II 111th CONGRESS 2d Session S. 3925 IN THE SENATE OF THE UNITED STATES September 29, 2010 Mr. Bingaman (for himself and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Policy and Conservation Act to improve the energy-efficiency of, and standards applicable to, certain appliances and equipment, and for other purposes.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Implementation of National Consensus Appliance Agreements Act . (b)
Table of contents
The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Energy conservation standards. Sec. 3. Energy conservation standards for heat pump pool heaters. Sec. 4. Portable light fixtures. Sec. 5. GU–24 base lamps. Sec. 6. Efficiency standards for bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas. Sec. 7. Test procedure petition process. Sec. 8. Energy efficiency provisions. Sec. 9. Measuring icemaker energy. Sec. 10. Credit for Energy Star smart appliances. Sec. 11. Video game console energy efficiency study. Sec. 12. Refrigerator and freezer standards. Sec. 13. Room air conditioner standards. Sec. 14. Uniform efficiency descriptor for covered water heaters. Sec. 15. Clothes dryers. Sec. 16. Standards for clothes washers. Sec. 17. Dishwashers. Sec. 18. Standards for certain incandescent reflector lamps and reflector lamps. Sec. 19. Petition for amended standards. Sec. 20. Efficiency standards for class A external power supplies. Sec. 21. Prohibited acts. Sec. 22. Outdoor lighting. Sec. 23. Standards for commercial furnaces. Sec. 24. Service over the counter, self-contained, medium temperature commercial refrigerators. Sec. 25. Motor market assessment and commercial awareness program. Sec. 26. Study of compliance with energy standards for appliances. Sec. 27. Study of direct current electricity supply in certain buildings. Sec. 28. Technical corrections.
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)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 published 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: (67)
EER
The term EER means energy efficiency ratio. (68)
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 Secretary shall by May 1, 2011, establish a standard for 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 5,000 (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). (ii)
Application of subsection (o)(6)
Subsection (o)(6) shall apply to the regional standard set forth in this subparagraph. (iii)
Separate standards
The Secretary may establish separate standards for furnaces to be installed in newly constructed buildings and for replacement in existing buildings. (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(f)(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. .
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)) is amended 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. .
4.
Portable light fixtures
(a)
Definitions
Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 2(a)(2)) is amended by adding at the end the following: (69)
Art work light fixture
The term art work light fixture means a light fixture designed only to be mounted directly to an art work and for the purpose of illuminating that art work. (70)
LED light engine
The term LED light engine or LED light engine with integral heat sink means a subsystem of an LED light fixture that— (A)includes 1 or more LED components, including— (i)an LED driver power source with electrical and mechanical interfaces; and (ii)an integral heat sink to provide thermal dissipation; and (B)may be designed to accept additional components that provide aesthetic, optical, and environmental control. (71)
LED light fixture
The term LED light fixture means a complete lighting unit consisting of— (A)an LED light source with 1 or more LED lamps or LED light engines; and (B)parts— (i)to distribute the light; (ii)to position and protect the light source; and (iii)to connect the light source to electrical power. (72)
Light fixture
The term light fixture means a product designed to provide light that includes— (A)at least 1 lamp socket; and (B)parts— (i)to distribute the light; (ii)position and protect 1 or more lamps; and (iii)to connect 1 or more lamps to a power supply. (73)
Portable light fixture
(A)
In general
The term portable light fixture means a light fixture that has a flexible cord and an attachment plug for connection to a nominal 120-volt circuit that— (i)allows the user to relocate the product without any rewiring; and (ii)typically can be controlled with a switch located on the product or the power cord of the product. (B)
Exclusions
The term portable light fixture does not include— (i)direct plug-in night lights, sun or heat lamps, medical or dental lights, portable electric hand lamps, signs or commercial advertising displays, photographic lamps, germicidal lamps, or light fixtures for marine use or for use in hazardous locations (as those terms are defined in ANSI/NFPA 70 of the National Electrical Code); or (ii)decorative lighting strings, decorative lighting outfits, or electric candles or candelabra without lamp shades that are covered by Underwriter Laboratories (UL) standard 588, Seasonal and Holiday Decorative Products. . (b)
Coverage
Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended— (1)by redesignating paragraph (20) as paragraph (21); and (2)by inserting after paragraph (19) the following: (20)Portable light fixtures. . (c)
Test procedures
Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 2(b)) is amended by adding at the end the following: (20)
LED fixtures and LED light engines
Test procedures for LED fixtures and LED light engines shall be based on Illuminating Engineering Society of North America test procedure LM–79, Approved Method for Electrical and Photometric Testing of Solid-State Lighting Devices and an IES-approved test procedure for testing LED light engines. . (d)
Standards
Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is amended— (1)by redesignating subsection (ii) as subsection (kk); and (2)by inserting after subsection (hh) the following: (ii)
Portable light fixtures
(1)
In general
Subject to paragraphs (2) and (3), portable light fixtures manufactured on or after January 1, 2012, shall meet 1 or more of the following requirements: (A)Be a fluorescent light fixture that meets the requirements of the Energy Star Program for Residential Light Fixtures, Version 4.2. (B)Be equipped with only 1 or more GU–24 line-voltage sockets, not be rated for use with incandescent lamps of any type (as defined in ANSI standards), and meet the requirements of version 4.2 of the Energy Star program for residential light fixtures. (C)Be an LED light fixture or a light fixture with an LED light engine and comply with the following minimum requirements: (i)Minimum light output: 200 lumens (initial). (ii)Minimum LED light engine efficacy: 40 lumens/watt installed in fixtures that meet the minimum light fixture efficacy of 29 lumens/watt or, alternatively, a minimum LED light engine efficacy of 60 lumens/watt for fixtures that do not meet the minimum light fixture efficacy of 29 lumens/watt. (iii)All portable fixtures shall have a minimum LED light fixture efficacy of 29 lumens/watt and a minimum LED light engine efficacy of 60 lumens/watt by January 1, 2016. (iv)Color Correlated Temperature (CCT): 2700K through 4000K. (v)Minimum Color Rendering Index (CRI): 75. (vi)Power factor equal to or greater than 0.70. (vii)Portable luminaries that have internal power supplies shall have zero standby power when the luminaire is turned off. (viii)LED light sources shall deliver at least 70 percent of initial lumens for at least 25,000 hours. (D)(i)Be equipped with an ANSI-designated E12, E17, or E26 screw-based socket and be prepackaged and sold together with 1 screw-based compact fluorescent lamp or screw-based LED lamp for each screw-based socket on the portable light fixture. (ii)The compact fluorescent or LED lamps prepackaged with the light fixture shall be fully compatible with any light fixture controls incorporated into the light fixture (for example, light fixtures with dimmers shall be packed with dimmable lamps). (iii)Compact fluorescent lamps prepackaged with light fixtures shall meet the requirements of the Energy Star Program for CFLs Version 4.0. (iv)Screw-based LED lamps shall comply with the minimum requirements described in subparagraph (C). (E)Be equipped with 1 or more single-ended, non-screw based halogen lamp sockets (line or low voltage), a dimmer control or high-low control, and be rated for a maximum of 100 watts. (2)
Review
(A)
Review
The Secretary shall review the criteria and standards established under paragraph (1) to determine if revised standards are technologically feasible and economically justified. (B)
Components
The review shall include consideration of— (i)whether a separate compliance procedure is still needed for halogen fixtures described in subparagraph (E) and, if necessary, what an appropriate standard for halogen fixtures shall be; (ii)which of the specific technical criteria described in subparagraphs (A), (C), and (D)(iii) should be modified; and (iii)which fixtures should be exempted from the light fixture efficacy standard as of January 1, 2016, because the fixtures are primarily decorative in nature (as defined by the Secretary) and, even if exempted, are likely to be sold in limited quantities. (C)
Timing
(i)
Determination
Not later than January 1, 2014, the Secretary shall publish amended standards, or a determination that no amended standards are justified, under this subsection. (ii)
Standards
Any standards under this subsection take effect on January 1, 2016. (3)
Art work light fixtures
Art work light fixtures manufactured on or after January 1, 2012, shall— (A)comply with paragraph (1); or (B)(i)contain only ANSI-designated E12 screw-based line-voltage sockets; (ii)have not more than 3 sockets; (iii)be controlled with an integral high/low switch; (iv)be rated for not more than 25 watts if fitted with 1 socket; and (v)be rated for not more than 15 watts per socket if fitted with 2 or 3 sockets. (4)
Exception from preemption
Notwithstanding section 327, Federal preemption shall not apply to a regulation concerning portable light fixtures adopted by the California Energy Commission on or before January 1, 2014. .
5.
GU–24 base lamps
(a)
Definitions
Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 4(a)) is amended by adding at the end the following: (74)
GU–24
The term GU–24” means the designation of a lamp socket, based on a coding system by the International Electrotechnical Commission, under which— (A)G indicates a holder and socket type with 2 or more projecting contacts, such as pins or posts; (B)U distinguishes between lamp and holder designs of similar type that are not interchangeable due to electrical or mechanical requirements; and (C)24 indicates the distance in millimeters between the electrical contact posts. (75)
GU–24 adaptor
(A)
In general
The term GU–24 Adaptor means a 1-piece device, pig-tail, wiring harness, or other such socket or base attachment that— (i)connects to a GU–24 socket on 1 end and provides a different type of socket or connection on the other end; and (ii)does not alter the voltage. (B)
Exclusion
The term GU–24 Adaptor does not include a fluorescent ballast with a GU–24 base. (76)
GU–24 base lamp
GU–24 base lamp means a light bulb designed to fit in a GU–24 socket. . (b)
Standards
Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by section 4(d)) is amended by inserting after subsection (ii) the following: (jj)
GU–24 base lamps
(1)
In general
A GU–24 base lamp shall not be an incandescent lamp as defined by ANSI. (2)
GU–24 adaptors
GU–24 adaptors shall not adapt a GU–24 socket to any other line voltage socket. .
6.
Efficiency standards for bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas
(a)
Definitions
Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) (as amended by section 5(a)) is amended by adding at the end the following: (77)
Bottle-type water dispenser
The term bottle-type water dispenser means a drinking water dispenser that is— (A)designed for dispensing hot and cold water; and (B)uses a removable bottle or container as the source of potable water. (78)
Commercial hot food holding cabinet
(A)
In general
The term commercial hot food holding cabinet means a heated, fully-enclosed compartment that— (i)is designed to maintain the temperature of hot food that has been cooked in a separate appliance; (ii)has 1 or more solid or glass doors; and (iii)has an interior volume of 8 cubic feet or more. (B)
Exclusions
The term commercial hot food holding cabinet does not include— (i)a heated glass merchandising cabinet; (ii)a drawer warmer; (iii)a cook-and-hold appliance; or (iv)a mobile serving cart with both hot and cold compartments. (79)
Compartment bottle-type water dispenser
The term compartment bottle-type water dispenser means a drinking water dispenser that— (A)is designed for dispensing hot and cold water; (B)uses a removable bottle or container as the source of potable water; and (C)includes a refrigerated compartment with or without provisions for making ice. (80)
Portable electric spa
(A)
In general
The term portable electric spa means a factory-built electric spa or hot tub that— (i)is intended for the immersion of persons in heated water circulated in a closed system; and (ii)is not intended to be drained and filled with each use. (B)
Inclusions
The term portable electric spa includes— (i)a filter; (ii)a heater (including an electric, solar, or gas heater); (iii)a pump; (iv)a control; and (v)other equipment, such as a light, a blower, and water sanitizing equipment. (C)
Exclusions
The term portable electric spa does not include— (i)a permanently installed spa that, once installed, cannot be moved; or (ii)a spa that is specifically designed and exclusively marketed for medical treatment or physical therapy purposes. (81)
Water dispenser
The term water dispenser means a factory-made assembly that— (A)mechanically cools and heats potable water; and (B)dispenses the cooled or heated water by integral or remote means. . (b)
Coverage
(1)
In general
Section 322(a) of the Energy Policy and Conservation Act (42 U.S.C. 6292(a)) (as amended by section 4(b)(1)) is amended— (A)by redesignating paragraph (21) as paragraph (24); and (B)by inserting after paragraph (20) the following: (21)Bottle-type water dispensers and compartment bottle-type water dispensers. (22)Commercial hot food holding cabinets. (23)Portable electric spas. . (2)
Conforming amendments
(A)Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended by striking (19) each place it appears in subsections (a)(3), (b)(1)(B), (b)(3), and (b)(5) and inserting (24). (B)Section 325(l) of the Energy Policy and Conservation Act (42 U.S.C. 6295(l)) is amended by striking paragraph (19) each place it appears in paragraphs (1) and (2) and inserting paragraph (24). (c)
Test procedures
Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 4(c)) is amended by adding at the end the following: (21)
Bottle-type water dispensers
(A)
In general
Test procedures for bottle-type water dispensers and compartment bottle-type water dispensers shall be based on the document Energy Star Program Requirements for Bottled Water Coolers version 1.1 published by the Environmental Protection Agency. (B)
Integral, automatic timers
A unit with an integral, automatic timer shall not be tested under this paragraph using section 4D of the test criteria (relating to Timer Usage). (22)
Commercial hot food holding cabinets
(A)
In general
Test procedures for commercial hot food holding cabinets shall be based on the test procedures described in ANSI/ASTM F2140–01 (Test for idle energy rate-dry test). (B)
Interior volume
Interior volume shall be based under this paragraph on the method demonstrated in the document Energy Star Program Requirements for Commercial Hot Food Holding Cabinets of the Environmental Protection Agency, as in effect on August 15, 2003. (23)
Portable electric spas
(A)
In general
Test procedures for portable electric spas shall be based on the test method for portable electric spas described in section 1604 of title 20, California Code of Regulations, as amended on December 3, 2008. (B)
Normalized consumption
Consumption shall be normalized under this paragraph for a water temperature difference of 37 degrees Fahrenheit. (C)
ANSI test procedure
If the American National Standards Institute publishes a test procedure for portable electric spas, the Secretary shall revise the procedure established under this paragraph, as determined appropriate by the Secretary. . (d)
Standards
Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by sections 4(d) and 5(b)) is amended— (1)by redesignating subsection (kk) as subsection (oo); and (2)by inserting after subsection (jj) the following: (kk)
Bottle-Type water dispensers
Effective beginning January 1, 2012— (1)a bottle-type water dispenser shall not have standby energy consumption that is greater than 1.2 kilowatt-hours per day; and (2)a compartment bottle-type water dispenser shall not have standby energy consumption that is greater than 1.3 kilowatt-hours per day. (ll)
Commercial hot food holding cabinets
Effective beginning January 1, 2012, a commercial hot food holding cabinet shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume. (mm)
Portable electric spas
Effective beginning January 1, 2012, a portable electric spa shall not have a normalized standby power rate of greater than 5 (V2/3) Watts (in which V equals the fill volume (in gallons)). (nn)
Revisions
(1)
In general
Not later than January 1, 2013, the Secretary shall— (A)consider in accordance with subsection (o) revisions to the standards established under subsections (kk), (ll), and (mm); and (B)(i)publish a final rule establishing the revised standards; or (ii)make a finding that no revisions are technically feasible and economically justified. (2)
Effective date
Any revised standards under this subsection take effect on January 1, 2016. . (e)
Preemption
Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended— (1)in subsection (b)— (A)in paragraph (6), by striking or after the semicolon at the end; (B)in paragraph (7), by striking the period at the end and inserting ; or; and (C)by adding at the end the following: (8)is a regulation that— (A)establishes efficiency standards for bottle-type water dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; and (B)is in effect on or before the date of enactment of this paragraph. ; and (2)in subsection (c)— (A)in paragraph (8)(B), by striking and after the semicolon at the end; (B)in paragraph (9)— (i)by striking except that— and all that follows through if the Secretary and inserting except that if the Secretary; (ii)by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (iii)in subparagraph (B) (as so redesignated), by striking the period at the end and inserting ; or; and (C)by adding at the end the following: (10)is a regulation that— (A)establishes efficiency standards for bottle-type water dispensers, compartment bottle-type water dispensers, commercial hot food holding cabinets, or portable electric spas; and (B)is adopted by the California Energy Commission on or before January 1, 2013. .
7.
Test procedure petition process
(a)
Consumer products other than automobiles
Section 323(b)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended— (1)in subparagraph (A)(i), by striking amend and inserting publish in the Federal Register amended; and (2)by adding at the end the following: (B)
Petitions
(i)
In general
In the case of any covered product, any person may petition the Secretary to conduct a rulemaking— (I)to prescribe a test procedure for the covered product; or (II)to amend the test procedures applicable to the covered product to more accurately or fully comply with paragraph (3). (ii)
Determination
The Secretary shall— (I)not later than 90 days after the date of receipt of the petition, publish the petition in the Federal Register; and (II)not later than 180 days after the date of receipt of the petition, grant or deny the petition. (iii)
Basis
The Secretary shall grant a petition if the Secretary finds that the petition contains evidence that, assuming no other evidence was considered, provides an adequate basis for determining that an amended test method would more accurately or fully comply with paragraph (3). (iv)
Effect on other requirements
The granting of a petition by the Secretary under this subparagraph shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraph (3). (v)
Rulemaking
(I)
In general
Except as provided in subclause (II), not later than the end of the 18-month period beginning on the date of granting a petition, the Secretary shall publish an amended test method or a determination not to amend the test method. (II)
Extension
The Secretary may extend the period described in subclause (I) for 1 additional year. (III)
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)
Certain industrial equipment
Section 343 of the Energy Policy and Conservation Act (42 U.S.C. 6314) is amended— (1)in subsection (a), by striking paragraph (1) and inserting the following: (1)
Amendment and petition process
(A)
In general
At least once every 7 years, the Secretary shall review test procedures for all covered equipment and— (i)publish in the Federal Register amended test procedures with respect to any covered equipment, if the Secretary determines that amended test procedures would more accurately or fully comply with paragraphs (2) and (3); or (ii)publish notice in the Federal Register of any determination not to amend a test procedure. (B)
Petitions
(i)
In general
In the case of any class or category of covered equipment, any person may petition the Secretary to conduct a rulemaking— (I)to prescribe a test procedure for the covered equipment; or (II)to amend the test procedures applicable to the covered equipment to more accurately or fully comply with paragraphs (2) and (3). (ii)
Determination
The Secretary shall— (I)not later than 90 days after the date of receipt of the petition, publish the petition in the Federal Register; and (II)not later than 180 days after the date of receipt of the petition, grant or deny the petition. (iii)
Basis
The Secretary shall grant a petition if the Secretary finds that the petition contains evidence that, assuming no other evidence was considered, provides an adequate basis for determining that an amended test method would more accurately promote energy or water use efficiency. (iv)
Effect on other requirements
The granting of a petition by the Secretary under this paragraph shall create no presumption with respect to the determination of the Secretary that the proposed test procedure meets the requirements of paragraphs (2) and (3). (v)
Rulemaking
(I)
In general
Except as provided in subclause (II), not later than the end of the 18-month period beginning on the date of granting a petition, the Secretary shall publish an amended test method or a determination not to amend the test method. (II)
Extension
The Secretary may extend the period described in subclause (I) for 1 additional year. (III)
Direct final rule
The Secretary may adopt a consensus test procedure in accordance with the direct final rule procedure established under section 325(p). ; (2)by striking subsection (c); and (3)by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
8.
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)) (as amended by section 7(a)(2)) is amended by adding at the end the following: (C)
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). (D)
New or amended test procedures
The Secretary shall direct the National Institute of Standards and Technology to assist in developing new or amended test procedures. . (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
(A)
In general
The Secretary, after consultation with the Director of the National Institute of Standards and Technology, may incorporate smart grid technologies or capabilities into standards described in subparagraph (B). (B)
Standards
Standards referred to in subparagraph (A) shall meet the requirements of this section, including through incorporation of— (i)standards that provide credit for smart grid technologies or capabilities, if 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 (ii)1 or more performance standards or design requirements, if the required smart grid technologies or capabilities are technologically feasible and provide net benefits, taking into consideration energy, economic, and environmental impacts (including emissions reductions from electrical generation). . (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 Implementation of National Consensus Appliance Agreements Act, 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)(i)on an annual basis; or (ii)at longer-than-annual intervals, but not less frequently 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 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, in the case of products with water use standards, water use; (II)the presence or absence of such efficiency related or energy consuming operational characteristics or components that are or may be required as part of a standard as the Secretary determines to be relevant for the purposes of carrying out this part; and (III)for covered products for which the Secretary may adopt regional standards, shipments to California and regional location of sale; and (ii)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
(A)
In general
In promulgating regulations under paragraph (1), the Secretary shall consider— (i)existing public sources of information, including nationally recognized certification or verification programs of trade associations and States; and (ii)(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. (B)
Coordination with trade associations and States
In carrying out subparagraph (A)(i), the Secretary shall, to the extent practicable, coordinate with trade associations and States— (i)to ensure the uniformity of the reporting requirements; and (ii)to mitigate reporting burdens. (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
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)
Disclosure of industry aggregated shipment data
To protect individual company shipment information from public disclosure, the Secretary shall, to the maximum extent practicable, disclose to the public the information required under clauses (i) and (ii) of paragraph (2)(B) in a form that has been aggregated by industry associations that are authorized by manufacturers to report the aggregated information for public disclosure on behalf of the manufacturers. (6)
Limitations
Nothing in this subsection limits— (A)the ability of any State to collect information and data from manufacturers, industry or trade associations, or other entities, pursuant to the statutory or regulatory authority of the State; (B)the application of section 327(a) to any State law (including regulations); or (C)the authority of the Secretary to require each manufacturer of a covered product to submit information or reports regarding the compliance by the manufacturer with the requirements of this part. (7)
Periodic revisions
In accordance with each procedure and criteria required under paragraph (1), the Secretary may periodically revise the reporting requirements adopted under this subsection. . (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:
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; (ii)a violation of section 332(a)(4) relating to a request by the Secretary under section 326(b)(2); or (iii)a violation of paragraph (8), (9), or (10) of section 332(a). (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)
Enforcement
Section 333 of the Energy Policy and Conservation Act (42 U.S.C. 6303) is amended— (1)in subsection (a)— (A)by striking the first sentence and inserting the following: (1)
Prohibited acts
Except as provided in subsection (c), any person who knowingly violates any provision of section 332, or any regulation promulgated pursuant to that section, shall be subject to a civil penalty. ; (B)in the second sentence— (i)by striking Such penalties and inserting the following: (2)
Assessment
The penalties ; and (ii)by striking violations of section 332(a)(5) and inserting violations of paragraphs (5), (8), (9), and (10) of section 332(a); (C)in the third sentence, by striking Civil penalties and inserting the following: (3)
Compromise
Civil penalties ; and (D)by striking the fourth sentence and inserting the following: (4)
Separate violations
Each violation of paragraph (1), (2), or (5) of section 332(a) shall constitute a separate violation with respect to each covered product, with a maximum civil penalty of up to $100,000 or $400 per unit, whichever is greater, and each day of violation of paragraph (3), (4), (8), (9), or (10) of section 332(a) shall constitute a separate violation, with a maximum civil penalty of $500 per day. ; and (2)in subsection (d)— (A)in paragraph (1), by striking the second sentence; and (B)in paragraph (2)(A), by striking Unless an election is made within 30 calendar days after receipt of notice under paragraph (1) to have paragraph (3) apply with respect to such penalty, and inserting If the proposed penalty arises from an alleged violation of paragraph (3), (4), (5), (9), or (10) of section 332(a),; (3)by striking paragraph (3) and inserting the following: (3)
Failure to certify
If the proposed penalty arises from an alleged failure to certify a covered product as required by section 332(a)(8), the Secretary shall assess the penalty, by order, after an informal adjudication conducted under section 555 of title 5, United States Code. ; and (4)in paragraph (4), in the first sentence, by striking amount of such penalty and inserting amount of the penalty, plus interest assessed from the date upon which the assessment of a civil penalty became a final and unappealable order under paragraph (2),.
9.
Measuring icemaker energy
Section 323(b) of the Energy Policy and Conservation Act (42 U.S.C. 6293(b)) (as amended by section 6(c)) is amended by adding at the end the following: (24)
Refrigerator and freezer test procedure
(A)
In general
Not later than January 1, 2011, the Secretary shall finalize the test procedure proposed on May 27, 2010, with such modifications as the Secretary determines to be appropriate and consistent with this part. (B)
Rulemaking
(i)
Initiation
Not later than January 1, 2012, the Secretary shall initiate a rulemaking to amend the test procedure described in subparagraph (A) only to incorporate measured automatic icemaker energy use. (ii)
Final rule
Not later than December 31, 2012, the Secretary shall publish a final rule regarding the matter described in clause (i). (25)
Additional home appliance test procedures
(A)
Final rule
Not later than October 1, 2011, the Secretary shall publish a final rule amending the residential clothes washer test procedure. (B)
Finalization of test procedure for clothes dryers
Not later than April 1, 2011, the Secretary shall finalize the test procedure for clothes dryers proposed on June 29, 2010, with such modifications as the Secretary determines to be appropriate and consistent with this part. (C)
Finalization of test procedure for room air conditioners
Not later than April 1, 2011, the Secretary shall finalize the test procedure for room air conditioners proposed on June 29, 2010, with such modifications as the Secretary determines to be appropriate and consistent with this part. .
10.
Credit for Energy Star smart appliances
Section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is amended by adding at the end the following: (e)
Credit for Smart Appliances
Not later than 180 days after the date of enactment of this subsection, after soliciting comments pursuant to subsection (c)(5), the Administrator of the Environmental Protection Agency, in cooperation with the Secretary, shall determine whether to update the Energy Star criteria for residential refrigerators, refrigerator-freezers, freezers, dishwashers, clothes washers, clothes dryers, and room air conditioners to incorporate smart grid and demand response features. .
11.
Video game console energy efficiency study
(a)
In general
Part B of title III of the Energy Policy and Conservation Act is amended by inserting after section 324A (42 U.S.C. 6294a) the following:
324B.
Video game console energy efficiency study
(a)
Initial study
(1)
In general
Not later than 1 year after the date of enactment of this section, the Secretary shall conduct a study of— (A)video game console energy use; and (B)opportunities for energy savings regarding that energy use. (2)
Inclusions
The study under paragraph (1) shall include an assessment of all power-consuming modes and media playback modes of video game consoles. (b)
Action on completion
On completion of the initial study under subsection (a), the Secretary shall determine, by regulation, using the criteria and procedures described in section 325(n)(2), whether to initiate a process for establishing minimum energy efficiency standards for video game console energy use. (c)
Follow-Up study
If the Secretary determines under subsection (b) that standards should not be established, the Secretary shall conduct a follow-up study in accordance with subsection (a) by not later than 3 years after the date of the determination.
. (b)
Application date
Subsection (oo)(1) of section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as redesignated by sections 4(d)(1) and 6(d)(1)) is amended by inserting or section 324B after subsection (l), (u), or (v) each place it appears.
12.
Refrigerator and freezer standards
Section 325(b) of the Energy Policy and Conservation Act (42 U.S.C. 6295(b)) is amended by striking paragraph (4) and inserting the following: (4)
Refrigerators, refrigerator-freezers, and freezers manufactured as of January 1, 2014
(A)
Definition of built-in product class
In this paragraph, the term built-in product class means a refrigerator, freezer, or refrigerator with a freezer unit that— (i)is 7.75 cubic feet or greater in total volume and 24 inches or less in cabinet depth (not including doors, handles, and custom front panels); (ii)is designed to be totally encased by cabinetry or panels attached during installation; (iii)is designed to accept a custom front panel or to be equipped with an integral factory-finished face; (iv)is designed to be securely fastened to adjacent cabinetry, walls, or floors; and (v)has 2 or more sides that are not— (I)fully finished; and (II)intended to be visible after installation. (B)
Maximum energy use
(i)
In general
Based on the test procedure in effect as of July 9, 2010, the maximum energy use allowed in kilowatt hours per year for each product described in the table contained in clause (ii) (other than refrigerators and refrigerator-freezers with total refrigerated volume exceeding 39 cubic feet and freezers with total refrigerated volume exceeding 30 cubic feet) that is manufactured on or after January 1, 2014, is specified in the table contained in that clause. (ii)
Standards equations
The allowed maximum energy use referred to in clause (i) is as follows: Standards Equations Product Description Automatic Defrost Refrigerator-Freezers Top Freezer w/o TTD ice7.35 AV+ 207.0 Top Freezer w/ TTD ice7.65 AV+ 267.0 Side Freezer w/o TTD ice3.68 AV+ 380.6 Side Freezer w/ TTD ice7.58 AV+304.5 Bottom Freezer w/o TTD ice3.68 AV+ 367.2 Bottom Freezer w/ TTD ice4.0 AV+ 431.2 Manual & Partial Automatic Refrigerator-Freezers Manual Defrost7.06 AV+ 198.7 Partial Automatic7.06 AV+198.7 All Refrigerators Manual Defrost7.06AV+198.7 Automatic Defrost7.35 AV+ 207.0 All Freezers Upright with manual defrost5.66 AV+ 193.7 Upright with automatic defrost8.70 AV+ 228.3 Chest with manual defrost7.41 AV+ 107.8 Chest with automatic defrost10.33 AV+ 148.1 Automatic Defrost Refrigerator-Freezers–Compact Size Top Freezer and Bottom Freezer10.80 AV+ 301.8 Side Freezer6.08 AV+ 400.8 Manual & Partial Automatic Refrigerator-Freezers–Compact Size Manual Defrost8.03 AV+ 224.3 Partial Automatic5.25 AV+ 298.5 All Refrigerators–Compact Size Manual defrost8.03 AV+ 224.3 Automatic defrost9.53 AV+ 266.3 All Freezers–Compact Size Upright with manual defrost8.80 AV+ 225.7 Upright with automatic defrost10.26 AV+ 351.9 Chest9.41AV+ 136.8 Automatic Defrost Refrigerator-Freezers–Built-ins Top Freezer w/o TTD ice7.84 AV+ 220.8 Side Freezer w/o TTD ice3.93 AV+ 406.0 Side Freezer w/ TTD ice8.08 AV+ 324.8 Bottom Freezer w/o TTD ice3.91 AV+ 390.2 Bottom Freezer w/ TTD ice4.25 AV+ 458.2 All Refrigerators–Built-ins Automatic Defrost7.84 AV+ 220.8 All Freezers–Built-ins Upright with automatic defrost9.32 AV+ 244.6.
(iii)
Final rules
(I)
In general
Except as provided in subclause (II), after the date of publication of each test procedure change made pursuant to section 323(b)(19), in accordance with the procedures described in section 323(e)(2), the Secretary shall publish final rules to amend the standards specified in the table contained in clause (ii). (II)
Exception
The standards amendment made pursuant to the test procedure change required under section 323(b)(19)(B) shall be based on the difference between— (aa)the average measured automatic ice maker energy use of a representative sample for each product class; and (bb)the value assumed by the Department of Energy for ice maker energy use in the test procedure published pursuant to section 323(b)(19)(A). (III)
Applicability
Section 323(e)(3) shall not apply to the rules described in this clause. (iv)
Final rule
The Secretary shall publish any final rule required by clause (iii) by not later than the later of the date that is 180 days after— (I)the date of enactment of this clause; or (II)the date of publication of a final rule to amend the test procedure described in section 323(b)(19). (v)
New product classes
The Secretary may establish 1 or more new product classes as part of the final amended standard adopted pursuant to the test procedure change required under section 323(b)(19)(B) if the 1 or more new product classes are needed to distinguish among products with automatic icemakers. (vi)
Effective dates of standards
(I)
Standards amendment for first revised test procedure
A standards amendment adopted pursuant to a test procedure change required under section 323(b)(19)(A) shall apply to any product manufactured as of January 1, 2014. (II)
Standards amendment after revised test procedure for icemaker energy
An amendment adopted pursuant to a test procedure change required under section 323(b)(19)(B) shall apply to any product manufactured as of the date that is 3 years after the date of publication of the final rule amending the standards. (vii)
Slope and intercept adjustments
(I)
In general
With respect to refrigerators, freezers, and refrigerator-freezers, the Secretary may, by rule, adjust the slope and intercept of the equations specified in the table contained in clause (ii)— (aa)based on the energy use of typical products of various sizes in a product class; and (bb)if the average energy use for each of the classes is the same under the new equations as under the equations specified in the table contained in clause (ii). (II)
Deadline
If the Secretary adjusts the slope and intercept of an equation described in subclause (I), the Secretary shall publish the final rule containing the adjustment by not later than July 1, 2011. (viii)
Effect
A final rule published under clause (iii) pursuant to the test procedure change required under section 323(b)(19)(B) or pursuant to clause (iv) shall not be considered to be an amendment to the standard for purposes of section 325(m). .
13.
Room air conditioner standards
Section 325(c) of the Energy Policy and Conservation Act (42 U.S.C. 6295(c)) is amended by adding at the end the following: (3)
Minimum energy efficiency ratio of room air conditioners manufactured on or after June 1, 2014
(A)
In general
Based on the test procedure in effect as of July 9, 2010, the minimum energy efficiency ratios of room air conditioners manufactured on or after June 1, 2014, shall not be less than that specified in the table contained in subparagraph (B). (B)
Minimum energy efficiency ratios
The minimum energy efficiency ratios referred to in subparagraph (A) are as follows: Product DescriptionMinimum EER Without Reverse Cycle w/Louvers <6,000 Btu/h11.2 6,000 to 7,999 Btu/h11.2 8,000-13,999 Btu/h11.0 14,000 to 19,999 Btu/h10.8 20,000-27,999 Btu/h9.4 ≥28,000 Btu/h9.0 Without Reverse Cycle w/o Louvers <6,000 Btu/h10.2 6,000 to 7,999 Btu/h10.2 8,000-10,999 Btu/h9.7 11,000-13,999 Btu/h9.6 14,000 to 19,999 Btu/h9.4 ≥20,000 Btu/h9.4 With Reverse Cycle <20,000 w/Louvers Btu/h9.9 ≥ 20,000 w/Louvers Btu/h9.4 <14,000 w/o Louvers Btu/h9.4 ≥14,000 w/o Louvers Btu/h8.8 Casement Casement Only9.6 Casement-Slider10.5.
(C)
Final rule
(i)
In general
The final rule to amend the room air conditioner test procedure adopted pursuant to section 323(b)(20)(C) shall amend the standards specified in the table contained in subparagraph (B) in accordance with the procedures described in section 323(e)(2). (ii)
Standby and off mode energy consumption
(I)
In general
The Secretary shall integrate standby and off mode energy consumption into the amended energy efficiency ratios standards required under clause (i). (II)
Requirements
The amended standards described in subclause (I) shall reflect the levels of standby and off mode energy consumption that meet the criteria described in section 325(o). (iii)
Applicability
(I)
Amendment of standard
Section 323(e)(3) shall not apply to the amended standards described in clause (i). (II)
Amended standards
The amended standards required by this subparagraph shall apply to products manufactured on or after June 1, 2014. .
14.
Uniform efficiency descriptor for covered water heaters
Section 325(e) of the Energy Policy and Conservation Act (42 U.S.C. 6295(e)) is amended by adding at the end the following: (5)
Uniform efficiency descriptor for covered water heaters
(A)
Definitions
In this paragraph: (i)
Covered water heater
The term covered water heater means— (I)a water heater; and (II)a storage water heater, instantaneous water heater, and unfired water storage tank (as defined in section 340). (ii)
Final rule
The term final rule means the final rule published under this paragraph. (B)
Publication of final rule
Not later than 180 days after the date of enactment of this paragraph, the Secretary shall publish a final rule that establishes a uniform efficiency descriptor and accompanying test methods for covered water heaters. (C)
Purpose
The purpose of the final rule shall be to replace with a uniform efficiency descriptor— (i)the energy factor descriptor for water heaters established under this subsection; and (ii)the thermal efficiency and standby loss descriptors for storage water heaters, instantaneous water heaters, and unfired water storage tanks established under section 342(a)(5). (D)
Effect of final rule
(i)
In general
Notwithstanding any other provision of this title, effective beginning on the effective date of the final rule, the efficiency standard for covered water heaters shall be denominated according to the efficiency descriptor established by the final rule. (ii)
Effective date
The final rule shall take effect 1 year after the date of publication of the final rule under subparagraph (B). (E)
Conversion factor
(i)
In general
The Secretary shall develop a mathematical conversion factor for converting the measurement of efficiency for covered water heaters from the test procedures in effect on the date of enactment of this paragraph to the new energy descriptor established under the final rule. (ii)
Application
The conversion factor shall apply to models of covered water heaters affected by the final rule and tested prior to the effective date of the final rule. (iii)
Effect on efficiency requirements
The conversion factor shall not affect the minimum efficiency requirements for covered water heaters otherwise established under this title. (iv)
Use
During the period described in clause (v), a manufacturer may apply the conversion factor established by the Secretary to rerate existing models of covered water heaters that are in existence prior to the effective date of the rule described in clause (v)(II) to comply with the new efficiency descriptor. (v)
Period
Subclause (E) shall apply during the period— (I)beginning on the date of publication of the conversion factor in the Federal Register; and (II)ending on April 16, 2015. (F)
Exclusions
The final rule may exclude a specific category of covered water heaters from the uniform efficiency descriptor established under this paragraph if the Secretary determines that the category of water heaters— (i)does not have a residential use and can be clearly described in the final rule; and (ii)are effectively rated using the thermal efficiency and standby loss descriptors applied (as of the date of enactment of this paragraph) to the category under section 342(a)(5). (G)
Options
The descriptor set by the final rule may be— (i)a revised version of the energy factor descriptor in use as of the date of enactment of this paragraph; (ii)the thermal efficiency and standby loss descriptors in use as of that date; (iii)a revised version of the thermal efficiency and standby loss descriptors; (iv)a hybrid of descriptors; or (v)a new approach. (H)
Application
The efficiency descriptor and accompanying test method established under the final rule shall apply, to the maximum extent practicable, to all water heating technologies in use as of the date of enactment of this paragraph and to future water heating technologies. (I)
Participation
The Secretary shall invite interested stakeholders to participate in the rulemaking process used to establish the final rule. (J)
Testing of alternative descriptors
In establishing the final rule, the Secretary shall contract with the National Institute of Standards and Technology, as necessary, to conduct testing and simulation of alternative descriptors identified for consideration. (K)
Existing covered water heaters
A covered water heater shall be considered to comply with the final rule on and after the effective date of the final rule and with any revised labeling requirements established by the Federal Trade Commission to carry out the final rule if the covered water heater— (i)was manufactured prior to the effective date of the final rule; and (ii)complied with the efficiency standards and labeling requirements in effect prior to the final rule. .
15.
Clothes dryers
Section 325(g)(4) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(4)) is amended by adding at the end the following: (D)
Minimum energy factors for clothes dryers
(i)
In general
Based on the test procedure in effect as of July 9, 2010, clothes dryers manufactured on or after January 1, 2015, shall comply with the minimum energy factors specified in the table contained in clause (ii). (ii)
New standards
The minimum energy factors referred to in clause (i) are as follows: Product DescriptionEF Vented Electric Standard3.17 Vented Electric Compact 120V3.29 Vented Electric Compact 240V3.05 Vented Gas2.81 Vent-Less Electric Compact 240V2.37 Vent-Less Electric Combination Washer/Dryer1.95
(iii)
Final rule
(I)
Requirements
(aa)
In general
Except as provided in item (bb), the final rule to amend the clothes dryer test procedure adopted pursuant to section 323(b)(20)(B) shall amend the energy factors standards specified in the table contained in clause (ii) in accordance with the procedures described in section 323(e)(2). (bb)
Exception
To establish a representative sample of compliant products, the Secretary shall select a sample of minimally compliant dryers that automatically terminate the drying cycle at not less than 4 percent remaining moisture content. (II)
Standby and off mode energy consumption
(aa)
Integration
The Secretary shall integrate standby and off mode energy consumption into the amended standards required under subclause (I). (bb)
Requirements
The amended standards described in item (aa) shall reflect levels of standby and off mode energy consumption that meet the criteria described in section 325(o). (III)
Applicability
(aa)
Amendment of standard
Section 323(e)(3) shall not apply to the amended standards described in subclause (I). (bb)
Amended standards
The amended standards required by this clause shall apply to products manufactured on or after January 1, 2015. .
16.
Standards for clothes washers
Section 325(g)(9) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(9)) is amended by striking subparagraph (B) and inserting the following: (B)
Amendment of standards
(i)
Products manufactured as of January 1, 2015
(I)
In general
Based on the test procedure in effect as of July 9, 2010, clothes washers manufactured as of January 1, 2015, shall comply with the minimum modified energy factors and maximum water factors specified in the table contained in subclause (II). (II)
Standards
The minimum modified energy factors and maximum water factors referred to in subclause (I) are as follows: MEFWF Top Loading—Standard1.728.0 Top Loading—Compact1.2614.0 Front Loading—Standard2.24.5 Front Loading—Compact (less than 1.6 cu. ft. capacity) 1.728.0.
(ii)
Products Manufactured on or after January 1, 2018
(I)
In general
Based on the test procedure in effect as of July 9, 2010, top-loading clothes washers manufactured on or after January 1, 2018, shall comply with the minimum modified energy factors and maximum water factors specified in the table contained in subclause (II). (II)
Standards
The minimum modified energy factors and maximum water factors referred to in subclause (I) are as follows: MEFWF Top Loading—Standard2.06.0 Top Loading—Compact1.8111.6.
(iii)
Final rule
(I)
In general
The final rule to amend the clothes washer test procedure adopted pursuant to section 323(b)(20)(A) shall amend the standards described in clauses (i) and (ii) in accordance with the procedures described in section 323(e)(2). (II)
Standby and off mode energy consumption
(aa)
Integration
The Secretary shall integrate standby and off mode energy consumption into the amended modified energy factor standards required under subclause (I). (bb)
Requirements
The amended modified energy factor standards described in item (aa) shall reflect levels of standby and off mode energy consumption that meet the criteria described in section 325(o). (III)
Applicability
(aa)
Amendment of standard
Section 323(e)(3) shall not apply to the amended standards described in subclause (I). (bb)
Amended standards for products manufactured on or after January 1, 2015
Amended standards required by this clause that are based on clause (i) shall apply to products manufactured on or after January 1, 2015. (cc)
Amended standards for products manufactured on or after January 1, 2018
Amended standards required by this clause that are based on clause (ii) shall apply to products manufactured on or after January 1, 2018. .
17.
Dishwashers
Section 325(g)(10) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(10)) is amended— (1)by striking subparagraph (A); (2)by redesignating subparagraph (B) as subparagraph (D); and (3)by inserting before subparagraph (D) (as redesignated by paragraph (2)) the following: (A)
Dishwashers manufactured on or after January 1, 2010
A dishwasher manufactured on or after January 1, 2010, shall— (i)for a standard size dishwasher, not exceed 355 kilowatt hours per year and 6.5 gallons per cycle; and (ii)for a compact size dishwasher, not exceed 260 kilowatt hours per year and 4.5 gallons per cycle. (B)
Dishwashers manufactured on or after January 1, 2013
A dishwasher manufactured on or after January 1, 2013, shall— (i)for a standard size dishwasher, not exceed 307 kilowatt hours per year and 5.0 gallons per cycle; and (ii)for a compact size dishwasher, not exceed 222 kilowatt hours per year and 3.5 gallons per cycle. (C)
Requirements of final rules
(i)
In general
Any final rule to amend the dishwasher test procedure after July 9, 2010, and before January 1, 2013, shall amend the standards described in subparagraph (B) in accordance with the procedures described in section 323(e)(2). (ii)
Applicability
(I)
Amendment of standard
Section 323(e)(3) shall not apply to the amended standards described in clause (i). (II)
Amended standards
The amended standards required by this subparagraph shall apply to products manufactured on or after January 1, 2013. .
18.
Standards for certain incandescent reflector lamps and reflector lamps
Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6295(i)) is amended by adding at the end the following: (9)
Certain incandescent reflector lamps
(A)
In general
Not later than July 1, 2011, the Secretary shall publish a final rule establishing standards for incandescent reflector lamp types described in paragraph (1)(D)(i). (B)
Effective date
The standards described in subparagraph (A) shall take effect on July 1, 2013. (C)
Standards
In conducting a rulemaking for incandescent reflector lamps under this paragraph after the date of enactment of this paragraph, the Secretary shall consider the standards for all incandescent reflector lamps, including lamp types described in paragraph (1)(D)(i). (10)
Reflector lamps
(A)
In general
Not later than January 1, 2015, the Secretary shall publish a final rule establishing and amending standards for reflector lamps, including incandescent reflector lamps. (B)
Administration
In conducting the rulemaking for reflector lamps under this paragraph, the Secretary shall consider— (i)incandescent and nonincandescent technologies; and (ii)a new metric, other than lumens per watt, that is based on the photometric distribution of those lamps. (C)
Effective date
The standards described in subparagraph (A) shall take effect not earlier than the date that is 3 years after the date of publication of the final rule, as determined by the Secretary. .
19.
Petition for amended standards
Section 325(n) of the Energy Policy and Conservation Act (42 U.S.C. 6295(n)) is amended— (1)by redesignating paragraph (3) as paragraph (5); and (2)by inserting after paragraph (2) the following: (3)
Notice of decision
Not later than 180 days after the date of receiving a petition, the Secretary shall publish in the Federal Register a notice of, and explanation for, the decision of the Secretary to grant or deny the petition. (4)
New or amended standards
Not later than 3 years after the date of granting a petition for new or amended standards, the Secretary shall publish in the Federal Register— (A)a final rule that contains the new or amended standards; or (B)a determination that no new or amended standards are necessary. .
20.
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. .
21.
Prohibited acts
Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended— (1)in paragraph (1), by striking for any manufacturer 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; (2)by striking paragraph (5) and inserting the following: (5)for any manufacturer (or representative of a manufacturer), distributor, retailer, or private labeler— (A)to offer for sale or distribute in commerce any new covered product that is not in conformity with an applicable energy conservation standard established in or prescribed under this part; or (B)if the standard is a regional standard that is more stringent than the base national standard, to offer for sale or distribute in commerce any new covered product having knowledge (consistent with the definition of knowingly in section 333(b)) that the product will be installed at a location covered by a regional standard established in or prescribed under this part and will not be in conformity with the standard; ; (3)in paragraph (6) (as added by section 306(b)(2) of Public Law 110–140 (121 Stat. 1559)), by striking the period at the end and inserting a semicolon; (4)by redesignating paragraph (6) (as added by section 321(e)(3) of Public Law 110–140 (121 Stat. 1586)) as paragraph (7); (5)in paragraph (7) (as so redesignated)— (A)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; and (B)by striking the period at the end and inserting a semicolon; and (6)by inserting after paragraph (7) (as so redesignated) the following: (8)for any manufacturer or private labeler to distribute in commerce any new covered product that has not been properly certified in accordance with the requirements established in or prescribed under this part; (9)for any manufacturer or private labeler to distribute in commerce any new covered product that has not been properly tested in accordance with the requirements established in or prescribed under this part; and (10)for any manufacturer or private labeler to violate any regulation lawfully promulgated to implement any provision of this part. .
22.
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— (A)by redesignating paragraphs (22) and (23) (as amended by sections 312(a)(2) and 314(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1564, 1569)) as paragraphs (23) and (24), respectively; and (B)by adding at the end the following: (25)
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. (26)
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. (27)
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. (28)
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. (29)
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. (30)
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. (31)
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. (32)
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. (33)
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. (34)
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. (35)
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. (36)
Target efficacy rating
The term target efficacy rating means a measure of luminous efficacy of a luminaire (as defined in NEMA LE–6–2009). (37)
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 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)
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)(B) 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)(B) 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)(B) 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)(B) 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)(B) 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. .
23.
Standards for commercial furnaces
Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by adding at the end the following: (11)Warm air furnaces with an input rating of 225,000 Btu per hour or more and manufactured after January 1, 2011, shall meet the following standard levels: (A)Gas-fired units shall— (i)have a minimum combustion efficiency of 80 percent; (ii)include an interrupted or intermittent ignition device; (iii)have jacket losses not exceeding 0.75 percent of the input rating; and (iv)have power venting or a flue damper. (B)Oil-fired units shall have— (i)a minimum thermal efficiency of 81 percent; (ii)jacket losses not exceeding 0.75 percent of the input rating; and (iii)power venting or a flue damper. .
24.
Service over the counter, self-contained, medium temperature commercial refrigerators
Section 342(c) of the Energy Policy and Conservation Act (42 U.S.C. 6313(c)) is amended— (1)in paragraph (1)— (A)by redesignating subparagraph (C) as subparagraph (E); and (B)by inserting after subparagraph (B) the following: (C)The term service over the counter, self-contained, medium temperature commercial refrigerator or (SOC–SC–M) means a medium temperature commercial refrigerator— (i)with a self-contained condensing unit and equipped with sliding or hinged doors in the back intended for use by sales personnel, and with glass or other transparent material in the front for displaying merchandise; and (ii)that has a height not greater than 66 inches and is intended to serve as a counter for transactions between sales personnel and customers. (D)The term TDA means the total display area (ft²) of the refrigerated case, as defined in AHRI Standard 1200. ; (2)by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3)by inserting after paragraph (3) the following: (4)Each SOC–SC–M manufactured on or after January 1, 2012, shall have a total daily energy consumption (in kilowatt hours per day) of not more than 0.6 x TDA + 1.0. .
25.
Motor market assessment and commercial awareness program
(a)
Findings
Congress finds that— (1)electric motor systems account for about half of the electricity used in the United States; (2)electric motor energy use is determined by both the efficiency of the motor and the system in which the motor operates; (3)Federal Government research on motor end use and efficiency opportunities is more than a decade old; and (4)the Census Bureau has discontinued collection of data on motor and generator importation, manufacture, shipment, and sales. (b)
Definitions
In this section: (1)
Department
The term Department means the Department of Energy. (2)
Interested parties
The term interested parties includes— (A)trade associations; (B)motor manufacturers; (C)motor end users; (D)electric utilities; and (E)individuals and entities that conduct energy efficiency programs. (3)
Secretary
The term Secretary means the Secretary of Energy, in consultation with interested parties. (c)
Assessment
The Secretary shall conduct an assessment of electric motors and the electric motor market in the United States that shall— (1)include important subsectors of the industrial and commercial electric motor market (as determined by the Secretary), including— (A)the stock of motors and motor-driven equipment; (B)efficiency categories of the motor population; and (C)motor systems that use drives, servos, and other control technologies; (2)characterize and estimate the opportunities for improvement in the energy efficiency of motor systems by market segment, including opportunities for— (A)expanded use of drives, servos, and other control technologies; (B)expanded use of process control, pumps, compressors, fans or blowers, and material handling components; and (C)substitution of existing motor designs with existing and future advanced motor designs, including electronically commutated permanent magnet, interior permanent magnet, and switched reluctance motors; and (3)develop an updated profile of motor system purchase and maintenance practices, including surveying the number of companies that have motor purchase and repair specifications, by company size, number of employees, and sales. (d)
Recommendations; update
Based on the assessment conducted under subsection (c), the Secretary shall— (1)develop— (A)recommendations to update the detailed motor profile on a periodic basis; (B)methods to estimate the energy savings and market penetration that is attributable to the Save Energy Now Program of the Department; and (C)recommendations for the Director of the Census Bureau on market surveys that should be undertaken in support of the motor system activities of the Department; and (2)prepare an update to the Motor Master+ program of the Department. (e)
Program
Based on the assessment, recommendations, and update required under subsections (c) and (d), the Secretary shall establish a proactive, national program targeted at motor end-users and delivered in cooperation with interested parties to increase awareness of— (1)the energy and cost-saving opportunities in commercial and industrial facilities using higher efficiency electric motors; (2)improvements in motor system procurement and management procedures in the selection of higher efficiency electric motors and motor-system components, including drives, controls, and driven equipment; and (3)criteria for making decisions for new, replacement, or repair motor and motor system components.
26.
Study of compliance with energy standards for appliances
(a)
In general
The Secretary shall conduct a study of the degree of compliance with energy standards for appliances, including an investigation of compliance rates and options for improving compliance, including enforcement. (b)
Report
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study, including any recommendations.
27.
Study of direct current electricity supply in certain buildings
(a)
In general
The Secretary shall conduct a study— (1)of the costs and benefits (including significant energy efficiency, power quality, and other power grid, safety, and environmental benefits) of requiring high-quality, direct current electricity supply in certain buildings; and (2)to determine, if the requirement described in paragraph (1) is imposed, what the policy and role of the Federal Government should be in realizing those benefits. (b)
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the study, including any recommendations.
28.
Technical corrections
(a)
Title III of Energy Independence and Security Act of 2007—Energy savings through improved standards for appliances and lighting
(1)Section 325(u) of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the Energy Independence and Security Act of 2007 (121 Stat. 1550)) is amended— (A)by redesignating paragraph (7) as paragraph (4); and (B)in paragraph (4) (as so redesignated), by striking supplies is and inserting supply is. (2)Section 302(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1551) is amended by striking 6313(a) and inserting 6314(a). (3)Section 342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) of the Energy Independence and Security Act of 2007 (121 Stat. 1554)) is amended— (A)in subparagraph (B)— (i)by striking If the Secretary and inserting the following: (i)
In general
If the Secretary ; (ii)by striking clause (ii)(II) and inserting subparagraph (A)(ii)(II); (iii)by striking clause (i) and inserting subparagraph (A)(i); and (iv)by adding at the end the following: (ii)
Factors
In determining whether a standard is economically justified for the purposes of subparagraph (A)(ii)(II), the Secretary shall, after receiving views and comments furnished with respect to the proposed standard, determine whether the benefits of the standard exceed the burden of the proposed standard by, to the maximum extent practicable, considering— (I)the economic impact of the standard on the manufacturers and on the consumers of the products subject to the standard; (II)the savings in operating costs throughout the estimated average life of the product in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the products that are likely to result from the imposition of the standard; (III)the total projected quantity of energy savings likely to result directly from the imposition of the standard; (IV)any lessening of the utility or the performance of the products likely to result from the imposition of the standard; (V)the impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the imposition of the standard; (VI)the need for national energy conservation; and (VII)other factors the Secretary considers relevant. (iii)
Administration
(I)
Energy use and efficiency
The Secretary may not prescribe any amended standard under this paragraph that increases the maximum allowable energy use, or decreases the minimum required energy efficiency, of a covered product. (II)
Unavailability
(aa)
In general
The Secretary may not prescribe an amended standard under this subparagraph if the Secretary finds (and publishes the finding) that interested persons have established by a preponderance of the evidence that a standard is likely to result in the unavailability in the United States in any product type (or class) of performance characteristics (including reliability, features, sizes, capacities, and volumes) that are substantially the same as those generally available in the United States at the time of the finding of the Secretary. (bb)
Other types or classes
The failure of some types (or classes) to meet the criterion established under this subclause shall not affect the determination of the Secretary on whether to prescribe a standard for the other types or classes. ; and (B)in subparagraph (C)(iv), by striking An amendment prescribed under this subsection and inserting Notwithstanding subparagraph (D), an amendment prescribed under this subparagraph. (4)Section 342(a)(6)(B)(iii) of the Energy Policy and Conservation Act (as added by section 306(c) of the Energy Independence and Security Act of 2007 (121 Stat. 1559)) is transferred and redesignated as clause (vi) of section 342(a)(6)(C) of the Energy Policy and Conservation Act (as amended by section 305(b)(2) of the Energy Independence and Security Act of 2007 (121 Stat. 1554)). (5)Section 345 of the Energy Policy and Conservation Act (42 U.S.C. 6316) (as amended by section 312(e) of the Energy Independence and Security Act of 2007 (121 Stat. 1567)) is amended— (A)by striking subparagraphs (B) through (G) each place it appears and inserting subparagraphs (B), (C), (D), (I), (J), and (K); (B)by striking part A each place it appears and inserting part B; and (C)in subsection (h)(3), by striking section 342(f)(3) and inserting section 342(f)(4). (6)Section 340(13) of the Energy Policy and Conservation Act (42 U.S.C. 6311(13)) (as amended by section 313(a) of the Energy Independence and Security Act of 2007 (121 Stat. 1568)) is amended— (A)by striking subparagraphs (A) and (B) and inserting the following: (A)
In general
The term electric motor means any of the following: (i)A motor that is a general purpose T-frame, single-speed, foot-mounting, polyphase squirrel-cage induction motor of the National Electrical Manufacturers Association, Design A and B, continuous rated, operating on 230/460 volts and constant 60 Hertz line power as defined in NEMA Standards Publication MG1–1987. (ii)A motor incorporating the design elements described in clause (i), but is configured to incorporate 1 or more of the following variations: (I)U-frame motor. (II)NEMA Design C motor. (III)Close-coupled pump motor. (IV)Footless motor. (V)Vertical solid shaft normal thrust motor (as tested in a horizontal configuration). (VI)8-pole motor. (VII)Poly-phase motor with a voltage rating of not more than 600 volts (other than 230 volts or 460 volts, or both, or can be operated on 230 volts or 460 volts, or both). ; and (B)by redesignating subparagraphs (C) through (I) as subparagraphs (B) through (H), respectively. (7)(A)Section 342(b) of the Energy Policy and Conservation Act (42 U.S.C. 6313(b)) is amended— (i)in paragraph (1), by striking paragraph (2) and inserting paragraph (3); (ii)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); (iii)by inserting after paragraph (1) the following: (2)
Standards effective beginning December 19, 2010
(A)
In general
Except for definite purpose motors, special purpose motors, and those motors exempted by the Secretary under paragraph (3) and except as provided for in subparagraphs (B), (C), and (D), each electric motor manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG–1 (2006) Table 12–12. (B)
Fire pump electric motors
Except for those motors exempted by the Secretary under paragraph (3), each fire pump electric motor manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency that is not less than the nominal full load efficiency described in NEMA MG–1 (2006) Table 12–11. (C)
NEMA Design B electric motors
Except for those motors exempted by the Secretary under paragraph (3), each NEMA Design B electric motor with power ratings of more than 200 horsepower, but not greater than 500 horsepower, manufactured (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG–1 (2006) Table 12–11. (D)
Motors incorporating certain design elements
Except for those motors exempted by the Secretary under paragraph (3), each electric motor described in section 340(13)(A)(ii) manufactured with power ratings from 1 to 200 horsepower (alone or as a component of another piece of equipment) on or after December 19, 2010, shall have a nominal full load efficiency of not less than the nominal full load efficiency described in NEMA MG–1 (2006) Table 12–11. ; and (iv)in paragraph (3) (as redesignated by clause (ii)), by striking paragraph (1) each place it appears in subparagraphs (A) and (D) and inserting paragraphs (1) and (2). (B)Section 313 of the Energy Independence and Security Act of 2007 (121 Stat. 1568) is repealed. (C)The amendments made by— (i)subparagraph (A) take effect on December 19, 2010; and (ii)subparagraph (B) take effect on December 19, 2007. (8)Section 321(30)(D)(i)(III) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended by section 321(a)(1)(A) of the Energy Independence and Security Act of 2007 (121 Stat. 1574)) is amended by inserting before the semicolon the following: or, in the case of a modified spectrum lamp, not less than 232 lumens and not more than 1,950 lumens. (9)Section 321(30)(T) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(T)) (as amended by section 321(a)(1)(B) of the Energy Independence and Security Act of 2007 (121 Stat. 1574)) is amended— (A)in clause (i)— (i)by striking the comma after household appliance and inserting and; and (ii)by striking and is sold at retail,; and (B)in clause (ii), by inserting when sold at retail, before is designated. (10)Section 325(i) of the Energy Policy and Conservation Act (42 U.S.C. 6295(i)) (as amended by sections 321(a)(3)(A) and 322(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1577, 1588)) is amended by striking the subsection designation and all that follows through the end of paragraph (8) and inserting the following: (i)
General service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps
(1)
Energy efficiency standards
(A)
In general
Each of the following general service fluorescent lamps, general service incandescent lamps, intermediate base incandescent lamps, candelabra base incandescent lamps, and incandescent reflector lamps manufactured after the effective date specified in the tables listed in this subparagraph shall meet or exceed the standards established in the following tables: FLUORESCENT LAMPS Lamp TypeNominal Lamp WattageMinimum CRIMinimum Average Lamp Efficacy (LPW)Effective Date (Period of Months) 4-foot medium bi-pin>35 W6975.036 ≤35 W4575.0 36 2-foot U-shaped>35 W6968.0 36 ≤35 W4564.0 36 8-foot slimline >65 W6980.0 18 ≤65 W4580.0 18 8-foot high output>100 W6980.0 18 ≤100 W4580.0 18
INCANDESCENT REFLECTOR LAMPS Nominal Lamp WattageMinimum Average Lamp Efficacy (LPW)Effective Date (Period of Months)  40–5010.536  51–6611.036  67–8512.536  86–11514.036 116–15514.536 156–20515.036
GENERAL SERVICE INCANDESCENT LAMPS Rated Lumen RangesMaximum Rated WattageMinimum Rated LifetimeEffective Date 1490–2600721,000 hrs1/1/2012 1050–1489531,000 hrs1/1/2013 750–1049431,000 hrs1/1/2014 310–749291,000 hrs1/1/2014
MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS Rated Lumen RangesMaximum Rated WattageMinimum Rated LifetimeEffective Date 1118–1950721,000 hrs1/1/2012 788–1117531,000 hrs1/1/2013 563–787431,000 hrs1/1/2014 232–562291,000 hrs1/1/2014
(B)
Application
(i)
Application criteria
This subparagraph applies to each lamp that— (I)is intended for a general service or general illumination application (whether incandescent or not); (II)has a medium screw base or any other screw base not defined in ANSI C81.61–2006; (III)is capable of being operated at a voltage at least partially within the range of 110 to 130 volts; and (IV)is manufactured or imported after December 31, 2011. (ii)
Requirement
For purposes of this paragraph, each lamp described in clause (i) shall have a color rendering index that is greater than or equal to— (I)80 for nonmodified spectrum lamps; or (II)75 for modified spectrum lamps. (C)
Candelabra incandescent lamps and intermediate base incandescent lamps
(i)
Candelabra base incandescent lamps
Effective beginning January 1, 2012, a candelabra base incandescent lamp shall not exceed 60 rated watts. (ii)
Intermediate base incandescent lamps
Effective beginning January 1, 2012, an intermediate base incandescent lamp shall not exceed 40 rated watts. (D)
Exemptions
(i)
Statutory exemptions
The standards specified in subparagraph (A) shall not apply to the following types of incandescent reflector lamps: (I)Lamps rated at 50 watts or less that are ER30, BR30, BR40, or ER40 lamps. (II)Lamps rated at 65 watts that are BR30, BR40, or ER40 lamps. (III)R20 incandescent reflector lamps rated 45 watts or less. (ii)
Administrative exemptions
(I)
Petition
Any person may petition the Secretary for an exemption for a type of general service lamp from the requirements of this subsection. (II)
Criteria
The Secretary may grant an exemption under subclause (I) only to the extent that the Secretary finds, after a hearing and opportunity for public comment, that it is not technically feasible to serve a specialized lighting application (such as a military, medical, public safety, or certified historic lighting application) using a lamp that meets the requirements of this subsection. (III)
Additional criterion
To grant an exemption for a product under this clause , the Secretary shall include, as an additional criterion, that the exempted product is unlikely to be used in a general service lighting application. (E)
Extension of coverage
(i)
Petition
Any person may petition the Secretary to establish standards for lamp shapes or bases that are excluded from the definition of general service lamps. (ii)
Increased sales of exempted lamps
The petition shall include evidence that the availability or sales of exempted incandescent lamps have increased significantly since the date on which the standards on general service incandescent lamps were established. (iii)
Criteria
The Secretary shall grant a petition under clause (i) if the Secretary finds that— (I)the petition presents evidence that demonstrates that commercial availability or sales of exempted incandescent lamp types have increased significantly since the standards on general service lamps were established and likely are being widely used in general lighting applications; and (II)significant energy savings could be achieved by covering exempted products, as determined by the Secretary based in part on sales data provided to the Secretary from manufacturers and importers. (iv)
No presumption
The grant of a petition under this subparagraph shall create no presumption with respect to the determination of the Secretary with respect to any criteria under a rulemaking conducted under this section. (v)
Expedited proceeding
If the Secretary grants a petition for a lamp shape or base under this subparagraph, the Secretary shall— (I)conduct a rulemaking to determine standards for the exempted lamp shape or base; and (II)complete the rulemaking not later than 18 months after the date on which notice is provided granting the petition. (F)
Effective dates
(i)
In general
In this paragraph, except as otherwise provided in a table contained in subparagraph (A) or in clause (ii), the term effective date means the last day of the month specified in the table that follows October 24, 1992. (ii)
Special effective dates
(I)
ER, br, and bpar lamps
The standards specified in subparagraph (A) shall apply with respect to ER incandescent reflector lamps, BR incandescent reflector lamps, BPAR incandescent reflector lamps, and similar bulb shapes on and after January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007. (II)
Lamps between 2.25–2.75 inches in diameter
The standards specified in subparagraph (A) shall apply with respect to incandescent reflector lamps with a diameter of more than 2.25 inches, but not more than 2.75 inches, on and after the later of January 1, 2008, or the date that is 180 days after the date of enactment of the Energy Independence and Security Act of 2007. (2)
Compliance with existing law
Notwithstanding section 332(a)(5) and section 332(b), it shall not be unlawful for a manufacturer to sell a lamp that is in compliance with the law at the time the lamp was manufactured. (3)
Rulemaking before October 24, 1995
(A)
In general
Not later than 36 months after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than the end of the 54-month period beginning on October 24, 1992, to determine whether the standards established under paragraph (1) should be amended. (B)
Administration
The rule shall contain the amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date on which the final rule is published. (4)
Rulemaking before October 24, 2000
(A)
In general
Not later than 8 years after October 24, 1992, the Secretary shall initiate a rulemaking procedure and shall publish a final rule not later than 9 years and 6 months after October 24, 1992, to determine whether the standards in effect for fluorescent lamps and incandescent lamps should be amended. (B)
Administration
The rule shall contain the amendment, if any, and provide that the amendment shall apply to products manufactured on or after the 36-month period beginning on the date on which the final rule is published. (5)
Rulemaking for additional general service fluorescent lamps
(A)
In general
Not later than the end of the 24-month period beginning on the date labeling requirements under section 324(a)(2)(C) become effective, the Secretary shall— (i)initiate a rulemaking procedure to determine whether the standards in effect for fluorescent lamps and incandescent lamps should be amended so that the standards would be applicable to additional general service fluorescent lamps; and (ii)publish, not later than 18 months after initiating the rulemaking, a final rule including the amended standards, if any. (B)
Administration
The rule shall provide that the amendment shall apply to products manufactured after a date which is 36 months after the date on which the rule is published. (6)
Standards for general service lamps
(A)
Rulemaking before January 1, 2014
(i)
In general
Not later than January 1, 2014, the Secretary shall initiate a rulemaking procedure to determine whether— (I)standards in effect for general service lamps should be amended; and (II)the exclusions for certain incandescent lamps should be maintained or discontinued based, in part, on excluded lamp sales collected by the Secretary from manufacturers. (ii)
Scope
The rulemaking— (I)shall not be limited to incandescent lamp technologies; and (II)shall include consideration of a minimum standard of 45 lumens per watt for general service lamps. (iii)
Amended standards
If the Secretary determines that the standards in effect for general service lamps should be amended, the Secretary shall publish a final rule not later than January 1, 2017, with an effective date that is not earlier than 3 years after the date on which the final rule is published. (iv)
Phased-in effective dates
The Secretary shall consider phased-in effective dates under this subparagraph after considering— (I)the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and (II)the time needed to work with retailers and lighting designers to revise sales and marketing strategies. (v)
Backstop requirement
If the Secretary fails to complete a rulemaking in accordance with clauses (i) through (iv) or if the final rule does not produce savings that are greater than or equal to the savings from a minimum efficacy standard of 45 lumens per watt, effective beginning January 1, 2020, the Secretary shall prohibit the manufacture of any general service lamp that does not meet a minimum efficacy standard of 45 lumens per watt. (vi)
State preemption
Neither section 327 nor any other provision of law shall preclude California or Nevada from adopting, effective beginning on or after January 1, 2018— (I)a final rule adopted by the Secretary in accordance with clauses (i) through (iv); (II)if a final rule described in subclause (I) has not been adopted, the backstop requirement under clause (v); or (III)in the case of California, if a final rule described in subclause (I) has not been adopted, any California regulations relating to these covered products adopted pursuant to State statute in effect as of the date of enactment of the Energy Independence and Security Act of 2007. (B)
Rulemaking before January 1, 2020
(i)
In general
Not later than January 1, 2020, the Secretary shall initiate a rulemaking procedure to determine whether— (I)standards in effect for general service lamps should be amended; and (II)the exclusions for certain incandescent lamps should be maintained or discontinued based, in part, on excluded lamp sales data collected by the Secretary from manufacturers. (ii)
Scope
The rulemaking shall not be limited to incandescent lamp technologies. (iii)
Amended standards
If the Secretary determines that the standards in effect for general service lamps should be amended, the Secretary shall publish a final rule not later than January 1, 2022, with an effective date that is not earlier than 3 years after the date on which the final rule is published. (iv)
Phased-in effective dates
The Secretary shall consider phased-in effective dates under this subparagraph after considering— (I)the impact of any amendment on manufacturers, retiring and repurposing existing equipment, stranded investments, labor contracts, workers, and raw materials; and (II)the time needed to work with retailers and lighting designers to revise sales and marketing strategies. (7)
Federal actions
(A)
Comments of Secretary
(i)
In general
With respect to any lamp to which standards are applicable under this subsection or any lamp specified in section 346, the Secretary shall inform any Federal entity proposing actions that would adversely impact the energy consumption or energy efficiency of the lamp of the energy conservation consequences of the action. (ii)
Consideration
The Federal entity shall carefully consider the comments of the Secretary. (B)
Amendment of standards
Notwithstanding section 325(n)(1), the Secretary shall not be prohibited from amending any standard, by rule, to permit increased energy use or to decrease the minimum required energy efficiency of any lamp to which standards are applicable under this subsection if the action is warranted as a result of other Federal action (including restrictions on materials or processes) that would have the effect of either increasing the energy use or decreasing the energy efficiency of the product. (8)
Compliance
(A)
In general
Not later than the date on which standards established pursuant to this subsection become effective, or, with respect to high-intensity discharge lamps covered under section 346, the effective date of standards established pursuant to that section, each manufacturer of a product to which the standards are applicable shall file with the Secretary a laboratory report certifying compliance with the applicable standard for each lamp type. (B)
Contents
The report shall include the lumen output and wattage consumption for each lamp type as an average of measurements taken over the preceding 12-month period. (C)
Other lamp types
With respect to lamp types that are not manufactured during the 12-month period preceding the date on which the standards become effective, the report shall— (i)be filed with the Secretary not later than the date that is 12 months after the date on which manufacturing is commenced; and (ii)include the lumen output and wattage consumption for each such lamp type as an average of measurements taken during the 12-month period. . (11)Section 325(l)(4)(A) of the Energy Policy and Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by section 321(a)(3)(B) of the Energy Independence and Security Act of 2007 (121 Stat. 1581)) is amended by striking only. (12)Section 327(b)(1)(B) of the Energy Policy and Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by section 321(d)(3) of the Energy Independence and Security Act of 2007 (121 Stat. 1585) and section 240(d)) is amended— (A)in clause (i), by inserting and after the semicolon at the end; (B)in clause (ii), by striking ; and and inserting a period; and (C)by striking clause (iii). (13)Section 321(30)(C)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by section 322(a)(1)(B) of the Energy Independence and Security Act of 2007 (121 Stat. 1587)) is amended by inserting a period after 40 watts or higher. (14)Section 322(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1588) is amended by striking 6995(i) and inserting 6295(i). (15)Section 327(c) of the Energy Policy and Conservation Act (42 U.S.C. 6297(c)) (as amended by sections 324(f) of the Energy Independence and Security Act of 2007 (121 Stat. 1594) and section 6(e)(2)) is amended— (A)in paragraph (6), by striking or after the semicolon at the end; (B)in paragraph (9)(B), by striking or at the end; (C)in paragraph (10), by striking the period at the end and inserting a semicolon; (D)by adding at the end the following: (11)is a regulation for general service lamps that conforms with Federal standards and effective dates; or (12)is an energy efficiency standard for general service lamps enacted into law by the State of Nevada prior to December 19, 2007, if the State has not adopted the Federal standards and effective dates pursuant to subsection (b)(1)(B)(ii). . (16)Section 325(b) of the Energy Independence and Security Act of 2007 (121 Stat. 1596) is amended by striking 6924(c) and inserting 6294(c). (17)This subsection and the amendments made by this subsection take effect as if included in the Energy Independence and Security Act of 2007 (Public Law 110–140; 121 Stat. 1492). (b)
Energy Policy Act of 2005
(1)Section 325(g)(8)(C)(ii) of the Energy Policy and Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by section 135(c)(2)(B) of the Energy Policy Act of 2005) is amended by striking 20°F and inserting −20°F. (2)This subsection and the amendment made by this subsection take effect as if included in the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594). (c)
Energy Policy and Conservation Act
Section 343(a) of the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is amended by striking Air-Conditioning and Refrigeration Institute each place it appears in paragraphs (4)(A) and (7) and inserting Air-Conditioning, Heating, and Refrigeration Institute.