1.This Act may be cited as
the National Energy Efficiency
Enhancement Act of 2010
.
2.Energy
conservation standards
(a)Definition of
energy conservation standardSection 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)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)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)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)The
term EER means energy efficiency ratio.
(67)The
term HSPF means heating seasonal performance
factor.
.
(b)EER and HSPF
test proceduresSection 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)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)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 pumpsSection 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)
(i)Seasonal energy
efficiency ratioThe 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 factorThe 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)
(i)Seasonal energy
efficiency ratioThe 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)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)
(i)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)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)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)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)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)
(i)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)Any amended levels shall not take effect before January 1,
2018.
(iii)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 systemsSection 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)In
this paragraph:
(i)Small duct,
high velocity systemThe 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
pumpThe 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)The
Secretary may revise the definitions contained in this subparagraph through
publication of a final rule.
(B)
(i)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)The
rule shall provide that any new or amended standard shall apply to products
manufactured on or after June 30,
2016.
.
(e)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)
(i)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)The annual fuel utilization efficiency of weatherized
gas furnaces manufactured on or after January 1, 2015, shall be not less than
81 percent.
(B)
(i)Annual fuel
utilization efficiencyThe 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)
(i)
(I)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)The
rule shall provide that any amendments shall apply to products manufactured on
or after January 1, 2019.
(ii)
(I)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)The
rule shall provide that any amendments shall apply to products manufactured on
or after January 1, 2022.
(D)
(i)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)Any amended levels shall not take effect before January 1,
2018.
(iii)The final rule shall contain the amended levels, if
any.
.
(f)Exception for
certain building code requirementsSection 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 productParagraph (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.
.
3.Energy
conservation standards for heat pump pool heaters
(a)
(1)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 heatersSection 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
heatersThe 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 heatersSection 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 heatersSection 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)
(A)The thermal efficiency of gas-fired pool
heaters
;
and
(2)by adding at the
end the following:
(B)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.
.
4.Efficiency
standards for class A external power suppliesSection 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 systemIn this
subparagraph:
(I)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)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 requirementsThe 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)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.
.
5.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
.
6.
(a)
(1)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)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)Section 340 of the Energy Policy and Conservation Act
(42 U.S.C. 6311) is amended by adding at the end the following:
(24)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 luminaireThe 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)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)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 lampThe 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 lampThe 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)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)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)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)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 luminaireThe 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 lampThe 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)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 lampThe 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)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 ratingIn 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)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 Rating0 or 12 or 34 or 5
0 or
1383838
2 or
3383842
4 or
5384243
Decorative Posttop or Dusk-to-Dawn luminaires
Maximum of
Uplight or Glare rating
Backlight Rating0 or 12 or 34 or 5
0 or
1252525
2 or
3252528
4 or
5252828;
(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)
(A)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)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)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)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)
(i)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)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)
(i)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)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)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)
(i)The
Secretary shall publish a final rule containing the amendments, if any, not
later than January 1, 2018.
(ii)Any
amendments shall apply to products manufactured on or after January 1,
2021.
(C)
(i)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)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 lampsA 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 lampsA general purpose mercury vapor lamp shall
not be manufactured on or after January 1,
2016.
.
(c)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)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)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 ratingsFor 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)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)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 valuesThe 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)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)
(I)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)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)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 methodsThe Secretary may, by rule, adopt new or additional
test methods for pole-mounted outdoor luminaires in accordance with this
section.
.
(d)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)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)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)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)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 standardsAny 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.
.
7.Energy efficiency
provisions
(a)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)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 proceduresThe Secretary shall direct the National Bureau of
Standards to assist in developing new or amended test procedures.
(D)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 standardsSection 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)
(I)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 productsFor 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 presumptionA 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)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)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 technologiesThe 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 manufacturersSection 326 of the
Energy Policy and Conservation Act (42 U.S.C. 6296) is amended by striking
subsection (d) and inserting the following:
(d)
(1)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 reportsThe 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 regulationsIn 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 manufacturersIn 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)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)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 agenciesIn 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)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 preemptionSection 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 enforcementSection 334 of the Energy Policy and
Conservation Act (42 U.S.C. 6304) is amended to read as follows:
334.Permitting
States to seek injunctive enforcement
(a)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)
(1)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)
(A)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)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)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)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)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 codesSection 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 UsesWith 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)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).