[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3059 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3059

     To improve the energy efficiency of appliances, lighting, and 
                   buildings, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 2, 2010

Mr. Bingaman (for himself, Ms. Murkowski, and Mr. Menendez) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To improve the energy efficiency of appliances, lighting, and 
                   buildings, 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 ``National Energy Efficiency 
Enhancement Act of 2010''.

SEC. 2. ENERGY CONSERVATION STANDARDS.

    (a) Definition of Energy Conservation Standard.--Section 321 of the 
Energy Policy and Conservation Act (42 U.S.C. 6291) is amended--
            (1) by striking paragraph (6) and inserting the following:
            ``(6) Energy conservation standard.--
                    ``(A) In general.--The term `energy conservation 
                standard' means 1 or more performance standards that--
                            ``(i) for covered products (excluding 
                        clothes washers, dishwashers, showerheads, 
                        faucets, water closets, and urinals), prescribe 
                        a minimum level of energy efficiency or a 
                        maximum quantity of energy use, determined in 
                        accordance with test procedures prescribed 
                        under section 323;
                            ``(ii) for showerheads, faucets, water 
                        closets, and urinals, prescribe a minimum level 
                        of water efficiency or a maximum quantity of 
                        water use, determined in accordance with test 
                        procedures prescribed under section 323; and
                            ``(iii) for clothes washers and 
                        dishwashers--
                                    ``(I) prescribe a minimum level of 
                                energy efficiency or a maximum quantity 
                                of energy use, determined in accordance 
                                with test procedures prescribed under 
                                section 323; and
                                    ``(II) may include a minimum level 
                                of water efficiency or a maximum 
                                quantity of water use, determined in 
                                accordance with those test procedures.
                    ``(B) Inclusions.--The term `energy conservation 
                standard' includes--
                            ``(i) 1 or more design requirements, if the 
                        requirements were established--
                                    ``(I) on or before the date of 
                                enactment of this subclause;
                                    ``(II) as part of a direct final 
                                rule under section 325(p)(4); or
                                    ``(III) as part of a final rule 
                                pub1lished on or after January 1, 2012; 
                                and
                            ``(ii) any other requirements that the 
                        Secretary may prescribe under section 325(r).
                    ``(C) Exclusion.--The term `energy conservation 
                standard' does not include a performance standard for a 
                component of a finished covered product, unless 
                regulation of the component is specifically authorized 
                or established pursuant to this title.''; and
            (2) by adding at the end the following:
            ``(66) EER.--The term `EER' means energy efficiency ratio.
            ``(67) HSPF.--The term `HSPF' means heating seasonal 
        performance factor.''.
    (b) EER and HSPF Test Procedures.--Section 323(b) of the Energy 
Policy and Conservation Act (42 U.S.C. 6293(b)) is amended by adding at 
the end the following:
            ``(19) EER and hspf test procedures.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                purposes of residential central air conditioner and 
                heat pump standards that take effect on or before 
                January 1, 2015--
                            ``(i) the EER shall be tested at an outdoor 
                        test temperature of 95 degrees Fahrenheit; and
                            ``(ii) the HSPF shall be calculated based 
                        on Region IV conditions.
                    ``(B) Revisions.--The Secretary may revise the EER 
                outdoor test temperature and the conditions for HSPF 
                calculations as part of any rulemaking to revise the 
                central air conditioner and heat pump test method.''.
    (c) Central Air Conditioners and Heat Pumps.--Section 325(d) of the 
Energy Policy and Conservation Act (42 U.S.C. 6295(d)) is amended by 
adding at the end the following:
            ``(4) Central air conditioners and heat pumps (except 
        through-the-wall central air conditioners, through-the-wall 
        central air conditioning heat pumps, and small duct, high 
        velocity systems) manufactured on or after january 1, 2015.--
                    ``(A) Base national standards.--
                            ``(i) Seasonal energy efficiency ratio.--
                        The seasonal energy efficiency ratio of central 
                        air conditioners and central air conditioning 
                        heat pumps manufactured on or after January 1, 
                        2015, shall not be less than the following:
                                    ``(I) Split Systems: 13 for central 
                                air conditioners and 14 for heat pumps.
                                    ``(II) Single Package Systems: 14.
                            ``(ii) Heating seasonal performance 
                        factor.--The heating seasonal performance 
                        factor of central air conditioning heat pumps 
                        manufactured on or after January 1, 2015, shall 
                        not be less than the following:
                                    ``(I) Split Systems: 8.2.
                                    ``(II) Single Package Systems: 8.0.
                    ``(B) Regional standards.--
                            ``(i) Seasonal energy efficiency ratio.--
                        The seasonal energy efficiency ratio of central 
                        air conditioners and central air conditioning 
                        heat pumps manufactured on or after January 1, 
                        2015, and installed in States having historical 
                        average annual, population weighted, heating 
                        degree days less than 5,000 (specifically the 
                        States of Alabama, Arizona, Arkansas, 
                        California, Delaware, Florida, Georgia, Hawaii, 
                        Kentucky, Louisiana, Maryland, Mississippi, 
                        Nevada, New Mexico, North Carolina, Oklahoma, 
                        South Carolina, Tennessee, Texas, and Virginia) 
                        or in the District of Columbia, the 
                        Commonwealth of Puerto Rico, or any other 
                        territory or possession of the United States 
                        shall not be less than the following:
                                    ``(I) Split Systems: 14 for central 
                                air conditioners and 14 for heat pumps.
                                    ``(II) Single Package Systems: 14.
                            ``(ii) Energy efficiency ratio.--The energy 
                        efficiency ratio of central air conditioners 
                        (not including heat pumps) manufactured on or 
                        after January 1, 2015, and installed in the 
                        State of Arizona, California, New Mexico, or 
                        Nevada shall be not less than the following:
                                    ``(I) Split Systems: 12.2 for split 
                                systems having a rated cooling capacity 
                                less than 45,000 BTU per hour and 11.7 
                                for products having a rated cooling 
                                capacity equal to or greater than 
                                45,000 BTU per hour.
                                    ``(II) Single Package Systems: 
                                11.0.
                            ``(iii) Application of subsection (o)(6).--
                        Subsection (o)(6) shall apply to the regional 
                        standards set forth in this subparagraph.
                    ``(C) Amendment of standards.--
                            ``(i) In general.--Not later than January 
                        1, 2017, the Secretary shall publish a final 
                        rule to determine whether the standards in 
                        effect for central air conditioners and central 
                        air conditioning heat pumps should be amended.
                            ``(ii) Application.--The rule shall provide 
                        that any amendments shall apply to products 
                        manufactured on or after January 1, 2022.
                    ``(D) Consideration of additional performance 
                standards or efficiency criteria.--
                            ``(i) Forum.--Not later than 4 years in 
                        advance of the expected publication date of a 
                        final rule for central air conditioners and 
                        heat pumps under subparagraph (C), the 
                        Secretary shall convene and facilitate a forum 
                        for interested persons that are fairly 
                        representative of relevant points of view 
                        (including representatives of manufacturers of 
                        the covered product, States, and efficiency 
                        advocates), as determined by the Secretary, to 
                        consider adding additional performance 
                        standards or efficiency criteria in the 
                        forthcoming rule.
                            ``(ii) Recommendation.--If, within 1 year 
                        of the initial convening of such a forum, the 
                        Secretary receives a recommendation submitted 
                        jointly by such representative interested 
                        persons to add 1 or more performance standards 
                        or efficiency criteria, the Secretary shall 
                        incorporate the performance standards or 
                        efficiency criteria in the rulemaking process, 
                        and, if justified under the criteria 
                        established in this section, incorporate such 
                        performance standards or efficiency criteria in 
                        the revised standard.
                            ``(iii) No recommendation.--If no such 
                        joint recommendation is made within 1 year of 
                        the initial convening of such a forum, the 
                        Secretary may add additional performance 
                        standards or efficiency criteria if the 
                        Secretary finds that the benefits substantially 
                        exceed the burdens of the action.
                    ``(E) New construction levels.--
                            ``(i) In general.--As part of any final 
                        rule concerning central air conditioner and 
                        heat pump standards published after June 1, 
                        2013, the Secretary shall determine if the 
                        building code levels specified in section 
                        327(f)(3)(C) should be amended subject to 
                        meeting the criteria of subsection (o) when 
                        applied specifically to new construction.
                            ``(ii) Effective date.--Any amended levels 
                        shall not take effect before January 1, 2018.
                            ``(iii) Amended levels.--The final rule 
                        shall contain the amended levels, if any.''.
    (d) Through-the-Wall Central Air Conditioners, Through-the-Wall 
Central Air Conditioning Heat Pumps, and Small Duct, High Velocity 
Systems.--Section 325(d) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(d)) (as amended by subsection (c)) is amended by adding at 
the end the following:
            ``(5) Standards for through-the-wall central air 
        conditioners, through-the-wall central air conditioning heat 
        pumps, and small duct, high velocity systems.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Small duct, high velocity system.--
                        The term `small duct, high velocity system' 
                        means a heating and cooling product that 
                        contains a blower and indoor coil combination 
                        that--
                                    ``(I) is designed for, and 
                                produces, at least 1.2 inches of 
                                external static pressure when operated 
                                at the certified air volume rate of 
                                220-350 CFM per rated ton of cooling; 
                                and
                                    ``(II) when applied in the field, 
                                uses high velocity room outlets 
                                generally greater than 1,000 fpm that 
                                have less than 6.0 square inches of 
                                free area.
                            ``(ii) Through-the-wall central air 
                        conditioner; through-the-wall central air 
                        conditioning heat pump.--The terms `through-
                        the-wall central air conditioner' and `through-
                        the-wall central air conditioning heat pump' 
                        mean a central air conditioner or heat pump, 
                        respectively, that is designed to be installed 
                        totally or partially within a fixed-size 
                        opening in an exterior wall, and--
                                    ``(I) is not weatherized;
                                    ``(II) is clearly and permanently 
                                marked for installation only through an 
                                exterior wall;
                                    ``(III) has a rated cooling 
                                capacity no greater than 30,000 Btu/hr;
                                    ``(IV) exchanges all of its outdoor 
                                air across a single surface of the 
                                equipment cabinet; and
                                    ``(V) has a combined outdoor air 
                                exchange area of less than 800 square 
                                inches (split systems) or less than 
                                1,210 square inches (single packaged 
                                systems) as measured on the surface 
                                area described in subclause (IV).
                            ``(iii) Revision.--The Secretary may revise 
                        the definitions contained in this subparagraph 
                        through publication of a final rule.
                    ``(B) Rulemaking.--
                            ``(i) In general.--Not later than June 30, 
                        2011, the Secretary shall publish a final rule 
                        to determine whether standards for through-the-
                        wall central air conditioners, through-the-wall 
                        central air conditioning heat pumps and small 
                        duct, high velocity systems should be 
                        established or amended.
                            ``(ii) Application.--The rule shall provide 
                        that any new or amended standard shall apply to 
                        products manufactured on or after June 30, 
                        2016.''.
    (e) Furnaces.--Section 325(f) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(f)) is amended by adding at the end the following:
            ``(5) Non-weatherized furnaces (including mobile home 
        furnaces, but not including boilers) manufactured on or after 
        may 1, 2013, and weatherized furnaces manufactured on or after 
        january 1, 2015.--
                    ``(A) Base national standards.--
                            ``(i)  Non-weatherized furnaces.--The 
                        annual fuel utilization efficiency of non-
                        weatherized furnaces manufactured on or after 
                        May 1, 2013, shall be not less than the 
                        following:
                                    ``(I) Gas furnaces: 80 percent.
                                    ``(II) Oil furnaces: 83 percent.
                            ``(ii) Weatherized furnaces.--The annual 
                        fuel utilization efficiency of weatherized gas 
                        furnaces manufactured on or after January 1, 
                        2015, shall be not less than 81 percent.
                    ``(B) Regional standard.--
                            ``(i) Annual fuel utilization efficiency.--
                        The annual fuel utilization efficiency of non-
                        weatherized gas furnaces manufactured on or 
                        after May 1, 2013, and installed in States 
                        having historical average annual, population 
                        weighted, heating degree days equal to or 
                        greater than 5000 (specifically the States of 
                        Alaska, Colorado, Connecticut, Idaho, Illinois, 
                        Indiana, Iowa, Kansas, Maine, Massachusetts, 
                        Michigan, Minnesota, Missouri, Montana, 
                        Nebraska, New Hampshire, New Jersey, New York, 
                        North Dakota, Ohio, Oregon, Pennsylvania, Rhode 
                        Island, South Dakota, Utah, Vermont, 
                        Washington, West Virginia, Wisconsin, and 
                        Wyoming) shall be not less than 90 percent.
                            ``(ii) Application of subsection (o)(6).--
                        Subsection (o)(6) shall apply to the regional 
                        standard set forth in this subparagraph.
                    ``(C) Amendment of standards.--
                            ``(i) Non-weatherized furnaces.--
                                    ``(I) In general.--Not later than 
                                January 1, 2014, the Secretary shall 
                                publish a final rule to determine 
                                whether the standards in effect for 
                                non-weatherized furnaces should be 
                                amended.
                                    ``(II) Application.--The rule shall 
                                provide that any amendments shall apply 
                                to products manufactured on or after 
                                January 1, 2019.
                            ``(ii) Weatherized furnaces.--
                                    ``(I) In general.--Not later than 
                                January 1, 2017, the Secretary shall 
                                publish a final rule to determine 
                                whether the standard in effect for 
                                weatherized furnaces should be amended.
                                    ``(II) Application.--The rule shall 
                                provide that any amendments shall apply 
                                to products manufactured on or after 
                                January 1, 2022.
                    ``(D) New construction levels.--
                            ``(i) In general.--As part of any final 
                        rule concerning furnace standards published 
                        after June 1, 2013, the Secretary shall 
                        determine if the building code levels specified 
                        in section 327(f)(3)(C) should be amended 
                        subject to meeting the criteria of subsection 
                        (o) when applied specifically to new 
                        construction.
                            ``(ii) Effective date.--Any amended levels 
                        shall not take effect before January 1, 2018.
                            ``(iii) Amended levels.--The final rule 
                        shall contain the amended levels, if any.''.
    (f) Exception for Certain Building Code Requirements.--Section 
327(f) of the Energy Policy and Conservation Act (42 U.S.C. 6297(f)) is 
amended--
            (1) in paragraph (3), by striking subparagraphs (B) through 
        (F) and inserting the following:
                    ``(B) The code does not contain a mandatory 
                requirement that, under all code compliance paths, 
                requires that the covered product have an energy 
                efficiency exceeding 1 of the following levels:
                            ``(i) The applicable energy conservation 
                        standard established in or prescribed under 
                        section 325.
                            ``(ii) The level required by a regulation 
                        of the State for which the Secretary has issued 
                        a rule granting a waiver under subsection (d).
                    ``(C) If the energy consumption or conservation 
                objective in the code is determined using covered 
                products, including any baseline building designs 
                against which all submitted building designs are to be 
                evaluated, the objective is based on the use of covered 
                products having efficiencies not exceeding--
                            ``(i) for residential furnaces, central air 
                        conditioners, and heat pumps, effective not 
                        earlier than January 1, 2013, and until such 
                        time as a level takes effect for the product 
                        under clause (ii)--
                                    ``(I) for the States described in 
                                section 325(d)(5)(B)(i)--
                                            ``(aa) 92 percent AFUE for 
                                        gas furnaces; and
                                            ``(bb) 14 SEER for central 
                                        air conditioners (not including 
                                        heat pumps);
                                    ``(II) for the States and other 
                                localities described in section 
                                325(d)(4)(B)(i) (except for the States 
                                of Arizona, California, Nevada, and New 
                                Mexico)--
                                            ``(aa) 90 percent AFUE for 
                                        gas furnaces; and
                                            ``(bb) 15 SEER for central 
                                        air conditioners;
                                    ``(III) for the States of Arizona, 
                                California, Nevada, and New Mexico--
                                            ``(aa) 92 percent AFUE for 
                                        gas furnaces;
                                            ``(bb) 15 SEER for central 
                                        air conditioners;
                                            ``(cc) an EER of 12.5 for 
                                        air conditioners (not including 
                                        heat pumps) with cooling 
                                        capacity less than 45,000 Btu 
                                        per hour; and
                                            ``(dd) an EER of 12.0 for 
                                        air conditioners (not including 
                                        heat pumps) with cooling 
                                        capacity of 45,000 Btu per hour 
                                        or more; and
                                    ``(IV) for all States--
                                            ``(aa) 85 percent AFUE for 
                                        oil furnaces; and
                                            ``(bb) 15 SEER and 8.5 HSPF 
                                        for heat pumps;
                            ``(ii) the building code levels established 
                        pursuant to section 325; or
                            ``(iii) the applicable standards or levels 
                        specified in subparagraph (B).
                    ``(D) The credit to the energy consumption or 
                conservation objective allowed by the code for 
                installing a covered product having an energy 
                efficiency exceeding the applicable standard or level 
                specified in subparagraph (C) is on a 1-for-1 
                equivalent energy use or equivalent energy cost basis, 
                which may take into account the typical lifetimes of 
                the products and building features, using lifetimes for 
                covered products based on information published by the 
                Department of Energy or the American Society of 
                Heating, Refrigerating and Air-Conditioning Engineers.
                    ``(E) If the code sets forth 1 or more combinations 
                of items that meet the energy consumption or 
                conservation objective, and if 1 or more combinations 
                specify an efficiency level for a covered product that 
                exceeds the applicable standards and levels specified 
                in subparagraph (B)--
                            ``(i) there is at least 1 combination that 
                        includes such covered products having 
                        efficiencies not exceeding 1 of the standards 
                        or levels specified in subparagraph (B); and
                            ``(ii) if 1 or more combinations of items 
                        specify an efficiency level for a furnace, 
                        central air conditioner, or heat pump that 
                        exceeds the applicable standards and levels 
                        specified in subparagraph (B), there is at 
                        least 1 combination that the State has found to 
                        be reasonably achievable using commercially 
                        available technologies that includes such 
                        products having efficiencies at the applicable 
                        levels specified in subparagraph (C), except 
                        that no combination need include a product 
                        having an efficiency less than the level 
                        specified in subparagraph (B)(ii).
                    ``(F) The energy consumption or conservation 
                objective is specified in terms of an estimated total 
                consumption of energy (which may be specified in units 
                of energy or its equivalent cost).'';
            (2) in paragraph (4)(B)--
                    (A) by inserting after ``building code'' the first 
                place it appears the following: ``contains a mandatory 
                requirement that, under all code compliance paths,''; 
                and
                    (B) by striking ``unless the'' and all that follows 
                through ``subsection (d)''; and
            (3) by adding at the end the following:
            ``(5) Replacement of covered product.--Paragraph (3) shall 
        not apply to the replacement of a covered product serving an 
        existing building unless the replacement results in an increase 
        in capacity greater than--
                    ``(A) 12,000 Btu per hour for residential air 
                conditioners and heat pumps; or
                    ``(B) 20 percent for other covered products.''.

SEC. 3. ENERGY CONSERVATION STANDARDS FOR HEAT PUMP POOL HEATERS.

    (a) Definitions.--
            (1) Efficiency descriptor.--Section 321(22) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6291(22)) is amended--
                    (A) in subparagraph (E), by inserting ``gas-fired'' 
                before ``pool heaters''; and
                    (B) by adding at the end the following:
                    ``(F) For heat pump pool heaters, coefficient of 
                performance of heat pump pool heaters.''.
            (2) Coefficient of performance of heat pump pool heaters.--
        Section 321 of the Energy Policy and Conservation Act (42 
        U.S.C. 6291)) is amended by inserting after paragraph (25) the 
        following:
            ``(25A) Coefficient of performance of heat pump pool 
        heaters.--The term `coefficient of performance of heat pump 
        pool heaters' means the ratio of the capacity to power input 
        value obtained at the following rating conditions: 50.0 F db/
        44.2 F wb outdoor air and 80.0 F entering water temperatures, 
        according to AHRI Standard 1160.''.
            (3) Thermal efficiency of gas-fired pool heaters.--Section 
        321(26) of the Energy Policy and Conservation Act (42 U.S.C. 
        6291(26)) by inserting ``gas-fired'' before ``pool heaters''.
    (b) Standards for Pool Heaters.--Section 325(e)(2) of the Energy 
Policy and Conservation Act (42 U.S.C. 6295(e)(2)) is amended--
            (1) by striking ``(2) The thermal efficiency of pool 
        heaters'' and inserting the following:
            ``(2) Pool heaters.--
                    ``(A) Gas-fired pool heaters.--The thermal 
                efficiency of gas-fired pool heaters''; and
            (2) by adding at the end the following:
                    ``(B) Heat pump pool heaters.--Heat pump pool 
                heaters manufactured on or after the date of enactment 
                of this subparagraph shall have a minimum coefficient 
                of performance of 4.0.''.

SEC. 4. EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER SUPPLIES.

    Section 325(u)(3) of the Energy Policy and Conservation Act (42 
U.S.C. 6295(u)(3)) is amended--
            (1) in subparagraph (A), by striking ``(D)'' and inserting 
        ``(E)''; and
            (2) by adding at the end the following:
                    ``(E) Nonapplication of no-load mode energy 
                efficiency standards to external power supplies for 
                certain security or life safety alarms or surveillance 
                systems.--
                            ``(i) Definition of security or life safety 
                        alarm or surveillance system.--In this 
                        subparagraph:
                                    ``(I) In general.--The term 
                                `security or life safety alarm or 
                                surveillance system' means equipment 
                                designed and marketed to perform any of 
                                the following functions (on a 
                                continuous basis):
                                            ``(aa) Monitor, detect, 
                                        record, or provide notification 
                                        of intrusion or access to real 
                                        property or physical assets or 
                                        notification of threats to life 
                                        safety.
                                            ``(bb) Deter or control 
                                        access to real property or 
                                        physical assets, or prevent the 
                                        unauthorized removal of 
                                        physical assets.
                                            ``(cc) Monitor, detect, 
                                        record, or provide notification 
                                        of fire, gas, smoke, flooding, 
                                        or other physical threats to 
                                        real property, physical assets, 
                                        or life safety.
                                    ``(II) Exclusion.--The term 
                                `security or life safety alarm or 
                                surveillance system' does not include 
                                any product with a principal function 
                                other than life safety, security, or 
                                surveillance that--
                                            ``(aa) is designed and 
                                        marketed with a built-in alarm 
                                        or theft-deterrent feature; or
                                            ``(bb) does not operate 
                                        necessarily and continuously in 
                                        active mode.
                            ``(ii) Nonapplication of no-load mode 
                        requirements.--The No-Load Mode energy 
                        efficiency standards established by this 
                        paragraph shall not apply to an external power 
                        supply manufactured before July 1, 2017, that--
                                    ``(I) is an AC-to-AC external power 
                                supply;
                                    ``(II) has a nameplate output of 20 
                                watts or more;
                                    ``(III) is certified to the 
                                Secretary as being designed to be 
                                connected to a security or life safety 
                                alarm or surveillance system component; 
                                and
                                    ``(IV) on establishment within the 
                                External Power Supply International 
                                Efficiency Marking Protocol, as 
                                referenced in the `Energy Star Program 
                                Requirements for Single Voltage 
                                External Ac-Dc and Ac-Ac Power 
                                Supplies', published by the 
                                Environmental Protection Agency, of a 
                                distinguishing mark for products 
                                described in this clause, is 
                                permanently marked with the 
                                distinguishing mark.
                            ``(iii) Administration.--In carrying out 
                        this subparagraph, the Secretary shall--
                                    ``(I) require, with appropriate 
                                safeguard for the protection of 
                                confidential business information, the 
                                submission of unit shipment data on an 
                                annual basis; and
                                    ``(II) restrict the eligibility of 
                                external power supplies for the 
                                exemption provided under this 
                                subparagraph on a finding that a 
                                substantial number of the external 
                                power supplies are being marketed to or 
                                installed in applications other than 
                                security or life safety alarm or 
                                surveillance systems.''.

SEC. 5. PROHIBITED ACTS.

    Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 
6302(a)) is amended--
            (1) in paragraphs (1) and (5), by striking ``for any 
        manufacturer or private labeler to distribute'' each place it 
        appears and inserting ``for any manufacturer (or representative 
        of a manufacturer), distributor, retailer, or private labeler 
        to offer for sale or distribute'';
            (2) by redesignating paragraph (6) (as added by section 
        321(e)(3) of Public Law 110-140 (121 Stat. 1586)) as paragraph 
        (7); and
            (3) in paragraph (7) (as so redesignated), by striking 
        ``for any manufacturer, distributor, retailer, or private 
        labeler to distribute'' and inserting ``for any manufacturer 
        (or representative of a manufacturer), distributor, retailer, 
        or private labeler to offer for sale or distribute''.

SEC. 6. OUTDOOR LIGHTING.

    (a) Definitions.--
            (1) Covered equipment.--Section 340(1) of the Energy Policy 
        and Conservation Act (42 U.S.C. 6311(1)) is amended--
                    (A) by redesignating subparagraph (L) as 
                subparagraph (O); and
                    (B) by inserting after subparagraph (K) the 
                following:
                    ``(L) Pole-mounted outdoor luminaires.
                    ``(M) High light output double-ended quartz halogen 
                lamps.
                    ``(N) General purpose mercury vapor lamps.''.
            (2) Industrial equipment.--Section 340(2)(B) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6311(2)(B)) is amended--
                    (A) by striking ``and'' before ``unfired hot 
                water''; and
                    (B) by inserting after ``tanks'' the following: ``, 
                pole-mounted outdoor luminaires, high light output 
                double-ended quartz halogen lamps, and general purpose 
                mercury vapor lamps''.
            (3) New definitions.--Section 340 of the Energy Policy and 
        Conservation Act (42 U.S.C. 6311) is amended by adding at the 
        end the following:
            ``(24) Area luminaire.--The term `area luminaire' means a 
        luminaire intended for lighting parking lots and general areas 
        that--
                    ``(A) is designed to mount on a pole using an arm, 
                pendant, or vertical tenon;
                    ``(B) has an opaque top or sides, but may contain a 
                transmissive ornamental element;
                    ``(C) has an optical aperture that is open or 
                enclosed with a flat, sag, or drop lens;
                    ``(D) is mounted in a fixed position with the 
                optical aperture near horizontal, or tilted up; and
                    ``(E) has photometric output measured using Type C 
                photometry per IESNA LM-75-01.
            ``(25) Decorative posttop luminaire.--The term `decorative 
        posttop luminaire' means a luminaire with--
                    ``(A) open or transmissive sides that is designed 
                to be mounted directly over a pole using a vertical 
                tenon or by fitting the luminaire directly into the 
                pole; and
                    ``(B) photometric output measured using Type C 
                photometry per IESNA LM-75-01.
            ``(26) Dusk-to-dawn luminaire.--The term `dusk-to-dawn 
        luminaire' means a fluorescent, induction, or high intensity 
        discharge luminaire that--
                    ``(A) is designed to be mounted on a horizontal or 
                horizontally slanted tenon or arm;
                    ``(B) has an optical assembly that is coaxial with 
                the axis of symmetry of the light source;
                    ``(C) has an optical assembly that is--
                            ``(i) a reflector or lamp enclosure that 
                        surrounds the light source with an open lower 
                        aperture; or
                            ``(ii) a refractive optical assembly 
                        surrounding the light source with an open or 
                        closed lower aperture;
                    ``(D) contains a receptacle for a photocontrol that 
                enables the operation of the light source and is either 
                coaxial with both the axis of symmetry of the light 
                source and the optical assembly or offset toward the 
                mounting bracket by less than 3 inches, or contains an 
                integral photocontrol; and
                    ``(E) has photometric output measured using Type C 
                photometry per IESNA LM-75-01.
            ``(27) Floodlight luminaire.--The term `floodlight 
        luminaire' means an outdoor luminaire designed with a yoke, 
        knuckle, or other mechanism allowing the luminaire to be aimed 
        40 degrees or more with its photometric distributions 
        established with only Type B photometry in accordance with 
        IESNA LM-75, revised 2001.
            ``(28) General purpose mercury vapor lamp.--The term 
        `general purpose mercury vapor lamp' means a mercury vapor lamp 
        (as defined in section 321) that--
                    ``(A) has a screw base;
                    ``(B) is designed for use in general lighting 
                applications (as defined in section 321);
                    ``(C) is not a specialty application mercury vapor 
                lamp; and
                    ``(D) is designed to operate on a mercury vapor 
                lamp ballast (as defined in section 321) or is a self- 
                ballasted lamp.
            ``(29) High light output double-ended quartz halogen 
        lamp.--The term `high light output double-ended quartz halogen 
        lamp' means a lamp that--
                    ``(A) is designed for general outdoor lighting 
                purposes;
                    ``(B) contains a tungsten filament;
                    ``(C) has a rated initial lumen value of greater 
                than 6,000 and less than 40,000 lumens;
                    ``(D) has at each end a recessed single contact, 
                R7s base;
                    ``(E) has a maximum overall length (MOL) between 4 
                and 11 inches;
                    ``(F) has a nominal diameter less than \3/4\ inch 
                (T6);
                    ``(G) is designed to be operated at a voltage not 
                less than 110 volts and not greater than 200 volts or 
                is designed to be operated at a voltage between 235 
                volts and 300 volts;
                    ``(H) is not a tubular quartz infrared heat lamp; 
                and
                    ``(I) is not a lamp marked and marketed as a Stage 
                and Studio lamp with a rated life of 500 hours or less.
            ``(30) Mean rated lamp lumens.--The term `mean rated lamp 
        lumens' means the rated lumens at--
                    ``(A) 40 percent of rated lamp life for metal 
                halide, induction, and fluorescent lamps; or
                    ``(B) 50 percent of rated lamp life for high 
                pressure sodium lamps.
            ``(31) Outdoor luminaire.--The term `outdoor luminaire' 
        means a luminaire that--
                    ``(A) is intended for outdoor use and suitable for 
                wet locations; and
                    ``(B) may be shipped with or without a lamp.
            ``(32) Pole-mounted outdoor luminaire.--
                    ``(A) In general.--The term `pole-mounted outdoor 
                luminaire' means an outdoor luminaire that is designed 
                to be mounted on an outdoor pole and is--
                            ``(i) an area luminaire;
                            ``(ii) a roadway and highmast luminaire;
                            ``(iii) a decorative posttop luminaire; or
                            ``(iv) a dusk-to-dawn luminaire.
                    ``(B) Exclusions.--The term `pole-mounted outdoor 
                luminaire' does not include--
                            ``(i) a portable luminaire designed for use 
                        at construction sites;
                            ``(ii) a luminaire designed to be used in 
                        emergency conditions that--
                                    ``(I) incorporates a means of 
                                storing energy and a device to switch 
                                the stored energy supply to emergency 
                                lighting loads automatically on failure 
                                of the normal power supply; and
                                    ``(II) is listed and labeled as 
                                Emergency Lighting Equipment;
                            ``(iii) a decorative gas lighting system;
                            ``(iv) a luminaire designed explicitly for 
                        lighting for theatrical purposes, including 
                        performance, stage, film production, and video 
                        production;
                            ``(v) a luminaire designed as theme 
                        elements in theme or amusement parks and that 
                        cannot be used in most general lighting 
                        applications;
                            ``(vi) a luminaire designed explicitly for 
                        hazardous locations meeting the requirements of 
                        Underwriters Laboratories Standard 844--2006, 
                        `Luminaires for Use in Hazardous (Classified) 
                        Locations';
                            ``(vii) a residential pole-mounted 
                        luminaire that is not rated for commercial use 
                        utilizing 1 or more lamps meeting the energy 
                        conservation standards established under 
                        section 325(i) and mounted on a post or pole 
                        not taller than 10.5 feet above ground and not 
                        rated for a power draw of more than 145 watts;
                            ``(viii) a floodlight luminaire;
                            ``(ix) an outdoor luminaire designed for 
                        sports and recreational area use in accordance 
                        with IESNA RP-6 and utilizing an 875 watt or 
                        greater metal halide lamp;
                            ``(x) a decorative posttop luminaire 
                        designed for using high intensity discharge 
                        lamps with total lamp wattage of 150 or less, 
                        or designed for using other lamp types with 
                        total lamp wattage of 50 watts or less;
                            ``(xi) an area luminaire, roadway and 
                        highmast luminaire, or dusk-to-dawn luminaire 
                        designed for using high intensity discharge 
                        lamps or pin-based compact fluorescent lamps 
                        with total lamp wattage of 100 or less, or 
                        other lamp types with total lamp wattage of 50 
                        watts or less; and
                            ``(xii) an area luminaire, roadway and 
                        highmast luminaire, or dusk-to-dawn luminaire 
                        with a backlight rating less than 2 and with 
                        the maximum of the uplight or glare rating 3 or 
                        less.
            ``(33) Roadway and highmast luminaire.--The term `roadway 
        and highmast luminaire' means a luminaire intended for lighting 
        streets and roadways that--
                    ``(A) is designed to mount on a pole by clamping 
                onto the exterior of a horizontal or horizontally 
                slanted, circular cross-section pipe tenon;
                    ``(B) has opaque tops or sides;
                    ``(C) has an optical aperture that is open or 
                enclosed with a flat, sag or drop lens;
                    ``(D) is mounted in a fixed position with the 
                optical aperture near horizontal, or tilted up; and
                    ``(E) has photometric output measured using Type C 
                photometry per IESNA LM-75-01.
            ``(34) Specialty application mercury vapor lamp.--The term 
        `specialty application mercury vapor lamp' means a mercury 
        vapor lamp (as defined in section 321) that is--
                    ``(A) designed only to operate on a specialty 
                application mercury vapor lamp ballast (as defined in 
                section 321); and
                    ``(B) is marked and marketed for specialty 
                applications only.
            ``(35) Target efficacy rating.--The term `target efficacy 
        rating' means a measure of luminous efficacy of a luminaire (as 
        defined in NEMA LE-6-2009).
            ``(36) Tubular quartz infrared heat lamp.--The term 
        `tubular quartz infrared heat lamp' means a double-ended quartz 
        halogen lamp that--
                    ``(A) is marked and marketed as an infrared heat 
                lamp; and
                    ``(B) radiates predominately in the infrared 
                radiation range and in which the visible radiation is 
                not of principle interest.''.
    (b) Standards.--Section 342 of the Energy Policy and Conservation 
Act (42 U.S.C. 6313) is amended by adding at the end the following:
    ``(g) Pole-Mounted Outdoor Luminaires.--
            ``(1) Target efficacy rating, lumen maintenance and power 
        factor requirements.--
                    ``(A) Definition of maximum of uplight or glare 
                rating.--In this paragraph, the term `maximum of 
                uplight or glare rating' means, for any specific 
                outdoor luminaire, the higher of the uplight rating or 
                glare rating of the luminaire.
                    ``(B) Requirements.--Each pole-mounted outdoor 
                luminaire manufactured on or after the date that is 3 
                years after the date of enactment of this subsection 
                shall--
                            ``(i) meet or exceed the target efficacy 
                        ratings in the following table when tested at 
                        full system input watts:

                 ``Area, Roadway or Highmast luminaires
------------------------------------------------------------------------
                                  Maximum of Uplight or Glare rating
------------------------------------------------------------------------
      Backlight Rating           0 or 1         2 or 3         4 or 5
------------------------------------------------------------------------
                   0 or 1              38             38             38
                   2 or 3              38             38             42
                   4 or 5              38             42             43
------------------------------------------------------------------------


             ``Decorative Posttop or Dusk-to-Dawn luminaires
------------------------------------------------------------------------
                                  Maximum of Uplight or Glare rating
------------------------------------------------------------------------
      Backlight Rating           0 or 1         2 or 3         4 or 5
------------------------------------------------------------------------
                   0 or 1              25             25             25
                   2 or 3              25             25             28
                   4 or 5              25             28            28;
------------------------------------------------------------------------

                            ``(ii) use lamps that have a minimum of 0.6 
                        lumen maintenance, as determined in accordance 
                        with IESNA LM-80 for Solid State Lighting 
                        sources or calculated as mean rated lamp lumens 
                        divided by initial rated lamp lumens for other 
                        light sources; and
                            ``(iii) have a power factor equal to or 
                        greater than 0.9 at ballast full power, except 
                        in the case of pole-mounted outdoor luminaires 
                        designed for using high intensity discharge 
                        lamps with a total rated lamp wattage of 150 
                        watts or less, which shall have no power factor 
                        requirement.
            ``(2) Control requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each area luminaire manufactured on 
                or after the date that is 3 years after the date of 
                enactment of this subsection shall be sold--
                            ``(i) with integral controls that shall 
                        have the capability of operating the luminaire 
                        at full power and a minimum of 1 reduced power 
                        level plus off, in which case the power 
                        reduction shall be at least 30 percent of the 
                        rated lamp power; or
                            ``(ii) with internal electronics and 
                        connective wiring or hardware (including wire 
                        leads, pigtails, inserts for wires, pin bases, 
                        or the equivalent) that--
                                    ``(I) collectively enable the area 
                                luminaire, if properly connected to an 
                                appropriate control system, to operate 
                                at full power and a minimum of 1 
                                reduced power level plus off, in which 
                                case the reduced power level shall be 
                                at least 30 percent lower than the 
                                rated lamp power in response to signals 
                                sent by controls not integral to the 
                                luminaire as sold, that may be 
                                connected in the field; and
                                    ``(II) have connections from the 
                                components that are easily accessible 
                                in the luminaire housing and have 
                                instructions applicable to appropriate 
                                control system connections that are 
                                included with the luminaire.
                    ``(B) Nonapplication.--The control requirements of 
                this paragraph shall not apply to--
                            ``(i) pole-mounted outdoor luminaires 
                        utilizing probe-start metal halide lamps with 
                        rated lamp power greater than 500 watts 
                        operating in non-base-up positions; or
                            ``(ii) pole-mounted outdoor luminaires 
                        utilizing induction lamps.
                    ``(C) Integral photosensors.--Each pole-mounted 
                outdoor luminaire sold with an integral photosensor 
                shall use an electronic-type photocell.
            ``(3) Rulemaking commencing not later than 60 days after 
        the date of enactment.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this subsection, the Secretary 
                shall initiate a rulemaking procedure to determine 
                whether the standards in effect for pole-mounted 
                outdoor luminaires should be amended.
                    ``(B) Final rule.--
                            ``(i) Publication.--The Secretary shall 
                        publish a final rule containing the amendments, 
                        if any, not later than January 1, 2013, or the 
                        date that is 33 months after the date of 
                        enactment of this subsection, whichever is 
                        later.
                            ``(ii) Application.--Any amendments shall 
                        apply to products manufactured on or after 
                        January 1, 2016, or the date that is 3 years 
                        after the final rule is published in the 
                        Federal Register, whichever is later.
                    ``(C) Review.--
                            ``(i) In general.--As part of the 
                        rulemaking required under this paragraph, the 
                        Secretary shall review and may amend the 
                        definitions, exclusions, test procedures, power 
                        factor standards, lumen maintenance 
                        requirements, labeling requirements, and 
                        additional control requirements, including 
                        dimming functionality, for all pole-mounted 
                        outdoor luminaires.
                            ``(ii) Factors.--The review of the 
                        Secretary shall include consideration of--
                                    ``(I) obstacles to compliance and 
                                whether compliance is evaded by 
                                substitution of nonregulated luminaires 
                                for regulated luminaires or allowing 
                                luminaires to comply with the standards 
                                established under this part based on 
                                use of non-standard lamps, as provided 
                                for in section 343(a)(10)(D)(i)(II);
                                    ``(II) statistical data relating to 
                                pole-mounted outdoor luminaires that--
                                            ``(aa) the Secretary shall 
                                        request not later than 120 days 
                                        after the date of enactment of 
                                        this subsection from all 
                                        identifiable manufacturers of 
                                        pole-mounted outdoor 
                                        luminaires, directly from 
                                        manufacturers of pole-mounted 
                                        outdoor luminaires or, in the 
                                        case of members of the National 
                                        Electrical Manufacturers 
                                        Association, from the National 
                                        Electrical Manufacturers 
                                        Association;
                                            ``(bb) is considered 
                                        necessary for the rulemaking; 
                                        and
                                            ``(cc) shall be made 
                                        publicly available in a manner 
                                        that does not reveal 
                                        manufacturer identity or 
                                        confidential business 
                                        information, in a timely manner 
                                        for discussion at any public 
                                        proceeding at which comment is 
                                        solicited from the public in 
                                        connection with the rulemaking, 
                                        except that nothing in this 
                                        subclause restricts the 
                                        Secretary from seeking 
                                        additional information during 
                                        the course of the rulemaking; 
                                        and
                                    ``(III) phased-in effective dates 
                                for different types of pole-mounted 
                                outdoor luminaires that are submitted 
                                to the Secretary in the manner provided 
                                for in section 325(p)(4), except that 
                                the phased-in effective dates shall not 
                                be subject to subparagraphs (A) and (B) 
                                of this paragraph.
            ``(4) Rulemaking before february 1, 2015.--
                    ``(A) In general.--Not later than February 1, 2015, 
                the Secretary shall initiate a rulemaking procedure to 
                determine whether the standards in effect for pole-
                mounted outdoor luminaires should be amended.
                    ``(B) Final rule.--
                            ``(i) Publication.--The Secretary shall 
                        publish a final rule containing the amendments, 
                        if any, not later than January 1, 2018.
                            ``(ii) Application.--Any amendments shall 
                        apply to products manufactured on or after 
                        January 1, 2021.
                    ``(C) Review.--
                            ``(i) In general.--As part of the 
                        rulemaking required under this paragraph, the 
                        Secretary shall review and may amend the 
                        definitions, exclusions, test procedures, power 
                        factor standards, lumen maintenance 
                        requirements, labeling requirements, and 
                        additional control requirements, including 
                        dimming functionality, for all pole-mounted 
                        outdoor luminaires.
                            ``(ii) Factors.--The review of the 
                        Secretary shall include consideration of--
                                    ``(I) obstacles to compliance and 
                                whether compliance is evaded by 
                                substitution of nonregulated luminaires 
                                for regulated luminaires or allowing 
                                luminaires to comply with the standards 
                                established under this part based on 
                                use of nonstandard lamps, as provided 
                                for in section 343(a)(10)(D)(i)(II);
                                    ``(II) statistical data relating to 
                                pole-mounted outdoor luminaires that--
                                            ``(aa) the Secretary 
                                        considers necessary for the 
                                        rulemaking and requests not 
                                        later than June 1, 2015, from 
                                        all identifiable manufacturers 
                                        of pole-mounted outdoor 
                                        luminaires, directly from 
                                        manufacturers of pole-mounted 
                                        outdoor luminaires and, in the 
                                        case of members of the National 
                                        Electrical Manufacturers 
                                        Association, from the National 
                                        Electrical Manufacturers 
                                        Association; and
                                            ``(bb) shall be made 
                                        publicly available in a manner 
                                        that does not reveal 
                                        manufacturer identity or 
                                        confidential business 
                                        information, in a timely manner 
                                        for discussion at any public 
                                        proceeding at which comment is 
                                        solicited from the public in 
                                        connection with the rulemaking, 
                                        except that nothing in this 
                                        subclause restricts the 
                                        Secretary from seeking 
                                        additional information during 
                                        the course of the rulemaking; 
                                        and
                                    ``(III) phased-in effective dates 
                                for different types of pole-mounted 
                                outdoor luminaires that are submitted 
                                to the Secretary in the manner provided 
                                for in section 325(p)(4), except that 
                                the phased-in effective dates shall not 
                                be subject to subparagraphs (A) and (B) 
                                of this paragraph.
    ``(h) High Light Output Double-Ended Quartz Halogen Lamps.--A high 
light output double-ended quartz halogen lamp manufactured on or after 
January 1, 2016, shall have a minimum efficiency of--
            ``(1) 27 LPW for lamps with a minimum rated initial lumen 
        value greater than 6,000 and a maximum initial lumen value of 
        15,000; and
            ``(2) 34 LPW for lamps with a rated initial lumen value 
        greater than 15,000 and less than 40,000.
    ``(i) General Purpose Mercury Vapor Lamps.--A general purpose 
mercury vapor lamp shall not be manufactured on or after January 1, 
2016.''.
    (c) Test Methods.--Section 343(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6314(a)) is amended by adding at the end 
the following:
            ``(10) Pole-mounted outdoor luminaires.--
                    ``(A) In general.--With respect to pole-mounted 
                outdoor luminaires to which standards are applicable 
                under section 342, the test methods shall be those 
                described in this paragraph.
                    ``(B) Photometric test methods.--For photometric 
                test methods, the methods shall be those specified in--
                            ``(i) IES LM-10-96--Approved Method for 
                        Photometric Testing of Outdoor Fluorescent 
                        Luminaires;
                            ``(ii) IES LM-31-95--Photometric Testing of 
                        Roadway Luminaires Using Incandescent Filament 
                        and High Intensity Discharge Lamps;
                            ``(iii) IES LM-79-08--Electrical and 
                        Photometric Measurements of Solid-State 
                        Lighting Products;
                            ``(iv) IES LM-80-08--Measuring Lumen 
                        Maintenance of LED Light Sources;
                            ``(v) IES LM-40-01--Life testing of 
                        Fluorescent Lamps;
                            ``(vi) IES LM-47-01--Life testing of High 
                        Intensity Discharge (HID) Lamps;
                            ``(vii) IES LM-49-01--Life testing of 
                        Incandescent Filament Lamps;
                            ``(viii) IES LM-60-01--Life testing of Low 
                        Pressure Sodium Lamps; and
                            ``(ix) IES LM-65-01--Life testing of 
                        Compact Fluorescent Lamps.
                    ``(C) Outdoor backlight, uplight, and glare 
                ratings.--For determining outdoor backlight, uplight, 
                and glare ratings, the classifications shall be those 
                specified in IES TM-15-07--Luminaire Classification 
                System for Outdoor Luminaires with Addendum A.
                    ``(D) Target efficacy rating.--For determining the 
                target efficacy rating, the procedures shall be those 
                specified in NEMA LE-6-2009--`Procedure for Determining 
                Target Efficacy Ratings (TER) for Commercial, 
                Industrial and Residential Luminaires,' and all of the 
                following additional criteria (as applicable):
                            ``(i) The target efficacy rating shall be 
                        calculated based on the initial rated lamp 
                        lumen and rated watt value equivalent to the 
                        lamp with which the luminaire is shipped, or, 
                        if not shipped with a lamp, the target efficacy 
                        rating shall be calculated based on--
                                    ``(I) the applicable standard lamp 
                                as established by subparagraph (E); or
                                    ``(II) a lamp that has a rated 
                                wattage and rated initial lamp lumens 
                                that are the same as the maximum lamp 
                                watts and minimum lamp lumens labeled 
                                on the luminaire, in accordance with 
                                section 344(f).
                            ``(ii) If the luminaire is designed to 
                        operate at more than 1 nominal input voltage, 
                        the ballast input watts used in the target 
                        efficacy rating calculation shall be the 
                        highest value for any nominal input voltage for 
                        which the ballast is designed to operate.
                            ``(iii) If the luminaire is a pole-mounted 
                        outdoor luminaire that contains a ballast that 
                        is labeled to operate lamps of more than 1 
                        wattage, the luminaire shall--
                                    ``(I) meet or exceed the target 
                                efficacy rating in the table in section 
                                342(g)(1)(A) calculated in accordance 
                                with clause (i) for all lamp wattages 
                                that the ballast is labeled to operate;
                                    ``(II) be constructed such that the 
                                luminaire is only capable of accepting 
                                lamp wattages that produce target 
                                efficacy ratings that meet or exceed 
                                the values in the table in section 
                                342(g)(1)(A) calculated in accordance 
                                with clause (i); or
                                    ``(III) be rated and prominently 
                                labeled for a maximum lamp wattage that 
                                results in the luminaire meeting or 
                                exceeding the target efficacy rating in 
                                the table in section 342(g)(1)(A) when 
                                calculated and labeled in accordance 
                                with clause (i).
                            ``(iv) If the luminaire is a pole-mounted 
                        outdoor luminaire that is constructed such that 
                        the luminaire will only accept an ANSI Type-O 
                        lamp, the luminaire shall meet or exceed the 
                        target efficacy rating in the table in section 
                        342(g)(1)(A) when tested with an ANSI Type-O 
                        lamp.
                            ``(v) If the luminaire is a pole-mounted 
                        outdoor luminaire that is marketed to use a 
                        coated lamp, the luminaire shall meet or exceed 
                        the target efficacy rating in the table in 
                        section 342(g)(1)(A) when tested with a coated 
                        lamp.
                            ``(vi) If the luminaire is a solid state 
                        lighting pole-mounted outdoor luminaire, the 
                        luminaire shall have its target efficacy rating 
                        calculated based on the combination of absolute 
                        luminaire lumen values and input wattages that 
                        results in the lowest possible target efficacy 
                        rating for any light source, including ranges 
                        of correlated color temperature and color 
                        rendering index values, for which the luminaire 
                        is marketed by the luminaire manufacturer.
                            ``(vii) If the luminaire is a high 
                        intensity discharge pole-mounted outdoor 
                        luminaire using a ballast that has a ballast 
                        factor different than 1, the target efficacy 
                        rating of the luminaire shall be calculated by 
                        using the input watts needed to operate the 
                        lamp at full rated power, or by using the 
                        actual ballast factor of the ballast.
                    ``(E) Table of standard lamp types.--
                            ``(i) In general.--The National Electrical 
                        Manufacturers Association shall develop and 
                        publish not later than 1 year after the date of 
                        enactment of this paragraph and thereafter 
                        maintain and regularly update on a publicly 
                        available website a table including standard 
                        lamp types by wattage, ANSI code, initial lamp 
                        lumen value, lamp orientation, and lamp finish.
                            ``(ii) Initial lamp lumen values.--The 
                        initial lamp lumen values shall--
                                    ``(I) be determined according to a 
                                uniform rating method and tested 
                                according to accepted industry practice 
                                for each lamp that is considered for 
                                inclusion in the table; and
                                    ``(II) in each case contained in 
                                the table, be the lowest known initial 
                                lamp lumen value that approximates 
                                typical performance in representative 
                                general outdoor lighting applications.
                            ``(iii) Actions.--On completion of the 
                        table required by this subparagraph and any 
                        updates to the table--
                                    ``(I) the National Electrical 
                                Manufacturers Association shall submit 
                                the table and any updates to the 
                                Secretary; and
                                    ``(II) the Secretary shall--
                                            ``(aa) publish the table 
                                        and any comments that are 
                                        included with the table in the 
                                        Federal Register;
                                            ``(bb) solicit public 
                                        comment on the table; and
                                            ``(cc) not later than 180 
                                        days after date of receipt of 
                                        the table, after considering 
                                        the factors described in clause 
                                        (iv), adopt the table for 
                                        purposes of this part.
                            ``(iv) Rebuttable presumption.--
                                    ``(I) In general.--There shall be a 
                                rebuttable presumption that the table 
                                and any updates to the table 
                                transmitted by the National Electrical 
                                Manufacturers Association to the 
                                Secretary meets the requirements of 
                                this subparagraph, which may be 
                                rebutted only if the Secretary finds by 
                                clear and substantial evidence that--
                                            ``(aa) data have been 
                                        included that were not the 
                                        result of having applied 
                                        applicable industry standards; 
                                        or
                                            ``(bb) lamps have been 
                                        included in the table that are 
                                        not representative of general 
                                        outdoor lighting applications.
                                    ``(II) Conforming changes.--If 
                                subclause (I) applies, the National 
                                Electrical Manufacturers Association 
                                shall conform the published table of 
                                the Association to the table adopted by 
                                the Secretary.
                            ``(v) Nontransmission of table.--If the 
                        National Electrical Manufacturers Association 
                        has not submitted the table to the Secretary 
                        within 1 year after the date of enactment of 
                        this paragraph, the Secretary shall develop, 
                        publish, and adopt the table not later than 18 
                        months after the date of enactment of this 
                        paragraph and update the table regularly.
                    ``(F) Amendment of test methods.--The Secretary 
                may, by rule, adopt new or additional test methods for 
                pole-mounted outdoor luminaires in accordance with this 
                section.''.
    (d) Labeling.--Section 344 of the Energy Policy and Conservation 
Act (42 U.S.C. 6315) is amended--
            (1) in subsections (d) and (e), by striking ``(h)'' each 
        place it appears and inserting ``(i)'';
            (2) by redesignating subsections (f) through (k) as 
        subsections (g) through (l), respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Labeling Rules for Pole-Mounted Outdoor Luminaires.--
            ``(1) In general.--Subject to subsection (i), not later 
        than 1 year after the date of enactment of this paragraph, the 
        Secretary shall establish labeling rules under this part for 
        pole-mounted outdoor luminaires manufactured on or after the 
        date on which standards established under section 342(g) take 
        effect.
            ``(2) Rules.--The rules shall require--
                    ``(A) for pole-mounted outdoor luminaires, that the 
                luminaire, be marked with a capital letter `P' printed 
                within a circle in a conspicuous location on both the 
                pole-mounted luminaire and its packaging to indicate 
                that the pole-mounted outdoor luminaire conforms to the 
                energy conservation standards established in section 
                342(g); and
                    ``(B) for pole-mounted outdoor luminaires that do 
                not contain a lamp in the same shipment with the 
                luminaire and are tested with a lamp with a lumen 
                rating exceeding the standard lumen value specified in 
                the table established under section 343(a)(10)(E), that 
                the luminaire--
                            ``(i) be labeled to identify the minimum 
                        rated initial lamp lumens and maximum rated 
                        lamp watts required to conform to the energy 
                        conservation standards established in section 
                        342(g); and
                            ``(ii) bear a statement on the label that 
                        states: `Product violates Federal law when 
                        installed with a standard lamp. Use only a lamp 
                        that meets the minimum lumens and maximum watts 
                        provided on this label.'.''.
    (e) Preemption.--Section 345 of the Energy Policy and Conservation 
Act (42 U.S.C. 6316) is amended--
            (1) in the first sentence of subsection (a), by striking 
        ``The'' and inserting ``Except as otherwise provided in this 
        section, the''; and
            (2) by adding at the end the following:
    ``(i) Pole-Mounted Outdoor Luminaires and High Light Output Double-
Ended Quartz Halogen Lamps.--
            ``(1) In general.--Except as provided in paragraph (2), 
        section 327 shall apply to pole-mounted outdoor luminaires and 
        high light output double-ended quartz halogen lamps to the same 
        extent and in the same manner as the section applies under part 
        B.
            ``(2) State energy conservation standards.--Any State 
        energy conservation standard that is adopted on or before 
        January 1, 2015, pursuant to a statutory requirement to adopt 
        efficiency standard for reducing outdoor lighting energy use 
        enacted prior to January 31, 2008, shall not be preempted.''.

SEC. 7. ENERGY EFFICIENCY PROVISIONS.

    (a) Direct Final Rule.--Section 323(b)(1) of the Energy Policy and 
Conservation Act (42 U.S.C. 6293(b)(1)) is amended by adding at the end 
the following:
                    ``(B) Test procedures.--The Secretary may, in 
                accordance with the requirements of this subsection, 
                prescribe test procedures for any consumer product 
                classified as a covered product under section 322(b).
                    ``(C) New or amended test procedures.--The 
                Secretary shall direct the National Bureau of Standards 
                to assist in developing new or amended test procedures.
                    ``(D) Direct final rule.--The Secretary may adopt a 
                consensus test procedure in accordance with the direct 
                final rule procedure established under section 
                325(p)(4).''.
    (b) Criteria for Prescribing New or Amended Standards.--Section 
325(o) of the Energy Policy and Conservation Act (42 U.S.C. 6295(o)) is 
amended--
            (1) in paragraph (2)(B)--
                    (A) in clause (i)--
                            (i) in subclause (III), by adding before 
                        the semicolon ``and the estimated impact on 
                        average energy prices'';
                            (ii) in subclause (VI), by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) by redesignating subclause (VII) as 
                        subclause (VIII); and
                            (iv) by inserting after subclause (VI) the 
                        following:
                                    ``(VII) the net energy, 
                                environmental, and economic impacts due 
                                to smart grid technologies or 
                                capabilities in a covered product that 
                                enable demand response or response to 
                                time-dependent energy pricing, taking 
                                into consideration the rate of use of 
                                the smart grid technologies or 
                                capabilities over the life of the 
                                product that is likely to result from 
                                the imposition of the standard; and''; 
                                and
                    (B) in clause (iii)--
                            (i) by striking ``(iii) If the Secretary 
                        finds'' and inserting the following:
                            ``(iii) Rebuttable presumption.--
                                    ``(I) In general.--Subject to 
                                subclause (II), if the Secretary 
                                finds'';
                            (ii) in subclause (I) (as designated by 
                        clause (i)), by striking ``three'' and 
                        inserting ``4''; and
                            (iii) by striking the second sentence and 
                        inserting the following:
                                    ``(II) Multiplier for certain 
                                products.--For any product with an 
                                average expected useful life of less 
                                than 4 years, the rebuttable 
                                presumption described in subclause (I) 
                                shall be determined using 75 percent of 
                                the average expected useful life of the 
                                product as a multiplier instead of 4.
                                    ``(III) Requirement for rebuttal of 
                                presumption.--A presumption described 
                                in subclause (I) may be rebutted only 
                                if the Secretary finds, based on clear 
                                and substantial evidence, that--
                                            ``(aa) the standard level 
                                        would cause substantial 
                                        hardship to the average 
                                        consumer of the product, or to 
                                        manufacturers supplying a 
                                        significant portion of the 
                                        market for the product, in 
                                        terms of manufacturing or 
                                        product cost or loss of product 
                                        utility or features, the 
                                        aggregate of which outweighs 
                                        the benefits of the standard 
                                        level;
                                            ``(bb) the standard and 
                                        implementing regulations cannot 
                                        reasonably be designed to avoid 
                                        or mitigate any hardship 
                                        described in item (aa) 
                                        (including through the adoption 
                                        of regional standards for the 
                                        products identified in, and 
                                        consistent with, paragraph (6) 
                                        or other reasonable means 
                                        consistent with this part) and 
                                        the hardship cannot be avoided 
                                        or mitigated through the 
                                        procedures described in section 
                                        504 of the Department of Energy 
                                        Organization Act (42 U.S.C. 
                                        7194); and
                                            ``(cc) the same or a 
                                        substantially similar hardship 
                                        with respect to a hardship 
                                        described in item (aa) would 
                                        not occur under a standard 
                                        adopted in the absence of the 
                                        presumption, but that otherwise 
                                        meets the requirements of this 
                                        section.
                                    ``(IV) Prohibited factors for 
                                determination.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), a 
                                        determination by the Secretary 
                                        that the criteria triggering a 
                                        presumption described in 
                                        subclause (I) are not met, or 
                                        that the criterion for 
                                        rebutting the presumption are 
                                        met, shall not be taken into 
                                        consideration by the Secretary 
                                        in determining whether a 
                                        standard is economically 
                                        justified.
                                            ``(bb) Exception.--Evidence 
                                        presented regarding the 
                                        presumption may be considered 
                                        by the Secretary in making a 
                                        determination described in item 
                                        (aa).''; and
            (2) by adding at the end the following:
            ``(7) Incorporation of smart grid technologies.--The 
        Secretary may incorporate smart grid technologies or 
        capabilities into standards under this section, including 
        through--
                    ``(A) standards for covered products that require 
                specific technologies or capabilities;
                    ``(B) standards that provide credit for smart grid 
                technologies or capabilities, to the extent the smart 
                grid technologies or capabilities provide net benefits 
                substantially equivalent to benefits of products that 
                meet the standards without smart grid technologies or 
                capabilities, taking into consideration energy, 
                economic, and environmental impacts (including 
                emissions reductions from electrical generation); and
                    ``(C) multiple performance standards or design 
                requirements to achieve--
                            ``(i) the goals of--
                                    ``(I) reducing overall energy use; 
                                and
                                    ``(II) reducing peak demand; or
                            ``(ii) other smart grid goals.''.
    (c) Obtainment of Appliance Information From Manufacturers.--
Section 326 of the Energy Policy and Conservation Act (42 U.S.C. 6296) 
is amended by striking subsection (d) and inserting the following:
    ``(d) Information Requirements.--
            ``(1) In general.--For purposes of carrying out this part, 
        the Secretary shall promulgate proposed regulations not later 
        than 1 year after the date of enactment of the National Energy 
        Efficiency Enhancement Act of 2010, and after receiving public 
        comment, final regulations not later than 18 months after the 
        date of enactment of that Act, under this part or other 
        provision of law administered by the Secretary, that shall 
        require each manufacturer of a covered product, on a product 
        specific basis, to submit information or reports to the 
        Secretary--
                    ``(A) in such form as the Secretary may adopt; and
                    ``(B) on--
                            ``(i) an annual basis; or
                            ``(ii) any other regular basis that is not 
                        less frequent than once every 3 years.
            ``(2) Form and content of reports.--The form and content of 
        each report required by a manufacturer of a covered product 
        under paragraph (1)--
                    ``(A) may vary by product type, as determined by 
                the Secretary; and
                    ``(B) shall include information or data regarding--
                            ``(i) the compliance by the manufacturer 
                        with respect to each requirement applicable 
                        pursuant to this part;
                            ``(ii) the annual shipments by the 
                        manufacturer of each class or category of 
                        covered products, subdivided, to the extent 
                        practicable, by--
                                    ``(I) energy efficiency, energy 
                                use, and, if applicable, water use;
                                    ``(II) the presence or absence of 
                                such efficiency related or energy 
                                consuming operational characteristics 
                                or components as the Secretary 
                                determines to be relevant for the 
                                purposes of carrying out this part; and
                                    ``(III) the State or regional 
                                location of sale for covered products 
                                for which the Secretary may adopt 
                                regional standards; and
                            ``(iii) such other categories of 
                        information that the Secretary determines to be 
                        relevant to carry out this part, including such 
                        other information that may be necessary--
                                    ``(I) to establish and revise--
                                            ``(aa) test procedures;
                                            ``(bb) labeling rules; and
                                            ``(cc) energy conservation 
                                        standards;
                                    ``(II) to ensure compliance with 
                                the requirements of this part; and
                                    ``(III) to estimate the impacts on 
                                consumers and manufacturers of energy 
                                conservation standards in effect as of 
                                the reporting date.
            ``(3) Requirements of secretary in promulgating 
        regulations.--In promulgating regulations under paragraph (1), 
        the Secretary shall consider--
                    ``(A) existing public sources of information, 
                including nationally recognized certification or 
                verification programs of trade associations; and
                    ``(B)(i) whether some or all of the information 
                described in paragraph (2) is submitted to another 
                Federal agency; and
                    ``(ii) the means by which to minimize any 
                duplication of requests for information by Federal 
                agencies.
            ``(4) Minimization of burdens on manufacturers.--In 
        carrying out this subsection, the Secretary shall exercise the 
        authority of the Secretary under this subsection in a manner 
        designed to minimize burdens on the manufacturers of covered 
        products.
            ``(5) Reporting of energy information.--
                    ``(A) In general.--Subject to subparagraph (B), 
                section 11(d) of the Energy Supply and Environmental 
                Coordination Act of 1974 (15 U.S.C. 796(d)) shall apply 
                with respect to information obtained under this 
                subsection to the same extent and in the same manner as 
                section 11(d) of that Act applies with respect to 
                energy information obtained under section 11 of that 
                Act.
                    ``(B) Administration.--Subparagraph (A) shall apply 
                to the extent that subparagraph (A) does not conflict 
                with the duties of the Secretary in carrying out this 
                part.
            ``(6) Coordination with state agencies.--In adopting 
        reporting requirements under paragraph (1), the Secretary 
        shall, to the extent practicable, coordinate with State 
        agencies that conduct similar data gathering initiatives--
                    ``(A) to ensure the uniformity of the requirements; 
                and
                    ``(B) to mitigate reporting burdens.
            ``(7) Periodic revisions.--In accordance with each 
        procedure and criteria required under paragraph (1), the 
        Secretary may periodically revise the reporting requirements 
        adopted under paragraph (1).''.
    (d) Waiver of Federal Preemption.--Section 327(d)(1) of the Energy 
Policy and Conservation Act (42 U.S.C. 6297(d)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) by inserting ``(i)'' before ``Subject to 
                paragraphs''; and
                    (B) by adding at the end the following:
    ``(ii) In making a finding under clause (i), the Secretary may not 
reject a petition for failure of the petitioning State or river basin 
commission to produce confidential information maintained by any 
manufacturer or distributor, or group or association of manufacturers 
or distributors, that the petitioning party has requested and not 
received.''; and
            (2) in the matter following subparagraph (C)(ii), by adding 
        at the end the following: ``Notwithstanding the preceding 
        sentence, the Secretary may approve a waiver petition submitted 
        by a State that does not have an energy plan and forecast if 
        the waiver petition concerns a State regulation adopted 
        pursuant to a notice and comment rulemaking proceeding.''.
    (e) Permitting States To Seek Injunctive Enforcement.--Section 334 
of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended 
to read as follows:

``SEC. 334. PERMITTING STATES TO SEEK INJUNCTIVE ENFORCEMENT.

    ``(a) Jurisdiction.--The United States district courts shall have 
original jurisdiction of a civil action seeking an injunction to 
restrain--
            ``(1) any violation of section 332; and
            ``(2) any person from distributing in commerce any covered 
        product that does not comply with an applicable rule under 
        section 324 or 325.
    ``(b) Authority.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        action under subsection (a) shall be brought by--
                    ``(A) the Commission; or
                    ``(B) the attorney general of a State in the name 
                of the State.
            ``(2) Exceptions.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                only the Secretary may bring an action under this 
                section to restrain--
                            ``(i) a violation of section 332(a)(3) 
                        relating to a requirement prescribed by the 
                        Secretary; or
                            ``(ii) a violation of section 332(a)(4) 
                        relating to a request by the Secretary under 
                        section 326(b)(2).
                    ``(B) Other prohibited acts.--An action under this 
                section regarding a violation of paragraph (5) or (7) 
                of section 332(a) shall be brought by--
                            ``(i) the Secretary; or
                            ``(ii) the attorney general of a State in 
                        the name of the State.
    ``(c) Limitation.--If an action under this section is brought by 
the attorney general of a State--
            ``(1) not less than 30 days before the date of commencement 
        of the action, the State shall--
                    ``(A) provide written notice to the Secretary and 
                the Commission; and
                    ``(B) provide the Secretary and the Commission with 
                a copy of the complaint;
            ``(2) the Secretary and the Commission--
                    ``(A) may intervene in the suit or action;
                    ``(B) upon intervening, shall be heard on all 
                matters arising from the suit or action; and
                    ``(C) may file petitions for appeal;
            ``(3) no separate action may be brought under this section 
        if, at the time written notice is provided under paragraph (1), 
        the same alleged violation or failure to comply is the subject 
        of a pending action, or a final judicial judgment or decree, by 
        the United States under this Act; and
            ``(4) the action shall not be construed--
                    ``(A) as to prevent the attorney general of a 
                State, or other authorized officer of the State, from 
                exercising the powers conferred on the attorney 
                general, or other authorized officer of the State, by 
                the laws of the State (including regulations); or
                    ``(B) as to prohibit the attorney general of a 
                State, or other authorized officer of the State, from 
                proceeding in a Federal or State court on the basis of 
                an alleged violation of any civil or criminal statute 
                of the State.
    ``(d) Venue; Service of Process.--
            ``(1) Venue.--An action under this section may be brought 
        in the United States district court for--
                    ``(A) the district in which the act, omission, or 
                transaction constituting the applicable violation 
                occurred; or
                    ``(B) the district in which the defendant--
                            ``(i) resides; or
                            ``(ii) transacts business.
            ``(2) Service of process.--In an action under this section, 
        process may be served on a defendant in any district in which 
        the defendant resides or is otherwise located.''.
    (f) Treatment of Appliances Within Building Codes.--Section 327 of 
the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended by 
adding at the end the following:
    ``(h) Recognition of Alternative Refrigerant Uses.--With respect to 
State or local laws (including regulations) prohibiting, limiting, or 
restricting the use of alternative refrigerants for specific end uses 
approved by the Administrator of the Environmental Protection Agency 
pursuant to the Significant New Alternatives Program under section 612 
of the Clean Air Act (42 U.S.C. 7671k) for use in a covered product 
under section 322(a)(1) considered on or after the date of enactment of 
this subsection, notice shall be provided to the Administrator before 
or during any State or local public comment period to provide to the 
Administrator an opportunity to comment.''.
    (g) Technical Amendment.--Section 332(a) of the Energy Policy and 
Conservation Act (42 U.S.C. 6302(a)) is amended by redesignating the 
second paragraph (6) as paragraph (7).
                                 <all>