Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products

Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C. 6296(b)) is amended by adding at the end the following:

(6)

Voluntary certification programs for air conditioning, furnace, boiler, heat pump, and water heater products

(A)

Definition of basic model group

In this paragraph, the term basic model group means a set of models— (i)that share characteristics that allow the performance of 1 model to be generally representative of the performance of other models within the group; and (ii)in which the group of products does not necessarily have to share discrete performance. (B)

Reliance on voluntary certification programs

For the purpose of testing to verify the performance rating of, or receiving test reports from manufacturers certifying compliance with energy conservation standards and Energy Star specifications established under sections 324A, 325, and 342, the covered products described in paragraphs (3), (4), (5), (9), and (11) of section 322(a) and covered equipment described in subparagraphs (B), (C), (D), (F), (I), (J), and (K) of section 340(1), the Secretary and Administrator shall rely on voluntary certification programs that— (i)are nationally recognized; (ii)maintain a publicly available list of all certified products and equipment; (iii)as determined by the Secretary, annually test not less than 10 percent and not more than 30 percent of the basic model group of a program participant; (iv)require the changing of the performance rating or removal of the product or equipment from the program, if verification testing determines that the performance rating does not meet the levels the manufacturer has certified to the Secretary; (v)require the qualification of new participants in the program through testing and production of test reports; (vi)allow for challenge testing of products and equipment within the scope of the program; (vii)require program participants to certify the performance rating of all covered products and equipment within the scope of the program; (viii)are conducted by a certification body that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17065; (ix)provide to the Secretary— (I)an annual report of all test results; (II)prompt notification when program testing results in— (aa)the rerating of the performance rating of a product or equipment; or (bb)the delisting of a product or equipment; and (III)test reports, on the request of the Secretary or the Administrator, for Energy Star compliant products, which shall be treated as confidential business information as provided for under section 552(b)(4) of title 5, United States Code (commonly known as the Freedom of Information Act); (x)use verification testing that— (I)is conducted by an independent test laboratory that is accredited under International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Standard 17025 with a scope covering the tested products or equipment; (II)follows the test procedures established under this title; and (III)notes in each test report any instructions specified by the manufacturer or the representative of the manufacturer for the purpose of conducting the verification testing; and (xi)satisfy such other requirements as the Secretary has determined— (I)are essential to ensure standards compliance; or (II)have consensus support achieved through a negotiated rulemaking process. (C)

Administration

(i)

In general

The Secretary shall not require— (I)manufacturers to participate in a voluntary certification program described in subparagraph (B); or (II)participating manufacturers to provide information that can be obtained through a voluntary certification program described in subparagraph (B). (ii)

List of covered products

The Secretary or the Administrator may maintain a publicly available list of covered products and equipment certified under a program described in subparagraph (B) that distinguishes between— (I)covered products and equipment verified by the program; and (II)products not verified by the program. (iii)

Reduction of requirements

Any rules promulgated by the Secretary that require testing of products or equipment for certification of performance ratings shall on average reduce requirements and burdens for manufacturers participating in a voluntary certification program described in subparagraph (B) for the products or equipment relative to other manufacturers. (iv)

Periodic testing by program nonparticipants

In addition to certification requirements, the Secretary shall require a manufacturer that does not participate in a voluntary certification program described in subparagraph (B)— (I)to verify the accuracy of the performance rating of the product or equipment through periodic testing using the testing methods described in clause (iii) or (x) of subparagraph (B); and (II)to provide to the Secretary test results and, on request, test reports verifying the certified performance for each basic model group of the manufacturer. (v)

Restrictions on test laboratories

(I)

In general

Subject to subclause (II), with respect to covered products and equipment, a voluntary certification program described in subparagraph (B) shall not be a test laboratory that conducts the testing on products or equipment within the scope of the program. (II)

Limitation

Subclause (I) shall not apply to Energy Star specifications established under section 324A. (vi)

Effect on other authority

Nothing in this paragraph limits the authority of the Secretary or the Administrator to test products or equipment or to enforce compliance with any law (including regulations).