[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6582 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6582
To allow for innovations and alternative technologies that meet or
exceed desired energy efficiency goals, and to make technical
corrections to existing Federal energy efficiency laws to allow
American manufacturers to remain competitive.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 2, 2012
Mr. Aderholt (for himself, Mr. Carnahan, Mrs. Blackburn, Mr. Cooper,
Mr. Roe of Tennessee, Mr. Westmoreland, Mr. Whitfield, and Mr. Shimkus)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To allow for innovations and alternative technologies that meet or
exceed desired energy efficiency goals, and to make technical
corrections to existing Federal energy efficiency laws to allow
American manufacturers to remain competitive.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy Manufacturing
Technical Corrections Act''.
SEC. 2. INNOVATIVE COMPONENT TECHNOLOGIES.
Section 342(f) of the Energy Policy and Conservation Act (42 U.S.C.
6313(f)) is amended--
(1) in paragraph (1), by striking ``paragraphs (2) through
(5)'' and inserting ``paragraphs (2) through (6)''; and
(2) by adding at the end the following new paragraph:
``(6) Innovative component technologies.--Subparagraph (C)
of paragraph (1) shall not apply to a walk-in cooler or walk-in
freezer component if the component manufacturer has
demonstrated to the satisfaction of the Secretary that the
component reduces energy consumption at least as much as if
such subparagraph were to apply. In support of any
demonstration under this paragraph, a manufacturer shall
provide to the Secretary all data and technical information
necessary to fully evaluate its application.''.
SEC. 3. 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.''.
SEC. 4. 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
(ft\2\) 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.''.
SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE CHANGES.
(a) 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)) is amended by adding at the end the following:
``(4) 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) Small-duct high-velocity systems.--
``(i) Seasonal energy efficiency ratio.--
The seasonal energy efficiency ratio for small-
duct high-velocity systems shall be not less
than--
``(I) 11.00 for products
manufactured on or after January 23,
2006; and
``(II) 12.00 for products
manufactured on or after January 1,
2015.
``(ii) Heating seasonal performance
factor.--The heating seasonal performance
factor for small-duct high-velocity systems
shall be not less than--
``(I) 6.8 for products manufactured
on or after January 23, 2006; and
``(II) 7.2 for products
manufactured on or after January 1,
2015.
``(C) Subsequent rulemakings.--The Secretary shall
conduct subsequent rulemakings for through-the-wall
central air conditioners, through-the-wall central air
conditioning heat pumps, and small duct, high velocity
systems as part of any rulemaking under this section
used to review or revise standards for other central
air conditioners and heat pumps.''.
(b) Duty To Review Commercial Equipment.--Section 342(a)(6) of the
Energy Policy and Conservation Act (42 U.S.C. 6313(a)(6)) is amended--
(1) in subparagraph (A)(i), by inserting ``the standard
levels or design requirements applicable under that standard
to'' immediately before ``any small commercial''; and
(2) in subparagraph (C)--
(A) in clause (i)--
(i) by striking ``Not later than 6 years
after issuance of any final rule establishing
or amending a standard, as required for a
product under this part,'' and inserting
``Every 6 years,''; and
(ii) by inserting after ``the Secretary
shall'' the following: ``conduct an evaluation
of each class of covered equipment and shall'';
and
(B) by adding at the end the following:
``(vi) For any covered equipment as to
which more than 6 years has elapsed since the
issuance of the most recent final rule
establishing or amending a standard for the
product as of the date of enactment of this
clause, the first notice required under clause
(i) shall be published by December 31, 2013.''.
(c) 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.''.
SEC. 6. 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'';
(C) in subsection (a)--
(i) in paragraph (8), by striking ``and''
at the end;
(ii) in paragraph (9), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(10) section 327 shall apply with respect to the
equipment described in section 340(1)(L) beginning on the date
on which a final rule establishing an energy conservation
standard is issued by the Secretary, except that any State or
local standard prescribed or enacted for the equipment before
the date on which the final rule is issued shall not be
preempted until the energy conservation standard established by
the Secretary for the equipment takes effect.'';
(D) in subsection (b)(1), by striking ``section
325(p)(5)'' and inserting ``section 325(p)(4)''; and
(E) in subsection (h)(3), by striking ``section
342(f)(3)'' and inserting ``section 342(f)(4)''.
(6) 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''.
(7) 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''.
(8) 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''.
(9) 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)) 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).
(10) 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''.
(11) 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)''.
(12) 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)''.
(13) 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 ``20F'' and inserting ``20F''.
(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.--
(1) Section 340(2)(B) of the Energy Policy and Conservation
Act (42 U.S.C. 6311(2)(B)) is amended--
(A) in clause (xi), by striking ``and'' at the end;
(B) in clause (xii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(xiii) other motors.''.
(2) 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''.
<all>