[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2908 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2908

    To amend the Energy Policy and Conservation Act to require the 
Secretary of Energy to publish a final rule that establishes a uniform 
 efficiency descriptor and accompanying test methods for covered water 
                    heaters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 18, 2009

  Mr. Kohl (for himself, Mr. Corker, and Mr. Feingold) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To amend the Energy Policy and Conservation Act to require the 
Secretary of Energy to publish a final rule that establishes a uniform 
 efficiency descriptor and accompanying test methods for covered water 
                    heaters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Heater Rating Improvement Act 
of 2009''.

SEC. 2. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER HEATERS.

    Section 325(e) of the Energy Policy and Conservation Act (42 U.S.C. 
6295(e)) is amended by adding at the end the following:
            ``(5) Uniform efficiency descriptor for covered water 
        heaters.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Covered water heater.--The term 
                        `covered water heater' means--
                                    ``(I) a water heater; and
                                    ``(II) a storage water heater, 
                                instantaneous water heater, and unfired 
                                water storage tank (as defined in 
                                section 340).
                            ``(ii) Final rule.--The term `final rule' 
                        means the final rule published under this 
                        paragraph.
                    ``(B) Publication of final rule.--Except as 
                otherwise provided in this paragraph, the Secretary 
                shall publish a final rule that establishes a uniform 
                efficiency descriptor and accompanying test methods for 
                covered water heaters--
                            ``(i) if the date of enactment of this 
                        paragraph is on or before March 31, 2010, not 
                        later than 270 days after that date; or
                            ``(ii) if the date of enactment of this 
                        paragraph is after March 31, 2010, not later 
                        than 180 days after that date.
                    ``(C) Purpose.--The purpose of the final rule shall 
                be to replace with a uniform efficiency descriptor--
                            ``(i) the energy factor descriptor for 
                        water heaters established under this 
                        subsection; and
                            ``(ii) the thermal efficiency and standby 
                        loss descriptors for storage water heaters, 
                        instantaneous water heaters, and unfired water 
                        storage tanks established under section 
                        342(a)(5).
                    ``(D) Effect of final rule.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of this title, effective 
                        beginning on the effective date of the final 
                        rule, the efficiency standard for covered water 
                        heaters shall be the efficiency descriptor 
                        established by the final rule.
                            ``(ii) Effective date.--The final rule 
                        shall take effect 1 year after the date of 
                        publication of the final rule under 
                        subparagraph (B).
                    ``(E) Conversion factor.--
                            ``(i) In general.--The Secretary shall 
                        develop a mathematical conversion factor for 
                        converting the measurement of efficiency for 
                        covered water heaters from the test procedures 
                        in effect on the date of enactment of this 
                        paragraph to the new energy descriptor 
                        established under the final rule.
                            ``(ii) Application.--The conversion factor 
                        shall apply to models of covered water heaters 
                        affected by the final rule and tested prior to 
                        the effective date of the final rule.
                            ``(iii) Effect on efficiency 
                        requirements.--The conversion factor shall not 
                        affect the minimum efficiency requirements for 
                        covered water heaters otherwise established 
                        under this title.
                            ``(iv) Use.--During the period described in 
                        clause (v), a manufacturer may apply the 
                        conversion factor established by the Secretary 
                        to rerate existing models of covered water 
                        heaters that are in existence prior to the 
                        effective date of the rule described in clause 
                        (v)(II) to comply with the new efficiency 
                        descriptor.
                            ``(v) Period.--Subclause (I) shall apply 
                        during the period--
                                    ``(I) beginning on the date of 
                                establishment of the conversion factor; 
                                and
                                    ``(II) ending on the effective date 
                                of the rule which is to be published by 
                                the Secretary not later than March 31, 
                                2010, with respect to covered water 
                                heaters (as required by the consent 
                                decree filed on November 6, 2006, in 
                                the United Stated District Court for 
                                the Southern District of New York in 
                                consolidated civil actions by 
                                plaintiffs against Samuel W. Bodman as 
                                Secretary of Energy).
                    ``(F) Exclusions.--The final rule may exclude a 
                specific category of covered water heaters from the 
                uniform efficiency descriptor established under this 
                paragraph if the Secretary determines that the category 
                of water heaters--
                            ``(i) does not have a residential use and 
                        can be clearly described in the final rule; and
                            ``(ii) are effectively rated using the 
                        thermal efficiency and standby loss descriptors 
                        applied (as of the date of enactment of this 
                        paragraph) to the category under section 
                        342(a)(5).
                    ``(G) Options.--The descriptor set by the final 
                rule may be--
                            ``(i) a revised version of the energy 
                        factor descriptor in use as of the date of 
                        enactment of this paragraph;
                            ``(ii) the thermal efficiency and standby 
                        loss descriptors in use as of that date;
                            ``(iii) a revised version of the thermal 
                        efficiency and standby loss descriptors;
                            ``(iv) a hybrid of descriptors; or
                            ``(v) a new approach.
                    ``(H) Application.--The efficiency descriptor and 
                accompanying test method established under the final 
                rule shall apply, to the maximum extent practicable, to 
                all water heating technologies in use as of the date of 
                enactment of this paragraph and to future water heating 
                technologies.
                    ``(I) Participation.--The Secretary shall invite 
                interested stakeholders to participate in the 
                rulemaking process used to establish the final rule.
                    ``(J) Testing of alternative descriptors.--In 
                establishing the final rule, the Secretary shall 
                contract with the National Institute of Standards and 
                Technology, as necessary, to conduct testing and 
                simulation of alternative descriptors identified for 
                consideration.
                    ``(K) Existing covered water heaters.--A covered 
                water heater shall be considered to comply with the 
                final rule on and after the effective date of the final 
                rule and with any revised labeling requirements 
                established by the Federal Trade Commission to carry 
                out the final rule if the covered water heater--
                            ``(i) was manufactured prior to the 
                        effective date of the final rule; and
                            ``(ii) complied with the efficiency 
                        standards and labeling requirements in effect 
                        prior to the final rule.''.
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