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‘‘(ii) used in accordance with the in-
structions of the manufacturer. 
‘‘(42) The term ‘torchiere’ means a portable elec-
tric lamp with a reflector bowl that directs light up-
ward to give indirect illumination. 
‘‘(43) The term ‘traffic signal module’ means a 
standard 8-inch (200mm) or 12-inch (300mm) traffic 
signal indication that— 
‘‘(A) consists of a light source, a lens, and 
all other parts necessary for operation; and 
‘‘(B) communicates movement messages to 
drivers through red, amber, and green colors. 
‘‘(44) The term ‘transformer’ means a device 
consisting of 2 or more coils of insulated wire that 
transfers alternating current by electromagnetic in-
duction from 1 coil to another to change the original 
voltage or current value. 
‘‘(45)(A) The term ‘unit heater’ means a self-con-
tained fan-type heater designed to be installed within 
the heated space. 
‘‘(B) The term ‘unit heater’ does not include a 
warm air furnace. 
‘‘(46)(A) The term ‘high intensity discharge 
lamp’ means an electric-discharge lamp in which—
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‘‘(i) the light-producing arc is stabilized by 
bulb wall temperature; and 
‘‘(ii) the arc tube has a bulb wall loading 
in excess of 3 Watts/cm2. 
‘‘(B) The term ‘high intensity discharge lamp’ 
includes mercury vapor, metal halide, and high-pres-
sure sodium lamps described in subparagraph (A). 
‘‘(47)(A) 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 operating at a partial pressure in excess of 
100,000 Pa (approximately 1 atm). 
‘‘(B) The term ‘mercury vapor lamp’ includes 
clear, phosphor-coated, and self-ballasted lamps de-
scribed in subparagraph (A). 
‘‘(48) The term ‘mercury vapor lamp ballast’ 
means a device that is designed and marketed to start 
and operate mercury vapor lamps by providing the 
necessary voltage and current.’’. 
(b) TEST PROCEDURES.—Section 323 of the Energy 
Policy and Conservation Act (42 U.S.C. 6293) is amend-
ed— 
(1) in subsection (b), by adding at the end the 
following:
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‘‘(9) Test procedures for illuminated exit signs shall 
be based on the test method used under version 2.0 of the 
Energy Star program of the Environmental Protection 
Agency for illuminated exit signs. 
‘‘(10)(A) Test procedures for distribution transformers 
and low voltage dry-type distribution transformers shall be 
based on the ‘Standard Test Method for Measuring the En-
ergy Consumption of Distribution Transformers’ prescribed 
by the National Electrical Manufacturers Association 
(NEMA TP 2–1998). 
‘‘(B) The Secretary may review and revise the test pro-
cedures established under subparagraph (A). 
‘‘(C) For purposes of section 346(a), the test procedures 
established under subparagraph (A) shall be considered to 
be the testing requirements prescribed by the Secretary 
under section 346(a)(1) for distribution transformers for 
which the Secretary makes a determination that energy con-
servation standards would— 
‘‘(i) be technologically feasible and economically 
justified; and 
‘‘(ii) result in significant energy savings. 
‘‘(11) Test procedures for traffic signal modules and 
pedestrian modules shall be based on the test method used 
under the Energy Star program of the Environmental Pro-
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tection Agency for traffic signal modules, as in effect on 
the date of enactment of this paragraph. 
‘‘(12)(A) Test procedures for medium base compact flu-
orescent lamps shall be based on the test methods for com-
pact fluorescent lamps used under the August 9, 2001, 
version of the Energy Star program of the Environmental 
Protection Agency and the Department of Energy. 
‘‘(B) Except as provided in subparagraph (C), me-
dium base compact fluorescent lamps shall meet all test re-
quirements for regulated parameters of section 325(cc). 
‘‘(C) Notwithstanding subparagraph (B), if manufac-
turers document engineering predictions and analysis that 
support expected attainment of lumen maintenance at 40 
percent rated life and lamp lifetime, medium base compact 
fluorescent lamps may be marketed before completion of the 
testing of lamp life and lumen maintenance at 40 percent 
of rated life. 
‘‘(13) Test procedures for dehumidifiers shall be based 
on the test criteria used under the Energy Star Program 
Requirements for Dehumidifiers developed by the Environ-
mental Protection Agency, as in effect on the date of enact-
ment of this paragraph unless revised by the Secretary pur-
suant to this section. 
‘‘(14) The test procedure for measuring flow rate for 
commercial prerinse spray valves shall be based on Amer-
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ican Society for Testing and Materials Standard F2324, 
entitled ‘Standard Test Method for Pre-Rinse Spray 
Valves.’ 
‘‘(15) The test procedure for refrigerated bottled or 
canned beverage vending machines shall be based on Amer-
ican National Standards Institute/American Society of 
Heating, Refrigerating and Air-Conditioning Engineers 
Standard 32.1–2004, entitled ‘Methods of Testing for Rat-
ing Vending Machines for Bottled, Canned or Other Sealed 
Beverages’.’’; and 
(2) by adding at the end the following: 
‘‘(f) ADDITIONAL CONSUMER AND COMMERCIAL PROD-
UCTS.—(1) Not later than 2 years after the date of enact-
ment of this subsection, the Secretary shall prescribe testing 
requirements for— 
‘‘(A) suspended ceiling fans; and 
‘‘(B) refrigerated bottled or canned beverage 
vending machines. 
‘‘(2) To the maximum extent practicable, the testing 
requirements prescribed under paragraph (1) shall be based 
on existing test procedures used in industry.’’. 
(c) STANDARD SETTING AUTHORITY.—Section 325 of 
the Energy Policy and Conservation Act (42 U.S.C. 6295) 
is amended—
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(1) in subsection (f)(3), by adding at the end the 
following: 
‘‘(D) Notwithstanding any other provision of this Act, 
if the requirements of subsection (o) are met, the Secretary 
may consider and prescribe energy conservation standards 
or energy use standards for electricity used for purposes of 
circulating air through duct work.’’; 
(2) in subsection (g)— 
(A) in paragraph (6)(B), by inserting ‘‘and 
labeled’’ after ‘‘designed’’; and 
(B) by adding at the end the following: 
‘‘(8)(A) Each fluorescent lamp ballast (other than re-
placement ballasts or ballasts described in subparagraph 
(C))— 
‘‘(i)(I) manufactured on or after July 1, 2009; 
‘‘(II) sold by the manufacturer on or after Octo-
ber 1, 2009; or 
‘‘(III) incorporated into a luminaire by a lumi-
naire manufacturer on or after July 1, 2010; and 
‘‘(ii) designed— 
‘‘(I) to operate at nominal input voltages of 
120 or 277 volts; 
‘‘(II) to operate with an input current fre-
quency of 60 Hertz; and
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‘‘(III) for use in connection with F34T12 
lamps, F96T12/ES lamps, or F96T12HO/ES 
lamps; 
shall have a power factor of 0.90 or greater and shall have 
a ballast efficacy factor of not less than the following: 
Application for operation of 
Ballast 
input 
voltage 
Total 
nominal 
lamp 
watts 
Ballast 
efficacy 
factor 
One F34T12 lamp 
120/277 
2.61 
Two F34T12 lamps 
120/277 
1.35 
Two F96 T12/ES lamps 
120/277 
120 
0.77 
Two F96 T12HO/ES lamps 
120/277 
190 
0.42 
‘‘(B) The standards described in subparagraph (A) 
shall apply to all ballasts covered by subparagraph (A)(ii) 
that are manufactured on or after July 1, 2010, or sold 
by the manufacturer on or after October 1, 2010. 
‘‘(C) The standards described in subparagraphs (A) 
and (B) do not apply to— 
‘‘(i) a ballast that is designed for dimming to 50 
percent or less of the maximum output of the ballast; 
‘‘(ii) a ballast that is designed for use with 2 
F96T12HO lamps at ambient temperatures of 20°F 
or less and for use in an outdoor sign; or 
‘‘(iii) a ballast that has a power factor of less 
than 0.90 and is designed and labeled for use only in 
residential applications.’’; 
(3) in subsection (o), by adding at the end the 
following:
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‘‘(5) The Secretary may set more than 1 energy con-
servation standard for products that serve more than 1 
major function by setting 1 energy conservation standard 
for each major function.’’; 
(4) in the first sentence of subsection (p), by 
striking ‘‘Any’’ and inserting the following: ‘‘Except 
as provided in subsection (u), any’’; and 
(5) by adding at the end the following: 
‘‘(u) SPECIAL RULEMAKING PROCEDURES.—(1) Not-
withstanding any other provision of law, the Secretary may 
publish a notice of direct final rulemaking based on an en-
ergy conservation standard recommended by an interested 
person, if— 
‘‘(A) in response to an advance notice of pro-
posed rulemaking under paragraph (p), the interested 
person (including a representative of a manufacturer 
of a covered product, a conservation advocate, or con-
sumer) submits a joint comment recommending an 
energy conservation standard; and 
‘‘(B) the Secretary determines that the energy 
conservation standard complies with the substantive 
provisions of this Act that apply to the type (or class) 
of covered products to which the rule may apply. 
‘‘(2) The Secretary shall publish a notice of direct final 
rulemaking under paragraph (1) with a notice of proposed
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rulemaking incorporating by reference the regulatory lan-
guage of the direct final rule that provides for an effective 
date not earlier than 90 days after the date of publication. 
‘‘(3) The Secretary may withdraw a direct final rule 
published under paragraph (2) before the effective date of 
the rule if an interested person files a significant adverse 
comment in response to the related notice of proposed rule-
making. 
‘‘(v) BATTERY CHARGER AND EXTERNAL POWER SUP-
PLY ELECTRIC ENERGY CONSUMPTION.—(1)(A) Not later 
than 18 months after the date of enactment of this sub-
section, the Secretary shall, after providing notice and an 
opportunity for comment, prescribe, by rule, definitions and 
test procedures for the power use of battery chargers and 
external power supplies. 
‘‘(B) In establishing the test procedures under subpara-
graph (A), the Secretary shall— 
‘‘(i) consider existing definitions and test proce-
dures used for measuring energy consumption in 
standby mode and other modes; and 
‘‘(ii) assess the current and projected future mar-
ket for battery chargers and external power supplies. 
‘‘(C) The assessment under subparagraph (B)(ii) shall 
include—
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‘‘(i) estimates of the significance of potential en-
ergy savings from technical improvements to battery 
chargers and external power supplies; and 
‘‘(ii) suggested product classes for energy con-
servation standards. 
‘‘(D) Not later than 18 months after the date of enact-
ment of this subsection, the Secretary shall hold a scoping 
workshop to discuss and receive comments on plans for de-
veloping energy conservation standards for energy use for 
battery chargers and external power supplies. 
‘‘(E)(i) Not later than 3 years after the date of enact-
ment of this subsection, the Secretary shall issue a final 
rule that determines whether energy conservation standards 
shall be issued for battery chargers and external power sup-
plies or classes of battery chargers and external power sup-
plies. 
‘‘(ii) For each product class, any energy conservation 
standards issued under clause (i) shall be set at the lowest 
level of energy use that— 
‘‘(I) meets the criteria and procedures of sub-
sections (o), (p), (q), (r), (s), and (t); and 
‘‘(II) would result in significant overall annual 
energy savings, considering standby mode and other 
operating modes.
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‘‘(2) In determining under section 323 whether test 
procedures and energy conservation standards under this 
section should be revised with respect to covered products 
that are major sources of standby mode energy consump-
tion, the Secretary shall consider whether to incorporate 
standby mode into the test procedures and energy conserva-
tion standards, taking into account standby mode power 
consumption compared to overall product energy consump-
tion. 
‘‘(3) The Secretary shall not propose an energy con-
servation standard under this section, unless the Secretary 
has issued applicable test procedures for each product under 
section 323. 
‘‘(4) Any energy conservation standard issued under 
this subsection shall be applicable to products manufactured 
or imported beginning on the date that is 3 years after the 
date of issuance. 
‘‘(5) The Secretary and the Administrator shall col-
laborate and develop programs (including programs under 
section 324A and other voluntary industry agreements or 
codes of conduct) that are designed to reduce standby mode 
energy use. 
‘‘(w) SUSPENDED CEILING FANS AND REFRIGERATED 
BEVERAGE VENDING MACHINES.—(1) Not later than 4 
years after the date of enactment of this subsection, the Sec-
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retary shall prescribe, by rule, energy conservation stand-
ards for— 
‘‘(A) suspended ceiling fans; and 
‘‘(B) refrigerated bottled or canned beverage 
vending machines. 
‘‘(2) In establishing energy conservation standards 
under this subsection, the Secretary shall use the criteria 
and procedures prescribed under subsections (o) and (p). 
‘‘(3) Any energy conservation standard prescribed 
under this subsection shall apply to products manufactured 
3 years after the date of publication of a final rule estab-
lishing the energy conservation standard. 
‘‘(x) ILLUMINATED EXIT SIGNS.—An illuminated exit 
sign manufactured on or after January 1, 2006, shall meet 
the version 2.0 Energy Star Program performance require-
ments for illuminated exit signs prescribed by the Environ-
mental Protection Agency. 
‘‘(y) TORCHIERES.—A torchiere manufactured on or 
after January 1, 2006— 
‘‘(1) shall consume not more than 190 watts of 
power; and 
‘‘(2) shall not be capable of operating with lamps 
that total more than 190 watts. 
‘‘(z) LOW VOLTAGE DRY-TYPE DISTRIBUTION TRANS-
FORMERS.—The efficiency of a low voltage dry-type dis-
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tribution transformer manufactured on or after January 1, 
2007, shall be the Class I Efficiency Levels for distribution 
transformers specified in table 4–2 of the ‘Guide for Deter-
mining Energy Efficiency for Distribution Transformers’ 
published by the National Electrical Manufacturers Asso-
ciation (NEMA TP–1–2002). 
‘‘(aa) TRAFFIC SIGNAL MODULES AND PEDESTRIAN 
MODULES.—Any traffic signal module or pedestrian mod-
ule manufactured on or after January 1, 2006, shall— 
‘‘(1) meet the performance requirements used 
under the Energy Star program of the Environmental 
Protection Agency for traffic signals, as in effect on 
the date of enactment of this subsection; and 
‘‘(2) be installed with compatible, electrically 
connected signal control interface devices and conflict 
monitoring systems. 
‘‘(bb) UNIT HEATERS.—A unit heater manufactured 
on or after the date that is 3 years after the date of enact-
ment of this subsection shall— 
‘‘(1) be equipped with an intermittent ignition 
device; and 
‘‘(2) have power venting or an automatic flue 
damper. 
‘‘(cc) 
MEDIUM
BASE
COMPACT
FLUORESCENT 
LAMPS.—(1) A bare lamp and covered lamp (no reflector)
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medium base compact fluorescent lamp manufactured on or 
after January 1, 2006, shall meet the following require-
ments prescribed by the August 9, 2001, version of the En-
ergy Star Program Requirements for Compact Fluorescent 
Lamps, Energy Star Eligibility Criteria, Energy-Effi-
ciency Specification issued by the Environmental Protec-
tion Agency and Department of Energy: 
‘‘(A) Minimum initial efficacy. 
‘‘(B) Lumen maintenance at 1000 hours. 
‘‘(C) Lumen maintenance at 40 percent of rated 
life. 
‘‘(D) Rapid cycle stress test. 
‘‘(E) Lamp life. 
‘‘(2) The Secretary may, by rule, establish require-
ments for color quality (CRI), power factor, operating fre-
quency, and maximum allowable start time based on the 
requirements prescribed by the August 9, 2001, version of 
the Energy Star Program Requirements for Compact Fluo-
rescent Lamps. 
‘‘(3) The Secretary may, by rule— 
‘‘(A) revise the requirements established under 
paragraph (2); or 
‘‘(B) establish other requirements, after consid-
ering energy savings, cost effectiveness, and consumer 
satisfaction.
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‘‘(dd) DEHUMIDIFIERS.—(1) Dehumidifiers manufac-
tured on or after October 1, 2007, shall have an Energy 
Factor that meets or exceeds the following values: 
‘‘Product Capacity (pints/day): 
Minimum Energy Factor 
(Liters/kWh) 
25.00 or less ....................................................................................
1.00
25.01 – 35.00 ..................................................................................
1.20
35.01 – 54.00 ..................................................................................
1.30
54.01 – 74.99 ..................................................................................
1.50
75.00 or more .................................................................................
2.25. 
‘‘(2)(A) Not later than October 1, 2009, the Secretary 
shall publish a final rule in accordance with subsections 
(o) and (p), to determine whether the energy conservation 
standards established under paragraph (1) should be 
amended. 
‘‘(B) The final rule published under subparagraph (A) 
shall— 
‘‘(i) contain any amendment by the Secretary; 
and 
‘‘(ii) provide that the amendment applies to 
products manufactured on or after October 1, 2012. 
‘‘(C) If the Secretary does not publish an amendment 
that takes effect by October 1, 2012, dehumidifiers manufac-
tured on or after October 1, 2012, shall have an Energy 
Factor that meets or exceeds the following values: 
‘‘Product Capacity (pints/day): 
Minimum Energy Factor 
(Liters/kWh) 
25.00 or less ....................................................................................
1.20
25.01 – 35.00 ..................................................................................
1.30
35.01 – 45.00 ..................................................................................
1.40
45.01 – 54.00 ..................................................................................
1.50
54.01 – 74.99 ..................................................................................
1.60
75.00 or more .................................................................................
2.5.
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‘‘(ee) COMMERCIAL PRERINSE SPRAY VALVES.—Com-
mercial prerinse spray valves manufactured on or after 
January 1, 2006, shall have a flow rate of not more than 
1.6 gallons per minute. 
‘‘(ff) MERCURY
VAPOR
LAMP
BALLASTS.—Mercury 
vapor lamp ballasts shall not be manufactured or imported 
after January 1, 2008. 
‘‘(gg) APPLICATION DATE.—Section 327 applies— 
‘‘(1) to products for which energy conservation 
standards are to be established under subsection (l), 
(u), (v), or (w) beginning on the date on which a 
final rule is issued by the Secretary, except that any 
State or local standard prescribed or enacted for the 
product before the date on which the final rule is 
issued shall not be preempted until the energy con-
servation standard 
established 
under 
subsection 
(l),(u), (v), or (w) for the product takes effect; and 
‘‘(2) to products for which energy conservation 
standards are established under subsections (x) 
through (ff) on the date of enactment of those sub-
sections, except that any State or local standard pre-
scribed or enacted before the date of enactment of 
those subsections shall not be preempted until the en-
ergy conservation standards established under sub-
sections (x) through (ff) take effect.’’.
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(d) GENERAL RULE OF PREEMPTION.—Section 327(c) 
of the Energy Policy and Conservation Act (42 U.S.C. 
6297(c)) is amended— 
(1) in paragraph (5), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (6), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(7)(A) is a regulation concerning standards for 
commercial prerinse spray valves adopted by the 
California Energy Commission before January 1, 
2005; or 
‘‘(B) is an amendment to a regulation described 
in subparagraph (A) that was developed to align 
California regulations with changes in American So-
ciety for Testing and Materials Standard F2324; 
‘‘(8)(A) is a regulation concerning standards for 
pedestrian modules adopted by the California Energy 
Commission before January 1, 2005; or 
‘‘(B) is an amendment to a regulation described 
in subparagraph (A) that was developed to align 
California regulations to changes in the Institute for 
Transportation Engineers standards, entitled ‘Per-
formance Specification: Pedestrian Traffic Control 
Signal Indications’.’’.
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SEC. 136. ENERGY CONSERVATION STANDARDS FOR COM-
MERCIAL EQUIPMENT. 
(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 (D) 
through (G) as subparagraphs (H) through (K), 
respectively; and 
(B) by inserting after subparagraph (C) the 
following: 
‘‘(D) Very large commercial package air 
conditioning and heating equipment. 
‘‘(E) Commercial refrigerators, freezers, and 
refrigerator-freezers. 
‘‘(F) Automatic commercial ice makers. 
‘‘(G) Commercial clothes washers.’’; 
(2) in paragraph (2)(B), by striking ‘‘small and 
large commercial package air conditioning and heat-
ing equipment’’ and inserting ‘‘commercial package 
air conditioning and heating equipment, commercial 
refrigerators, freezers, and refrigerator-freezers, auto-
matic commercial ice makers, commercial clothes 
washers’’; 
(3) by striking paragraphs (8) and (9) and in-
serting the following:
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‘‘(8)(A) The term ‘commercial package air condi-
tioning and heating equipment’ means air-cooled, 
water-cooled, evaporatively-cooled, or water source 
(not including ground water source) electrically oper-
ated, unitary central air conditioners and central air 
conditioning heat pumps for commercial application. 
‘‘(B) The term ‘small commercial package air 
conditioning and heating equipment’ means commer-
cial package air conditioning and heating equipment 
that is rated below 135,000 Btu per hour (cooling ca-
pacity). 
‘‘(C) The term ‘large commercial package air 
conditioning and heating equipment’ means commer-
cial package air conditioning and heating equipment 
that is rated— 
‘‘(i) at or above 135,000 Btu per hour; and 
‘‘(ii) below 240,000 Btu per hour (cooling 
capacity). 
‘‘(D) The term ‘very large commercial package 
air conditioning and heating equipment’ means com-
mercial package air conditioning and heating equip-
ment that is rated— 
‘‘(i) at or above 240,000 Btu per hour; and 
‘‘(ii) below 760,000 Btu per hour (cooling 
capacity).
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‘‘(9)(A) The term ‘commercial refrigerator, freez-
er, and refrigerator-freezer’ means refrigeration equip-
ment that— 
‘‘(i) is not a consumer product (as defined 
in section 321); 
‘‘(ii) is not designed and marketed exclu-
sively for medical, scientific, or research pur-
poses; 
‘‘(iii) operates at a chilled, frozen, combina-
tion chilled and frozen, or variable temperature; 
‘‘(iv) displays or stores merchandise and 
other 
perishable 
materials 
horizontally, 
semivertically, or vertically; 
‘‘(v) has transparent or solid doors, sliding 
or hinged doors, a combination of hinged, slid-
ing, transparent, or solid doors, or no doors; 
‘‘(vi) is designed for pull-down temperature 
applications or holding temperature applica-
tions; and 
‘‘(vii) is connected to a self-contained con-
densing unit or to a remote condensing unit. 
‘‘(B) The term ‘holding temperature application’ 
means a use of commercial refrigeration equipment 
other than a pull-down temperature application, ex-
cept a blast chiller or freezer.
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‘‘(C) The term ‘integrated average temperature’ 
means the average temperature of all test package 
measurements taken during the test. 
‘‘(D) The term ‘pull-down temperature applica-
tion’ means a commercial refrigerator with doors 
that, when fully loaded with 12 ounce beverage cans 
at 90 degrees F, can cool those beverages to an aver-
age stable temperature of 38 degrees F in 12 hours or 
less. 
‘‘(E) The term ‘remote condensing unit’ means a 
factory-made assembly of refrigerating components 
designed to compress and liquefy a specific refrigerant 
that is remotely located from the refrigerated equip-
ment and consists of 1 or more refrigerant compres-
sors, refrigerant condensers, condenser fans and mo-
tors, and factory supplied accessories. 
‘‘(F) The term ‘self-contained condensing unit’ 
means a factory-made assembly of refrigerating com-
ponents designed to compress and liquefy a specific 
refrigerant that is an integral part of the refrigerated 
equipment and consists of 1 or more refrigerant com-
pressors, refrigerant condensers, condenser fans and 
motors, and factory supplied accessories.’’; and 
(4) by adding at the end the following:
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‘‘(19) The term ‘automatic commercial ice 
maker’ means a factory-made assembly (not nec-
essarily shipped in 1 package) that— 
‘‘(A) consists of a condensing unit and ice- 
making section operating as an integrated unit, 
with means for making and harvesting ice; and 
‘‘(B) may include means for storing ice, 
dispensing ice, or storing and dispensing ice. 
‘‘(20) The term ‘commercial clothes washer’ 
means a soft-mount front-loading or soft-mount top- 
loading clothes washer that— 
‘‘(A) has a clothes container compartment 
that— 
‘‘(i) for horizontal-axis clothes washers, 
is not more than 3.5 cubic feet ; and 
‘‘(ii) for vertical-axis clothes washers, 
is not more than 4.0 cubic feet; and 
‘‘(B) is designed for use in— 
‘‘(i) applications in which the occu-
pants of more than 1 household will be 
using the clothes washer, such as multi-fam-
ily housing common areas and coin laun-
dries; or 
‘‘(ii) other commercial applications.
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‘‘(21) The term ‘harvest rate’ means the amount 
of ice (at 32 degrees F) in pounds produced per 24 
hours.’’. 
(b) STANDARDS FOR COMMERCIAL PACKAGE AIR CON-
DITIONING AND HEATING EQUIPMENT.—Section 342(a) of 
the Energy Policy and Conservation Act (42 U.S.C. 
6313(a)) is amended— 
(1) in the subsection heading, by striking 
‘‘SMALL AND LARGE’’ and inserting ‘‘SMALL, LARGE, 
AND VERY LARGE’’; 
(2) in paragraph (1), by inserting ‘‘but before 
January 1, 2010,’’ after ‘‘January 1, 1994,’’; 
(3) in paragraph (2), by inserting ‘‘but before 
January 1, 2010,’’ after ‘‘January 1, 1995,’’; and 
(4) in paragraph (6)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘(i)’’ after ‘‘(A)’’; 
(ii) by striking ‘‘the date of enactment 
of the Energy Policy Act of 1992’’ and in-
serting ‘‘January 1, 2010’’; 
(iii) by inserting after ‘‘large commer-
cial package air conditioning and heating 
equipment,’’ the following: ‘‘and very large 
commercial package air conditioning and 
heating equipment, or if ASHRAE/IES
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Standard 90.1, as in effect on October 24, 
1992, is amended with respect to any’’; and 
(iv) by adding at the end the following: 
‘‘(ii) If ASHRAE/IES Standard 90.1 is not amended 
with respect to small commercial package air conditioning 
and heating equipment, large commercial package air con-
ditioning and heating equipment, and very large commer-
cial package air conditioning and heating equipment dur-
ing the 5-year period beginning on the effective date of a 
standard, the Secretary may initiate a rulemaking to deter-
mine whether a more stringent standard— 
‘‘(I) would result in significant additional con-
servation of energy; and 
‘‘(II) is technologically feasible and economically 
justified.’’; and 
(B) in subparagraph (C)(ii), by inserting 
‘‘and very large commercial package air condi-
tioning and heating equipment’’ after ‘‘large 
commercial package air conditioning and heat-
ing equipment’’; and 
(5) by adding at the end the following: 
‘‘(7) Small commercial package air conditioning and 
heating equipment manufactured on or after January 1, 
2010, shall meet the following standards:
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‘‘(A) The minimum energy efficiency ratio of 
air-cooled central air conditioners at or above 65,000 
Btu per hour (cooling capacity) and less than 
135,000 Btu per hour (cooling capacity) shall be— 
‘‘(i) 11.2 for equipment with no heating or 
electric resistance heating; and 
‘‘(ii) 11.0 for equipment with all other heat-
ing system types that are integrated into the 
equipment (at a standard rating of 95 degrees F 
db). 
‘‘(B) The minimum energy efficiency ratio of 
air-cooled central air conditioner heat pumps at or 
above 65,000 Btu per hour (cooling capacity) and less 
than 135,000 Btu per hour (cooling capacity) shall 
be— 
‘‘(i) 11.0 for equipment with no heating or 
electric resistance heating; and 
‘‘(ii) 10.8 for equipment with all other heat-
ing system types that are integrated into the 
equipment (at a standard rating of 95 degrees F 
db). 
‘‘(C) The minimum coefficient of performance in 
the heating mode of air-cooled central air condi-
tioning heat pumps at or above 65,000 Btu per hour 
(cooling capacity) and less than 135,000 Btu per
HR 6 PAP 
hour (cooling capacity) shall be 3.3 (at a high tem-
perature rating of 47 degrees F db). 
‘‘(8) Large commercial package air conditioning and 
heating equipment manufactured on or after January 1, 
2010, shall meet the following standards: 
‘‘(A) The minimum energy efficiency ratio of 
air-cooled central air conditioners at or above 135,000 
Btu per hour (cooling capacity) and less than 
240,000 Btu per hour (cooling capacity) shall be— 
‘‘(i) 11.0 for equipment with no heating or 
electric resistance heating; and 
‘‘(ii) 10.8 for equipment with all other heat-
ing system types that are integrated into the 
equipment (at a standard rating of 95 degrees F 
db). 
‘‘(B) The minimum energy efficiency ratio of 
air-cooled central air conditioner heat pumps at or 
above 135,000 Btu per hour (cooling capacity) and 
less than 240,000 Btu per hour (cooling capacity) 
shall be— 
‘‘(i) 10.6 for equipment with no heating or 
electric resistance heating; and 
‘‘(ii) 10.4 for equipment with all other heat-
ing system types that are integrated into the
HR 6 PAP 
equipment (at a standard rating of 95 degrees F 
db). 
‘‘(C) The minimum coefficient of performance in 
the heating mode of air-cooled central air condi-
tioning heat pumps at or above 135,000 Btu per hour 
(cooling capacity) and less than 240,000 Btu per 
hour (cooling capacity) shall be 3.2 (at a high tem-
perature rating of 47 degrees F db). 
‘‘(9) Very large commercial package air conditioning 
and heating equipment manufactured on or after January 
1, 2010, shall meet the following standards: 
‘‘(A) The minimum energy efficiency ratio of 
air-cooled central air conditioners at or above 240,000 
Btu per hour (cooling capacity) and less than 
760,000 Btu per hour (cooling capacity) shall be— 
‘‘(i) 10.0 for equipment with no heating or 
electric resistance heating; and 
‘‘(ii) 9.8 for equipment with all other heat-
ing system types that are integrated into the 
equipment (at a standard rating of 95 degrees F 
db). 
‘‘(B) The minimum energy efficiency ratio of 
air-cooled central air conditioner heat pumps at or 
above 240,000 Btu per hour (cooling capacity) and
HR 6 PAP 
less than 760,000 Btu per hour (cooling capacity) 
shall be— 
‘‘(i) 9.5 for equipment with no heating or 
electric resistance heating; and 
‘‘(ii) 9.3 for equipment with all other heat-
ing system types that are integrated into the 
equipment (at a standard rating of 95 degrees F 
db). 
‘‘(C) The minimum coefficient of performance in 
the heating mode of air-cooled central air condi-
tioning heat pumps at or above 240,000 Btu per hour 
(cooling capacity) and less than 760,000 Btu per 
hour (cooling capacity) shall be 3.2 (at a high tem-
perature rating of 47 degrees F db).’’. 
(c) STANDARDS FOR COMMERCIAL REFRIGERATORS, 
FREEZERS, AND REFRIGERATOR-FREEZERS.—Section 342 
of the Energy Policy and Conservation Act (42 U.S.C. 
6313) is amended by adding at the end the following: 
‘‘(c) COMMERCIAL REFRIGERATORS, FREEZERS, AND 
REFRIGERATOR-FREEZERS.—(1) In this subsection: 
‘‘(A) The term ‘AV’ means the adjusted volume 
(ft3) (defined as 1.63 x frozen temperature compart-
ment volume (ft3) + chilled temperature compart-
ment volume (ft3)) with compartment volumes meas-
HR 6 PAP 
ured in accordance with the Association of Home Ap-
pliance Manufacturers Standard HRF1–1979. 
‘‘(B) The term ‘V’ means the chilled or frozen 
compartment volume (ft3) (as defined in the Associa-
tion of Home Appliance Manufacturers Standard 
HRF1–1979). 
‘‘(C) Other terms have such meanings as may be 
established by the Secretary, based on industry-ac-
cepted definitions and practice. 
‘‘(2) Each commercial refrigerator, freezer, and refrig-
erator-freezer with a self-contained condensing unit de-
signed for holding temperature applications manufactured 
on or after January 1, 2010, shall have a daily energy con-
sumption (in kilowatt hours per day) that does not exceed 
the following: 
‘‘Refrigerators with solid doors ..................................
0.10 V + 2.04 
Refrigerators with transparent doors ........................
0.12 V + 3.34 
Freezers with solid doors ............................................
0.40 V + 1.38 
Freezers with transparent doors ................................
0.75 V + 4.10 
Refrigerators/freezers with solid doors the greater of 
0.27 AV – 0.71 or 0.70. 
‘‘(3) Each commercial refrigerator with a self-con-
tained condensing unit designed for pull-down temperature 
applications and transparent doors manufactured on or 
after January 1, 2010, shall have a daily energy consump-
tion (in kilowatt hours per day) of not more than 0.126 
V + 3.51.
HR 6 PAP 
‘‘(4)(A) Not later than January 1, 2009, the Secretary 
shall issue, by rule, standard levels for ice-cream freezers, 
self-contained commercial refrigerators, freezers, and refrig-
erator-freezers without doors, and remote condensing com-
mercial refrigerators, freezers, and refrigerator-freezers, 
with the standard levels effective for equipment manufac-
tured on or after January 1, 2012. 
‘‘(B) The Secretary may issue, by rule, standard levels 
for other types of commercial refrigerators, freezers, and re-
frigerator-freezers not covered by paragraph (2)(A) with the 
standard levels effective for equipment manufactured 3 or 
more years after the date on which the final rule is pub-
lished. 
‘‘(5)(A) Not later than January 1, 2013, the Secretary 
shall issue a final rule to determine whether the standards 
established under this subsection should be amended. 
‘‘(B) Not later than 3 years after the effective date of 
any amended standards under subparagraph (A) or the 
publication of a final rule determining that the standards 
should not be amended, the Secretary shall issue a final 
rule to determine whether the standards established under 
this subsection or the amended standards, as applicable, 
should be amended. 
‘‘(C) If the Secretary issues a final rule under subpara-
graph (A) or (B) establishing amended standards, the final
HR 6 PAP 
rule shall provide that the amended standards apply to 
products manufactured on or after the date that is— 
‘‘(i) 3 years after the date on which the final 
amended standard is published; or 
‘‘(ii) if the Secretary determines, by rule, that 3 
years is inadequate, not later than 5 years after the 
date on which the final rule is published.’’. 
(d) STANDARDS FOR AUTOMATIC COMMERCIAL ICE 
MAKERS.—Section 342 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6313) (as amended by subsection (c)) 
is amended by adding at the end the following: 
‘‘(d) AUTOMATIC COMMERCIAL ICE MAKERS.—(1) 
Each automatic commercial ice maker that produces cube 
type ice with capacities between 50 and 2500 pounds per 
24-hour period when tested according to the test standard 
established in section 343(a)(7) and is manufactured on or 
after January 1, 2010, shall meet the following standard 
levels: 
Equipment Type 
Type of 
Cooling 
Harvest Rate 
(lbs ice/24 hours) 
Maximum 
Energy Use 
(kWh/100 lbs Ice) 
Maximum 
Condenser 
Water Use 
(gal/100 lbs Ice) 
Ice Making Head 
Water 
<500 
7.80–0.0055H 
200–0.022H 
≥500 and <1436 
5.58–0.0011H 
200–0.022H 
≥1436 
4.0 
200–0.022H 
Ice Making Head 
Air 
<450 
10.26–0.0086H 
Not Applicable 
≥450 
6.89–0.0011H 
Not Applicable
HR 6 PAP 
Equipment Type 
Type of 
Cooling 
Harvest Rate 
(lbs ice/24 hours) 
Maximum 
Energy Use 
(kWh/100 lbs Ice) 
Maximum 
Condenser 
Water Use 
(gal/100 lbs Ice) 
Remote Condensing 
(but not remote 
compressor) 
Air 
<1000 
8.85–0.0038H 
Not Applicable 
≥1000 
5.10 
Not Applicable 
Remote Condensing 
and Remote 
Compressor 
Air 
<934 
8.85–0.0038H 
Not Applicable 
≥934 
5.3 
Not Applicable 
Self Contained 
Water 
<200 
11.40–0.019H 
191–0.0315H 
≥200 
7.60 
191–0.0315H 
Self Contained 
Air 
<175 
18.0–0.0469H 
Not Applicable 
≥175 
9.80 
Not Applicable 
H = Harvest rate in pounds per 24 hours. 
Water use is for the condenser only and does not include potable water used to make ice. 
‘‘(2)(A) The Secretary may issue, by rule, standard 
levels for types of automatic commercial ice makers that 
are not covered by paragraph (1). 
‘‘(B) The standards established under subparagraph 
(A) shall apply to products manufactured on or after the 
date that is— 
‘‘(i) 3 years after the date on which the rule is 
published under subparagraph (A); or 
‘‘(ii) if the Secretary determines, by rule, that 3 
years is inadequate, not later than 5 years after the 
date on which the final rule is published. 
‘‘(3)(A) Not later than January 1, 2015, with respect 
to the standards established under paragraph (1), and, with 
respect to the standards established under paragraph (2),