (for freez-
ers) and 3.0 watts per square foot of door open-
ing (for coolers). 
‘‘(D) If the appliance has an antisweat 
heater with antisweat heat controls, and the total 
door rail, glass, and frame heater power draw is 
more than 7.1 watts per square foot of door 
opening (for freezers) and 3.0 watts per square 
foot of door opening (for coolers), the antisweat 
heat controls shall reduce the energy use of the 
antisweat heater in a quantity corresponding to 
the relative humidity in the air outside the door 
or to the condensation on the inner glass pane. 
‘‘(4) PERFORMANCE-BASED STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than January 
1, 2012, the Secretary shall publish performance- 
based standards for walk-in coolers and walk-in 
freezers that achieve the maximum improvement 
in energy that the Secretary determines is tech-
nologically feasible and economically justified. 
‘‘(B) APPLICATION.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), the standards shall apply to 
products described in subparagraph (A) 
that are manufactured beginning on the
192 
date that is 3 years after the final rule is 
published. 
‘‘(ii) DELAYED
EFFECTIVE
DATE.—If 
the Secretary determines, by rule, that a 3- 
year period is inadequate, the Secretary 
may establish an effective date for products 
manufactured beginning on the date that is 
not more than 5 years after the date of pub-
lication of a final rule for the products. 
‘‘(5) AMENDMENT OF STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than January 
1, 2020, the Secretary shall publish a final rule 
to determine if the standards established under 
paragraph (4) should be amended. 
‘‘(B) APPLICATION.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), the rule shall provide that the 
standards shall apply to products manufac-
tured beginning on the date that is 3 years 
after the final rule is published. 
‘‘(ii) DELAYED
EFFECTIVE
DATE.—If 
the Secretary determines, by rule, that a 3- 
year period is inadequate, the Secretary 
may establish an effective date for products 
manufactured beginning on the date that is
193 
not more than 5 years after the date of pub-
lication of a final rule for the products.’’. 
(c) TEST PROCEDURES.—Section 343(a) of the Energy 
Policy and Conservation Act (42 U.S.C. 6314(a)) is amend-
ed by adding at the end the following: 
‘‘(9) WALK-IN
COOLERS
AND
WALK-IN
FREEZ-
ERS.— 
‘‘(A) IN GENERAL.—For the purpose of test 
procedures for walk-in coolers and walk-in freez-
ers: 
‘‘(i) The R value shall be the 1/K factor 
multiplied by the thickness of the panel. 
‘‘(ii) The K factor shall be based on 
ASTM test procedure C518-2004. 
‘‘(iii) For calculating the R value for 
freezers, the K factor of the foam at 20°F 
(average foam temperature) shall be used. 
‘‘(iv) For calculating the R value for 
coolers, the K factor of the foam at 55°F 
(average foam temperature) shall be used. 
‘‘(B) TEST PROCEDURE.— 
‘‘(i) IN GENERAL.—Not later than Jan-
uary 1, 2010, the Secretary shall establish 
a test procedure to measure the energy-use 
of walk-in coolers and walk-in freezers.
194 
‘‘(ii) COMPUTER MODELING.—The test 
procedure may be based on computer mod-
eling, if the computer model or models have 
been verified using the results of laboratory 
tests on a significant sample of walk-in 
coolers and walk-in freezers.’’. 
(d) LABELING.—Section 344(e) of the Energy Policy 
and Conservation Act (42 U.S.C. 6315(e)) is amended by 
inserting ‘‘walk-in coolers and walk-in freezers,’’ after 
‘‘commercial clothes washers,’’ each place it appears. 
(e) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND 
PREEMPTION.—Section 345 of the Energy Policy and Con-
servation Act (42 U.S.C. 6316) is amended— 
(1) by striking ‘‘subparagraphs (B), (C), (D), 
(E), and (F)’’ each place it appears and inserting 
‘‘subparagraphs (B) through (G)’’; and 
(2) by adding at the end the following: 
‘‘(h) WALK-IN COOLERS AND WALK-IN FREEZERS.— 
‘‘(1) COVERED TYPES.— 
‘‘(A) RELATIONSHIP TO OTHER LAW.— 
‘‘(i) IN GENERAL.—Except as otherwise 
provided in this subsection, section 327 
shall apply to walk-in coolers and walk-in 
freezers for which standards have been es-
tablished under paragraphs (1), (2), and (3)
195 
of section 342(f) to the same extent and in 
the same manner as the section applies 
under part A on the date of enactment of 
this subsection. 
‘‘(ii) STATE
STANDARDS.—Any State 
standard prescribed before the date of enact-
ment of this subsection shall not be pre-
empted until the standards established 
under paragraphs (1) and (2) of section 
342(f) take effect. 
‘‘(B) ADMINISTRATION.—In applying sec-
tion 327 to equipment under subparagraph (A), 
paragraphs (1), (2), and (3) of subsection (a) 
shall apply. 
‘‘(2) FINAL RULE NOT TIMELY.— 
‘‘(A) IN GENERAL.—If the Secretary does 
not issue a final rule for a specific type of walk- 
in cooler or walk-in freezer within the time 
frame established under paragraph (4) or (5) of 
section 342(f), subsections (b) and (c) of section 
327 shall no longer apply to the specific type of 
walk-in cooler or walk-in freezer during the pe-
riod— 
‘‘(i) beginning on the day after the 
scheduled date for a final rule; and
196 
‘‘(ii) ending on the date on which the 
Secretary publishes a final rule covering the 
specific type of walk-in cooler or walk-in 
freezer. 
‘‘(B) STATE STANDARDS.—Any State stand-
ard issued before the publication of the final rule 
shall not be preempted until the standards estab-
lished in the final rule take effect. 
‘‘(3) CALIFORNIA.—Any standard issued in the 
State of California before January 1, 2011, under 
title 20 of the California Code of Regulations, that re-
fers to walk-in coolers and walk-in freezers, for which 
standards have been established under paragraphs 
(1), (2), and (3) of section 342(f), shall not be pre-
empted until the standards established under section 
342(f)(3) take effect.’’. 
SEC. 313. ELECTRIC MOTOR EFFICIENCY STANDARDS. 
(a) DEFINITIONS.—Section 340(13) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6311(13)) is amend-
ed— 
(1) by redesignating subparagraphs (B) through 
(H) as subparagraphs (C) through (I), respectively; 
and
197 
(2) by striking ‘‘(13)(A)’’ and all that follows 
through the end of subparagraph (A) and inserting 
the following: 
‘‘(13) ELECTRIC MOTOR.— 
‘‘(A) GENERAL PURPOSE ELECTRIC MOTOR 
(SUBTYPE I).—The term ‘general purpose electric 
motor (subtype I)’ means any motor that meets 
the definition of ‘General Purpose’ as established 
in the final rule issued by the Department of 
Energy entitled ‘Energy Efficiency Program for 
Certain Commercial and Industrial Equipment: 
Test Procedures, Labeling, and Certification Re-
quirements for Electric Motors’ (10 C.F.R. 431), 
as in effect on the date of enactment of the En-
ergy Independence and Security Act of 2007. 
‘‘(B) GENERAL PURPOSE ELECTRIC MOTOR 
(SUBTYPE II).—The term ‘general purpose elec-
tric motor (subtype II)’ means motors incor-
porating the design elements of a general purpose 
electric motor (subtype I) that are configured as 
1 of the following: 
‘‘(i) A U-Frame Motor. 
‘‘(ii) A Design C Motor. 
‘‘(iii) A close-coupled pump motor. 
‘‘(iv) A Footless motor.
198 
‘‘(v) A vertical solid shaft normal 
thrust motor (as tested in a horizontal con-
figuration). 
‘‘(vi) An 8-pole motor (900 rpm). 
‘‘(vii) A poly-phase motor with voltage 
of not more than 600 volts (other than 230 
or 460 volts.’’. 
(b) STANDARDS.— 
(1) AMENDMENT.—Section 342(b) of the Energy 
Policy and Conservation Act (42 U.S.C. 6313(b)) is 
amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and 
(B) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ELECTRIC MOTORS.— 
‘‘(A) GENERAL PURPOSE ELECTRIC MOTORS 
(SUBTYPE I).—Except as provided in subpara-
graph (B), each general purpose electric motor 
(subtype I) with a power rating of 1 horsepower 
or greater, but not greater than 200 horsepower, 
manufactured (alone or as a component of an-
other piece of equipment) after the 3-year period 
beginning on the date of enactment of the Energy 
Independence and Security Act of 2007, shall
199 
have a nominal full load efficiency that is not 
less than as defined in NEMA MG–1 (2006) 
Table 12–12. 
‘‘(B) FIRE PUMP MOTORS.—Each fire pump 
motor manufactured (alone or as a component of 
another piece of equipment) after the 3-year pe-
riod beginning on the date of enactment of the 
Energy Independence and Security Act of 2007 
shall have nominal full load efficiency that is not 
less than as defined in NEMA MG–1 (2006) 
Table 12–11. 
‘‘(C) GENERAL PURPOSE ELECTRIC MOTORS 
(SUBTYPE
II).—Each general purpose electric 
motor (subtype II) with a power rating of 1 
horsepower or greater, but not greater than 200 
horsepower, manufactured (alone or as a compo-
nent of another piece of equipment) after the 3- 
year period beginning on the date of enactment 
of the Energy Independence and Security Act of 
2007, shall have a nominal full load efficiency 
that is not less than as defined in NEMA MG– 
1 (2006) Table 12–11. 
‘‘(D) NEMA DESIGN B, GENERAL PURPOSE 
ELECTRIC
MOTORS.—Each NEMA Design B, 
general purpose electric motor with a power rat-
200 
ing of more than 200 horsepower, but not greater 
than 500 horsepower, manufactured (alone or as 
a component of another piece of equipment) after 
the 3-year period beginning on the date of enact-
ment of the Energy Independence and Security 
Act of 2007, shall have a nominal full load effi-
ciency that is not less than as defined in NEMA 
MG–1 (2006) Table 12–11.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) take effect on the date that is 3 
years after the date of enactment of this Act. 
SEC. 314. STANDARDS FOR SINGLE PACKAGE VERTICAL AIR 
CONDITIONERS AND HEAT PUMPS. 
(a) DEFINITIONS.—Section 340 of the Energy Policy 
and Conservation Act (42 U.S.C. 6311) is amended by add-
ing at the end the following: 
‘‘(22) SINGLE
PACKAGE
VERTICAL
AIR
CONDI-
TIONER.—The term ‘single package vertical air condi-
tioner’ means air-cooled commercial package air con-
ditioning and heating equipment that— 
‘‘(A) is factory-assembled as a single pack-
age that— 
‘‘(i) has major components that are ar-
ranged vertically;
201 
‘‘(ii) is an encased combination of cool-
ing and optional heating components; and 
‘‘(iii) is intended for exterior mounting 
on, adjacent interior to, or through an out-
side wall; 
‘‘(B) is powered by a single- or 3-phase cur-
rent; 
‘‘(C) may contain 1 or more separate in-
door grilles, outdoor louvers, various ventilation 
options, indoor free air discharges, ductwork, 
well plenum, or sleeves; and 
‘‘(D) has heating components that may in-
clude electrical resistance, steam, hot water, or 
gas, but may not include reverse cycle refrigera-
tion as a heating means. 
‘‘(23) SINGLE PACKAGE VERTICAL HEAT PUMP.— 
The term ‘single package vertical heat pump’ means 
a single package vertical air conditioner that— 
‘‘(A) uses reverse cycle refrigeration as its 
primary heat source; and 
‘‘(B) may include secondary supplemental 
heating by means of electrical resistance, steam, 
hot water, or gas.’’. 
(b) STANDARDS.—Section 342(a) of the Energy Policy 
and Conservation Act (42 U.S.C. 6313(a)) is amended—
202 
(1) in the first sentence of each of paragraphs (1) 
and (2), by inserting ‘‘(including single package 
vertical air conditioners and single package vertical 
heat pumps)’’ after ‘‘heating equipment’’ each place it 
appears; 
(2) in paragraph (1), by striking ‘‘but before 
January 1, 2010,’’; 
(3) in the first sentence of each of paragraphs 
(7), (8), and (9), by inserting ‘‘(other than single 
package vertical air conditioners and single package 
vertical heat pumps)’’ after ‘‘heating equipment’’ each 
place it appears; 
(4) in paragraph (7)— 
(A) by striking ‘‘manufactured on or after 
January 1, 2010,’’; 
(B) in each of subparagraphs (A), (B), and 
(C), by striking ‘‘The’’ and inserting ‘‘For equip-
ment manufactured on or after January 1, 2010, 
the’’; and 
(C) by adding at the end the following: 
‘‘(D) For equipment manufactured on or after 
the later of January 1, 2008, or the date that is 180 
days after the date of enactment of the Energy Inde-
pendence and Security Act of 2007—
203 
‘‘(i) the minimum seasonal energy efficiency 
ratio of air-cooled 3-phase electric central air 
conditioners and central air conditioning heat 
pumps less than 65,000 Btu per hour (cooling 
capacity), split systems, shall be 13.0; 
‘‘(ii) the minimum seasonal energy effi-
ciency ratio of air-cooled 3-phase electric central 
air conditioners and central air conditioning 
heat pumps less than 65,000 Btu per hour (cool-
ing capacity), single package, shall be 13.0; 
‘‘(iii) the minimum heating seasonal per-
formance factor of air-cooled 3-phase electric cen-
tral air conditioning heat pumps less than 
65,000 Btu per hour (cooling capacity), split 
systems, shall be 7.7; and 
‘‘(iv) the minimum heating seasonal per-
formance factor of air-cooled three-phase electric 
central air conditioning heat pumps less than 
65,000 Btu per hour (cooling capacity), single 
package, shall be 7.7.’’; and 
(5) by adding at the end the following: 
‘‘(10) SINGLE
PACKAGE
VERTICAL
AIR
CONDI-
TIONERS
AND
SINGLE
PACKAGE
VERTICAL
HEAT 
PUMPS.—
204 
‘‘(A) IN GENERAL.—Single package vertical 
air conditioners and single package vertical heat 
pumps manufactured on or after January 1, 
2010, shall meet the following standards: 
‘‘(i) The minimum energy efficiency 
ratio of single package vertical air condi-
tioners less than 65,000 Btu per hour (cool-
ing capacity), single-phase, shall be 9.0. 
‘‘(ii) The minimum energy efficiency 
ratio of single package vertical air condi-
tioners less than 65,000 Btu per hour (cool-
ing capacity), three-phase, shall be 9.0. 
‘‘(iii) The minimum energy efficiency 
ratio of single package vertical air condi-
tioners at or above 65,000 Btu per hour 
(cooling capacity) but less than 135,000 Btu 
per hour (cooling capacity), shall be 8.9. 
‘‘(iv) The minimum energy efficiency 
ratio of single package vertical air condi-
tioners at or above 135,000 Btu per hour 
(cooling capacity) but less than 240,000 Btu 
per hour (cooling capacity), shall be 8.6. 
‘‘(v) The minimum energy efficiency 
ratio of single package vertical heat pumps 
less than 65,000 Btu per hour (cooling ca-
205 
pacity), single-phase, shall be 9.0 and the 
minimum coefficient of performance in the 
heating mode shall be 3.0. 
‘‘(vi) The minimum energy efficiency 
ratio of single package vertical heat pumps 
less than 65,000 Btu per hour (cooling ca-
pacity), three-phase, shall be 9.0 and the 
minimum coefficient of performance in the 
heating mode shall be 3.0. 
‘‘(vii) The minimum energy efficiency 
ratio of single package vertical heat pumps 
at or above 65,000 Btu per hour (cooling 
capacity) but less than 135,000 Btu per 
hour (cooling capacity), shall be 8.9 and the 
minimum coefficient of performance in the 
heating mode shall be 3.0. 
‘‘(viii) The minimum energy efficiency 
ratio of single package vertical heat pumps 
at or above 135,000 Btu per hour (cooling 
capacity) but less than 240,000 Btu per 
hour (cooling capacity), shall be 8.6 and the 
minimum coefficient of performance in the 
heating mode shall be 2.9. 
‘‘(B) REVIEW.—Not later than 3 years after 
the date of enactment of this paragraph, the Sec-
206 
retary shall review the most recently published 
ASHRAE/IES Standard 90.1 with respect to 
single package vertical air conditioners and sin-
gle package vertical heat pumps in accordance 
with the procedures established under paragraph 
(6).’’. 
SEC. 315. IMPROVED ENERGY EFFICIENCY FOR APPLIANCES 
AND BUILDINGS IN COLD CLIMATES. 
(a) RESEARCH.—Section 911(a)(2) of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16191(a)(2)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(E) technologies to improve the energy effi-
ciency of appliances and mechanical systems for 
buildings in cold climates, including combined 
heat and power units and increased use of re-
newable resources, including fuel.’’. 
(b) REBATES.—Section 124 of the Energy Policy Act 
of 2005 (42 U.S.C. 15821) is amended— 
(1) in subsection (b)(1), by inserting ‘‘, or prod-
ucts with improved energy efficiency in cold cli-
mates,’’ after ‘‘residential Energy Star products’’; and
207 
(2) in subsection (e), by inserting ‘‘or product 
with improved energy efficiency in a cold climate’’ 
after ‘‘residential Energy Star product’’ each place it 
appears. 
SEC. 316. TECHNICAL CORRECTIONS. 
(a) DEFINITION OF F96T12 LAMP.— 
(1) IN GENERAL.—Section 135(a)(1)(A)(ii) of the 
Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 
624) 
is 
amended 
by 
striking 
‘‘C78.1– 
1978(R1984)’’ and inserting ‘‘C78.3–1978(R1984)’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) takes effect on August 8, 2005. 
(b) DEFINITION
OF FLUORESCENT LAMP.—Section 
321(30)(B)(viii) of the Energy Policy and Conservation Act 
(42 U.S.C. 6291(30)(B)(viii)) is amended by striking ‘‘82’’ 
and inserting ‘‘87’’. 
(c) MERCURY VAPOR LAMP BALLASTS.— 
(1) DEFINITIONS.—Section 321 of the Energy 
Policy and Conservation Act (42 U.S.C. 6291) (as 
amended by section 301(a)(2)) is amended— 
(A) by striking paragraphs (46) through 
(48) and inserting the following: 
‘‘(46) HIGH INTENSITY DISCHARGE LAMP.—
208 
‘‘(A) IN GENERAL.—The term ‘high inten-
sity discharge lamp’ means an electric-discharge 
lamp in which— 
‘‘(i) the light-producing arc is sta-
bilized by the arc tube wall temperature; 
and 
‘‘(ii) the arc tube wall loading is in ex-
cess of 3 Watts/cm2. 
‘‘(B) INCLUSIONS.—The term ‘high inten-
sity discharge lamp’ includes mercury vapor, 
metal halide, and high-pressure sodium lamps 
described in subparagraph (A). 
‘‘(47) MERCURY VAPOR LAMP.— 
‘‘(A) IN
GENERAL.—The term ‘mercury 
vapor lamp’ means a high intensity discharge 
lamp in which the major portion of the light is 
produced by radiation from mercury typically 
operating at a partial vapor pressure in excess 
of 100,000 Pa (approximately 1 atm). 
‘‘(B) 
INCLUSIONS.—The 
term 
‘mercury 
vapor lamp’ includes clear, phosphor-coated, and 
self-ballasted screw base lamps described in sub-
paragraph (A). 
‘‘(48) MERCURY
VAPOR
LAMP
BALLAST.—The 
term ‘mercury vapor lamp ballast’ means a device
209 
that is designed and marketed to start and operate 
mercury vapor lamps intended for general illumina-
tion by providing the necessary voltage and current.’’; 
and 
(B) by adding at the end the following: 
‘‘(53) SPECIALTY APPLICATION MERCURY VAPOR 
LAMP
BALLAST.—The term ‘specialty application 
mercury vapor lamp ballast’ means a mercury vapor 
lamp ballast that— 
‘‘(A) is designed and marketed for operation 
of mercury vapor lamps used in quality inspec-
tion, industrial processing, or scientific use, in-
cluding fluorescent microscopy and ultraviolet 
curing; and 
‘‘(B) in the case of a specialty application 
mercury vapor lamp ballast, the label of which— 
‘‘(i) provides that the specialty appli-
cation mercury vapor lamp ballast is ‘For 
specialty applications only, not for general 
illumination’; and 
‘‘(ii) specifies the specific applications 
for which the ballast is designed.’’. 
(2) STANDARD
SETTING
AUTHORITY.—Section 
325(ee) of the Energy Policy and Conservation Act 
(42 U.S.C. 6295(ee)) is amended by inserting ‘‘(other
210 
than specialty application mercury vapor lamp bal-
lasts)’’ after ‘‘ballasts’’. 
(d) ENERGY
CONSERVATION
STANDARDS.—Section 
325 of the Energy Policy and Conservation Act (42 U.S.C. 
6295) is amended— 
(1) in subsection (v)— 
(A) in the subsection heading, by striking 
‘‘CEILING FANS AND’’; 
(B) by striking paragraph (1); and 
(C) 
by 
redesignating 
paragraphs 
(2) 
through (4) as paragraphs (1) through (3), re-
spectively; and 
(2) in subsection (ff)— 
(A) in paragraph (1)(A)— 
(i) by striking clause (iii); 
(ii) by redesignating clause (iv) as 
clause (iii); and 
(iii) in clause (iii)(II) (as so redesig-
nated), by inserting ‘‘fans sold for’’ before 
‘‘outdoor’’; and 
(B) in paragraph (4)(C)— 
(i) in the matter preceding clause (i), 
by striking ‘‘subparagraph (B)’’ and insert-
ing ‘‘subparagraph (A)’’; and
211 
(ii) by striking clause (ii) and insert-
ing the following: 
‘‘(ii) shall be packaged with lamps to fill all 
sockets.’’; 
(C) in paragraph (6), by redesignating sub-
paragraphs (C) and (D) as clauses (i) and (ii), 
respectively, of subparagraph (B); and 
(D) in paragraph (7), by striking ‘‘327’’ the 
second place it appears and inserting ‘‘324’’. 
Subtitle B—Lighting Energy 
Efficiency 
SEC. 321. EFFICIENT LIGHT BULBS. 
(a) ENERGY EFFICIENCY STANDARDS FOR GENERAL 
SERVICE INCANDESCENT LAMPS.— 
(1) DEFINITION
OF
GENERAL
SERVICE
INCAN-
DESCENT LAMP.—Section 321(30) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6291(30)) is 
amended— 
(A) by striking subparagraph (D) and in-
serting the following: 
‘‘(D) GENERAL
SERVICE
INCANDESCENT 
LAMP.— 
‘‘(i) IN GENERAL.—The term ‘general 
service incandescent lamp’ means a stand-
212 
ard incandescent or halogen type lamp 
that— 
‘‘(I) is intended for general service 
applications; 
‘‘(II) has a medium screw base; 
‘‘(III) has a lumen range of not 
less than 310 lumens and not more 
than 2,600 lumens; and 
‘‘(IV) is capable of being operated 
at a voltage range at least partially 
within 110 and 130 volts. 
‘‘(ii) EXCLUSIONS.—The term ‘general 
service incandescent lamp’ does not include 
the following incandescent lamps: 
‘‘(I) An appliance lamp. 
‘‘(II) A black light lamp. 
‘‘(III) A bug lamp. 
‘‘(IV) A colored lamp. 
‘‘(V) An infrared lamp. 
‘‘(VI) A left-hand thread lamp. 
‘‘(VII) A marine lamp. 
‘‘(VIII) A marine signal service 
lamp. 
‘‘(IX) A mine service lamp. 
‘‘(X) A plant light lamp.
213 
‘‘(XI) A reflector lamp. 
‘‘(XII) A rough service lamp. 
‘‘(XIII) A shatter-resistant lamp 
(including a shatter-proof lamp and a 
shatter-protected lamp). 
‘‘(XIV) A sign service lamp. 
‘‘(XV) A silver bowl lamp. 
‘‘(XVI) A showcase lamp. 
‘‘(XVII) A 3-way incandescent 
lamp. 
‘‘(XVIII) A traffic signal lamp. 
‘‘(XIX) A vibration service lamp. 
‘‘(XX) A G shape lamp (as de-
fined in ANSI C78.20–2003 and 
C79.1–2002 with a diameter of 5 
inches or more. 
‘‘(XXI) A T shape lamp (as de-
fined in ANSI C78.20–2003 and 
C79.1–2002) and that uses not more 
than 40 watts or has a length of more 
than 10 inches. 
‘‘(XXII) A B, BA, CA, F, G16–1/ 
2, G–25, G30, S, or M–14 lamp (as de-
fined in ANSI C79.1–2002 and ANSI 
C78.20-2003) of 40 watts or less.’’; and
214 
(B) by adding at the end the following: 
‘‘(T) APPLIANCE LAMP.—The term ‘appli-
ance lamp’ means any lamp that— 
‘‘(i) is specifically designed to operate 
in a household appliance, has a maximum 
wattage of 40 watts, and is sold at retail, 
including an oven lamp, refrigerator lamp, 
and vacuum cleaner lamp; and 
‘‘(ii) is designated and marketed for 
the intended application, with— 
‘‘(I) the designation on the lamp 
packaging; and 
‘‘(II) marketing materials that 
identify the lamp as being for appli-
ance use. 
‘‘(U) CANDELABRA
BASE
INCANDESCENT 
LAMP.—The term ‘candelabra base incandescent 
lamp’ means a lamp that uses candelabra screw 
base as described in ANSI C81.61–2006, Speci-
fications for Electric Bases, common designa-
tions E11 and E12. 
‘‘(V) INTERMEDIATE
BASE
INCANDESCENT 
LAMP.—The term ‘intermediate base incandes-
cent lamp’ means a lamp that uses an inter-
mediate screw base as described in ANSI
215 
C81.61–2006, Specifications for Electric Bases, 
common designation E17. 
‘‘(W) MODIFIED
SPECTRUM.—The term 
‘modified spectrum’ means, with respect to an 
incandescent lamp, an incandescent lamp that— 
‘‘(i) is not a colored incandescent 
lamp; and 
‘‘(ii) when operated at the rated volt-
age and wattage of the incandescent lamp— 
‘‘(I) has a color point with (x,y) 
chromaticity coordinates on the Com-
mission Internationale de l’Eclairage 
(C.I.E.) 1931 chromaticity diagram 
that lies below the black-body locus; 
and 
‘‘(II) has a color point with (x,y) 
chromaticity coordinates on the C.I.E. 
1931 chromaticity diagram that lies at 
least 4 MacAdam steps (as referenced 
in IESNA LM16) distant from the 
color point of a clear lamp with the 
same filament and bulb shape, oper-
ated at the same rated voltage and 
wattage.
216 
‘‘(X) ROUGH
SERVICE
LAMP.—The term 
‘rough service lamp’ means a lamp that— 
‘‘(i) has a minimum of 5 supports 
with filament configurations that are C–7A, 
C–11, C–17, and C–22 as listed in Figure 
6–12 of the 9th edition of the IESNA Light-
ing handbook, or similar configurations 
where lead wires are not counted as sup-
ports; and 
‘‘(ii) is designated and marketed spe-
cifically for ‘rough service’ applications, 
with— 
‘‘(I) the designation appearing on 
the lamp packaging; and 
‘‘(II) marketing materials that 
identify the lamp as being for rough 
service. 
‘‘(Y) 3-WAY
INCANDESCENT
LAMP.—The 
term ‘3-way incandescent lamp’ includes an in-
candescent lamp that— 
‘‘(i) employs 2 filaments, operated sep-
arately and in combination, to provide 3 
light levels; and
217 
‘‘(ii) is designated on the lamp pack-
aging and marketing materials as being a 
3-way incandescent lamp. 
‘‘(Z) SHATTER-RESISTANT LAMP, SHATTER- 
PROOF LAMP, OR SHATTER-PROTECTED LAMP.— 
The terms ‘shatter-resistant lamp’, ‘shatter-proof 
lamp’, and ‘shatter-protected lamp’ mean a lamp 
that— 
‘‘(i) has a coating or equivalent tech-
nology that is compliant with NSF/ANSI 
51 and is designed to contain the glass if 
the glass envelope of the lamp is broken; and 
‘‘(ii) is designated and marketed for 
the intended application, with— 
‘‘(I) the designation on the lamp 
packaging; and 
‘‘(II) marketing materials that 
identify the lamp as being shatter-re-
sistant, shatter-proof, or shatter-pro-
tected. 
‘‘(AA) VIBRATION
SERVICE
LAMP.—The 
term ‘vibration service lamp’ means a lamp 
that— 
‘‘(i) has filament configurations that 
are C–5, C–7A, or C–9, as listed in Figure
218 
6–12 of the 9th Edition of the IESNA 
Lighting Handbook or similar configura-
tions; 
‘‘(ii) has a maximum wattage of 60 
watts; 
‘‘(iii) is sold at retail in packages of 2 
lamps or less; and 
‘‘(iv) is designated and marketed spe-
cifically for vibration service or vibration- 
resistant applications, with— 
‘‘(I) the designation appearing on 
the lamp packaging; and 
‘‘(II) marketing materials that 
identify the lamp as being vibration 
service only. 
‘‘(BB) GENERAL SERVICE LAMP.— 
‘‘(i) IN GENERAL.—The term ‘general 
service lamp’ includes— 
‘‘(I) general service incandescent 
lamps; 
‘‘(II) compact fluorescent lamps; 
‘‘(III) general service light-emit-
ting diode (LED or OLED) lamps; 
and
219 
‘‘(IV) any other lamps that the 
Secretary determines are used to sat-
isfy lighting applications traditionally 
served by general service incandescent 
lamps. 
‘‘(ii) EXCLUSIONS.—The term ‘general 
service lamp’ does not include— 
‘‘(I) any lighting application or 
bulb shape described in any of sub-
clauses (I) through (XXII) of subpara-
graph (D)(ii); or 
‘‘(II) any general service fluores-
cent lamp or incandescent reflector 
lamp. 
‘‘(CC) LIGHT-EMITTING DIODE; LED.— 
‘‘(i) IN
GENERAL.—The terms ‘light- 
emitting diode’ and ‘LED’ means a p–n 
junction solid state device the radiated out-
put of which is a function of the physical 
construction, material used, and exciting 
current of the device. 
‘‘(ii) OUTPUT.—The output of a light- 
emitting diode may be in— 
‘‘(I) the infrared region; 
‘‘(II) the visible region; or
220 
‘‘(III) the ultraviolet region. 
‘‘(DD) ORGANIC
LIGHT-EMITTING
DIODE; 
OLED.—The terms ‘organic light-emitting diode’ 
and ‘OLED’ mean a thin-film light-emitting de-
vice that typically consists of a series of organic 
layers between 2 electrical contacts (electrodes). 
‘‘(EE) COLORED
INCANDESCENT
LAMP.— 
The term ‘colored incandescent lamp’ means an 
incandescent lamp designated and marketed as a 
colored lamp that has— 
‘‘(i) a color rendering index of less 
than 50, as determined according to the test 
method given in C.I.E. publication 13.3– 
1995; or 
‘‘(ii) a correlated color temperature of 
less than 2,500K, or greater than 4,600K, 
where correlated temperature is computed 
according to the Journal of Optical Society 
of America, Vol. 58, pages 1528–1595 
(1986).’’. 
(2) COVERAGE.—Section 322(a)(14) of the En-
ergy Policy and Conservation Act (42 U.S.C. 
6292(a)(14)) is amended by inserting ‘‘, general serv-
ice incandescent lamps,’’ after ‘‘fluorescent lamps’’.
221 
(3) ENERGY
CONSERVATION
STANDARDS.—Sec-
tion 325 of the Energy Policy and Conservation Act 
(42 U.S.C. 6295) is amended— 
(A) in subsection (i)— 
(i) in the section heading, by inserting 
‘‘, 
GENERAL
SERVICE
INCANDESCENT 
LAMPS, INTERMEDIATE BASE INCANDES-
CENT LAMPS, CANDELABRA BASE INCAN-
DESCENT
LAMPS,’’ after ‘‘FLUORESCENT 
LAMPS’’; 
(ii) in paragraph (1)— 
(I) in subparagraph (A)— 
(aa) by inserting ‘‘, general 
service incandescent lamps, inter-
mediate base incandescent lamps, 
candelabra 
base 
incandescent 
lamps,’’ after ‘‘fluorescent lamps’’; 
(bb) by inserting ‘‘, new 
maximum wattage,’’ after ‘‘lamp 
efficacy’’; and 
(cc) by inserting after the 
table entitled ‘‘INCANDESCENT RE-
FLECTOR LAMPS’’ the following:
222 
‘‘GENERAL SERVICE INCANDESCENT LAMPS 
Rated Lumen Ranges 
Maximum Rate 
Wattage 
Minimum 
Rate Life-
time 
Effective 
Date 
1490–2600 
1,000 hrs 
1/1/2012 
1050–1489 
1,000 hrs 
1/1/2013 
750–1049 
1,000 hrs 
1/1/2014 
310–749 
1,000 hrs 
1/1/2014 
‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS 
Rated Lumen Ranges 
Maximum Rate 
Wattage 
Minimum 
Rate Life-
time 
Effective 
Date 
1118–1950 
1,000 hrs 
1/1/2012
788–1117 
1,000 hrs 
1/1/2013
563–787 
1,000 hrs 
1/1/2014
232–562 
1,000 hrs 
1/1/2014’’; 
and 
(II) by striking subparagraph (B) 
and inserting the following: 
‘‘(B) APPLICATION.— 
‘‘(i) 
APPLICATION
CRITERIA.—This 
subparagraph applies to each lamp that— 
‘‘(I) is intended for a general 
service or general illumination appli-
cation (whether incandescent or not); 
‘‘(II) has a medium screw base or 
any other screw base not defined in 
ANSI C81.61–2006; 
‘‘(III) is capable of being operated 
at a voltage at least partially within 
the range of 110 to 130 volts; and
223 
‘‘(IV) is manufactured or im-
ported after December 31, 2011. 
‘‘(ii) REQUIREMENT.—For purposes of 
this paragraph, each lamp described in 
clause (i) shall have a color rendering index 
that is greater than or equal to— 
‘‘(I) 80 for nonmodified spectrum 
lamps; or 
‘‘(II) 75 for modified spectrum 
lamps. 
‘‘(C) CANDELABRA
INCANDESCENT
LAMPS 
AND
INTERMEDIATE
BASE
INCANDESCENT 
LAMPS.— 
‘‘(i) CANDELABRA BASE INCANDESCENT 
LAMPS.—A candelabra base incandescent 
lamp shall not exceed 60 rated watts. 
‘‘(ii) INTERMEDIATE BASE INCANDES-
CENT LAMPS.—An intermediate base incan-
descent lamp shall not exceed 40 rated 
watts. 
‘‘(D) EXEMPTIONS.— 
‘‘(i) PETITION.—Any person may peti-
tion the Secretary for an exemption for a 
type of general service lamp from the re-
quirements of this subsection.
224 
‘‘(ii) CRITERIA.—The Secretary may 
grant an exemption under clause (i) only to 
the extent that the Secretary finds, after a 
hearing and opportunity for public com-
ment, that it is not technically feasible to 
serve a specialized lighting application 
(such as a military, medical, public safety, 
or certified historic lighting application) 
using a lamp that meets the requirements of 
this subsection. 
‘‘(iii) 
ADDITIONAL
CRITERION.—To 
grant an exemption for a product under 
this subparagraph, the Secretary shall in-
clude, as an additional criterion, that the 
exempted product is unlikely to be used in 
a general service lighting application. 
‘‘(E) EXTENSION OF COVERAGE.— 
‘‘(i) PETITION.—Any person may peti-
tion the Secretary to establish standards for 
lamp shapes or bases that are excluded from 
the definition of general service lamps. 
‘‘(ii) INCREASED SALES OF EXEMPTED 
LAMPS.—The petition shall include evidence 
that the availability or sales of exempted in-
candescent lamps have increased signifi-
225 
cantly since the date on which the stand-
ards on general service incandescent lamps 
were established. 
‘‘(iii) CRITERIA.—The Secretary shall 
grant a petition under clause (i) if the Sec-
retary finds that— 
‘‘(I) the petition presents evidence 
that demonstrates that commercial 
availability or sales of exempted incan-
descent lamp types have increased sig-
nificantly since the standards on gen-
eral service lamps were established and 
likely are being widely used in general 
lighting applications; and 
‘‘(II) significant energy savings 
could be achieved by covering exempted 
products, as determined by the Sec-
retary based on sales data provided to 
the Secretary from manufacturers and 
importers. 
‘‘(iv) NO PRESUMPTION.—The grant of 
a petition under this subparagraph shall 
create no presumption with respect to the 
determination of the Secretary with respect
226 
to any criteria under a rulemaking con-
ducted under this section. 
‘‘(v) EXPEDITED PROCEEDING.—If the 
Secretary grants a petition for a lamp 
shape or base under this subparagraph, the 
Secretary shall— 
‘‘(I) conduct a rulemaking to de-
termine standards for the exempted 
lamp shape or base; and 
‘‘(II) complete the rulemaking not 
later than 18 months after the date on 
which notice is provided granting the 
petition. 
‘‘(F) DEFINITION OF EFFECTIVE DATE.—In 
this paragraph, except as otherwise provided in 
a table contained in subparagraph (A), the term 
‘effective date’ means the last day of the month 
specified in the table that follows October 24, 
1992.’’; 
(iii) in paragraph (5), in the first sen-
tence, by striking ‘‘and general service in-
candescent lamps’’; 
(iv) by redesignating paragraphs (6) 
and (7) as paragraphs (7) and (8), respec-
tively; and
227 
(v) by inserting after paragraph (5) 
the following: 
‘‘(6) 
STANDARDS
FOR
GENERAL
SERVICE 
LAMPS.— 
‘‘(A) RULEMAKING
BEFORE
JANUARY
1, 
2014.— 
‘‘(i) IN GENERAL.—Not later than Jan-
uary 1, 2014, the Secretary shall initiate a 
rulemaking procedure to determine wheth-
er— 
‘‘(I) standards in effect for general 
service lamps should be amended to es-
tablish more stringent standards than 
the standards specified in paragraph 
(1)(A); and 
‘‘(II) the exemptions for certain 
incandescent lamps should be main-
tained or discontinued based, in part, 
on exempted lamp sales collected by the 
Secretary from manufacturers. 
‘‘(ii) SCOPE.—The rulemaking— 
‘‘(I) shall not be limited to incan-
descent lamp technologies; and
228 
‘‘(II) shall include consideration 
of a minimum standard of 45 lumens 
per watt for general service lamps. 
‘‘(iii) AMENDED
STANDARDS.—If the 
Secretary determines that the standards in 
effect for general service incandescent lamps 
should be amended, the Secretary shall pub-
lish a final rule not later than January 1, 
2017, with an effective date that is not ear-
lier than 3 years after the date on which the 
final rule is published. 
‘‘(iv) PHASED-IN EFFECTIVE DATES.— 
The Secretary shall consider phased-in effec-
tive dates under this subparagraph after 
considering— 
‘‘(I) the impact of any amend-
ment on manufacturers, retiring and 
repurposing 
existing 
equipment, 
stranded investments, labor contracts, 
workers, and raw materials; and 
‘‘(II) the time needed to work with 
retailers and lighting designers to re-
vise sales and marketing strategies. 
‘‘(v) BACKSTOP REQUIREMENT.—If the 
Secretary fails to complete a rulemaking in
229 
accordance with clauses (i) through (iv) or 
if the final rule does not produce savings 
that are greater than or equal to the savings 
from a minimum efficacy standard of 45 
lumens per watt, effective beginning Janu-
ary 1, 2020, the Secretary shall prohibit the 
sale of any general service lamp that does 
not meet a minimum efficacy standard of 
45 lumens per watt. 
‘‘(vi) 
STATE
PREEMPTION.—Neither 
section 327(b) nor any other provision of 
law shall preclude California or Nevada 
from adopting, effective beginning on or 
after January 1, 2018— 
‘‘(I) a final rule adopted by the 
Secretary in accordance with clauses 
(i) through (iv); 
‘‘(II) if a final rule described in 
subclause (I) has not been adopted, the 
backstop requirement under clause (v); 
or 
‘‘(III) in the case of California, if 
a final rule described in subclause (I) 
has not been adopted, any California 
regulations relating to these covered
230 
products adopted pursuant to State 
statute in effect as of the date of enact-
ment of the Energy Independence and 
Security Act of 2007. 
‘‘(B) RULEMAKING
BEFORE
JANUARY
1, 
2020.— 
‘‘(i) IN GENERAL.—Not later than Jan-
uary 1, 2020, the Secretary shall initiate a 
rulemaking procedure to determine wheth-
er— 
‘‘(I) standards in effect for general 
service incandescent lamps should be 
amended to reflect lumen ranges with 
more stringent maximum wattage than 
the standards specified in paragraph 
(1)(A); and 
‘‘(II) the exemptions for certain 
incandescent lamps should be main-
tained or discontinued based, in part, 
on exempted lamp sales data collected 
by the Secretary from manufacturers. 
‘‘(ii) SCOPE.—The rulemaking shall 
not be limited to incandescent lamp tech-
nologies.
231 
‘‘(iii) AMENDED
STANDARDS.—If the 
Secretary determines that the standards in 
effect for general service incandescent lamps 
should be amended, the Secretary shall pub-
lish a final rule not later than January 1, 
2022, with an effective date that is not ear-
lier than 3 years after the date on which the 
final rule is published. 
‘‘(iv) PHASED-IN EFFECTIVE DATES.— 
The Secretary shall consider phased-in effec-
tive dates under this subparagraph after 
considering— 
‘‘(I) the impact of any amend-
ment on manufacturers, retiring and 
repurposing 
existing 
equipment, 
stranded investments, labor contracts, 
workers, and raw materials; and 
‘‘(II) the time needed to work with 
retailers and lighting designers to re-
vise sales and marketing strategies.’’; 
and 
(B) in subsection (l), by adding at the end 
the following: 
‘‘(4) ENERGY EFFICIENCY STANDARDS FOR CER-
TAIN LAMPS.—
232 
‘‘(A) IN
GENERAL.—The Secretary shall 
prescribe an energy efficiency standard for rough 
service lamps, vibration service lamps, 3-way in-
candescent lamps, 2,601–3,300 lumen general 
service incandescent lamps, and shatter-resistant 
lamps only in accordance with this paragraph. 
‘‘(B) BENCHMARKS.—Not later than 1 year 
after the date of enactment of this paragraph, the 
Secretary, in consultation with the National 
Electrical Manufacturers Association, shall— 
‘‘(i) collect actual data for United 
States unit sales for each of calendar years 
1990 through 2006 for each of the 5 types 
of lamps described in subparagraph (A) to 
determine the historical growth rate of the 
type of lamp; and 
‘‘(ii) construct a model for each type of 
lamp based on coincident economic indica-
tors that closely match the historical annual 
growth rate of the type of lamp to provide 
a neutral comparison benchmark to model 
future unit sales after calendar year 2006. 
‘‘(C) ACTUAL SALES DATA.— 
‘‘(i) IN GENERAL.—Effective for each of 
calendar years 2010 through 2025, the Sec-
233 
retary, in consultation with the National 
Electrical 
Manufacturers 
Association, 
shall— 
‘‘(I) collect actual United States 
unit sales data for each of 5 types of 
lamps described in subparagraph (A); 
and 
‘‘(II) not later than 90 days after 
the end of each calendar year, compare 
the lamp sales in that year with the 
sales predicted by the comparison 
benchmark for each of the 5 types of 
lamps described in subparagraph (A). 
‘‘(ii) CONTINUATION OF TRACKING.— 
‘‘(I) DETERMINATION.—Not later 
than January 1, 2023, the Secretary 
shall determine if actual sales data 
should be tracked for the lamp types 
described in subparagraph (A) after 
calendar year 2025. 
‘‘(II) CONTINUATION.—If the Sec-
retary finds that the market share of a 
lamp type described in subparagraph 
(A) could significantly erode the mar-
ket share for general service lamps, the
234 
Secretary shall continue to track the 
actual sales data for the lamp type. 
‘‘(D) ROUGH SERVICE LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning 
with the first year that the reported annual 
sales rate for rough service lamps dem-
onstrates actual unit sales of rough service 
lamps that achieve levels that are at least 
100 percent higher than modeled unit sales 
for that same year, the Secretary shall— 
‘‘(I) not later than 90 days after 
the end of the previous calendar year, 
issue a finding that the index has been 
exceeded; and 
‘‘(II) not later than the date that 
is 1 year after the end of the previous 
calendar year, complete an accelerated 
rulemaking to establish an energy con-
servation standard for rough service 
lamps. 
‘‘(ii) BACKSTOP REQUIREMENT.—If the 
Secretary fails to complete an accelerated 
rulemaking in accordance with clause 
(i)(II), effective beginning 1 year after the 
date of the issuance of the finding under
235 
clause (i)(I), the Secretary shall require 
rough service lamps to— 
‘‘(I) have a shatter-proof coating 
or equivalent technology that is com-
pliant with NSF/ANSI 51 and is de-
signed to contain the glass if the glass 
envelope of the lamp is broken and to 
provide effective containment over the 
life of the lamp; 
‘‘(II) have a maximum 40-watt 
limitation; and 
‘‘(III) be sold at retail only in a 
package containing 1 lamp. 
‘‘(E) VIBRATION SERVICE LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning 
with the first year that the reported annual 
sales rate for vibration service lamps dem-
onstrates actual unit sales of vibration serv-
ice lamps that achieve levels that are at 
least 100 percent higher than modeled unit 
sales for that same year, the Secretary 
shall— 
‘‘(I) not later than 90 days after 
the end of the previous calendar year,
236 
issue a finding that the index has been 
exceeded; and 
‘‘(II) not later than the date that 
is 1 year after the end of the previous 
calendar year, complete an accelerated 
rulemaking to establish an energy con-
servation standard for vibration service 
lamps. 
‘‘(ii) BACKSTOP REQUIREMENT.—If the 
Secretary fails to complete an accelerated 
rulemaking in accordance with clause 
(i)(II), effective beginning 1 year after the 
date of the issuance of the finding under 
clause (i)(I), the Secretary shall require vi-
bration service lamps to— 
‘‘(I) have a maximum 40-watt 
limitation; and 
‘‘(II) be sold at retail only in a 
package containing 1 lamp. 
‘‘(F) 3-WAY INCANDESCENT LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning 
with the first year that the reported annual 
sales rate for 3-way incandescent lamps 
demonstrates actual unit sales of 3-way in-
candescent lamps that achieve levels that
237 
are at least 100 percent higher than mod-
eled unit sales for that same year, the Sec-
retary shall— 
‘‘(I) not later than 90 days after 
the end of the previous calendar year, 
issue a finding that the index has been 
exceeded; and 
‘‘(II) not later than the date that 
is 1 year after the end of the previous 
calendar year, complete an accelerated 
rulemaking to establish an energy con-
servation standard for 3-way incandes-
cent lamps. 
‘‘(ii) BACKSTOP REQUIREMENT.—If the 
Secretary fails to complete an accelerated 
rulemaking in accordance with clause 
(i)(II), effective beginning 1 year after the 
date of issuance of the finding under clause 
(i)(I), the Secretary shall require that— 
‘‘(I) each filament in a 3-way in-
candescent lamp meet the new max-
imum wattage requirements for the re-
spective lumen range established under 
subsection (i)(1)(A); and
238 
‘‘(II) 3-way lamps be sold at re-
tail only in a package containing 1 
lamp. 
‘‘(G) 2,601–3,300 LUMEN GENERAL SERVICE 
INCANDESCENT
LAMPS.—Effective 
beginning 
with the first year that the reported annual sales 
rate demonstrates actual unit sales of 2,601– 
3,300 lumen general service incandescent lamps 
in the lumen range of 2,601 through 3,300 
lumens (or, in the case of a modified spectrum, 
in the lumen range of 1,951 through 2,475 
lumens) that achieve levels that are at least 100 
percent higher than modeled unit sales for that 
same year, the Secretary shall impose— 
‘‘(i) a maximum 95-watt limitation on 
general service incandescent lamps in the 
lumen range of 2,601 through 3,300 lumens; 
and 
‘‘(ii) a requirement that those lamps be 
sold at retail only in a package containing 
1 lamp. 
‘‘(H) SHATTER-RESISTANT LAMPS.— 
‘‘(i) IN GENERAL.—Effective beginning 
with the first year that the reported annual 
sales rate for shatter-resistant lamps dem-
239 
onstrates actual unit sales of shatter-resist-
ant lamps that achieve levels that are at 
least 100 percent higher than modeled unit 
sales for that same year, the Secretary 
shall— 
‘‘(I) not later than 90 days after 
the end of the previous calendar year, 
issue a finding that the index has been 
exceeded; and 
‘‘(II) not later than the date that 
is 1 year after the end of the previous 
calendar year, complete an accelerated 
rulemaking to establish an energy con-
servation standard for shatter-resistant 
lamps. 
‘‘(ii) BACKSTOP REQUIREMENT.—If the 
Secretary fails to complete an accelerated 
rulemaking in accordance with clause 
(i)(II), effective beginning 1 year after the 
date of issuance of the finding under clause 
(i)(I), the Secretary shall impose— 
‘‘(I) a maximum wattage limita-
tion of 40 watts on shatter resistant 
lamps; and
240 
‘‘(II) a requirement that those 
lamps be sold at retail only in a pack-
age containing 1 lamp. 
‘‘(I) RULEMAKINGS
BEFORE
JANUARY
1, 
2025.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), if the Secretary issues a final 
rule prior to January 1, 2025, establishing 
an energy conservation standard for any of 
the 5 types of lamps for which data collec-
tion is required under any of subpara-
graphs (D) through (G), the requirement to 
collect and model data for that type of lamp 
shall terminate unless, as part of the rule-
making, the Secretary determines that con-
tinued tracking is necessary. 
‘‘(ii) BACKSTOP REQUIREMENT.—If the 
Secretary imposes a backstop requirement 
as a result of a failure to complete an accel-
erated rulemaking in accordance with 
clause (i)(II) of any of subparagraphs (D) 
through (G), the requirement to collect and 
model data for the applicable type of lamp 
shall continue for an additional 2 years
241 
after the effective date of the backstop re-
quirement.’’. 
(b) CONSUMER EDUCATION AND LAMP LABELING.— 
Section 324(a)(2)(C) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6294(a)(2)(C)) is amended by adding 
at the end the following: 
‘‘(iii) RULEMAKING TO CONSIDER EF-
FECTIVENESS OF LAMP LABELING.— 
‘‘(I) IN GENERAL.—Not later than 
1 year after the date of enactment of 
this clause, the Commission shall ini-
tiate a rulemaking to consider— 
‘‘(aa) the effectiveness of cur-
rent lamp labeling for power lev-
els or watts, light output or 
lumens, and lamp lifetime; and 
‘‘(bb) alternative labeling ap-
proaches that will help consumers 
to understand new high-efficiency 
lamp products and to base the 
purchase decisions of the con-
sumers on the most appropriate 
source that meets the requirements 
of the consumers for lighting level,
242 
light quality, lamp lifetime, and 
total lifecycle cost. 
‘‘(II) COMPLETION.—The Com-
mission shall— 
‘‘(aa) 
complete 
the 
rule-
making not later than the date 
that is 30 months after the date of 
enactment of this clause; and 
‘‘(bb) consider reopening the 
rulemaking not later than 180 
days before the effective dates of 
the standards for general service 
incandescent 
lamps 
established 
under section 325(i)(1)(A), if the 
Commission determines that fur-
ther labeling changes are needed 
to help consumers understand 
lamp alternatives.’’. 
(c) MARKET ASSESSMENTS AND CONSUMER AWARE-
NESS PROGRAM.— 
(1) IN GENERAL.—In cooperation with the Ad-
ministrator of the Environmental Protection Agency, 
the Secretary of Commerce, the Federal Trade Com-
mission, lighting and retail industry associations, en-
ergy efficiency organizations, and any other entities
243 
that the Secretary of Energy determines to be appro-
priate, the Secretary of Energy shall— 
(A) conduct an annual assessment of the 
market for general service lamps and compact 
fluorescent lamps— 
(i) to identify trends in the market 
shares of lamp types, efficiencies, and light 
output levels purchased by residential and 
nonresidential consumers; and 
(ii) to better understand the degree to 
which consumer decisionmaking is based on 
lamp power levels or watts, light output or 
lumens, lamp lifetime, and other factors, in-
cluding information required on labels 
mandated by the Federal Trade Commis-
sion; 
(B) provide the results of the market assess-
ment to the Federal Trade Commission for con-
sideration in the rulemaking described in section 
324(a)(2)(C)(iii) of the Energy Policy and Con-
servation Act (42 U.S.C. 6294(a)(2)(C)(iii)); and 
(C) in cooperation with industry trade as-
sociations, lighting industry members, utilities, 
and other interested parties, carry out a 
proactive national program of consumer aware-
244 
ness, information, and education that broadly 
uses the media and other effective communica-
tion techniques over an extended period of time 
to help consumers understand the lamp labels 
and make energy-efficient lighting choices that 
meet the needs of consumers. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $10,000,000 for each of fiscal years 
2009 through 2012. 
(d) GENERAL RULE OF PREEMPTION FOR ENERGY 
CONSERVATION STANDARDS BEFORE FEDERAL STANDARD 
BECOMES EFFECTIVE FOR A PRODUCT.—Section 327(b)(1) 
of the Energy Policy and Conservation Act (42 U.S.C. 
6297(b)(1)) is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(2) by inserting ‘‘or’’ after the semicolon at the 
end; and 
(3) by adding at the end the following: 
‘‘(B) in the case of any portion of any regulation 
that establishes requirements for general service in-
candescent lamps, intermediate base incandescent 
lamps, or candelabra base lamps, was enacted or 
adopted by the States of California or Nevada before 
December 4, 2007, except that—
245 
‘‘(i) the regulation adopted by the Cali-
fornia Energy Commission with an effective date 
of January 1, 2008, shall only be effective until 
the effective date of the Federal standard for the 
applicable lamp category under subparagraphs 
(A), (B), and (C) of section 325(i)(1); 
‘‘(ii) the States of California and Nevada 
may, at any time, modify or adopt a State 
standard for general service lamps to conform 
with Federal standards with effective dates no 
earlier than 12 months prior to the Federal effec-
tive dates prescribed under subparagraphs (A), 
(B), and (C) of section 325(i)(1), at which time 
any prior regulations adopted by the States of 
California or Nevada shall no longer be effective; 
and 
‘‘(iii) all other States may, at any time, 
modify or adopt a State standard for general 
service lamps to conform with Federal standards 
and effective dates.’’. 
(e) PROHIBITED ACTS.—Section 332(a) of the Energy 
Policy and Conservation Act (42 U.S.C. 6302(a)) is amend-
ed— 
(1) in paragraph (4), by striking ‘‘or’’ at the 
end;
246 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(6) for any manufacturer, distributor, retailer, 
or private labeler to distribute in commerce an adapt-
er that— 
‘‘(A) is designed to allow an incandescent 
lamp that does not have a medium screw base to 
be installed into a fixture or lampholder with a 
medium screw base socket; and 
‘‘(B) is capable of being operated at a volt-
age range at least partially within 110 and 130 
volts.’’. 
(f) ENFORCEMENT.—Section 334 of the Energy Policy 
and Conservation Act (42 U.S.C. 6304) is amended by in-
serting after the second sentence the following: ‘‘Any such 
action to restrain any person from distributing in com-
merce a general service incandescent lamp that does not 
comply with the applicable standard established under sec-
tion 325(i) or an adapter prohibited under section 
332(a)(6) may also be brought by the attorney general of 
a State in the name of the State.’’. 
(g) RESEARCH AND DEVELOPMENT PROGRAM.—
247 
(1) IN GENERAL.—The Secretary may carry out 
a lighting technology research and development pro-
gram— 
(A) to support the research, development, 
demonstration, and commercial application of 
lamps and related technologies sold, offered for 
sale, or otherwise made available in the United 
States; and 
(B) to assist manufacturers of general serv-
ice lamps in the manufacturing of general serv-
ice lamps that, at a minimum, achieve the watt-
age requirements imposed as a result of the 
amendments made by subsection (a). 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $10,000,000 for each of fiscal years 
2008 through 2013. 
(3) TERMINATION OF AUTHORITY.—The program 
under this subsection shall terminate on September 
30, 2015. 
(h) REPORTS TO CONGRESS.— 
(1) REPORT ON MERCURY USE AND RELEASE.— 
Not later than 1 year after the date of enactment of 
this Act, the Secretary , in cooperation with the Ad-
ministrator of the Environmental Protection Agency,
248 
shall submit to Congress a report describing rec-
ommendations relating to the means by which the 
Federal Government may reduce or prevent the re-
lease of mercury during the manufacture, transpor-
tation, storage, or disposal of light bulbs. 
(2) REPORT ON RULEMAKING SCHEDULE.—Be-
ginning on July 1, 2013 and semiannually through 
July 1, 2016, the Secretary shall submit to the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate a report on— 
(A) whether the Secretary will meet the 
deadlines for the rulemakings required under this 
section; 
(B) a description of any impediments to 
meeting the deadlines; and 
(C) a specific plan to remedy any failures, 
including recommendations for additional legis-
lation or resources. 
(3) NATIONAL ACADEMY REVIEW.— 
(A) IN GENERAL.—Not later than December 
31, 2009, the Secretary shall enter into an ar-
rangement with the National Academy of 
Sciences to provide a report by December 31,
249 
2013, and an updated report by July 31, 2015. 
The report should include— 
(i) the status of advanced solid state 
lighting research, development, demonstra-
tion and commercialization; 
(ii) the impact on the types of lighting 
available to consumers of an energy con-
servation standard requiring a minimum of 
45 lumens per watt for general service light-
ing effective in 2020; and 
(iii) the time frame for the commer-
cialization of lighting that could replace 
current incandescent and halogen incandes-
cent lamp technology and any other new 
technologies developed to meet the minimum 
standards required under subsection (a) (3) 
of this section. 
(B) REPORTS.—The reports shall be trans-
mitted to the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Energy and Natural Resources of 
the Senate.
250 
SEC. 322. INCANDESCENT REFLECTOR LAMP EFFICIENCY 
STANDARDS. 
(a) DEFINITIONS.—Section 321 of the Energy Policy 
and Conservation Act (42 U.S.C. 6291) (as amended by sec-
tion 316(c)(1)(D)) is amended— 
(1) in paragraph (30)(C)(ii)— 
(A) in the matter preceding subclause (I)— 
(i) by striking ‘‘or similar bulb shapes 
(excluding ER or BR)’’ and inserting ‘‘ER, 
BR, BPAR, or similar bulb shapes’’; and 
(ii) by striking ‘‘2.75’’ and inserting 
‘‘2.25’’; and 
(B) by striking ‘‘is either—’’ and all that 
follows through subclause (II) and inserting ‘‘has 
a rated wattage that is 40 watts or higher’’; and 
(2) by adding at the end the following: 
‘‘(54) 
BPAR 
INCANDESCENT
REFLECTOR 
LAMP.—The term ‘BPAR incandescent reflector lamp’ 
means a reflector lamp as shown in figure C78.21– 
278 on page 32 of ANSI C78.21–2003. 
‘‘(55) BR INCANDESCENT
REFLECTOR
LAMP; 
BR30; BR40.— 
‘‘(A) 
BR 
INCANDESCENT
REFLECTOR 
LAMP.—The term ‘BR incandescent reflector 
lamp’ means a reflector lamp that has—
251 
‘‘(i) a bulged section below the major 
diameter of the bulb and above the approxi-
mate baseline of the bulb, as shown in fig-
ure 1 (RB) on page 7 of ANSI C79.1–1994, 
incorporated by reference in section 430.22 
of title 10, Code of Federal Regulations (as 
in effect on the date of enactment of this 
paragraph); and 
‘‘(ii) a finished size and shape shown 
in ANSI C78.21–1989, including the ref-
erenced reflective characteristics in part 7 of 
ANSI C78.21–1989, incorporated by ref-
erence in section 430.22 of title 10, Code of 
Federal Regulations (as in effect on the date 
of enactment of this paragraph). 
‘‘(B) BR30.—The term ‘BR30’ means a BR 
incandescent reflector lamp with a diameter of 
30/8ths of an inch. 
‘‘(C) BR40.—The term ‘BR40’ means a BR 
incandescent reflector lamp with a diameter of 
40/8ths of an inch. 
‘‘(56) ER INCANDESCENT
REFLECTOR
LAMP; 
ER30; ER40.—
252 
‘‘(A) 
ER 
INCANDESCENT
REFLECTOR 
LAMP.—The term ‘ER incandescent reflector 
lamp’ means a reflector lamp that has— 
‘‘(i) an elliptical section below the 
major diameter of the bulb and above the 
approximate baseline of the bulb, as shown 
in figure 1 (RE) on page 7 of ANSI C79.1– 
1994, incorporated by reference in section 
430.22 of title 10, Code of Federal Regula-
tions (as in effect on the date of enactment 
of this paragraph); and 
‘‘(ii) a finished size and shape shown 
in ANSI C78.21–1989, incorporated by ref-
erence in section 430.22 of title 10, Code of 
Federal Regulations (as in effect on the date 
of enactment of this paragraph). 
‘‘(B) ER30.—The term ‘ER30’ means an 
ER incandescent reflector lamp with a diameter 
of 30/8ths of an inch. 
‘‘(C) ER40.—The term ‘ER40’ means an 
ER incandescent reflector lamp with a diameter 
of 40/8ths of an inch. 
‘‘(57) R20 INCANDESCENT REFLECTOR LAMP.— 
The term ‘R20 incandescent reflector lamp’ means a 
reflector lamp that has a face diameter of approxi-
253 
mately 2.5 inches, as shown in figure 1(R) on page 
7 of ANSI C79.1–1994.’’. 
(b) STANDARDS FOR FLUORESCENT LAMPS AND IN-
CANDESCENT REFLECTOR LAMPS.—Section 325(i) of the 
Energy Policy and Conservation Act (42 U.S.C. 6995(i)) 
is amended by striking paragraph (1) and inserting the fol-
lowing: 
‘‘(1) STANDARDS.— 
‘‘(A) DEFINITION OF EFFECTIVE DATE.—In 
this paragraph (other than subparagraph (D)), 
the term ‘effective date’ means, with respect to 
each type of lamp specified in a table contained 
in subparagraph (B), the last day of the period 
of months corresponding to that type of lamp (as 
specified in the table) that follows October 24, 
1992. 
‘‘(B) MINIMUM
STANDARDS.—Each of the 
following general service fluorescent lamps and 
incandescent reflector lamps manufactured after 
the effective date specified in the tables contained 
in this paragraph shall meet or exceed the fol-
lowing lamp efficacy and CRI standards: 
‘‘FLUORESCENT LAMPS 
Lamp Type 
Nominal 
Lamp 
Wattage 
Minimum 
CRI 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
4-foot medium bi-pin ...................
>35 W 
75.0 
≤35 W 
75.0 
2-foot U-shaped .............................
>35 W 
68.0
254 
‘‘FLUORESCENT LAMPS—Continued 
Lamp Type 
Nominal 
Lamp 
Wattage 
Minimum 
CRI 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
≤35 W 
64.0 
8-foot slimline ...............................
65 W 
80.0 
≤65 W 
80.0 
8-foot high output .........................
>100 W 
80.0 
≤100 W 
80.0 
‘‘INCANDESCENT REFLECTOR LAMPS 
Nominal Lamp Wattage 
Minimum Average 
Lamp Efficacy 
(LPW) 
Effective 
Date (Pe-
riod of 
Months) 
40–50 .............................................................................................
10.5 
51–66 .............................................................................................
11.0 
67–85 .............................................................................................
12.5 
86–115 ...........................................................................................
14.0 
116–155 ...........................................................................................
14.5 
156–205 ...........................................................................................
15.0 
‘‘(C) EXEMPTIONS.—The standards speci-
fied in subparagraph (B) shall not apply to the 
following types of incandescent reflector lamps: 
‘‘(i) Lamps rated at 50 watts or less 
that are ER30, BR30, BR40, or ER40 
lamps. 
‘‘(ii) Lamps rated at 65 watts that are 
BR30, BR40, or ER40 lamps. 
‘‘(iii) R20 incandescent reflector lamps 
rated 45 watts or less. 
‘‘(D) EFFECTIVE DATES.— 
‘‘(i) ER, BR, AND BPAR LAMPS.—The 
standards specified in subparagraph (B) 
shall apply with respect to ER incandescent 
reflector lamps, BR incandescent reflector
255 
lamps, BPAR incandescent reflector lamps, 
and similar bulb shapes on and after Janu-
ary 1, 2008. 
‘‘(ii) 
LAMPS
BETWEEN
2.25–2.75 
INCHES IN DIAMETER.—The standards spec-
ified in subparagraph (B) shall apply with 
respect to incandescent reflector lamps with 
a diameter of more than 2.25 inches, but 
not more than 2.75 inches, on and after the 
later of January 1, 2008, or the date that 
is 180 days after the date of enactment of 
the Energy Independence and Security Act 
of 2007.’’. 
SEC. 323. PUBLIC BUILDING ENERGY EFFICIENT AND RE-
NEWABLE ENERGY SYSTEMS. 
(a) ESTIMATE OF ENERGY PERFORMANCE IN PRO-
SPECTUS.—Section 3307(b) of title 40, United States Code, 
is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(5); 
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (6) the fol-
lowing:
256 
‘‘(7) with respect to any prospectus for the con-
struction, alteration, or acquisition of any building or 
space to be leased, an estimate of the future energy 
performance of the building or space and a specific 
description of the use of energy efficient and renew-
able energy systems, including photovoltaic systems, 
in carrying out the project.’’. 
(b) MINIMUM PERFORMANCE REQUIREMENTS
FOR 
LEASED SPACE.—Section 3307 of such of title is amend-
ed— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the following: 
‘‘(f) MINIMUM PERFORMANCE REQUIREMENTS
FOR 
LEASED SPACE.—With respect to space to be leased, the Ad-
ministrator shall include, to the maximum extent prac-
ticable, minimum performance requirements requiring en-
ergy efficiency and the use of renewable energy.’’. 
(c) USE OF ENERGY EFFICIENT LIGHTING FIXTURES 
AND BULBS.— 
(1) IN GENERAL.—Chapter 33 of such title is 
amended— 
(A) by redesignating sections 3313, 3314, 
and 3315 as sections 3314, 3315, and 3316, re-
spectively; and
257 
(B) by inserting after section 3312 the fol-
lowing: 
‘‘§ 3313. Use of energy efficient lighting fixtures and 
bulbs 
‘‘(a) CONSTRUCTION, ALTERATION, AND ACQUISITION 
OF PUBLIC BUILDINGS.—Each public building constructed, 
altered, or acquired by the Administrator of General Serv-
ices shall be equipped, to the maximum extent feasible as 
determined by the Administrator, with lighting fixtures and 
bulbs that are energy efficient. 
‘‘(b) MAINTENANCE
OF PUBLIC BUILDINGS.—Each 
lighting fixture or bulb that is replaced by the Adminis-
trator in the normal course of maintenance of public build-
ings shall be replaced, to the maximum extent feasible, with 
a lighting fixture or bulb that is energy efficient. 
‘‘(c) CONSIDERATIONS.—In making a determination 
under this section concerning the feasibility of installing 
a lighting fixture or bulb that is energy efficient, the Ad-
ministrator shall consider— 
‘‘(1) the life-cycle cost effectiveness of the fixture 
or bulb; 
‘‘(2) the compatibility of the fixture or bulb with 
existing equipment; 
‘‘(3) whether use of the fixture or bulb could re-
sult in interference with productivity;
258 
‘‘(4) the aesthetics relating to use of the fixture 
or bulb; and 
‘‘(5) such other factors as the Administrator de-
termines appropriate. 
‘‘(d) ENERGY STAR.—A lighting fixture or bulb shall 
be treated as being energy efficient for purposes of this sec-
tion if— 
‘‘(1) the fixture or bulb is certified under the En-
ergy Star program established by section 324A of the 
Energy Policy and Conservation Act (42 U.S.C. 
6294a); 
‘‘(2) in the case of all light-emitting diode 
(LED) luminaires, lamps, and systems whose efficacy 
(lumens per watt) and Color Rendering Index (CRI) 
meet the Department of Energy requirements for min-
imum luminaire efficacy and CRI for the Energy 
Star certification, as verified by an independent 
third-party testing laboratory that the Administrator 
and the Secretary of Energy determine conducts its 
tests according to the procedures and recommenda-
tions of the Illuminating Engineering Society of 
North America, even if the luminaires, lamps, and 
systems have not received such certification; or
259 
‘‘(3) the Administrator and the Secretary of En-
ergy have otherwise determined that the fixture or 
bulb is energy efficient. 
‘‘(e) ADDITIONAL ENERGY EFFICIENT LIGHTING DES-
IGNATIONS.—The Administrator of the Environmental Pro-
tection Agency and the Secretary of Energy shall give pri-
ority to establishing Energy Star performance criteria or 
Federal Energy Management Program designations for ad-
ditional lighting product categories that are appropriate for 
use in public buildings. 
‘‘(f) GUIDELINES.—The Administrator shall develop 
guidelines for the use of energy efficient lighting tech-
nologies that contain mercury in child care centers in pub-
lic buildings. 
‘‘(g) APPLICABILITY OF BUY AMERICAN ACT.—Acqui-
sitions carried out pursuant to this section shall be subject 
to the requirements of the Buy American Act (41 U.S.C. 
10c et seq.). 
‘‘(h) EFFECTIVE DATE.—The requirements of sub-
sections (a) and (b) shall take effect one year after the date 
of enactment of this subsection.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
such chapter is amended by striking the items relat-
ing to sections 3313, 3314, and 3315 and inserting 
the following: 
‘‘3313. Use of energy efficient lighting fixtures and bulbs.
260 
‘‘3314. Delegation. 
‘‘3315. Report to Congress. 
‘‘3316. Certain authority not affected.’’. 
(d) EVALUATION FACTOR.—Section 3310 of such title 
is amended— 
(1) by redesignating paragraphs (3), (4), and (5) 
as paragraphs (4), (5), and (6), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) shall include in the solicitation for any 
lease requiring a prospectus under section 3307 an 
evaluation factor considering the extent to which the 
offeror will promote energy efficiency and the use of 
renewable energy;’’. 
SEC. 324. METAL HALIDE LAMP FIXTURES. 
(a) DEFINITIONS.—Section 321 of the Energy Policy 
and Conservation Act (42 U.S.C. 6291) (as amended by sec-
tion 322(a)(2)) is amended by adding at the end the fol-
lowing: 
‘‘(58) BALLAST.—The term ‘ballast’ means a de-
vice used with an electric discharge lamp to obtain 
necessary circuit conditions (voltage, current, and 
waveform) for starting and operating. 
‘‘(59) BALLAST EFFICIENCY.— 
‘‘(A) IN GENERAL.—The term ‘ballast effi-
ciency’ means, in the case of a high intensity 
discharge fixture, the efficiency of a lamp and
261 
ballast combination, expressed as a percentage, 
and calculated in accordance with the following 
formula: Efficiency = Pout/Pin. 
‘‘(B) EFFICIENCY FORMULA.—For the pur-
pose of subparagraph (A)— 
‘‘(i) Pout shall equal the measured op-
erating lamp wattage; 
‘‘(ii) Pin shall equal the measured oper-
ating input wattage; 
‘‘(iii) the lamp, and the capacitor 
when the capacitor is provided, shall con-
stitute a nominal system in accordance 
with the ANSI Standard C78.43-2004; 
‘‘(iv) for ballasts with a frequency of 
60 Hz, Pin and Pout shall be measured after 
lamps have been stabilized according to sec-
tion 4.4 of ANSI Standard C82.6-2005 
using a wattmeter with accuracy specified 
in section 4.5 of ANSI Standard C82.6- 
2005; and 
‘‘(v) for ballasts with a frequency 
greater than 60 Hz, Pin and Pout shall have 
a basic accuracy of ± 0.5 percent at the 
higher of—
262 
‘‘(I) 3 times the output operating 
frequency of the ballast; or 
‘‘(II) 2 kHz for ballast with a fre-
quency greater than 60 Hz. 
‘‘(C) MODIFICATION.—The Secretary may, 
by rule, modify the definition of ‘ballast effi-
ciency’ if the Secretary determines that the 
modification is necessary or appropriate to 
carry out the purposes of this Act. 
‘‘(60) ELECTRONIC
BALLAST.—The term ‘elec-
tronic ballast’ means a device that uses semiconduc-
tors as the primary means to control lamp starting 
and operation. 
‘‘(61) GENERAL
LIGHTING
APPLICATION.—The 
term ‘general lighting application’ means lighting 
that provides an interior or exterior area with overall 
illumination. 
‘‘(62) METAL
HALIDE
BALLAST.—The term 
‘metal halide ballast’ means a ballast used to start 
and operate metal halide lamps. 
‘‘(63) METAL HALIDE LAMP.—The term ‘metal 
halide lamp’ means a high intensity discharge lamp 
in which the major portion of the light is produced 
by radiation of metal halides and their products of
263 
dissociation, possibly in combination with metallic 
vapors. 
‘‘(64) METAL HALIDE LAMP FIXTURE.—The term 
‘metal halide lamp fixture’ means a light fixture for 
general lighting application designed to be operated 
with a metal halide lamp and a ballast for a metal 
halide lamp. 
‘‘(65) PROBE-START METAL HALIDE BALLAST.— 
The term ‘probe-start metal halide ballast’ means a 
ballast that— 
‘‘(A) starts a probe-start metal halide lamp 
that contains a third starting electrode (probe) 
in the arc tube; and 
‘‘(B) does not generally contain an igniter 
but instead starts lamps with high ballast open 
circuit voltage. 
‘‘(66) PULSE-START METAL HALIDE BALLAST.— 
‘‘(A) IN
GENERAL.—The term ‘pulse-start 
metal halide ballast’ means an electronic or elec-
tromagnetic ballast that starts a pulse-start 
metal halide lamp with high voltage pulses. 
‘‘(B) STARTING PROCESS.—For the purpose 
of subparagraph (A)—
264 
‘‘(i) lamps shall be started by first pro-
viding a high voltage pulse for ionization of 
the gas to produce a glow discharge; and 
‘‘(ii) to complete the starting process, 
power shall be provided by the ballast to 
sustain the discharge through the glow-to- 
arc transition.’’. 
(b) COVERAGE.—Section 322(a) of the Energy Policy 
and Conservation Act (42 U.S.C. 6292(a)) is amended— 
(1) by redesignating paragraph (19) as para-
graph (20); and 
(2) by inserting after paragraph (18) the fol-
lowing: 
‘‘(19) Metal halide lamp fixtures.’’. 
(c) TEST PROCEDURES.—Section 323(b) of the Energy 
Policy and Conservation Act (42 U.S.C. 6293(b)) (as 
amended by section 301(b)) is amended by adding at the 
end the following: 
‘‘(18) METAL
HALIDE
LAMP
BALLASTS.—Test 
procedures for metal halide lamp ballasts shall be 
based on ANSI Standard C82.6-2005, entitled ‘Bal-
lasts for High Intensity Discharge Lamps—Method of 
Measurement’.’’.
265 
(d) LABELING.—Section 324(a)(2) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6294(a)(2)) is amend-
ed— 
(1) by redesignating subparagraphs (C) through 
(G) as subparagraphs (D) through (H), respectively; 
and 
(2) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) METAL HALIDE LAMP FIXTURES.— 
‘‘(i) IN
GENERAL.—The Commission 
shall issue labeling rules under this section 
applicable to the covered product specified 
in section 322(a)(19) and to which stand-
ards are applicable under section 325. 
‘‘(ii) LABELING.—The rules shall pro-
vide that the labeling of any metal halide 
lamp fixture manufactured on or after the 
later of January 1, 2009, or the date that 
is 270 days after the date of enactment of 
this subparagraph, shall indicate conspicu-
ously, in a manner prescribed by the Com-
mission under subsection (b) by July 1, 
2008, a capital letter ‘E’ printed within a 
circle on the packaging of the fixture, and 
on the ballast contained in the fixture.’’.
266 
(e) STANDARDS.—Section 325 of the Energy Policy 
and Conservation Act (42 U.S.C. 6295) (as amended by sec-
tion 310) is amended— 
(1) by redesignating subsection (hh) as sub-
section (ii); 
(2) by inserting after subsection (gg) the fol-
lowing: 
‘‘(hh) METAL HALIDE LAMP FIXTURES.— 
‘‘(1) STANDARDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), metal halide lamp fixtures 
designed to be operated with lamps rated greater 
than or equal to 150 watts but less than or equal 
to 500 watts shall contain— 
‘‘(i) a pulse-start metal halide ballast 
with a minimum ballast efficiency of 88 
percent; 
‘‘(ii) a magnetic probe-start ballast 
with a minimum ballast efficiency of 94 
percent; or 
‘‘(iii) a nonpulse-start electronic bal-
last with— 
‘‘(I) a minimum ballast efficiency 
of 92 percent for wattages greater than 
250 watts; and
267 
‘‘(II) a minimum ballast effi-
ciency of 90 percent for wattages less 
than or equal to 250 watts. 
‘‘(B) EXCLUSIONS.—The standards estab-
lished under subparagraph (A) shall not apply 
to— 
‘‘(i) fixtures with regulated lag bal-
lasts; 
‘‘(ii) fixtures that use electronic bal-
lasts that operate at 480 volts; or 
‘‘(iii) fixtures that— 
‘‘(I) are rated only for 150 watt 
lamps; 
‘‘(II) are rated for use in wet lo-
cations, as specified by the National 
Electrical Code 2002, section 410.4(A); 
and 
‘‘(III) contain a ballast that is 
rated to operate at ambient air tem-
peratures above 50o C, as specified by 
UL 1029–2001. 
‘‘(C) APPLICATION.—The standards estab-
lished under subparagraph (A) shall apply to 
metal halide lamp fixtures manufactured on or 
after the later of—
268 
‘‘(i) January 1, 2009; or 
‘‘(ii) the date that is 270 days after the 
date of enactment of this subsection. 
‘‘(2) FINAL RULE BY JANUARY 1, 2012.— 
‘‘(A) IN GENERAL.—Not later than January 
1, 2012, the Secretary shall publish a final rule 
to determine whether the standards established 
under paragraph (1) should be amended. 
‘‘(B) ADMINISTRATION.—The final rule 
shall— 
‘‘(i) contain any amended standard; 
and 
‘‘(ii) apply to products manufactured 
on or after January 1, 2015. 
‘‘(3) FINAL RULE BY JANUARY 1, 2019.— 
‘‘(A) IN GENERAL.—Not later than January 
1, 2019, the Secretary shall publish a final rule 
to determine whether the standards then in effect 
should be amended. 
‘‘(B) ADMINISTRATION.—The final rule 
shall— 
‘‘(i) contain any amended standards; 
and 
‘‘(ii) apply to products manufactured 
after January 1, 2022.
269 
‘‘(4) DESIGN
AND
PERFORMANCE
REQUIRE-
MENTS.—Notwithstanding any other provision of law, 
any standard established pursuant to this subsection 
may contain both design and performance require-
ments.’’; and 
(3) in paragraph (2) of subsection (ii) (as redes-
ignated by paragraph (2)), by striking ‘‘(gg)’’ each 
place it appears and inserting ‘‘(hh)’’. 
(f) EFFECT ON OTHER LAW.—Section 327(c) of the 
Energy Policy and Conservation Act (42 U.S.C. 6297(c)) 
is amended— 
(1) in paragraph (8)(B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(2) by adding at the end the following: 
‘‘(9) is a regulation concerning metal halide 
lamp fixtures adopted by the California Energy Com-
mission on or before January 1, 2011, except that— 
‘‘(A) if the Secretary fails to issue a final 
rule within 180 days after the deadlines for 
rulemakings in section 325(hh), notwithstanding 
any other provision of this section, preemption 
shall not apply to a regulation concerning metal 
halide lamp fixtures adopted by the California 
Energy Commission—
270 
‘‘(i) on or before July 1, 2015, if the 
Secretary fails to meet the deadline speci-
fied in section 325(hh)(2); or 
‘‘(ii) on or before July 1, 2022, if the 
Secretary fails to meet the deadline speci-
fied in section 325(hh)(3).’’. 
SEC. 325. ENERGY EFFICIENCY LABELING FOR CONSUMER 
ELECTRONIC PRODUCTS. 
(a) IN GENERAL.—Section 324(a) of the Energy Pol-
icy and Conservation Act (42 U.S.C. 6294(a)) (as amended 
by section 324(d)) is amended— 
(1) in paragraph (2), by adding at the end the 
following: 
‘‘(I) LABELING REQUIREMENTS.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) through (iv), not later than 18 months 
after the date of issuance of applicable De-
partment of Energy testing procedures, the 
Commission, in consultation with the Sec-
retary and the Administrator of the Envi-
ronmental 
Protection 
Agency 
(acting 
through the Energy Star program), shall, 
by regulation, prescribe labeling or other 
disclosure requirements for the energy use 
of—
271 
‘‘(I) televisions; 
‘‘(II) personal computers; 
‘‘(III) cable or satellite set-top 
boxes; 
‘‘(IV) stand-alone digital video re-
corder boxes; and 
‘‘(V) personal computer monitors. 
‘‘(ii) ALTERNATE
TESTING
PROCE-
DURES.—In the absence of applicable test-
ing procedures described in clause (i) for 
products described in subclauses (I) through 
(V) of that clause, the Commission may, by 
regulation, prescribe labeling or other dis-
closure requirements for a consumer product 
category described in clause (i) if the Com-
mission— 
‘‘(I) identifies adequate non-De-
partment of Energy testing procedures 
for those products; and 
‘‘(II) determines that labeling of, 
or other disclosures relating to, those 
products is likely to assist consumers 
in making purchasing decisions. 
‘‘(iii) DEADLINE AND REQUIREMENTS 
FOR LABELING.—
272 
‘‘(I) DEADLINE.—Not later than 
18 months after the date of promulga-
tion of any requirements under clause 
(i) or (ii), the Commission shall re-
quire labeling of, or other disclosure re-
quirements for, electronic products de-
scribed in clause (i). 
‘‘(II) REQUIREMENTS.—The re-
quirements prescribed under clause (i) 
or (ii) may include specific require-
ments for each electronic product to be 
labeled with respect to the placement, 
size, and content of Energy Guide la-
bels. 
‘‘(iv) 
DETERMINATION
OF
FEASI-
BILITY.—Clause (i) or (ii) shall not apply 
in any case in which the Commission deter-
mines that labeling in accordance with this 
subsection— 
‘‘(I) is not technologically or eco-
nomically feasible; or 
‘‘(II) is not likely to assist con-
sumers in making purchasing deci-
sions.’’; and 
(2) by adding at the end the following:
273 
‘‘(6) AUTHORITY TO INCLUDE ADDITIONAL PROD-
UCT CATEGORIES.—The Commission may, by regula-
tion, require labeling or other disclosures in accord-
ance with this subsection for any consumer product 
not specified in this subsection or section 322 if the 
Commission determines that labeling for the product 
is likely to assist consumers in making purchasing 
decisions.’’. 
(b) CONTENT OF LABEL.—Section 324(c) of the En-
ergy Policy and Conservation Act (42 U.S.C. 6924(c)) is 
amended by adding at the end the following: 
‘‘(9) DISCRETIONARY APPLICATION.—The Com-
mission may apply paragraphs (1), (2), (3), (5), and 
(6) of this subsection to the labeling of any product 
covered by paragraph (2)(I) or (6) of subsection (a).’’. 
TITLE IV—ENERGY SAVINGS IN 
BUILDINGS AND INDUSTRY 
SEC. 401. DEFINITIONS. 
In this title: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of General Services. 
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory 
Committee’’ means the Green Building Advisory 
Committee established under section 484.
274 
(3) COMMERCIAL DIRECTOR.—The term ‘‘Com-
mercial Director’’ means the individual appointed to 
the position established under section 421. 
(4) 
CONSORTIUM.—The 
term 
‘‘Consortium’’ 
means the High-Performance Green Building Part-
nership Consortium created in response to section 
436(c)(1) to represent the private sector in a public- 
private partnership to promote high-performance 
green buildings and zero-net-energy commercial build-
ings. 
(5) COST-EFFECTIVE LIGHTING TECHNOLOGY.— 
(A) IN GENERAL.—The term ‘‘cost-effective 
lighting technology’’ means a lighting technology 
that— 
(i) will result in substantial oper-
ational cost savings by ensuring an in-
stalled consumption of not more than 1 
watt per square foot; or 
(ii) is contained in a list under— 
(I) section 553 of Public Law 95– 
619 (42 U.S.C. 8259b); 
(II) Federal acquisition regula-
tion 23–203; and 
(III) is at least as energy-con-
serving as required by other provisions
275 
of this Act, including the requirements 
of this title and title III which shall be 
applicable to the extent that they 
would achieve greater energy savings 
than provided under clause (i) or this 
clause. 
(B) INCLUSIONS.—The term ‘‘cost-effective 
lighting technology’’ includes— 
(i) lamps; 
(ii) ballasts; 
(iii) luminaires; 
(iv) lighting controls; 
(v) daylighting; and 
(vi) early use of other highly cost-effec-
tive lighting technologies. 
(6) COST-EFFECTIVE TECHNOLOGIES AND PRAC-
TICES.—The term ‘‘cost-effective technologies and 
practices’’ means a technology or practice that— 
(A) will result in substantial operational 
cost savings by reducing electricity or fossil fuel 
consumption, water, or other utility costs, in-
cluding use of geothermal heat pumps; 
(B) complies with the provisions of section 
553 of Public Law 95–619 (42 U.S.C. 8259b) 
and Federal acquisition regulation 23–203; and
276 
(C) is at least as energy and water con-
serving as required under this title, including 
sections 431 through 435, and title V, including 
section 511 through 525, which shall be applica-
ble to the extent that they are more stringent or 
require greater energy or water savings than re-
quired by this section. 
(7) FEDERAL
DIRECTOR.—The term ‘‘Federal 
Director’’ means the individual appointed to the posi-
tion established under section 436(a). 
(8) FEDERAL FACILITY.—The term ‘‘Federal fa-
cility’’ means any building that is constructed, ren-
ovated, leased, or purchased in part or in whole for 
use by the Federal Government. 
(9) OPERATIONAL COST SAVINGS.— 
(A) IN GENERAL.—The term ‘‘operational 
cost savings’’ means a reduction in end-use oper-
ational costs through the application of cost-effec-
tive technologies and practices or geothermal 
heat pumps, including a reduction in electricity 
consumption relative to consumption by the 
same customer or at the same facility in a given 
year, as defined in guidelines promulgated by 
the Administrator pursuant to section 329(b) of 
the Clean Air Act, that achieves cost savings suf-
277 
ficient to pay the incremental additional costs of 
using cost-effective technologies and practices in-
cluding geothermal heat pumps by not later than 
the later of the date established under sections 
431 through 434, or— 
(i) for cost-effective technologies and 
practices, the date that is 5 years after the 
date of installation; and 
(ii) for geothermal heat pumps, as soon 
as practical after the date of installation of 
the applicable geothermal heat pump. 
(B) INCLUSIONS.—The term ‘‘operational 
cost savings’’ includes savings achieved at a fa-
cility as a result of— 
(i) the installation or use of cost-effec-
tive technologies and practices; or 
(ii) the planting of vegetation that 
shades the facility and reduces the heating, 
cooling, or lighting needs of the facility. 
(C) EXCLUSION.—The term ‘‘operational 
cost savings’’ does not include savings from 
measures that would likely be adopted in the ab-
sence of cost-effective technology and practices 
programs, as determined by the Administrator.
278 
(10) GEOTHERMAL HEAT PUMP.—The term ‘‘geo-
thermal heat pump’’ means any heating or air condi-
tioning technology that— 
(A) uses the ground or ground water as a 
thermal energy source to heat, or as a thermal 
energy sink to cool, a building; and 
(B) meets the requirements of the Energy 
Star program of the Environmental Protection 
Agency applicable to geothermal heat pumps on 
the date of purchase of the technology. 
(11) GSA FACILITY.— 
(A) IN GENERAL.—The term ‘‘GSA facility’’ 
means any building, structure, or facility, in 
whole or in part (including the associated sup-
port systems of the building, structure, or facil-
ity) that— 
(i) is constructed (including facilities 
constructed for lease), renovated, or pur-
chased, in whole or in part, by the Admin-
istrator for use by the Federal Government; 
or 
(ii) is leased, in whole or in part, by 
the Administrator for use by the Federal 
Government—
279 
(I) except as provided in sub-
clause (II), for a term of not less than 
5 years; or 
(II) for a term of less than 5 
years, if the Administrator determines 
that use of cost-effective technologies 
and practices would result in the pay-
back of expenses. 
(B) INCLUSION.—The term ‘‘GSA facility’’ 
includes any group of buildings, structures, or 
facilities described in subparagraph (A) (includ-
ing the associated energy-consuming support sys-
tems of the buildings, structures, and facilities). 
(C) EXEMPTION.—The Administrator may 
exempt from the definition of ‘‘GSA facility’’ 
under this paragraph a building, structure, or 
facility that meets the requirements of section 
543(c) of Public Law 95–619 (42 U.S.C. 
8253(c)). 
(12) HIGH-PERFORMANCE BUILDING.—The term 
‘‘high performance building’’ means a building that 
integrates and optimizes on a life cycle basis all 
major high performance attributes, including energy 
conservation, environment, safety, security, dura-
280 
bility, accessibility, cost-benefit, productivity, sustain-
ability, functionality, and operational considerations. 
(13) HIGH-PERFORMANCE
GREEN
BUILDING.— 
The term ‘‘high-performance green building’’ means a 
high-performance building that, during its life-cycle, 
as compared with similar buildings (as measured by 
Commercial Buildings Energy Consumption Survey 
or Residential Energy Consumption Survey data 
from the Energy Information Agency)— 
(A) reduces energy, water, and material re-
source use; 
(B) improves indoor environmental quality, 
including reducing indoor pollution, improving 
thermal comfort, and improving lighting and 
acoustic environments that affect occupant health 
and productivity; 
(C) reduces negative impacts on the envi-
ronment throughout the life-cycle of the building, 
including air and water pollution and waste 
generation; 
(D) increases the use of environmentally 
preferable products, including biobased, recycled 
content, and nontoxic products with lower life- 
cycle impacts;
281 
(E) increases reuse and recycling opportu-
nities; 
(F) integrates systems in the building; 
(G) reduces the environmental and energy 
impacts of transportation through building loca-
tion and site design that support a full range of 
transportation choices for users of the building; 
and 
(H) considers indoor and outdoor effects of 
the building on human health and the environ-
ment, including— 
(i) improvements in worker produc-
tivity; 
(ii) the life-cycle impacts of building 
materials and operations; and 
(iii) other factors that the Federal Di-
rector or the Commercial Director consider 
to be appropriate. 
(14) LIFE-CYCLE.—The term ‘‘life-cycle’’, with 
respect to a high-performance green building, means 
all stages of the useful life of the building (including 
components, equipment, systems, and controls of the 
building) beginning at conception of a high-perform-
ance green building project and continuing through 
site selection, design, construction, landscaping, com-
282 
missioning, 
operation, 
maintenance, 
renovation, 
deconstruction or demolition, removal, and recycling 
of the high-performance green building. 
(15) LIFE-CYCLE ASSESSMENT.—The term ‘‘life- 
cycle assessment’’ means a comprehensive system ap-
proach for measuring the environmental performance 
of a product or service over the life of the product or 
service, beginning at raw materials acquisition and 
continuing through manufacturing, transportation, 
installation, use, reuse, and end-of-life waste manage-
ment. 
(16) LIFE-CYCLE COSTING.—The term ‘‘life-cycle 
costing’’, with respect to a high-performance green 
building, means a technique of economic evaluation 
that— 
(A) sums, over a given study period, the 
costs of initial investment (less resale value), re-
placements, operations (including energy use), 
and maintenance and repair of an investment 
decision; and 
(B) is expressed— 
(i) in present value terms, in the case 
of a study period equivalent to the longest 
useful life of the building, determined by 
taking into consideration the typical life of
283 
such a building in the area in which the 
building is to be located; or 
(ii) in annual value terms, in the case 
of any other study period. 
(17) OFFICE
OF
COMMERCIAL
HIGH-PERFORM-
ANCE GREEN BUILDINGS.—The term ‘‘Office of Com-
mercial High-Performance Green Buildings’’ means 
the Office of Commercial High-Performance Green 
Buildings established under section 421(a). 
(18) OFFICE OF FEDERAL HIGH-PERFORMANCE 
GREEN
BUILDINGS.—The term ‘‘Office of Federal 
High-Performance Green Buildings’’ means the Office 
of Federal High-Performance Green Buildings estab-
lished under section 436(a). 
(19) PRACTICES.—The term ‘‘practices’’ means 
design, financing, permitting, construction, commis-
sioning, operation and maintenance, and other prac-
tices that contribute to achieving zero-net-energy 
buildings or facilities. 
(20) ZERO-NET-ENERGY
COMMERCIAL
BUILD-
ING.—The term ‘‘zero-net-energy commercial build-
ing’’ means a commercial building that is designed, 
constructed, and operated to— 
(A) require a greatly reduced quantity of 
energy to operate;
284 
(B) meet the balance of energy needs from 
sources of energy that do not produce greenhouse 
gases; 
(C) therefore result in no net emissions of 
greenhouse gases; and 
(D) be economically viable. 
Subtitle A—Residential Building 
Efficiency 
SEC. 411. REAUTHORIZATION OF WEATHERIZATION ASSIST-
ANCE PROGRAM. 
(a) IN GENERAL.—Section 422 of the Energy Con-
servation and Production Act (42 U.S.C. 6872) is amended 
by striking ‘‘ appropriated $500,000,000 for fiscal year 
2006, $600,000,000 for fiscal year 2007, and $700,000,000 
for fiscal year 2008’’ and inserting ‘‘appropriated— 
‘‘(1) $750,000,000 for fiscal year 2008; 
‘‘(2) $900,000,000 for fiscal year 2009; 
‘‘(3) $1,050,000,000 for fiscal year 2010; 
‘‘(4) $1,200,000,000 for fiscal year 2011; and 
‘‘(5) $1,400,000,000 for fiscal year 2012.’’. 
(b) SUSTAINABLE ENERGY RESOURCES
FOR CON-
SUMERS GRANTS.— 
(1) IN
GENERAL.—The Secretary may make 
funding available to local weatherization agencies 
from amounts authorized under the amendment made
285 
by subsection (a) to expand the weatherization assist-
ance program for residential buildings to include ma-
terials, benefits, and renewable and domestic energy 
technologies not covered by the program (as of the 
date of enactment of this Act), if the State weatheriza-
tion grantee certifies that the applicant has the ca-
pacity to carry out the proposed activities and that 
the grantee will include the project in the financial 
oversight of the grantee of the weatherization assist-
ance program. 
(2) PRIORITY.—In selecting grant recipients 
under this subsection, the Secretary shall give priority 
to— 
(A) the expected effectiveness and benefits of 
the proposed project to low- and moderate-in-
come energy consumers; 
(B) the potential for replication of success-
ful results; 
(C) the impact on the health and safety and 
energy costs of consumers served; and 
(D) the extent of partnerships with other 
public and private entities that contribute to the 
resources and implementation of the program, 
including financial partnerships. 
(3) FUNDING.—
286 
(A) IN GENERAL.—Except as provided in 
paragraph (2), the amount of funds used for 
projects described in paragraph (1) may equal 
up to 2 percent of the amount of funds made 
available for any fiscal year under section 422 
of the Energy Conservation and Production Act 
(42 U.S.C. 6872). 
(B) EXCEPTION.—No funds may be used for 
sustainable 
energy 
resources 
for 
consumers 
grants for a fiscal year under this subsection if 
the amount of funds made available for the fiscal 
year to carry out the Weatherization Assistance 
Program for Low-Income Persons established 
under part A of title IV of the Energy Conserva-
tion and Production Act (42 U.S.C. 6861 et seq.) 
is less than $275,000,000. 
(c) DEFINITION OF STATE.—Section 412 of the Energy 
Conservation and Production Act (42 U.S.C. 6862) is 
amended by striking paragraph (8) and inserting the fol-
lowing: 
‘‘(8) STATE.—The term ‘State’ means— 
‘‘(A) a State; 
‘‘(B) the District of Columbia; 
‘‘(C) the Commonwealth of Puerto Rico; and
287 
‘‘(D) any other territory or possession of the 
United States.’’. 
SEC. 412. STUDY OF RENEWABLE ENERGY REBATE PRO-
GRAMS. 
(a) IN GENERAL.—Not later than 120 days after the 
date of enactment of this Act, the Secretary shall conduct, 
and submit to Congress a report on, a study regarding the 
rebate programs established under sections 124 and 206(c) 
of the Energy Policy Act of 2005 (42 U.S.C. 15821, 15853). 
(b) COMPONENTS.—In conducting the study, the Sec-
retary shall— 
(1) develop a plan for how the rebate programs 
would be carried out if the programs were funded; 
and 
(2) determine the minimum amount of funding 
the program would need to receive in order to accom-
plish the goals of the programs. 
SEC. 413. ENERGY CODE IMPROVEMENTS APPLICABLE TO 
MANUFACTURED HOUSING. 
(a) ESTABLISHMENT OF STANDARDS.— 
(1) IN GENERAL.—Not later than 4 years after 
the date of enactment of this Act, the Secretary shall 
by regulation establish standards for energy efficiency 
in manufactured housing.
288 
(2) NOTICE, COMMENT, AND
CONSULTATION.— 
Standards described in paragraph (1) shall be estab-
lished after— 
(A) notice and an opportunity for comment 
by manufacturers of manufactured housing and 
other interested parties; and 
(B) consultation with the Secretary of 
Housing and Urban Development, who may seek 
further counsel from the Manufactured Housing 
Consensus Committee. 
(b) REQUIREMENTS.— 
(1) 
INTERNATIONAL
ENERGY
CONSERVATION 
CODE.—The energy conservation standards established 
under this section shall be based on the most recent 
version of the International Energy Conservation 
Code (including supplements), except in cases in 
which the Secretary finds that the code is not cost-ef-
fective, or a more stringent standard would be more 
cost-effective, based on the impact of the code on the 
purchase price of manufactured housing and on total 
life-cycle construction and operating costs. 
(2) CONSIDERATIONS.—The energy conservation 
standards established under this section may—
289 
(A) take into consideration the design and 
factory construction techniques of manufactured 
homes; 
(B) be based on the climate zones established 
by the Department of Housing and Urban Devel-
opment rather than the climate zones under the 
International Energy Conservation Code; and 
(C) provide for alternative practices that re-
sult in net estimated energy consumption equal 
to or less than the specified standards. 
(3) UPDATING.—The energy conservation stand-
ards established under this section shall be updated 
not later than— 
(A) 1 year after the date of enactment of 
this Act; and 
(B) 1 year after any revision to the Inter-
national Energy Conservation Code. 
(c) ENFORCEMENT.—Any manufacturer of manufac-
tured housing that violates a provision of the regulations 
under subsection (a) is liable to the United States for a 
civil penalty in an amount not exceeding 1 percent of the 
manufacturer’s retail list price of the manufactured hous-
ing.
290 
Subtitle B—High-Performance 
Commercial Buildings 
SEC. 
421. 
COMMERCIAL 
HIGH-PERFORMANCE 
GREEN 
BUILDINGS. 
(a) DIRECTOR OF COMMERCIAL HIGH-PERFORMANCE 
GREEN BUILDINGS.—Notwithstanding any other provision 
of law, the Secretary, acting through the Assistant Sec-
retary of Energy Efficiency and Renewable Energy, shall 
appoint a Director of Commercial High-Performance Green 
Buildings to a position in the career-reserved Senior Execu-
tive service, with the principal responsibility to— 
(1) establish and manage the Office of Commer-
cial High-Performance Green Buildings; and 
(2) carry out other duties as required under this 
subtitle. 
(b) QUALIFICATIONS.—The Commercial Director shall 
be an individual, who by reason of professional background 
and experience, is specifically qualified to carry out the du-
ties required under this subtitle. 
(c) DUTIES.—The Commercial Director shall, with re-
spect to development of high-performance green buildings 
and zero-energy commercial buildings nationwide— 
(1) coordinate the activities of the Office of Com-
mercial High-Performance Green Buildings with the
291 
activities of the Office of Federal High-Performance 
Green Buildings; 
(2) develop the legal predicates and agreements 
for, negotiate, and establish one or more public-pri-
vate partnerships with the Consortium, members of 
the Consortium, and other capable parties meeting the 
qualifications of the Consortium, to further such de-
velopment; 
(3) represent the public and the Department in 
negotiating and performing in accord with such pub-
lic-private partnerships; 
(4) use appropriated funds in an effective man-
ner to encourage the maximum investment of private 
funds to achieve such development; 
(5) promote research and development of high 
performance green buildings, consistent with section 
423; and 
(6) jointly establish with the Federal Director a 
national high-performance green building clearing-
house in accordance with section 423(1), which shall 
provide high-performance green building information 
and disseminate research results through— 
(A) outreach; 
(B) education; and 
(C) the provision of technical assistance.
292 
(d) REPORTING.—The Commercial Director shall re-
port directly to the Assistant Secretary for Energy Effi-
ciency and Renewable Energy, or to other senior officials 
in a way that facilitates the integrated program of this sub-
title for both energy efficiency and renewable energy and 
both technology development and technology deployment. 
(e) COORDINATION.—The Commercial Director shall 
ensure full coordination of high-performance green building 
information and activities, including activities under this 
subtitle, within the Federal Government by working with 
the General Services Administration and all relevant agen-
cies, including, at a minimum— 
(1) the Environmental Protection Agency; 
(2) the Office of the Federal Environmental Ex-
ecutive; 
(3) the Office of Federal Procurement Policy; 
(4) the Department of Energy, particularly the 
Federal Energy Management Program; 
(5) the Department of Health and Human Serv-
ices; 
(6) the Department of Housing and Urban De-
velopment; 
(7) the Department of Defense; 
(8) the National Institute of Standards and 
Technology;
293 
(9) the Department of Transportation; 
(10) the Office of Science Technology and Policy; 
and 
(11) such nonprofit high-performance green 
building rating and analysis entities as the Commer-
cial Director determines can offer support, expertise, 
and review services. 
(f) HIGH-PERFORMANCE GREEN BUILDING PARTNER-
SHIP CONSORTIUM.— 
(1) RECOGNITION.—Not later than 90 days after 
the date of enactment of this Act, the Commercial Di-
rector shall formally recognize one or more groups 
that qualify as a high-performance green building 
partnership consortium. 
(2) REPRESENTATION TO QUALIFY.—To qualify 
under this section, any consortium shall include rep-
resentation from— 
(A) the design professions, including na-
tional associations of architects and of profes-
sional engineers; 
(B) the development, construction, finan-
cial, and real estate industries; 
(C) building owners and operators from the 
public and private sectors;
294 
(D) academic and research organizations, 
including at least one national laboratory with 
extensive commercial building energy expertise; 
(E) building code agencies and organiza-
tions, including a model energy code-setting or-
ganization; 
(F) independent high-performance green 
building associations or councils; 
(G) experts in indoor air quality and envi-
ronmental factors; 
(H) experts in intelligent buildings and in-
tegrated building information systems; 
(I) utility energy efficiency programs; 
(J) manufacturers and providers of equip-
ment and techniques used in high performance 
green buildings; 
(K) public transportation industry experts; 
and 
(L) nongovernmental energy efficiency orga-
nizations. 
(3) FUNDING.—The Secretary may make pay-
ments to the Consortium pursuant to the terms of a 
public-private partnership for such activities of the 
Consortium undertaken under such a partnership as
295 
described in this subtitle directly to the Consortium or 
through one or more of its members. 
(g) REPORT.—Not later than 2 years after the date 
of enactment of this Act, and biennially thereafter, the Com-
mercial Director, in consultation with the Consortium, shall 
submit to Congress a report that— 
(1) describes the status of the high-performance 
green building initiatives under this subtitle and 
other Federal programs affecting commercial high- 
performance green buildings in effect as of the date of 
the report, including— 
(A) the extent to which the programs are 
being carried out in accordance with this sub-
title; and 
(B) the status of funding requests and ap-
propriations for those programs; and 
(2) summarizes and highlights development, at 
the State and local level, of high-performance green 
building initiatives, including executive orders, poli-
cies, or laws adopted promoting high-performance 
green building (including the status of implementa-
tion of those initiatives). 
SEC. 422. ZERO NET ENERGY COMMERCIAL BUILDINGS INI-
TIATIVE. 
(a) DEFINITIONS.—In this section:
296 
(1) 
CONSORTIUM.—The 
term 
‘‘consortium’’ 
means a High-Performance Green Building Consor-
tium selected by the Commercial Director. 
(2) INITIATIVE.—The term ‘‘initiative’’ means 
the Zero-Net-Energy Commercial Buildings Initiative 
established under subsection (b)(1). 
(3) 
ZERO-NET-ENERGY
COMMERCIAL
BUILD-
ING.—The term ‘‘zero-net-energy commercial build-
ing’’ means a high-performance commercial building 
that is designed, constructed, and operated— 
(A) to require a greatly reduced quantity of 
energy to operate; 
(B) to meet the balance of energy needs 
from sources of energy that do not produce green-
house gases; 
(C) in a manner that will result in no net 
emissions of greenhouse gases; and 
(D) to be economically viable. 
(b) ESTABLISHMENT.— 
(1) IN
GENERAL.—The Commercial Director 
shall establish an initiative, to be known as the 
‘‘Zero-Net-Energy 
Commercial 
Buildings 
Initia-
tive’’—
297 
(A) to reduce the quantity of energy con-
sumed by commercial buildings located in the 
United States; and 
(B) to achieve the development of zero net 
energy commercial buildings in the United 
States. 
(2) CONSORTIUM.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Com-
mercial Director shall competitively select, and 
enter into an agreement with, a consortium to 
develop and carry out the initiative. 
(B) AGREEMENTS.—In entering into an 
agreement with a consortium under subpara-
graph (A), the Commercial Director shall use the 
authority described in section 646(g) of the De-
partment of Energy Organization Act (42 U.S.C. 
7256(g)), to the maximum extent practicable. 
(c) GOAL OF INITIATIVE.—The goal of the initiative 
shall be to develop and disseminate technologies, practices, 
and policies for the development and establishment of zero 
net energy commercial buildings for— 
(1) any commercial building newly constructed 
in the United States by 2030;
298 
(2) 50 percent of the commercial building stock 
of the United States by 2040; and 
(3) all commercial buildings in the United 
States by 2050. 
(d) COMPONENTS.—In carrying out the initiative, the 
Commercial Director, in consultation with the consortium, 
may— 
(1) conduct research and development on build-
ing science, design, materials, components, equipment 
and controls, operation and other practices, integra-
tion, energy use measurement, and benchmarking; 
(2) conduct pilot programs and demonstration 
projects to evaluate replicable approaches to achieving 
energy efficient commercial buildings for a variety of 
building types in a variety of climate zones; 
(3) conduct deployment, dissemination, and tech-
nical assistance activities to encourage widespread 
adoption of technologies, practices, and policies to 
achieve energy efficient commercial buildings; 
(4) conduct other research, development, dem-
onstration, and deployment activities necessary to 
achieve each goal of the initiative, as determined by 
the Commercial Director, in consultation with the 
consortium;
299 
(5) develop training materials and courses for 
building professionals and trades on achieving cost-ef-
fective high-performance energy efficient buildings; 
(6) develop and disseminate public education 
materials to share information on the benefits and 
cost-effectiveness of high-performance energy efficient 
buildings; 
(7) support code-setting organizations and State 
and local governments in developing minimum per-
formance standards in building codes that recognize 
the ready availability of many technologies utilized in 
high-performance energy efficient buildings; 
(8) develop strategies for overcoming the split in-
centives between builders and purchasers, and land-
lords and tenants, to ensure that energy efficiency 
and high-performance investments are made that are 
cost-effective on a lifecycle basis; and 
(9) develop improved means of measurement and 
verification of energy savings and performance for 
public dissemination. 
(e) COST SHARING.—In carrying out this section, the 
Commercial Director shall require cost sharing in accord-
ance with section 988 of the Energy Policy Act of 2005 (42 
U.S.C. 16352).
300 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section— 
(1) $20,000,000 for fiscal year 2008; 
(2) $50,000,000 for each of fiscal years 2009 and 
2010; 
(3) $100,000,000 for each of fiscal years 2011 
and 2012; and 
(4) $200,000,000 for each of fiscal years 2013 
through 2018. 
SEC. 423. PUBLIC OUTREACH. 
The Commercial Director and Federal Director, in co-
ordination with the Consortium, shall carry out public out-
reach to inform individuals and entities of the information 
and services available Governmentwide by— 
(1) establishing and maintaining a national 
high-performance green building clearinghouse, in-
cluding on the internet, that— 
(A) identifies existing similar efforts and 
coordinates activities of common interest; and 
(B) provides information relating to high- 
performance 
green 
buildings, 
including 
hyperlinks to internet sites that describe the ac-
tivities, information, and resources of— 
(i) the Federal Government; 
(ii) State and local governments;
301 
(iii) the private sector (including non-
governmental and nonprofit entities and or-
ganizations); and 
(iv) international organizations; 
(2) identifying and recommending educational 
resources for implementing high-performance green 
building practices, including security and emergency 
benefits and practices; 
(3) providing access to technical assistance, tools, 
and resources for constructing high-performance green 
buildings, particularly tools to conduct life-cycle cost-
ing and life-cycle assessment; 
(4) providing information on application proc-
esses for certifying a high-performance green building, 
including certification and commissioning; 
(5) providing to the public, through the Commer-
cial Director, technical and research information or 
other forms of assistance or advice that would be use-
ful in planning and constructing high-performance 
green buildings; 
(6) using such additional methods as are deter-
mined by the Commercial Director to be appropriate 
to conduct public outreach; 
(7) surveying existing research and studies relat-
ing to high-performance green buildings; and
302 
(8) coordinating activities of common interest. 
Subtitle C—High-Performance 
Federal Buildings 
SEC. 431. ENERGY REDUCTION GOALS FOR FEDERAL BUILD-
INGS. 
Section 543(a)(1) of the National Energy Conservation 
Policy Act (42 U.S.C. 8253(a)(1)) is amended by striking 
the table and inserting the following: 
‘‘Fiscal Year 
Percentage reduction 
2006 ................................................................................................
2007 ................................................................................................
2008 ................................................................................................
2009 ................................................................................................
2010 ................................................................................................
2011 ................................................................................................
2012 ................................................................................................
2013 ................................................................................................
2014 ................................................................................................
2015 ................................................................................................
30.’’. 
SEC. 432. MANAGEMENT OF ENERGY AND WATER EFFI-
CIENCY IN FEDERAL BUILDINGS. 
Section 543 of the National Energy Conservation Pol-
icy Act (42 U.S.C. 8253) is amended by adding at the end 
the following: 
‘‘(f) USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES IN FEDERAL BUILDINGS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COMMISSIONING.—The term ‘commis-
sioning’, with respect to a facility, means a sys-
tematic process—
303 
‘‘(i) of ensuring, using appropriate 
verification and documentation, during the 
period beginning on the initial day of the 
design phase of the facility and ending not 
earlier than 1 year after the date of comple-
tion of construction of the facility, that all 
facility systems perform interactively in ac-
cordance with— 
‘‘(I) the design documentation 
and intent of the facility; and 
‘‘(II) the operational needs of the 
owner of the facility, including prepa-
ration of operation personnel; and 
‘‘(ii) the primary goal of which is to 
ensure fully functional systems that can be 
properly operated and maintained during 
the useful life of the facility. 
‘‘(B) ENERGY MANAGER.— 
‘‘(i) IN GENERAL.—The term ‘energy 
manager’, with respect to a facility, means 
the individual who is responsible for— 
‘‘(I) ensuring compliance with 
this subsection by the facility; and 
‘‘(II) reducing energy use at the 
facility.
304 
‘‘(ii) INCLUSIONS.—The term ‘energy 
manager’ may include— 
‘‘(I) a contractor of a facility; 
‘‘(II) a part-time employee of a 
facility; and 
‘‘(III) an individual who is re-
sponsible for multiple facilities. 
‘‘(C) FACILITY.— 
‘‘(i) IN GENERAL.—The term ‘facility’ 
means any building, installation, structure, 
or other property (including any applicable 
fixtures) owned or operated by, or con-
structed or manufactured and leased to, the 
Federal Government. 
‘‘(ii) INCLUSIONS.—The term ‘facility’ 
includes— 
‘‘(I) a group of facilities at a sin-
gle location or multiple locations man-
aged as an integrated operation; and 
‘‘(II) contractor-operated facilities 
owned by the Federal Government. 
‘‘(iii) EXCLUSIONS.—The term ‘facil-
ity’ does not include any land or site for 
which the cost of utilities is not paid by the 
Federal Government.
305 
‘‘(D) LIFE
CYCLE
COST-EFFECTIVE.—The 
term ‘life cycle cost-effective’, with respect to a 
measure, means a measure the estimated savings 
of which exceed the estimated costs over the life-
span of the measure, as determined in accord-
ance with section 544. 
‘‘(E) PAYBACK PERIOD.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the term ‘payback period’, with respect 
to a measure, means a value equal to the 
quotient obtained by dividing— 
‘‘(I) the estimated initial imple-
mentation cost of the measure (other 
than financing costs); by 
‘‘(II) the annual cost savings re-
sulting from the measure, including— 
‘‘(aa) net savings in esti-
mated energy and water costs; 
and 
‘‘(bb) 
operations, 
mainte-
nance, repair, replacement, and 
other direct costs. 
‘‘(ii) 
MODIFICATIONS
AND
EXCEP-
TIONS.—The Secretary, in guidelines issued 
pursuant to paragraph (6), may make such
306 
modifications and provide such exceptions 
to the calculation of the payback period of 
a measure as the Secretary determines to be 
appropriate to achieve the purposes of this 
Act. 
‘‘(F) RECOMMISSIONING.—The term ‘re-
commissioning’ means a process— 
‘‘(i) of commissioning a facility or sys-
tem beyond the project development and 
warranty phases of the facility or system; 
and 
‘‘(ii) the primary goal of which is to 
ensure optimum performance of a facility, 
in accordance with design or current oper-
ating needs, over the useful life of the facil-
ity, while meeting building occupancy re-
quirements. 
‘‘(G) 
RETROCOMMISSIONING.—The 
term 
‘retrocommissioning’ means a process of commis-
sioning a facility or system that was not com-
missioned at time of construction of the facility 
or system. 
‘‘(2) FACILITY ENERGY MANAGERS.— 
‘‘(A) IN
GENERAL.—Each Federal agency 
shall designate an energy manager responsible
307 
for implementing this subsection and reducing 
energy use at each facility that meets criteria 
under subparagraph (B). 
‘‘(B) COVERED FACILITIES.—The Secretary 
shall develop criteria, after consultation with af-
fected agencies, energy efficiency advocates, and 
energy and utility service providers, that cover, 
at a minimum, Federal facilities, including cen-
tral utility plants and distribution systems and 
other energy intensive operations, that constitute 
at least 75 percent of facility energy use at each 
agency. 
‘‘(3) ENERGY AND WATER EVALUATIONS.— 
‘‘(A) EVALUATIONS.—Effective beginning on 
the date that is 180 days after the date of enact-
ment of this subsection and annually thereafter, 
energy managers shall complete, for each cal-
endar year, a comprehensive energy and water 
evaluation for approximately 25 percent of the 
facilities of each agency that meet the criteria 
under paragraph (2)(B) in a manner that en-
sures that an evaluation of each such facility is 
completed at least once every 4 years. 
‘‘(B) 
RECOMMISSIONING
AND 
RETROCOMMISSIONING.—As part of the evalua-
308 
tion under subparagraph (A), the energy man-
ager shall identify and assess recommissioning 
measures (or, if the facility has never been com-
missioned, retrocommissioning measures) for 
each such facility. 
‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY 
AND WATER EFFICIENCY MEASURES.—Not later than 
2 years after the completion of each evaluation under 
paragraph (3), each energy manager may— 
‘‘(A) implement any energy- or water-sav-
ing measure that the Federal agency identified 
in the evaluation conducted under paragraph (3) 
that is life cycle cost-effective; and 
‘‘(B) bundle individual measures of varying 
paybacks together into combined projects. 
‘‘(5) 
FOLLOW-UP
ON
IMPLEMENTED
MEAS-
URES.—For each measure implemented under para-
graph (4), each energy manager shall ensure that— 
‘‘(A) equipment, including building and 
equipment controls, is fully commissioned at ac-
ceptance to be operating at design specifications; 
‘‘(B) a plan for appropriate operations, 
maintenance, and repair of the equipment is in 
place at acceptance and is followed;
309 
‘‘(C) equipment and system performance is 
measured during its entire life to ensure proper 
operations, maintenance, and repair; and 
‘‘(D) energy and water savings are meas-
ured and verified. 
‘‘(6) GUIDELINES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
issue guidelines and necessary criteria that each 
Federal agency shall follow for implementation 
of— 
‘‘(i) paragraphs (2) and (3) not later 
than 180 days after the date of enactment 
of this subsection; and 
‘‘(ii) paragraphs (4) and (5) not later 
than 1 year after the date of enactment of 
this subsection. 
‘‘(B) 
RELATIONSHIP
TO
FUNDING 
SOURCE.—The guidelines issued by the Secretary 
under subparagraph (A) shall be appropriate 
and uniform for measures funded with each type 
of funding made available under paragraph 
(10), but may distinguish between different types 
of measures project size, and other criteria the 
Secretary determines are relevant. 
‘‘(7) WEB-BASED CERTIFICATION.—
310 
‘‘(A) IN GENERAL.—For each facility that 
meets the criteria established by the Secretary 
under paragraph (2)(B), the energy manager 
shall use the web-based tracking system under 
subparagraph (B) to certify compliance with the 
requirements for— 
‘‘(i) energy and water evaluations 
under paragraph (3); 
‘‘(ii) implementation of identified en-
ergy and water measures under paragraph 
(4); and 
‘‘(iii) follow-up on implemented meas-
ures under paragraph (5). 
‘‘(B) DEPLOYMENT.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of this sub-
section, the Secretary shall develop and de-
ploy a web-based tracking system required 
under this paragraph in a manner that 
tracks, at a minimum— 
‘‘(I) the covered facilities; 
‘‘(II) the status of meeting the re-
quirements specified in subparagraph 
(A);
311 
‘‘(III) the estimated cost and sav-
ings for measures required to be imple-
mented in a facility; 
‘‘(IV) the measured savings and 
persistence of savings for implemented 
measures; and 
‘‘(V) the benchmarking informa-
tion disclosed under paragraph (8)(C). 
‘‘(ii) EASE OF COMPLIANCE.—The Sec-
retary shall ensure that energy manager 
compliance with the requirements in this 
paragraph, to the maximum extent prac-
ticable— 
‘‘(I) can be accomplished with the 
use of streamlined procedures and tem-
plates that minimize the time demands 
on Federal employees; and 
‘‘(II) is coordinated with other 
applicable energy reporting require-
ments. 
‘‘(C) AVAILABILITY.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the Secretary shall make the web-based 
tracking system required under this para-
graph available to Congress, other Federal
312 
agencies, and the public through the Inter-
net. 
‘‘(ii) EXEMPTIONS.—At the request of 
a Federal agency, the Secretary may exempt 
specific data for specific facilities from dis-
closure under clause (i) for national secu-
rity purposes. 
‘‘(8) BENCHMARKING OF FEDERAL FACILITIES.— 
‘‘(A) IN
GENERAL.—The energy manager 
shall enter energy use data for each metered 
building that is (or is a part of) a facility that 
meets the criteria established by the Secretary 
under paragraph (2)(B) into a building energy 
use benchmarking system, such as the Energy 
Star Portfolio Manager. 
‘‘(B) SYSTEM
AND
GUIDANCE.—Not later 
than 1 year after the date of enactment of this 
subsection, the Secretary shall— 
‘‘(i) select or develop the building en-
ergy use benchmarking system required 
under this paragraph for each type of build-
ing; and 
‘‘(ii) issue guidance for use of the sys-
tem.
313 
‘‘(C) PUBLIC
DISCLOSURE.—Each energy 
manager shall post the information entered into, 
or generated by, a benchmarking system under 
this subsections, on the web-based tracking sys-
tem under paragraph (7)(B). The energy man-
ager shall update such information each year, 
and shall include in such reporting previous 
years’ information to allow changes in building 
performance to be tracked over time. 
‘‘(9) FEDERAL AGENCY SCORECARDS.— 
‘‘(A) IN GENERAL.—The Director of the Of-
fice of Management and Budget shall issue semi-
annual scorecards for energy management activi-
ties carried out by each Federal agency that in-
cludes— 
‘‘(i) summaries of the status of imple-
menting the various requirements of the 
agency and its energy managers under this 
subsection; and 
‘‘(ii) any other means of measuring 
performance that the Director considers ap-
propriate. 
‘‘(B) AVAILABILITY.—The Director shall 
make the scorecards required under this para-
314 
graph available to Congress, other Federal agen-
cies, and the public through the Internet. 
‘‘(10) FUNDING AND IMPLEMENTATION.— 
‘‘(A) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated 
such sums as are necessary to carry out this sub-
section. 
‘‘(B) FUNDING OPTIONS.— 
‘‘(i) IN GENERAL.—To carry out this 
subsection, a Federal agency may use any 
combination of— 
‘‘(I) appropriated funds made 
available under subparagraph (A); and 
‘‘(II) private financing otherwise 
authorized under Federal law, includ-
ing financing available through energy 
savings performance contracts or util-
ity energy service contracts. 
‘‘(ii) COMBINED
FUNDING
FOR
SAME 
MEASURE.—A Federal agency may use any 
combination of appropriated funds and pri-
vate financing described in clause (i) to 
carry out the same measure under this sub-
section.
315 
‘‘(C) 
IMPLEMENTATION.—Each 
Federal 
agency may implement the requirements under 
this subsection itself or may contract out per-
formance of some or all of the requirements. 
‘‘(11) RULE OF CONSTRUCTION.—This subsection 
shall not be construed to require or to obviate any 
contractor savings guarantees.’’. 
SEC. 433. FEDERAL BUILDING ENERGY EFFICIENCY PER-
FORMANCE STANDARDS. 
(a) STANDARDS.—Section 305(a)(3) of the Energy 
Conservation and Production Act (42 U.S.C. 6834(a)(3)) 
is amended by adding at the end the following new subpara-
graph: 
‘‘(D) Not later than 1 year after the date of enactment 
of the Energy Independence and Security Act of 2007, the 
Secretary shall establish, by rule, revised Federal building 
energy efficiency performance standards that require that: 
‘‘(i) For new Federal buildings and Federal 
buildings undergoing major renovations, with respect 
to which the Administrator of General Services is re-
quired to transmit a prospectus to Congress under 
section 3307 of title 40, United States Code, in the 
case of public buildings (as defined in section 3301 of 
title 40, United States Code), or of at least $2,500,000
316 
in costs adjusted annually for inflation for other 
buildings: 
‘‘(I) The buildings shall be designed so that 
the fossil fuel-generated energy consumption of 
the buildings is reduced, as compared with such 
energy consumption by a similar building in fis-
cal year 2003 (as measured by Commercial 
Buildings Energy Consumption Survey or Resi-
dential Energy Consumption Survey data from 
the Energy Information Agency), by the percent-
age specified in the following table: 
‘‘Fiscal Year 
Percentage Reduction
2010 .............................................................................
2015 .............................................................................
2020 .............................................................................
2025 .............................................................................
2030 .............................................................................
100. 
‘‘(II) Upon petition by an agency subject to 
this subparagraph, the Secretary may adjust the 
applicable numeric requirement under subclause 
(I) downward with respect to a specific building, 
if the head of the agency designing the building 
certifies in writing that meeting such require-
ment would be technically impracticable in light 
of the agency’s specified functional needs for that 
building and the Secretary concurs with the 
agency’s conclusion. This subclause shall not 
apply to the General Services Administration.
317 
‘‘(III) Sustainable design principles shall be 
applied to the siting, design, and construction of 
such buildings. Not later than 90 days after the 
date of enactment of the Energy Independence 
and Security Act of 2007, the Secretary, after re-
viewing the findings of the Federal Director 
under section 436(h) of that Act, in consultation 
with the Administrator of General Services, and 
in consultation with the Secretary of Defense for 
considerations relating to those facilities under 
the custody and control of the Department of De-
fense, shall identify a certification system and 
level for green buildings that the Secretary deter-
mines to be the most likely to encourage a com-
prehensive and environmentally-sound approach 
to certification of green buildings. The identifica-
tion of the certification system and level shall be 
based on a review of the Federal Director’s find-
ings under section 436(h) of the Energy Inde-
pendence and Security Act of 2007 and the cri-
teria specified in clause (iii), shall identify the 
highest level the Secretary determines is appro-
priate above the minimum level required for cer-
tification under the system selected, and shall 
achieve results at least comparable to the system
318 
used by and highest level referenced by the Gen-
eral Services Administration as of the date of en-
actment of the Energy Independence and Secu-
rity Act of 2007. Within 90 days of the comple-
tion of each study required by clause (iv), the 
Secretary, in consultation with the Adminis-
trator of General Services, and in consultation 
with the Secretary of Defense for considerations 
relating to those facilities under the custody and 
control of the Department of Defense, shall re-
view and update the certification system and 
level, taking into account the conclusions of such 
study. 
‘‘(ii) In establishing criteria for identifying 
major renovations that are subject to the requirements 
of this subparagraph, the Secretary shall take into ac-
count the scope, degree, and types of renovations that 
are likely to provide significant opportunities for sub-
stantial improvements in energy efficiency. 
‘‘(iii) In identifying the green building certifi-
cation system and level, the Secretary shall take into 
consideration— 
‘‘(I) the ability and availability of assessors 
and auditors to independently verify the criteria
319 
and measurement of metrics at the scale nec-
essary to implement this subparagraph; 
‘‘(II) the ability of the applicable certifi-
cation organization to collect and reflect public 
comment; 
‘‘(III) the ability of the standard to be de-
veloped and revised through a consensus-based 
process; 
‘‘(IV) an evaluation of the robustness of the 
criteria for a high-performance green building, 
which shall give credit for promoting— 
‘‘(aa) efficient and sustainable use of 
water, energy, and other natural resources; 
‘‘(bb) use of renewable energy sources; 
‘‘(cc) improved indoor environmental 
quality through enhanced indoor air qual-
ity, thermal comfort, acoustics, day light-
ing, pollutant source control, and use of 
low-emission materials and building system 
controls; and 
‘‘(dd) such other criteria as the Sec-
retary determines to be appropriate; and 
‘‘(V) national recognition within the build-
ing industry.
320 
‘‘(iv) At least once every five years, and in ac-
cordance with section 436 of the Energy Independence 
and Security Act of 2007, the Administrator of Gen-
eral Services shall conduct a study to evaluate and 
compare available third-party green building certifi-
cation systems and levels, taking into account the cri-
teria listed in clause (iii). 
‘‘(v) The Secretary may by rule allow Federal 
agencies to develop internal certification processes, 
using certified professionals, in lieu of certification by 
the certification entity identified under clause 
(i)(III). The Secretary shall include in any such rule 
guidelines to ensure that the certification process re-
sults in buildings meeting the applicable certification 
system and level identified under clause (i)(III). An 
agency employing an internal certification process 
must continue to obtain external certification by the 
certification entity identified under clause (i)(III) for 
at least 5 percent of the total number of buildings cer-
tified annually by the agency. 
‘‘(vi) With respect to privatized military hous-
ing, the Secretary of Defense, after consultation with 
the Secretary may, through rulemaking, develop alter-
native criteria to those established by subclauses (I) 
and (III) of clause (i) that achieve an equivalent re-
321 
sult in terms of energy savings, sustainable design, 
and green building performance. 
‘‘(vii) In addition to any use of water conserva-
tion technologies otherwise required by this section, 
water conservation technologies shall be applied to the 
extent that the technologies are life-cycle cost-effec-
tive.’’. 
(b) DEFINITIONS.—Section 303(6) of the Energy Con-
servation and Production Act (42 U.S.C. 6832(6)) is 
amended by striking ‘‘which is not legally subject to State 
or local building codes or similar requirements.’’ and in-
serting ‘‘. Such term shall include buildings built for the 
purpose of being leased by a Federal agency, and privatized 
military housing.’’. 
(c) REVISION
OF FEDERAL ACQUISITION REGULA-
TION.—Not later than 2 years after the date of the enact-
ment of this Act, the Federal Acquisition Regulation shall 
be revised to require Federal officers and employees to com-
ply with this section and the amendments made by this sec-
tion in the acquisition, construction, or major renovation 
of any facility. The members of the Federal Acquisition 
Regulatory Council (established under section 25 of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 421)) 
shall consult with the Federal Director and the Commercial
322 
Director before promulgating regulations to carry out this 
subsection. 
(d) GUIDANCE.—Not later than 90 days after the date 
of promulgation of the revised regulations under subsection 
(c), the Administrator for Federal Procurement Policy shall 
issue guidance to all Federal procurement executives pro-
viding direction and instructions to renegotiate the design 
of proposed facilities and major renovations for existing fa-
cilities to incorporate improvements that are consistent 
with this section. 
SEC. 434. MANAGEMENT OF FEDERAL BUILDING EFFI-
CIENCY . 
(a) LARGE CAPITAL ENERGY INVESTMENTS.—Section 
543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended by adding at the end the following: 
‘‘(f) LARGE CAPITAL ENERGY INVESTMENTS.— 
‘‘(1) IN GENERAL.—Each Federal agency shall 
ensure that any large capital energy investment in an 
existing building that is not a major renovation but 
involves replacement of installed equipment (such as 
heating and cooling systems), or involves renovation, 
rehabilitation, expansion, or remodeling of existing 
space, employs the most energy efficient designs, sys-
tems, equipment, and controls that are life-cycle cost 
effective.
323 
‘‘(2) PROCESS FOR REVIEW OF INVESTMENT DE-
CISIONS.—Not later than 180 days after the date of 
enactment of this subsection, each Federal agency 
shall— 
‘‘(A) develop a process for reviewing each 
decision made on a large capital energy invest-
ment described in paragraph (1) to ensure that 
the requirements of this subsection are met; and 
‘‘(B) report to the Director of the Office of 
Management and Budget on the process estab-
lished. 
‘‘(3) COMPLIANCE
REPORT.—Not later than 1 
year after the date of enactment of this subsection, the 
Director of the Office of Management and Budget 
shall evaluate and report to Congress on the compli-
ance of each agency with this subsection.’’. 
(b) METERING.—Section 543(e)(1) of the National En-
ergy Conservation Policy Act (42 U.S.C. 8253(e)(1)) is 
amended by inserting after the second sentence the fol-
lowing: ‘‘Not later than October 1, 2016, each agency shall 
provide for equivalent metering of natural gas and steam, 
in accordance with guidelines established by the Secretary 
under paragraph (2).’’.
324 
SEC. 435. LEASING. 
(a) IN GENERAL.—Except as provided in subsection 
(b), effective beginning on the date that is 3 years after the 
date of enactment of this Act, no Federal agency shall enter 
into a contract to lease space in a building that has not 
earned the Energy Star label in the most recent year. 
(b) EXCEPTION.— 
(1) APPLICATION.—This subsection applies if— 
(A) no space is available in a building de-
scribed in subsection (a) that meets the func-
tional requirements of an agency, including loca-
tional needs; 
(B) the agency proposes to remain in a 
building that the agency has occupied previously; 
(C) the agency proposes to lease a building 
of historical, architectural, or cultural signifi-
cance (as defined in section 3306(a)(4) of title 
40, United States Code) or space in such a 
building; or 
(D) the lease is for not more than 10,000 
gross square feet of space. 
(2) 
BUILDINGS
WITHOUT
ENERGY
STAR 
LABEL.—If 1 of the conditions described in paragraph 
(2) is met, the agency may enter into a contract to 
lease space in a building that has not earned the En-
ergy Star label in the most recent year if the lease
325 
contract includes provisions requiring that, prior to 
occupancy or, in the case of a contract described in 
paragraph (1)(B), not later than 1 year after signing 
the contract, the space will be renovated for all energy 
efficiency and conservation improvements that would 
be cost effective over the life of the lease, including im-
provements in lighting, windows, and heating, ven-
tilation, and air conditioning systems. 
(c) REVISION
OF FEDERAL ACQUISITION REGULA-
TION.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of the enactment of this Act, the Federal Ac-
quisition Regulation described in section 6(a) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 
405(a)) shall be revised to require Federal officers and 
employees to comply with this section in leasing 
buildings. 
(2) CONSULTATION.—The members of the Federal 
Acquisition Regulatory Council established under sec-
tion 25 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 421)) shall consult with the Federal 
Director and the Commercial Director before promul-
gating regulations to carry out this subsection.
326 
SEC. 436. HIGH-PERFORMANCE GREEN FEDERAL BUILD-
INGS. 
(a) ESTABLISHMENT OF OFFICE.—Not later than 60 
days after the date of enactment of this Act, the Adminis-
trator shall establish within the General Services Adminis-
tration an Office of Federal High-Performance Green 
Buildings, and appoint an individual to serve as Federal 
Director in, a position in the career-reserved Senior Execu-
tive service, to— 
(1) establish and manage the Office of Federal 
High-Performance Green Buildings; and 
(2) carry out other duties as required under this 
subtitle. 
(b) COMPENSATION.—The compensation of the Federal 
Director shall not exceed the maximum rate of basic pay 
for the Senior Executive Service under section 5382 of title 
5, United States Code, including any applicable locality- 
based comparability payment that may be authorized under 
section 5304(h)(2)(C) of that title. 
(c) DUTIES.—The Federal Director shall— 
(1) coordinate the activities of the Office of Fed-
eral High-Performance Green Buildings with the ac-
tivities of the Office of Commercial High-Performance 
Green Buildings, and the Secretary, in accordance 
with section 305(a)(3)(D) of the Energy Conservation 
and Production Act (42 U.S.C. 6834(a)(3)(D));
327 
(2) ensure full coordination of high-performance 
green building information and activities within the 
General Services Administration and all relevant 
agencies, including, at a minimum— 
(A) the Environmental Protection Agency; 
(B) the Office of the Federal Environmental 
Executive; 
(C) the Office of Federal Procurement Pol-
icy; 
(D) the Department of Energy; 
(E) the Department of Health and Human 
Services; 
(F) the Department of Defense; 
(G) the Department of Transportation; 
(H) the National Institute of Standards 
and Technology; and 
(I) the Office of Science and Technology 
Policy; 
(3) establish a senior-level Federal Green Build-
ing Advisory Committee under section 474, which 
shall provide advice and recommendations in accord-
ance with that section and subsection (d); 
(4) identify and every 5 years reassess improved 
or higher rating standards recommended by the Advi-
sory Committee;
328 
(5) ensure full coordination, dissemination of in-
formation regarding, and promotion of the results of 
research and development information relating to 
Federal high-performance green building initiatives; 
(6) identify and develop Federal high-perform-
ance green building standards for all types of Federal 
facilities, consistent with the requirements of this sub-
title and section 305(a)(3)(D) of the Energy Con-
servation 
and 
Production 
Act 
(42 
U.S.C. 
6834(a)(3)(D)); 
(7) establish green practices that can be used 
throughout the life of a Federal facility; 
(8) review and analyze current Federal budget 
practices and life-cycle costing issues, and make rec-
ommendations to Congress, in accordance with sub-
section (d); and 
(9) identify opportunities to demonstrate innova-
tive and emerging green building technologies and 
concepts. 
(d) ADDITIONAL DUTIES.—The Federal Director, in 
consultation with the Commercial Director and the Advi-
sory Committee, and consistent with the requirements of 
section 305(a)(3)(D) of the Energy Conservation and Pro-
duction Act (42 U.S.C. 6834(a)(3)(D)) shall—
329 
(1) identify, review, and analyze current budget 
and contracting practices that affect achievement of 
high-performance green buildings, including the iden-
tification of barriers to high-performance green build-
ing life-cycle costing and budgetary issues; 
(2) develop guidance and conduct training ses-
sions with budget specialists and contracting per-
sonnel from Federal agencies and budget examiners to 
apply life-cycle cost criteria to actual projects; 
(3) identify tools to aid life-cycle cost decision-
making; and 
(4) explore the feasibility of incorporating the 
benefits of high-performance green buildings, such as 
security benefits, into a cost-budget analysis to aid in 
life-cycle costing for budget and decisionmaking proc-
esses. 
(e) INCENTIVES.—Within 90 days after the date of en-
actment of this Act, the Federal Director shall identify in-
centives to encourage the expedited use of high-performance 
green buildings and related technology in the operations of 
the Federal Government, in accordance with the require-
ments of section 305(a)(3)(D) of the Energy Conservation 
and Production Act (42 U.S.C. 6834(a)(3)(D)), including 
through— 
(1) the provision of recognition awards; and
330 
(2) the maximum feasible retention of financial 
savings in the annual budgets of Federal agencies for 
use in reinvesting in future high-performance green 
building initiatives. 
(f) REPORT.—Not later than 2 years after the date of 
enactment of this Act, and biennially thereafter, the Federal 
Director, in consultation with the Secretary, shall submit 
to Congress a report that— 
(1) describes the status of compliance with this 
subtitle, the requirements of section 305(a)(3)(D) of 
the Energy Conservation and Production Act (42 
U.S.C. 6834(a)(3)(D)), and other Federal high-per-
formance green building initiatives in effect as of the 
date of the report, including— 
(A) the extent to which the programs are 
being carried out in accordance with this subtitle 
and the requirements of section 305(a)(3)(D) of 
that Act; and 
(B) the status of funding requests and ap-
propriations for those programs; 
(2) identifies within the planning, budgeting, 
and construction process all types of Federal facility 
procedures that may affect the certification of new 
and existing Federal facilities as high-performance 
green buildings under the provisions of section
331 
305(a)(3)(D) of that Act and the criteria established 
in subsection (h); 
(3) identifies inconsistencies, as reported to the 
Advisory Committee, in Federal law with respect to 
product acquisition guidelines and high-performance 
product guidelines; 
(4) recommends language for uniform standards 
for use by Federal agencies in environmentally re-
sponsible acquisition; 
(5) in coordination with the Office of Manage-
ment and Budget, reviews the budget process for cap-
ital programs with respect to alternatives for— 
(A) restructuring of budgets to require the 
use of complete energy and environmental cost 
accounting; 
(B) using operations expenditures in budg-
et-related decisions while simultaneously incor-
porating productivity and health measures (as 
those measures can be quantified by the Office of 
Federal High-Performance Green Buildings, 
with the assistance of universities and national 
laboratories); 
(C) streamlining measures for permitting 
Federal agencies to retain all identified savings 
accrued as a result of the use of life-cycle costing
332 
for future high-performance green building ini-
tiatives; and 
(D) identifying short-term and long-term 
cost savings that accrue from high-performance 
green buildings, including those relating to 
health and productivity; 
(6) identifies green, self-sustaining technologies 
to address the operational needs of Federal facilities 
in times of national security emergencies, natural dis-
asters, or other dire emergencies; 
(7) summarizes and highlights development, at 
the State and local level, of high-performance green 
building initiatives, including executive orders, poli-
cies, or laws adopted promoting high-performance 
green building (including the status of implementa-
tion of those initiatives); and 
(8) includes, for the 2-year period covered by the 
report, recommendations to address each of the mat-
ters, and a plan for implementation of each rec-
ommendation, described in paragraphs (1) through 
(7). 
(g) IMPLEMENTATION.—The Office of Federal High- 
Performance Green Buildings shall carry out each plan for 
implementation of recommendations under subsection 
(f)(8).
333 
(h) IDENTIFICATION OF CERTIFICATION SYSTEM.— 
(1) IN GENERAL.—For the purpose of this sec-
tion, not later than 60 days after the date of enact-
ment of this Act, the Federal Director shall identify 
and shall provide to the Secretary pursuant to section 
305(a)(3)(D) of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6834(a)(3)(D)), a certification 
system that the Director determines to be the most 
likely to encourage a comprehensive and environ-
mentally-sound approach to certification of green 
buildings. 
(2) BASIS.—The system identified under para-
graph (1) shall be based on— 
(A) a study completed every 5 years and 
provided to the Secretary pursuant to section 
305(a)(3)(D) of that Act, which shall be carried 
out by the Federal Director to compare and 
evaluate standards; 
(B) the ability and availability of assessors 
and auditors to independently verify the criteria 
and measurement of metrics at the scale nec-
essary to implement this subtitle; 
(C) the ability of the applicable standard- 
setting organization to collect and reflect public 
comment;
334 
(D) the ability of the standard to be devel-
oped and revised through a consensus-based proc-
ess; 
(E) an evaluation of the robustness of the 
criteria for a high performance green building, 
which shall give credit for promoting— 
(i) efficient and sustainable use of 
water, energy, and other natural resources; 
(ii) use of renewable energy sources; 
(iii) improved indoor environmental 
quality through enhanced indoor air qual-
ity, thermal comfort, acoustics, day light-
ing, pollutant source control, and use of 
low-emission materials and building system 
controls; 
(iv) reduced impacts from transpor-
tation through building location and site 
design that promote access by public trans-
portation; and 
(v) such other criteria as the Federal 
Director determines to be appropriate; and 
(F) national recognition within the build-
ing industry.
335 
SEC. 437. FEDERAL GREEN BUILDING PERFORMANCE. 
(a) IN GENERAL.—Not later than October 31 of each 
of the 2 fiscal years following the fiscal year in which this 
Act is enacted, and at such times thereafter as the Comp-
troller General of the United States determines to be appro-
priate, the Comptroller General of the United States shall, 
with respect to the fiscal years that have passed since the 
preceding report— 
(1) conduct an audit of the implementation of 
this subtitle, section 305(a)(3)(D) of the Energy Con-
servation 
and 
Production 
Act 
(42 
U.S.C. 
6834(a)(3)(D)), and section 435; and 
(2) submit to the Federal Director, the Advisory 
Committee, the Administrator, and Congress a report 
describing the results of the audit. 
(b) CONTENTS.—An audit under subsection (a) shall 
include a review, with respect to the period covered by the 
report under subsection (a)(2), of— 
(1) budget, life-cycle costing, and contracting 
issues, using best practices identified by the Comp-
troller General of the United States and heads of other 
agencies in accordance with section 436(d); 
(2) the level of coordination among the Federal 
Director, the Office of Management and Budget, the 
Department of Energy, and relevant agencies;
336 
(3) the performance of the Federal Director and 
other agencies in carrying out the implementation 
plan; 
(4) the design stage of high-performance green 
building measures; 
(5) high-performance building data that were 
collected and reported to the Office; and 
(6) such other matters as the Comptroller Gen-
eral of the United States determines to be appro-
priate. 
(c) ENVIRONMENTAL STEWARDSHIP SCORECARD.— 
The Federal Director shall consult with the Advisory Com-
mittee to enhance, and assist in the implementation of, the 
Office of Management and Budget government efficiency re-
ports and scorecards under section 528 and the Environ-
mental Stewardship Scorecard announced at the White 
House summit on Federal sustainable buildings in January 
2006, to measure the implementation by each Federal agen-
cy of sustainable design and green building initiatives. 
SEC. 438. STORM WATER RUNOFF REQUIREMENTS FOR FED-
ERAL DEVELOPMENT PROJECTS. 
The sponsor of any development or redevelopment 
project involving a Federal facility with a footprint that 
exceeds 5,000 square feet shall use site planning, design, 
construction, and maintenance strategies for the property
337 
to maintain or restore, to the maximum extent technically 
feasible, the predevelopment hydrology of the property with 
regard to the temperature, rate, volume, and duration of 
flow. 
SEC. 439. COST-EFFECTIVE TECHNOLOGY ACCELERATION 
PROGRAM. 
(a) DEFINITION OF ADMINISTRATOR.—In this section, 
the term ‘‘Administrator’’ means the Administrator of Gen-
eral Services. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Administrator shall es-
tablish a program to accelerate the use of more cost- 
effective technologies and practices at GSA facilities. 
(2) REQUIREMENTS.—The program established 
under this subsection shall— 
(A) ensure centralized responsibility for the 
coordination 
of 
cost 
reduction-related 
rec-
ommendations, practices, and activities of all 
relevant Federal agencies; 
(B) provide technical assistance and oper-
ational guidance to applicable tenants to achieve 
the goal identified in subsection (c)(2)(B)(ii); 
(C) establish methods to track the success of 
Federal departments and agencies with respect to 
that goal; and
338 
(D) be fully coordinated with and no less 
stringent nor less energy-conserving or water- 
conserving than required by other provisions of 
this Act and other applicable law, including sec-
tions 321 through 324, 431 through 438, 461, 
511 through 518, and 523 through 525 and 
amendments made by those sections. 
(c) ACCELERATED USE OF TECHNOLOGIES.— 
(1) REVIEW.— 
(A) IN GENERAL.—As part of the program 
under this section, not later than 90 days after 
the date of enactment of this Act, the Adminis-
trator shall conduct a review of— 
(i) current use of cost-effective lighting 
technologies and geothermal heat pumps in 
GSA facilities; and 
(ii) the availability to managers of 
GSA facilities of cost-effective lighting tech-
nologies and geothermal heat pumps. 
(B) REQUIREMENTS.—The review under 
subparagraph (A) shall— 
(i) examine the use of cost-effective 
lighting 
technologies, 
geothermal 
heat 
pumps, and other cost-effective technologies
339 
and practices by Federal agencies in GSA 
facilities; and 
(ii) as prepared in consultation with 
the Administrator of the Environmental 
Protection Agency, identify cost-effective 
lighting technology and geothermal heat 
pump technology standards that could be 
used for all types of GSA facilities. 
(2) REPLACEMENT.— 
(A) IN GENERAL.—As part of the program 
under this section, not later than 180 days after 
the date of enactment of this Act, the Adminis-
trator shall establish, using available appropria-
tions and programs implementing sections 432 
and 525 (and amendments made by those sec-
tions), a cost-effective lighting technology and 
geothermal heat pump technology acceleration 
program to achieve maximum feasible replace-
ment of existing lighting, heating, cooling tech-
nologies with cost-effective lighting technologies 
and geothermal heat pump technologies in each 
GSA facility. Such program shall fully comply 
with the requirements of sections 321 through 
324, 431 through 438, 461, 511 through 518, and 
523 through 525 and amendments made by those
340 
sections and any other provisions of law, which 
shall be applicable to the extent that they are 
more stringent or would achieve greater energy 
savings than required by this section. 
(B) ACCELERATION PLAN TIMETABLE.— 
(i) IN
GENERAL.—To implement the 
program established under subparagraph 
(A), not later than 1 year after the date of 
enactment of this Act, the Administrator 
shall establish a timetable of actions to com-
ply with the requirements of this section 
and sections 431 through 435, whichever 
achieves greater energy savings most expedi-
tiously, including milestones for specific ac-
tivities needed to replace existing lighting, 
heating, cooling technologies with cost-effec-
tive lighting technologies and geothermal 
heat pump technologies, to the maximum 
extent feasible (including at the maximum 
rate feasible), at each GSA facility. 
(ii) GOAL.—The goal of the timetable 
under clause (i) shall be to complete, using 
available appropriations and programs im-
plementing sections 431 through 435 (and 
amendments made by those sections), max-
341 
imum feasible replacement of existing light-
ing, heating, and cooling technologies with 
cost-effective lighting technologies and geo-
thermal heat pump technologies consistent 
with the requirements of this section and 
sections 
431 
through 
435, 
whichever 
achieves greater energy savings most expedi-
tiously. Notwithstanding any provision of 
this section, such program shall fully com-
ply with the requirements of the Act includ-
ing sections 321 through 324, 431 through 
438, 461, 511 through 518, and 523 through 
525 and amendments made by those sec-
tions and other provisions of law, which 
shall be applicable to the extent that they 
are more stringent or would achieve greater 
energy or water savings than required by 
this section. 
(d) GSA FACILITY TECHNOLOGIES AND PRACTICES.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, and annually there-
after, the Administrator shall— 
(A) ensure that a manager responsible for 
implementing section 432 and for accelerating
342 
the use of cost-effective technologies and practices 
is designated for each GSA facility; and 
(B) submit to Congress a plan to comply 
with section 432, this section, and other applica-
ble provisions of this Act and applicable law 
with respect to energy and water conservation at 
GSA facilities. 
(2) MEASURES.—The plan shall implement 
measures required by such other provisions of law in 
accordance with those provisions, and shall imple-
ment the measures required by this section to the 
maximum extent feasible (including at the maximum 
rate feasible) using available appropriations and pro-
grams implementing sections 431 through 435 and 
525 (and amendments made by those sections), by not 
later than the date that is 5 years after the date of 
enactment of this Act. 
(3) CONTENTS OF PLAN.—The plan shall— 
(A) with respect to cost-effective technologies 
and practices— 
(i) identify the specific activities need-
ed to comply with sections 431 through 435; 
(ii) identify the specific activities need-
ed to achieve at least a 20-percent reduction 
in operational costs through the application
343 
of cost-effective technologies and practices 
from 2003 levels at GSA facilities by not 
later than 5 years after the date of enact-
ment of this Act; 
(iii) describe activities required and 
carried out to estimate the funds necessary 
to achieve the reduction described in clauses 
(i) and (ii); 
(B) include an estimate of the funds nec-
essary to carry out this section; 
(C) describe the status of the implementa-
tion of cost-effective technologies and practices at 
GSA facilities, including— 
(i) the extent to which programs, in-
cluding the program established under sub-
section (b), are being carried out in accord-
ance with this subtitle; and 
(ii) the status of funding requests and 
appropriations for those programs; 
(D) identify within the planning, budg-
eting, and construction processes, all types of 
GSA facility-related procedures that inhibit new 
and existing GSA facilities from implementing 
cost-effective technologies;
344 
(E) recommend language for uniform stand-
ards for use by Federal agencies in imple-
menting cost-effective technologies and practices; 
(F) in coordination with the Office of Man-
agement and Budget, review the budget process 
for capital programs with respect to alternatives 
for— 
(i) implementing measures that will 
assure that Federal agencies retain all iden-
tified savings accrued as a result of the use 
of cost-effective technologies, consistent with 
section 543(a)(1) of the National Energy 
Conservation 
Policy 
Act 
(42 
U.S.C. 
8253(a)(1), and other applicable law; and 
(ii) identifying short- and long-term 
cost savings that accrue from the use of cost- 
effective technologies and practices; 
(G) with respect to cost-effective technologies 
and practices, achieve substantial operational 
cost savings through the application of the tech-
nologies; and 
(H) include recommendations to address 
each of the matters, and a plan for implementa-
tion of each recommendation, described in sub-
paragraphs (A) through (G).
345 
(4) 
ADMINISTRATION.—Notwithstanding 
any 
provision of this section, the program required under 
this section shall fully comply with the requirements 
of sections 321 through 324, 431 through 438, 461, 
511 through 518, and 523 through 525 and amend-
ments made by those sections, which shall be applica-
ble to the extent that they are more stringent or would 
achieve greater energy or water savings than required 
by this section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section, to remain available until ex-
pended. 
SEC. 440. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
sections 434 through 439 and 482 $4,000,000 for each of 
fiscal years 2008 through 2012, to remain available until 
expended. 
SEC. 441. PUBLIC BUILDING LIFE-CYCLE COSTS. 
Section 544(a)(1) of the National Energy Conservation 
Policy Act (42 U.S.C. 8254(a)(1)) is amended by striking 
‘‘25’’ and inserting ‘‘40’’.
346 
Subtitle D—Industrial Energy 
Efficiency 
SEC. 451. INDUSTRIAL ENERGY EFFICIENCY. 
(a) IN GENERAL.—Title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6291 et seq.) is amended by 
inserting after part D the following: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘SEC. 371. DEFINITIONS. 
‘‘In this part: 
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) COMBINED HEAT AND POWER.—The term 
‘combined heat and power system’ means a facility 
that— 
‘‘(A) simultaneously and efficiently pro-
duces useful thermal energy and electricity; and 
‘‘(B) recovers not less than 60 percent of the 
energy value in the fuel (on a higher-heating- 
value basis) in the form of useful thermal energy 
and electricity. 
‘‘(3) NET EXCESS POWER.—The term ‘net excess 
power’ means, for any facility, recoverable waste en-
ergy recovered in the form of electricity in quantities 
exceeding the total consumption of electricity at the
347 
specific time of generation on the site at which the fa-
cility is located. 
‘‘(4) PROJECT.—The term ‘project’ means a re-
coverable waste energy project or a combined heat and 
power system project. 
‘‘(5) RECOVERABLE WASTE ENERGY.—The term 
‘recoverable waste energy’ means waste energy from 
which electricity or useful thermal energy may be re-
covered through modification of an existing facility or 
addition of a new facility. 
‘‘(6) REGISTRY.—The term ‘Registry’ means the 
Registry of Recoverable Waste Energy Sources estab-
lished under section 372(d). 
‘‘(7) USEFUL
THERMAL
ENERGY.—The term 
‘useful thermal energy’ means energy— 
‘‘(A) in the form of direct heat, steam, hot 
water, or other thermal form that is used in pro-
duction and beneficial measures for heating, 
cooling, humidity control, process use, or other 
valid thermal end-use energy requirements; and 
‘‘(B) for which fuel or electricity would oth-
erwise be consumed. 
‘‘(8) WASTE ENERGY.—The term ‘waste energy’ 
means—
348 
‘‘(A) exhaust heat or flared gas from any 
industrial process; 
‘‘(B) waste gas or industrial tail gas that 
would otherwise be flared, incinerated, or vented; 
‘‘(C) a pressure drop in any gas, excluding 
any pressure drop to a condenser that subse-
quently vents the resulting heat; and 
‘‘(D) such other forms of waste energy as the 
Administrator may determine. 
‘‘(9) OTHER TERMS.—The terms ‘electric utility’, 
‘nonregulated electric utility’, ‘State regulated electric 
utility’, and other terms have the meanings given 
those terms in title I of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2611 et seq.). 
‘‘SEC. 372. SURVEY AND REGISTRY. 
‘‘(a) RECOVERABLE WASTE ENERGY INVENTORY PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Administrator, in co-
operation with the Secretary and State energy offices, 
shall establish a recoverable waste energy inventory 
program. 
‘‘(2) SURVEY.—The program shall include— 
‘‘(A) an ongoing survey of all major indus-
trial and large commercial combustion sources 
in the United States (as defined by the Adminis-
349 
trator) and the sites at which the sources are lo-
cated; and 
‘‘(B) a review of each source for the quan-
tity and quality of waste energy produced at the 
source. 
‘‘(b) CRITERIA.— 
‘‘(1) IN
GENERAL.—Not later than 270 days 
after the date of enactment of the Energy Independ-
ence and Security Act of 2007, the Administrator 
shall publish a rule for establishing criteria for in-
cluding sites in the Registry. 
‘‘(2) INCLUSIONS.—The criteria shall include— 
‘‘(A) a requirement that, to be included in 
the Registry, a project at the site shall be deter-
mined to be economically feasible by virtue of of-
fering a payback of invested costs not later than 
5 years after the date of first full project oper-
ation (including incentives offered under this 
part); 
‘‘(B) standards to ensure that projects pro-
posed for inclusion in the Registry are not devel-
oped or used for the primary purpose of making 
sales of excess electric power under the regulatory 
provisions of this part; and
350 
‘‘(C) procedures for contesting the listing of 
any source or site on the Registry by any State, 
utility, or other interested person. 
‘‘(c) TECHNICAL SUPPORT.—On the request of the 
owner or operator of a source or site included in the Reg-
istry, the Secretary shall— 
‘‘(1) provide to owners or operators of combus-
tion sources technical support; and 
‘‘(2) offer partial funding (in an amount equal 
to not more than 1⁄2 of total costs) for feasibility stud-
ies to confirm whether or not investment in recovery 
of waste energy or combined heat and power at a 
source would offer a payback period of 5 years or less. 
‘‘(d) REGISTRY.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the Energy Inde-
pendence and Security Act of 2007, the Adminis-
trator shall establish a Registry of Recoverable 
Waste Energy Sources, and sites on which the 
sources are located, that meet the criteria estab-
lished under subsection (b). 
‘‘(B) UPDATES; AVAILABILITY.—The Ad-
ministrator shall—
351 
‘‘(i) update the Registry on a regular 
basis; and 
‘‘(ii) make the Registry available to the 
public on the website of the Environmental 
Protection Agency. 
‘‘(C) CONTESTING
LISTING.—Any State, 
electric utility, or other interested person may 
contest the listing of any source or site by sub-
mitting a petition to the Administrator. 
‘‘(2) CONTENTS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall register and include on the Registry all 
sites meeting the criteria established under sub-
section (b). 
‘‘(B) QUANTITY
OF
RECOVERABLE
WASTE 
ENERGY.—The Administrator shall— 
‘‘(i) calculate the total quantities of po-
tentially recoverable waste energy from 
sources at the sites, nationally and by 
State; and 
‘‘(ii) make public— 
‘‘(I) the total quantities described 
in clause (i); and 
‘‘(II) information on the criteria 
pollutant and greenhouse gas emissions
352 
savings that might be achieved with re-
covery of the waste energy from all 
sources and sites listed on the Registry. 
‘‘(3) AVAILABILITY OF INFORMATION.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall notify owners or operators of recoverable 
waste energy sources and sites listed on the Reg-
istry prior to publishing the listing. 
‘‘(B) DETAILED
QUANTITATIVE
INFORMA-
TION.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), the owner or operator of a 
source at a site may elect to have detailed 
quantitative information concerning the site 
not made public by notifying the Adminis-
trator of the election. 
‘‘(ii) LIMITED AVAILABILITY.—The in-
formation shall be made available to— 
‘‘(I) the applicable State energy 
office; and 
‘‘(II) any utility requested to sup-
port recovery of waste energy from the 
source pursuant to the incentives pro-
vided under section 374.
353 
‘‘(iii) 
STATE
TOTALS.—Information 
concerning the site shall be included in the 
total quantity of recoverable waste energy 
for a State unless there are fewer than 3 
sites in the State. 
‘‘(4) REMOVAL OF PROJECTS FROM REGISTRY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), as a project achieves successful recov-
ery of waste energy, the Administrator shall— 
‘‘(i) remove the related sites or sources 
from the Registry; and 
‘‘(ii) designate the removed projects as 
eligible for incentives under section 374. 
‘‘(B) LIMITATION.—No project shall be re-
moved from the Registry without the consent of 
the owner or operator of the project if— 
‘‘(i) the owner or operator has sub-
mitted a petition under section 374; and 
‘‘(ii) the petition has not been acted on 
or denied. 
‘‘(5) INELIGIBILITY OF CERTAIN SOURCES.—The 
Administrator shall not list any source constructed 
after the date of the enactment of the Energy Inde-
pendence and Security Act of 2007 on the Registry if 
the Administrator determines that the source—
354 
‘‘(A) was developed for the primary purpose 
of making sales of excess electric power under the 
regulatory provisions of this part; or 
‘‘(B) does not capture at least 60 percent of 
the total energy value of the fuels used (on a 
higher-heating-value basis) in the form of useful 
thermal energy, electricity, mechanical energy, 
chemical output, or any combination thereof. 
‘‘(e) SELF-CERTIFICATION.— 
‘‘(1) IN GENERAL.—Subject to any procedures 
that are established by the Administrator, an owner, 
operator, or third-party developer of a recoverable 
waste energy project that qualifies under standards 
established by the Administrator may self-certify the 
sites or sources of the owner, operator, or developer to 
the Administrator for inclusion in the Registry. 
‘‘(2) REVIEW
AND
APPROVAL.—To prevent a 
fraudulent listing, a site or source shall be included 
on the Registry only if the Administrator reviews and 
approves the self-certification. 
‘‘(f) NEW FACILITIES.—As a new energy-consuming 
industrial facility is developed after the date of enactment 
of the Energy Independence and Security Act of 2007, to 
the extent the facility may constitute a site with recoverable 
waste energy that may qualify for inclusion on the Reg-
355 
istry, the Administrator may elect to include the facility 
on the Registry, at the request of the owner, operator, or 
developer of the facility, on a conditional basis with the 
site to be removed from the Registry if the development 
ceases or the site fails to qualify for listing under this part. 
‘‘(g) OPTIMUM MEANS OF RECOVERY.—For each site 
listed in the Registry, at the request of the owner or operator 
of the site, the Administrator shall offer, in cooperation with 
Clean Energy Application Centers operated by the Sec-
retary of Energy, suggestions for optimum means of recov-
ery of value from waste energy stream in the form of elec-
tricity, useful thermal energy, or other energy-related prod-
ucts. 
‘‘(h) REVISION.—Each annual report of a State under 
section 548(a) of the National Energy Conservation Policy 
Act (42 U.S.C. 8258(a)) shall include the results of the sur-
vey for the State under this section. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to— 
‘‘(1) the Administrator to create and maintain 
the Registry and services authorized by this section, 
$1,000,000 for each of fiscal years 2008 through 2012; 
and 
‘‘(2) the Secretary—
356 
‘‘(A) to assist site or source owners and op-
erators in determining the feasibility of projects 
authorized by this section, $2,000,000 for each of 
fiscal years 2008 through 2012; and 
‘‘(B) to provide funding for State energy of-
fice functions under this section, $5,000,000. 
‘‘SEC. 373. WASTE ENERGY RECOVERY INCENTIVE GRANT 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
in the Department of Energy a waste energy recovery incen-
tive grant program to provide incentive grants to— 
‘‘(1) owners and operators of projects that suc-
cessfully produce electricity or incremental useful 
thermal energy from waste energy recovery; 
‘‘(2) utilities purchasing or distributing the elec-
tricity; and 
‘‘(3) States that have achieved 80 percent or 
more of recoverable waste heat recovery opportunities. 
‘‘(b) GRANTS TO PROJECTS AND UTILITIES.— 
‘‘(1) IN
GENERAL.—The Secretary shall make 
grants under this section— 
‘‘(A) to the owners or operators of waste en-
ergy recovery projects; and 
‘‘(B) in the case of excess power purchased 
or transmitted by a electric utility, to the utility.
357 
‘‘(2) PROOF.—Grants may only be made under 
this section on receipt of proof of waste energy recov-
ery or excess electricity generation, or both, from the 
project in a form prescribed by the Secretary. 
‘‘(3) EXCESS ELECTRIC ENERGY.— 
‘‘(A) IN GENERAL.—In the case of waste en-
ergy recovery, a grant under this section shall be 
made at the rate of $10 per megawatt hour of 
documented electricity produced from recoverable 
waste energy (or by prevention of waste energy 
in the case of a new facility) by the project dur-
ing the first 3 calendar years of production, be-
ginning on or after the date of enactment of the 
Energy Independence and Security Act of 2007. 
‘‘(B) UTILITIES.—If the project produces 
net excess power and an electric utility pur-
chases or transmits the excess power, 50 percent 
of so much of the grant as is attributable to the 
net excess power shall be paid to the electric util-
ity purchasing or transporting the net excess 
power. 
‘‘(4) USEFUL THERMAL ENERGY.—In the case of 
waste energy recovery that produces useful thermal 
energy that is used for a purpose different from that 
for which the project is principally designed, a grant
358 
under this section shall be made to the owner or oper-
ator of the waste energy recovery project at the rate 
of $10 for each 3,412,000 Btus of the excess thermal 
energy used for the different purpose. 
‘‘(c) GRANTS TO STATES.—In the case of any State 
that has achieved 80 percent or more of waste heat recovery 
opportunities identified by the Secretary under this part, 
the Administrator shall make a 1-time grant to the State 
in an amount of not more than $1,000 per megawatt of 
waste-heat capacity recovered (or a thermal equivalent) to 
support State-level programs to identify and achieve addi-
tional energy efficiency. 
‘‘(d) ELIGIBILITY.—The Secretary shall— 
‘‘(1) establish rules and guidelines to establish 
eligibility for grants under subsection (b); 
‘‘(2) publicize the availability of the grant pro-
gram known to owners or operators of recoverable 
waste energy sources and sites listed on the Registry; 
and 
‘‘(3) award grants under the program on the 
basis of the merits of each project in recovering or 
preventing waste energy throughout the United States 
on an impartial, objective, and not unduly discrimi-
natory basis.
359 
‘‘(e) LIMITATION.—The Secretary shall not award 
grants to any person for a combined heat and power project 
or a waste heat recovery project that qualifies for specific 
Federal tax incentives for combined heat and power or for 
waste heat recovery. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary— 
‘‘(1) to make grants to projects and utilities 
under subsection (b)— 
‘‘(A) $100,000,000 for fiscal year 2008 and 
$200,000,000 for each of fiscal years 2009 
through 2012; and 
‘‘(B) such additional amounts for fiscal 
year 2008 and each fiscal year thereafter as may 
be necessary for administration of the waste en-
ergy recovery incentive grant program; and 
‘‘(2) to make grants to States under subsection 
(b), $10,000,000 for each of fiscal years 2008 through 
2012, to remain available until expended. 
‘‘SEC. 374. ADDITIONAL INCENTIVES FOR RECOVERY, USE, 
AND PREVENTION OF INDUSTRIAL WASTE EN-
ERGY. 
‘‘(a) CONSIDERATION OF STANDARD.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the receipt by a State regulatory authority (with
360 
respect to each electric utility for which the authority 
has ratemaking authority), or nonregulated electric 
utility, of a request from a project sponsor or owner 
or operator, the State regulatory authority or non-
regulated electric utility shall— 
‘‘(A) provide public notice and conduct a 
hearing respecting the standard established by 
subsection (b); and 
‘‘(B) on the basis of the hearing, consider 
and make a determination whether or not it is 
appropriate to implement the standard to carry 
out the purposes of this part. 
‘‘(2) RELATIONSHIP TO STATE LAW.—For pur-
poses of any determination under paragraph (1) and 
any review of the determination in any court, the 
purposes of this section supplement otherwise applica-
ble State law. 
‘‘(3) NONADOPTION OF STANDARD.—Nothing in 
this part prohibits any State regulatory authority or 
nonregulated electric utility from making any deter-
mination that it is not appropriate to adopt any 
standard described in paragraph (1), pursuant to au-
thority under otherwise applicable State law. 
‘‘(b) STANDARD FOR SALES OF EXCESS POWER.—For 
purposes of this section, the standard referred to in sub-
361 
section (a) shall provide that an owner or operator of a 
waste energy recovery project identified on the Registry that 
generates net excess power shall be eligible to benefit from 
at least 1 of the options described in subsection (c) for dis-
posal of the net excess power in accordance with the rate 
conditions and limitations described in subsection (d). 
‘‘(c) OPTIONS.—The options referred to in subsection 
(b) are as follows: 
‘‘(1) SALE OF NET EXCESS POWER TO UTILITY.— 
The electric utility shall purchase the net excess power 
from the owner or operator of the eligible waste en-
ergy recovery project during the operation of the 
project under a contract entered into for that purpose. 
‘‘(2) TRANSPORT BY UTILITY FOR DIRECT SALE 
TO THIRD PARTY.—The electric utility shall transmit 
the net excess power on behalf of the project owner or 
operator to up to 3 separate locations on the system 
of the utility for direct sale by the owner or operator 
to third parties at those locations. 
‘‘(3) TRANSPORT OVER PRIVATE TRANSMISSION 
LINES.—The State and the electric utility shall per-
mit, and shall waive or modify such laws as would 
otherwise prohibit, the construction and operation of 
private electric wires constructed, owned, and oper-
ated by the project owner or operator, to transport the
362 
power to up to 3 purchasers within a 3-mile radius 
of the project, allowing the wires to use or cross public 
rights-of-way, without subjecting the project to regula-
tion as a public utility, and according the wires the 
same treatment for safety, zoning, land use, and other 
legal privileges as apply or would apply to the wires 
of the utility, except that— 
‘‘(A) there shall be no grant of any power 
of eminent domain to take or cross private prop-
erty for the wires; and 
‘‘(B) the wires shall be physically segregated 
and not interconnected with any portion of the 
system of the utility, except on the customer side 
of the revenue meter of the utility and in a man-
ner that precludes any possible export of the elec-
tricity onto the utility system, or disruption of 
the system. 
‘‘(4) AGREED
ON
ALTERNATIVES.—The utility 
and the owner or operator of the project may reach 
agreement on any alternate arrangement and pay-
ments or rates associated with the arrangement that 
is mutually satisfactory and in accord with State 
law. 
‘‘(d) RATE CONDITIONS AND CRITERIA.— 
‘‘(1) DEFINITIONS.—In this subsection:
363 
‘‘(A) PER UNIT DISTRIBUTION COSTS.—The 
term ‘per unit distribution costs’ means (in kilo-
watt hours) the quotient obtained by dividing— 
‘‘(i) the depreciated book-value dis-
tribution system costs of a utility; by 
‘‘(ii) the volume of utility electricity 
sales or transmission during the previous 
year at the distribution level. 
‘‘(B) PER UNIT DISTRIBUTION MARGIN.— 
The 
term 
‘per 
unit 
distribution 
margin’ 
means— 
‘‘(i) in the case of a State-regulated 
electric utility, a per-unit gross pretax prof-
it equal to the product obtained by multi-
plying— 
‘‘(I) the State-approved percentage 
rate of return for the utility for dis-
tribution system assets; by 
‘‘(II) the per unit distribution 
costs; and 
‘‘(ii) in the case of a nonregulated util-
ity, a per unit contribution to net revenues 
determined multiplying—
364 
‘‘(I) the percentage (but not less 
than 10 percent) obtained by divid-
ing— 
‘‘(aa) the amount of any net 
revenue payment or contribution 
to the owners or subscribers of the 
nonregulated utility during the 
prior year; by 
‘‘(bb) the gross revenues of 
the utility during the prior year 
to obtain a percentage; by 
‘‘(II) the per unit distribution 
costs. 
‘‘(C) PER UNIT TRANSMISSION COSTS.—The 
term ‘per unit transmission costs’ means the 
total cost of those transmission services pur-
chased or provided by a utility on a per-kilo-
watt-hour basis as included in the retail rate of 
the utility. 
‘‘(2) OPTIONS.—The options described in para-
graphs (1) and (2) in subsection (c) shall be offered 
under purchase and transport rate conditions that re-
flect the rate components defined under paragraph (1) 
as applicable under the circumstances described in 
paragraph (3).
365 
‘‘(3) APPLICABLE RATES.— 
‘‘(A) RATES APPLICABLE TO SALE OF NET 
EXCESS POWER.— 
‘‘(i) IN GENERAL.—Sales made by a 
project owner or operator of a facility under 
the option described in subsection (c)(1) 
shall be paid for on a per kilowatt hour 
basis that shall equal the full undiscounted 
retail rate paid to the utility for power pur-
chased by the facility minus per unit dis-
tribution costs, that applies to the type of 
utility purchasing the power. 
‘‘(ii) VOLTAGES EXCEEDING 25 KILO-
VOLTS.—If the net excess power is made 
available for purchase at voltages that must 
be transformed to or from voltages exceeding 
25 kilovolts to be available for resale by the 
utility, the purchase price shall further be 
reduced by per unit transmission costs. 
‘‘(B) RATES APPLICABLE TO TRANSPORT BY 
UTILITY FOR DIRECT SALE TO THIRD PARTIES.— 
‘‘(i) IN GENERAL.—Transportation by 
utilities of power on behalf of the owner or 
operator of a project under the option de-
scribed in subsection (c)(2) shall incur a
366 
transportation rate that shall equal the per 
unit distribution costs and per unit dis-
tribution margin, that applies to the type of 
utility transporting the power. 
‘‘(ii) VOLTAGES EXCEEDING 25 KILO-
VOLTS.—If the net excess power is made 
available for transportation at voltages that 
must be transformed to or from voltages ex-
ceeding 25 kilovolts to be transported to the 
designated 
third-party 
purchasers, 
the 
transport rate shall further be increased by 
per unit transmission costs. 
‘‘(iii) STATES WITH COMPETITIVE RE-
TAIL
MARKETS
FOR
ELECTRICITY.—In a 
State with a competitive retail market for 
electricity, the applicable transportation 
rate for similar transportation shall be ap-
plied in lieu of any rate calculated under 
this paragraph. 
‘‘(4) LIMITATIONS.— 
‘‘(A) IN GENERAL.—Any rate established for 
sale or transportation under this section shall— 
‘‘(i) be modified over time with 
changes in the underlying costs or rates of 
the electric utility; and
367 
‘‘(ii) reflect the same time-sensitivity 
and billing periods as are established in the 
retail sales or transportation rates offered 
by the utility. 
‘‘(B) LIMITATION.—No utility shall be re-
quired to purchase or transport a quantity of net 
excess power under this section that exceeds the 
available capacity of the wires, meter, or other 
equipment of the electric utility serving the site 
unless the owner or operator of the project agrees 
to pay necessary and reasonable upgrade costs. 
‘‘(e) PROCEDURAL REQUIREMENTS
FOR CONSIDER-
ATION AND DETERMINATION.— 
‘‘(1) PUBLIC NOTICE AND HEARING.— 
‘‘(A) IN GENERAL.—The consideration re-
ferred to in subsection (a) shall be made after 
public notice and hearing. 
‘‘(B) ADMINISTRATION.—The determination 
referred to in subsection (a) shall be— 
‘‘(i) in writing; 
‘‘(ii) based on findings included in the 
determination and on the evidence presented 
at the hearing; and 
‘‘(iii) available to the public.
368 
‘‘(2) INTERVENTION
BY
ADMINISTRATOR.—The 
Administrator may intervene as a matter of right in 
a proceeding conducted under this section— 
‘‘(A) to calculate— 
‘‘(i) the energy and emissions likely to 
be saved by electing to adopt 1 or more of 
the options; and 
‘‘(ii) the costs and benefits to rate-
payers and the utility; and 
‘‘(B) to advocate for the waste-energy recov-
ery opportunity. 
‘‘(3) PROCEDURES.— 
‘‘(A) IN
GENERAL.—Except as otherwise 
provided in paragraphs (1) and (2), the proce-
dures for the consideration and determination 
referred to in subsection (a) shall be the proce-
dures established by the State regulatory author-
ity or the nonregulated electric utility. 
‘‘(B) MULTIPLE
PROJECTS.—If there is 
more than 1 project seeking consideration simul-
taneously in connection with the same utility, 
the proceeding may encompass all such projects, 
if full attention is paid to individual cir-
cumstances and merits and an individual judg-
ment is reached with respect to each project.
369 
‘‘(f) IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—The State regulatory author-
ity (with respect to each electric utility for which the 
authority has ratemaking authority) or nonregulated 
electric utility may, to the extent consistent with oth-
erwise applicable State law— 
‘‘(A) implement the standard determined 
under this section; or 
‘‘(B) decline to implement any such stand-
ard. 
‘‘(2) NONIMPLEMENTATION OF STANDARD.— 
‘‘(A) IN GENERAL.—If a State regulatory 
authority (with respect to each electric utility for 
which the authority has ratemaking authority) 
or nonregulated electric utility declines to imple-
ment any standard established by this section, 
the authority or nonregulated electric utility 
shall state in writing the reasons for declining to 
implement the standard. 
‘‘(B) AVAILABILITY TO PUBLIC.—The state-
ment of reasons shall be available to the public. 
‘‘(C) ANNUAL REPORT.—The Administrator 
shall include in an annual report submitted to 
Congress a description of the lost opportunities 
for waste-heat recovery from the project described
370 
in subparagraph (A), specifically identifying the 
utility and stating the quantity of lost energy 
and emissions savings calculated. 
‘‘(D) NEW PETITION.—If a State regulatory 
authority (with respect to each electric utility for 
which the authority has ratemaking authority) 
or nonregulated electric utility declines to imple-
ment the standard established by this section, the 
project sponsor may submit a new petition 
under this section with respect to the project at 
any time after the date that is 2 years after the 
date on which the State regulatory authority or 
nonregulated utility declined to implement the 
standard. 
‘‘SEC. 375. CLEAN ENERGY APPLICATION CENTERS. 
‘‘(a) RENAMING.— 
‘‘(1) IN
GENERAL.—The Combined Heat and 
Power Application Centers of the Department of En-
ergy are redesignated as Clean Energy Application 
Centers. 
‘‘(2) REFERENCES.—Any reference in any law, 
rule, regulation, or publication to a Combined Heat 
and Power Application Center shall be treated as a 
reference to a Clean Energy Application Center. 
‘‘(b) RELOCATION.—
371 
‘‘(1) IN GENERAL.—In order to better coordinate 
efforts with the separate Industrial Assessment Cen-
ters and to ensure that the energy efficiency and, 
when applicable, the renewable nature of deploying 
mature clean energy technology is fully accounted for, 
the Secretary shall relocate the administration of the 
Clean Energy Application Centers to the Office of En-
ergy Efficiency and Renewable Energy within the De-
partment of Energy. 
‘‘(2) OFFICE OF ELECTRICITY DELIVERY AND EN-
ERGY RELIABILITY.—The Office of Electricity Deliv-
ery and Energy Reliability shall— 
‘‘(A) continue to perform work on the role 
of technology described in paragraph (1) in sup-
port of the grid and the reliability and security 
of the technology; and 
‘‘(B) shall assist the Clean Energy Applica-
tion Centers in the work of the Centers with re-
gard to the grid and with electric utilities. 
‘‘(c) GRANTS.— 
‘‘(1) IN
GENERAL.—The Secretary shall make 
grants to universities, research centers, and other ap-
propriate institutions to ensure the continued oper-
ations and effectiveness of 8 Regional Clean Energy 
Application Centers in each of the following regions
372 
(as designated for such purposes as of the date of the 
enactment of the Energy Independence and Security 
Act of 2007): 
‘‘(A) Gulf Coast. 
‘‘(B) Intermountain. 
‘‘(C) Mid-Atlantic. 
‘‘(D) Midwest. 
‘‘(E) Northeast. 
‘‘(F) Northwest. 
‘‘(G) Pacific. 
‘‘(H) Southeast. 
‘‘(2) ESTABLISHMENT OF GOALS AND COMPLI-
ANCE.—In making grants under this subsection, the 
Secretary shall ensure that sufficient goals are estab-
lished and met by each Center throughout the pro-
gram duration concerning outreach and technology 
deployment. 
‘‘(d) ACTIVITIES.— 
‘‘(1) IN GENERAL.—Each Clean Energy Applica-
tion Center shall— 
‘‘(A) operate a program to encourage de-
ployment of clean energy technologies through 
education and outreach to building and indus-
trial professionals; and other individuals and or-
373 
ganizations with an interest in efficient energy 
use; and 
‘‘(B) provide project specific support to 
building and industrial professionals through as-
sessments and advisory activities. 
‘‘(2) TYPES OF ACTIVITIES.—Funds made avail-
able under this section may be used— 
‘‘(A) to develop and distribute informa-
tional materials on clean energy technologies, in-
cluding continuation of the 8 websites in exist-
ence on the date of enactment of the Energy 
Independence and Security Act of 2007; 
‘‘(B) to develop and conduct target market 
workshops, seminars, internet programs, and 
other activities to educate end users, regulators, 
and stakeholders in a manner that leads to the 
deployment of clean energy technologies; 
‘‘(C) to provide or coordinate onsite assess-
ments for sites and enterprises that may consider 
deployment of clean energy technology; 
‘‘(D) to perform market research to identify 
high profile candidates for clean energy deploy-
ment;
374 
‘‘(E) to provide consulting support to sites 
considering deployment of clean energy tech-
nologies; 
‘‘(F) to assist organizations developing 
clean energy technologies to overcome barriers to 
deployment; and 
‘‘(G) to assist companies and organizations 
with performance evaluations of any clean en-
ergy technology implemented. 
‘‘(e) DURATION.— 
‘‘(1) IN GENERAL.—A grant awarded under this 
section shall be for a period of 5 years 
‘‘(2) ANNUAL EVALUATIONS.—Each grant shall 
be evaluated annually for the continuation of the 
grant based on the activities and results of the grant. 
‘‘(f) AUTHORIZATION.—There is authorized to be ap-
propriated to carry out this section $10,000,000 for each 
of fiscal years 2008 through 2012.’’. 
(b) TABLE OF CONTENTS.—The table of contents of the 
Energy Policy and Conservation Act (42 U.S.C. prec. 6201) 
is amended by inserting after the items relating to part D 
of title III the following: 
‘‘PART E—INDUSTRIAL ENERGY EFFICIENCY 
‘‘Sec. 371. Definitions. 
‘‘Sec. 372. Survey and Registry. 
‘‘Sec. 373.Waste energy recovery incentive grant program. 
‘‘Sec. 374. Additional incentives for recovery, utilization and prevention of indus-
trial waste energy. 
‘‘Sec. 375. Clean Energy Application Centers.’’.
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SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) an energy-intensive industry; 
(B) a national trade association rep-
resenting an energy-intensive industry; or 
(C) a person acting on behalf of 1 or more 
energy-intensive industries or sectors, as deter-
mined by the Secretary. 
(2) ENERGY-INTENSIVE
INDUSTRY.—The term 
‘‘energy-intensive industry’’ means an industry that 
uses significant quantities of energy as part of its 
primary economic activities, including— 
(A) information technology, including data 
centers containing electrical equipment used in 
processing, storing, and transmitting digital in-
formation; 
(B) consumer product manufacturing; 
(C) food processing; 
(D) materials manufacturers, including— 
(i) aluminum; 
(ii) chemicals; 
(iii) forest and paper products; 
(iv) metal casting; 
(v) glass;
376 
(vi) petroleum refining; 
(vii) mining; and 
(viii) steel; 
(E) other energy-intensive industries, as de-
termined by the Secretary. 
(3) FEEDSTOCK.—The term ‘‘feedstock’’ means 
the raw material supplied for use in manufacturing, 
chemical, and biological processes. 
(4) PARTNERSHIP.—The term ‘‘partnership’’ 
means an energy efficiency partnership established 
under subsection (c)(1)(A). 
(5) PROGRAM.—The term ‘‘program’’ means the 
energy-intensive industries program established under 
subsection (b). 
(b) ESTABLISHMENT
OF PROGRAM.—The Secretary 
shall establish a program under which the Secretary, in co-
operation with energy-intensive industries and national in-
dustry trade associations representing the energy-intensive 
industries, shall support, research, develop, and promote the 
use of new materials processes, technologies, and techniques 
to optimize energy efficiency and the economic competitive-
ness of the United States’ industrial and commercial sec-
tors. 
(c) PARTNERSHIPS.—
377 
(1) IN GENERAL.—As part of the program, the 
Secretary shall establish energy efficiency partner-
ships between the Secretary and eligible entities to 
conduct research on, develop, and demonstrate new 
processes, technologies, and operating practices and 
techniques to significantly improve the energy effi-
ciency of equipment and processes used by energy-in-
tensive industries, including the conduct of activities 
to— 
(A) increase the energy efficiency of indus-
trial processes and facilities; 
(B) research, develop, and demonstrate ad-
vanced technologies capable of energy intensity 
reductions and increased environmental perform-
ance; and 
(C) promote the use of the processes, tech-
nologies, and techniques described in subpara-
graphs (A) and (B). 
(2) ELIGIBLE ACTIVITIES.—Partnership activi-
ties eligible for funding under this subsection in-
clude— 
(A) feedstock and recycling research, devel-
opment, and demonstration activities to identify 
and promote—
378 
(i) opportunities for meeting industry 
feedstock requirements with more energy ef-
ficient and flexible sources of feedstock or 
energy supply; 
(ii) strategies to develop and deploy 
technologies that improve the quality and 
quantity of feedstocks recovered from process 
and waste streams; and 
(iii) other methods using recycling, 
reuse, and improved industrial materials; 
(B) research to develop and demonstrate 
technologies and processes that utilize alternative 
energy sources to supply heat, power, and new 
feedstocks for energy-intensive industries; 
(C) research to achieve energy efficiency in 
steam, power, control system, and process heat 
technologies, and in other manufacturing proc-
esses; and 
(D) industrial and commercial energy effi-
ciency and sustainability assessments to— 
(i) assist individual industrial and 
commercial sectors in developing tools, tech-
niques, and methodologies to assess— 
(I) the unique processes and fa-
cilities of the sectors;
379 
(II) the energy utilization require-
ments of the sectors; and 
(III) the application of new, more 
energy efficient technologies; and 
(ii) conduct energy savings assess-
ments; 
(E) the incorporation of technologies and 
innovations that would significantly improve the 
energy efficiency and utilization of energy-inten-
sive commercial applications; and 
(F) any other activities that the Secretary 
determines to be appropriate. 
(3) PROPOSALS.— 
(A) IN GENERAL.—To be eligible for fund-
ing under this subsection, a partnership shall 
submit to the Secretary a proposal that describes 
the proposed research, development, or dem-
onstration activity to be conducted by the part-
nership. 
(B) REVIEW.—After reviewing the scientific, 
technical, and commercial merit of a proposals 
submitted under subparagraph (A), the Secretary 
shall approve or disapprove the proposal.