1.Short title; table of
contents
(a)This Act may be cited as the Appliance Standards Improvement Act of
2009
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Test procedure petition process.
Sec. 3. Energy Star program.
Sec. 4. Petition for amended standards.
Sec. 5. Portable light fixtures.
Sec. 6. GU–24 base lamps.
Sec. 7. Study of compliance with energy standards for
appliances.
Sec. 8. Study of direct current electricity supply in certain
buildings.
Sec. 9. Motor market assessment and commercial awareness
program.
2.Test procedure
petition process
(a)Consumer
products other than automobilesSection 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)
(i)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)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)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 requirementsThe 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)
(I)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)The
Secretary may extend the period described in subclause (I) for 1 additional
year.
(III)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 equipmentSection 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)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)
(i)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)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)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 requirementsThe 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)
(I)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)The
Secretary may extend the period described in subclause (I) for 1 additional
year.
(III)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.
3.
(a)Division of
responsibilitiesSection 324A(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6294a(b)) is amended—
(1)by striking
Responsibilities
and inserting the following:
(1)Responsibilities
;
and
(2)by adding at the
end the following:
(2)Not
later than 180 days after the date of enactment of this paragraph, the
Secretary and the Administrator shall update the agreements described in
paragraph (1), including agreements on provisions that provide—
(A)a clear
delineation of the roles and responsibilities of each agency that is based on
the resources and areas of expertise of each agency;
(B)a formal process
for high-level decisionmaking that allows each agency to make specific
programmatic decisions based on the program approaches of each agency;
(C)a facilitated
annual planning meeting that establishes strategic priorities and goals for the
coming year;
(D)a prescribed
course of action to work through differences and disagreements;
(E)a facilitated
biannual program review conducted by a third-party that—
(i)incorporates an
assessment of program progress, partner acceptance, the achievement of program
goals, and future strategic planning; and
(ii)is evaluated by
the Council on Environmental Quality, which shall appraise the findings in the
review and work with the agencies to resolve any negative findings; and
(F)a sunset date for
the new agreement and a timetable for establishing future agreements based on
priorities at that
time.
.
(b)Section
324A(c) of the Energy Policy and Conservation Act (42 U.S.C. 6294a(c)) is
amended—
(1)in paragraph (6),
by striking and
after the semicolon at the end;
(2)in paragraph (7),
by striking the period at the end and inserting a semicolon; and
(3)by adding at the
end the following:
(8)(A)review each product
category—
(i)at least once every 3 years;
or
(ii)when market share for an Energy
Star product category reaches 35 percent;
(B)based on the review—
(i)update and publish the Energy Star
product criteria for the category; or
(ii)publish a finding that no update
is justified with the explanation for the finding; and
(C)during the initial review for each
product category, establish an alternative market share to trigger subsequent
reviews, based on product-specific technology and market attributes;
(9)require a
demonstration of compliance with the Energy Star criteria by qualified
products, except that—
(A)the demonstration
shall be conducted in accordance with appropriate methods determined for each
product type by the Secretary or the Administrator of the Environmental
Protection Agency (as appropriate), including—
(i)third-party
verification;
(ii)third-party
certification;
(iii)purchase and
testing of products from the market; or
(iv)other verified
testing and compliance approaches; and
(B)the Secretary or
Administrator may exempt specific types of products from the requirements of
this subparagraph if the Secretary or Administrator finds that—
(i)the benefits to
the Energy Star program of verifying product performance are substantially
exceeded by the burdens; or
(ii)there are no
benefits to the Energy Star program; and
(10)develop and
publish standardized building energy audit
methods.
.
(c)Section
324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a) is amended by
adding at the end the following:
(e)Authorization
of appropriationsThere are authorized to be appropriated to
carry out this section—
(1)to the Department
of Energy $25,000,000 for each fiscal year; and
(2)to the
Environmental Protection Agency $100,000,000 for each fiscal
year.
.
4.Petition for
amended standardsSection
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)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)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.
.
5.
(a)Section
321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended by
adding at the end the following:
(67)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.
(68)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.
(69)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.
(70)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.
(71)
(A)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)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)
(1)Section 322(a) of the
Energy Policy and Conservation Act (42 U.S.C. 6292(a)) is amended—
(A)by redesignating
paragraph (20) as paragraph (21); and
(B)by inserting
after paragraph (19) the following:
(20)Portable light
fixtures.
.
(2)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
(21)
.
(c)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)LED fixtures
and LED light enginesTest 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.
.
(d)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)
(1)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 and not be rated for use with
incandescent lamps of any type, as defined in ANSI standards.
(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 4200K.
(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)
(A)The
Secretary shall review the criteria and standards established under paragraph
(1) to determine if revised standards are technologically feasible and
economically justified.
(B)The
review shall include consideration of whether—
(i)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)the specific
technical criteria described in subparagraphs (A), (C), and (D)(iii) should be
modified; and
(iii)certain
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)
(i)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)Any
standards under this subsection take effect on January 1, 2016.
(3)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
preemptionNotwithstanding 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.
.
6.
(a)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:
(72)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.
(73)
(A)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)The term GU–24 Adaptor does
not include a fluorescent ballast with a GU–24 base.
(74)GU–24 base lamp means a light bulb designed to
fit in a GU–24
socket.
.
(b)Section
325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) (as amended by
section 5(d)) is amended by inserting after subsection (ii) the
following:
(jj)
(1)A GU–24 base lamp shall not be an incandescent lamp as
defined by ANSI.
(2)GU–24 adaptors shall not adapt a GU–24 socket to any
other line voltage socket.
.
7.Study of
compliance with energy standards for appliances
(a)The Secretary of Energy 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)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.
8.Study of direct
current electricity supply in certain buildings
(a)The Secretary of Energy 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)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.
9.Motor market
assessment and commercial awareness program
(a)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)In
this section:
(1)The
term Department means the Department of Energy.
(2)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)The
term Secretary means the Secretary of Energy, in consultation with
interested parties.
(c)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)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)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.