1.Short
title; table of contents
(a)This Act may be cited
as the Implementation of National
Consensus Appliance Agreements Act of 2011
.
(b)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. GU–24 base lamps.
Sec. 5. Efficiency standards for bottle-type water dispensers,
commercial hot food holding cabinets, and portable electric spas.
Sec. 6. Test procedure petition process.
Sec. 7. Amendments to home appliance test methods.
Sec. 8. Credit for Energy Star smart appliances.
Sec. 9. Video game console energy efficiency study.
Sec. 10. Refrigerator and freezer standards.
Sec. 11. Room air conditioner standards.
Sec. 12. Uniform efficiency descriptor for covered water
heaters.
Sec. 13. Clothes dryers.
Sec. 14. Standards for clothes washers.
Sec. 15. Dishwashers.
Sec. 16. Standards for certain reflector
lamps.
Sec.
16.17.
Petition for amended standards.
Sec.
17.18.
Prohibited acts.
Sec.
18.19.
Outdoor lighting.
Sec.
19.20.
Standards for commercial furnaces.
Sec.
20.21.
Service over the counter, self-contained, medium temperature commercial
refrigerators.
Sec.
21.22. Motor
market assessment and commercial awareness program.
Sec.
22.23. Study
of compliance with energy standards for appliances.
Sec.
23.24. Study
of direct current electricity supply in certain buildings.
Sec.
24.25.
Technical corrections.
2.Energy
conservation standards
(a)Definition of
energy conservation standardSection 321 of the Energy Policy and
Conservation Act (42 U.S.C. 6291) is amended—
(1)by striking
paragraph (6) and inserting the following:
(6)Energy
conservation standard
(A)The term energy conservation standard means
1 or more performance standards that—
(i)for covered
products (excluding clothes washers, dishwashers, showerheads, faucets, water
closets, and urinals), prescribe a minimum level of energy efficiency or a
maximum quantity of energy use, determined in accordance with test procedures
prescribed under section 323;
(ii)for showerheads,
faucets, water closets, and urinals, prescribe a minimum level of water
efficiency or a maximum quantity of water use, determined in accordance with
test procedures prescribed under section 323; and
(iii)for clothes
washers and dishwashers—
(I)prescribe a
minimum level of energy efficiency or a maximum quantity of energy use,
determined in accordance with test procedures prescribed under section 323;
and
(II)include a
minimum level of water efficiency or a maximum quantity of water use,
determined in accordance with those test procedures.
(B)The
term energy conservation standard includes—
(i)1 or more design
requirements, if the requirements were established—
(I)on or before the
date of enactment of this subclause;
(II)as part of a
direct final rule under section 325(p)(4); or
(III)as part of a
final rule published on or after January 1, 2012; and
(ii)any other
requirements that the Secretary may prescribe under section 325(r).
(C)The
term energy conservation standard does not include a performance
standard for a component of a finished covered product, unless regulation of
the component is specifically authorized or established pursuant to this
title.
;
and
(2)by adding at the
end the following:
(67)The
term EER means energy efficiency ratio.
(68)The
term HSPF means heating seasonal performance
factor.
.
(b)EER and HSPF
test proceduresSection 323(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end the
following:
(19)EER and HSPF
test procedures
(A)Subject to subparagraph (B), for purposes of residential
central air conditioner and heat pump standards that take effect on or before
January 1, 2015—
(i)the EER shall be
tested at an outdoor test temperature of 95 degrees Fahrenheit; and
(ii)the HSPF shall
be calculated based on Region IV conditions.
(B)The
Secretary may revise the EER outdoor test temperature and the conditions for
HSPF calculations as part of any rulemaking to revise the central air
conditioner and heat pump test
method.
.
(c)Central air
conditioners and heat pumpsSection 325(d) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(d)) is amended by adding at the end the
following:
(4)Central air
conditioners and heat pumps (except through-the-wall central air conditioners,
through-the-wall central air conditioning heat pumps, and small duct, high
velocity systems) manufactured on or after January 1, 2015
(A)
(i)Seasonal energy
efficiency ratioThe seasonal energy efficiency ratio of central
air conditioners and central air conditioning heat pumps manufactured on or
after January 1, 2015, shall not be less than the following:
(I)Split Systems: 13
for central air conditioners and 14 for heat pumps.
(II)Single Package
Systems: 14.
(ii)Heating
seasonal performance factorThe heating seasonal performance
factor of central air conditioning heat pumps manufactured on or after January
1, 2015, shall not be less than the following:
(I)Split Systems:
8.2.
(II)Single Package
Systems: 8.0.
(B)
(i)Seasonal energy
efficiency ratioThe seasonal energy efficiency ratio of central
air conditioners and central air conditioning heat pumps manufactured on or
after January 1, 2015, and installed in States having historical average
annual, population weighted, heating degree days less than 5,000 (specifically
the States of Alabama, Arizona, Arkansas, California, Delaware, Florida,
Georgia, Hawaii, Kentucky, Louisiana, Maryland, Mississippi, Nevada, New
Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and
Virginia) or in the District of Columbia, the Commonwealth of Puerto Rico, or
any other territory or possession of the United States shall not be less than
the following:
(I)Split Systems: 14
for central air conditioners and 14 for heat pumps.
(II)Single Package
Systems: 14.
(ii)The energy efficiency ratio of central air
conditioners (not including heat pumps) manufactured on or after January 1,
2015, and installed in the State of Arizona, California, New Mexico, or Nevada
shall be not less than the following:
(I)Split Systems:
12.2 for split systems having a rated cooling capacity less than 45,000 BTU per
hour and 11.7 for products having a rated cooling capacity equal to or greater
than 45,000 BTU per hour.
(II)Single Package
Systems: 11.0.
(iii)Application
of subsection (o)(6)Subsection
(o)(6) shall apply to the regional standards set forth in this
subparagraph.
(C)
(i)Not later than January 1, 2017, the Secretary shall
publish a final rule to determine whether the standards in effect for central
air conditioners and central air conditioning heat pumps should be
amended.
(ii)The
rule shall provide that any amendments shall apply to products manufactured on
or after January 1, 2022.
(D)Consideration
of additional performance standards or efficiency criteria
(i)Not
later than 4 years in advance of the expected publication date of a final rule
for central air conditioners and heat pumps under subparagraph (C), the
Secretary shall convene and facilitate a forum for interested persons that are
fairly representative of relevant points of view (including representatives of
manufacturers of the covered product, States, and efficiency advocates), as
determined by the Secretary, to consider adding additional performance
standards or efficiency criteria in the forthcoming rule.
(ii)If,
within 1 year of the initial convening of such a forum, the Secretary receives
a recommendation submitted jointly by such representative interested persons to
add 1 or more performance standards or efficiency criteria, the Secretary shall
incorporate the performance standards or efficiency criteria in the rulemaking
process, and, if justified under the criteria established in this section,
incorporate such performance standards or efficiency criteria in the revised
standard.
(iii)If no such joint recommendation is made within 1
year of the initial convening of such a forum, the Secretary may add additional
performance standards or efficiency criteria if the Secretary finds that the
benefits substantially exceed the burdens of the action.
(E)
(i)As part of any final rule concerning central air
conditioner and heat pump standards published after June 1, 2013, the Secretary
shall determine if the building code levels specified in section 327(f)(3)(C)
should be amended subject to meeting the criteria of subsection (o) when
applied specifically to new construction.
(ii)Any amended levels shall not take effect before January 1,
2018.
(iii)The final rule shall contain the amended levels, if
any.
.
(d)Through-the-Wall
central air conditioners, through-the-Wall central air conditioning heat pumps,
and small duct, high velocity systemsSection 325(d) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(d)) (as amended by
subsection (c)) is amended by adding at the end the following:
(5)Standards for
through-the-wall central air conditioners, through-the-wall central air
conditioning heat pumps, and small duct, high velocity systems
(A)In
this paragraph:
(i)Small duct,
high velocity systemThe term small duct, high velocity
system means a heating and cooling product that contains a blower and
indoor coil combination that—
(I)is designed for,
and produces, at least 1.2 inches of external static pressure when operated at
the certified air volume rate of 220–350 CFM per rated ton of cooling;
and
(II)when applied in
the field, uses high velocity room outlets generally greater than 1,000 fpm
that have less than 6.0 square inches of free area.
(ii)Through-the-wall
central air conditioner; through-the-wall central air conditioning heat
pumpThe terms through-the-wall central air
conditioner and through-the-wall central air conditioning heat
pump mean a central air conditioner or heat pump, respectively, that is
designed to be installed totally or partially within a fixed-size opening in an
exterior wall, and—
(I)is not
weatherized;
(II)is clearly and
permanently marked for installation only through an exterior wall;
(III)has a rated
cooling capacity no greater than 30,000 Btu/hr;
(IV)exchanges all of
its outdoor air across a single surface of the equipment cabinet; and
(V)has a combined
outdoor air exchange area of less than 800 square inches (split systems) or
less than 1,210 square inches (single packaged systems) as measured on the
surface area described in subclause (IV).
(iii)The
Secretary may revise the definitions contained in this subparagraph through
publication of a final rule.
(B)Small-duct
high-velocity systems
(i)Seasonal energy
efficiency ratioThe seasonal energy efficiency ratio for
small-duct high-velocity systems shall be not less than 11.00 for products
manufactured on or after January 23, 2006.
(ii)Heating
seasonal performance factorThe heating seasonal performance
factor for small-duct high-velocity systems shall be not less than 6.8 for
products manufactured on or after January 23, 2006.
(C)
(i)Not later than June 30, 2011, the Secretary shall publish
a final rule to determine whether standards for through-the-wall central air
conditioners, through-the-wall central air conditioning heat pumps and small
duct, high velocity systems should be amended.
(ii)The
rule shall provide that any new or amended standard shall apply to products
manufactured on or after June 30,
2016.
.
(e)Section
325(f) of the Energy Policy and Conservation Act (42 U.S.C. 6295(f)) is amended
by adding at the end the following:
(5)Non-weatherized
furnaces (including mobile home furnaces, but not including boilers)
manufactured on or after May 1, 2013, and weatherized furnaces manufactured on
or after January 1, 2015
(A)
(i)The annual fuel utilization efficiency
of non-weatherized furnaces manufactured on or after May 1, 2013, shall be not
less than the following:
(I)Gas furnaces, a
level determined by the Secretary in a final rule published not later than June
30, 2011.
(II)Oil furnaces, 83
percent.
(ii)The annual fuel utilization efficiency of weatherized
gas furnaces manufactured on or after January 1, 2015, shall be not less than
81 percent.
(B)
(i)Annual fuel
utilization efficiencyNot later than June 30, 2011, the
Secretary shall—
(I)publish a final
rule determining whether to 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); and
(II)include in the
final rule described in subclause (I) any regional standard established under
this subparagraph.
(ii)Application of
subsection (o)(6)Subsection
(o)(6) shall apply to any regional standard established under this
subparagraph.
(C)
(i)
(I)Not later than January 1, 2014, the Secretary shall
publish a final rule to determine whether the standards in effect for
non-weatherized furnaces should be amended.
(II)The
rule shall provide that any amendments shall apply to products manufactured on
or after January 1, 2019.
(ii)
(I)Not later than January 1, 2017, the Secretary shall
publish a final rule to determine whether the standard in effect for
weatherized furnaces should be amended.
(II)The
rule shall provide that any amendments shall apply to products manufactured on
or after January 1, 2022.
(D)
(i)
(I)Final rule
published after January 1, 2011As part of any final rule
concerning furnace standards published after January 1, 2011, the Secretary
shall establish the building code levels referred to in subclauses (I)(aa),
(II)(aa), and (III)(aa) of section 327(f)(3)(C)(i) subject to meeting the
criteria of subsection (o) when applied specifically to new
construction.
(II)Final rule
published after June 1, 2013As part of any final rule concerning
furnace standards published after June 1, 2013, the Secretary shall determine
if the building code levels specified in or pursuant to section 327(f)(3)(C)
should be amended subject to meeting the criteria of subsection (o) when
applied specifically to new construction.
(ii)Any amended levels shall not take effect before January 1,
2018.
(iii)The final rule shall contain the amended levels, if
any.
.
(f)Exception for
certain building code requirementsSection 327(f) of the Energy
Policy and Conservation Act (42 U.S.C. 6297(f)) is amended—
(1)in paragraph (3),
by striking subparagraphs (B) through (F) and inserting the following:
(B)The code does not
contain a mandatory requirement that, under all code compliance paths, requires
that the covered product have an energy efficiency exceeding 1 of the following
levels:
(i)The applicable
energy conservation standard established in or prescribed under section
325.
(ii)The level
required by a regulation of the State for which the Secretary has issued a rule
granting a waiver under subsection (d).
(C)If the energy
consumption or conservation objective in the code is determined using covered
products, including any baseline building designs against which all submitted
building designs are to be evaluated, the objective is based on the use of
covered products having efficiencies not exceeding—
(i)for residential
furnaces, central air conditioners, and heat pumps, effective not earlier than
January 1, 2013, and until such time as a level takes effect for the product
under clause (ii)—
(I)for the States
described in section 325(f)(5)(B)(i)—
- (aa)for gas
furnaces, an AFUE level determined by the Secretary; 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)for gas
furnaces, an AFUE level determined by the Secretary; and
- (bb)15
SEER for central air conditioners;
(III)for the States
of Arizona, California, Nevada, and New Mexico—
- (aa)for gas
furnaces, an AFUE level determined by the Secretary;
- (bb)15
SEER for central air conditioners;
- (cc)an
EER of 12.5 for air conditioners (not including heat pumps) with cooling
capacity less than 45,000 Btu per hour; and
- (dd)an
EER of 12.0 for air conditioners (not including heat pumps) with cooling
capacity of 45,000 Btu per hour or more; and
(IV)for all
States—
- (aa)85
percent AFUE for oil furnaces; and
- (bb)15
SEER and 8.5 HSPF for heat pumps;
(ii)the building
code levels established pursuant to section 325; or
(iii)the applicable
standards or levels specified in subparagraph (B).
(D)The credit to the
energy consumption or conservation objective allowed by the code for installing
a covered product having an energy efficiency exceeding the applicable standard
or level specified in subparagraph (C) is on a 1-for-1 equivalent energy use or
equivalent energy cost basis, which may take into account the typical lifetimes
of the products and building features, using lifetimes for covered products
based on information published by the Department of Energy or the American
Society of Heating, Refrigerating and Air-Conditioning Engineers.
(E)If the code sets
forth 1 or more combinations of items that meet the energy consumption or
conservation objective, and if 1 or more combinations specify an efficiency
level for a covered product that exceeds the applicable standards and levels
specified in subparagraph (B)—
(i)there is at least
1 combination that includes such covered products having efficiencies not
exceeding 1 of the standards or levels specified in subparagraph (B);
and
(ii)if 1 or more
combinations of items specify an efficiency level for a furnace, central air
conditioner, or heat pump that exceeds the applicable standards and levels
specified in subparagraph (B), there is at least 1 combination that the State
has found to be reasonably achievable using commercially available technologies
that includes such products having efficiencies at the applicable levels
specified in subparagraph (C), except that no combination need include a
product having an efficiency less than the level specified in subparagraph
(B)(ii).
(F)The energy
consumption or conservation objective is specified in terms of an estimated
total consumption of energy (which may be specified in units of energy or its
equivalent
cost).
;
(2)in paragraph
(4)(B)—
(A)by inserting
after building code
the first place it appears the following:
contains a mandatory requirement that, under all code compliance
paths,
; and
(B)by striking
unless the
and all that follows through subsection
(d)
; and
(3)by adding at the
end the following:
(5)Replacement of
covered productParagraph (3) shall not apply to the replacement
of a covered product serving an existing building unless the replacement
results in an increase in capacity greater than—
(A)12,000 Btu per
hour for residential air conditioners and heat pumps; or
(B)20 percent for
other covered
products.
.
3.Energy
conservation standards for heat pump pool heaters
(a)
(1)Section 321(22) of the Energy Policy and Conservation
Act (42 U.S.C. 6291(22)) is amended—
(A)in subparagraph
(E), by inserting gas-fired
before pool heaters
;
and
(B)by adding at the
end the following:
(F)For heat pump
pool heaters, coefficient of performance of heat pump pool
heaters.
.
(2)Coefficient of
performance of heat pump pool heatersSection 321 of the Energy
Policy and Conservation Act (42 U.S.C. 6291) is amended by inserting after
paragraph (25) the following:
(25A)Coefficient of performance of heat pump pool
heatersThe term coefficient of performance of heat pump
pool heaters means the ratio of the capacity to power input value
obtained at the following rating conditions: 50.0 °F db/44.2 °F wb outdoor air
and 80.0 °F entering water temperatures, according to AHRI Standard
1160.
.
(3)Thermal
efficiency of gas-fired pool heatersSection 321(26) of the
Energy Policy and Conservation Act (42 U.S.C. 6291(26)) is amended by inserting
gas-fired
before pool heaters
.
(b)Standards for
pool heatersSection 325(e)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(e)(2)) is amended—
(1)by striking
(2) The thermal efficiency of pool heaters
and inserting the
following:
(2)
(A)The thermal efficiency of gas-fired pool
heaters
;
and
(2)by adding at the
end the following:
(B)Heat pump pool heaters manufactured on or after the date
of enactment of this subparagraph shall have a minimum coefficient of
performance of
4.0.
.
4.
(a)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)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.
(70)
(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.
(71)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) is
amended—
(1)by redesignating
subsection (ii) as subsection (jj); and
(2)by inserting
after subsection (hh) the following:
(ii)
(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.
.
5.Efficiency standards for bottle-type water
dispensers, commercial hot food holding cabinets, and portable electric
spas
(a)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:
(72)Bottle-type water dispenserThe 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.
(73)Commercial hot food holding
cabinet
(A)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)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.
(74)Compartment bottle-type water
dispenserThe 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.
(75)
(A)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)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)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.
(76)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)
(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 (23); and
(B)by inserting
after paragraph (19) the following:
(20)Bottle-type water dispensers and
compartment bottle-type water dispensers.
(21)Commercial hot food holding
cabinets.
(22)Portable electric
spas.
.
(2)
(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 (23)
.
(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 (23)
.
(c)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)Bottle-type water dispensers
(A)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 timersA unit with an integral, automatic timer
shall not be tested under this paragraph using section 4D of the test criteria
(relating to Timer Usage).
(21)Commercial hot food holding
cabinets
(A)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 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.
(22)
(A)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)Consumption shall be normalized under this
paragraph for a water temperature difference of 37 degrees Fahrenheit.
(C)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)Section 325 of the Energy Policy and
Conservation Act (42
U.S.C. 6295) (as amended by section 4(b)) is amended—
(1)by redesignating
subsection (ii) as subsection (mm); and
(2)by inserting
after subsection (hh) the following:
(ii)Bottle-Type water dispensersEffective beginning on the date that is 1
year after the date of enactment of the Implementation of National Consensus Appliance Agreements
Act of 2011—
(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.
(jj)Commercial hot food holding
cabinetsEffective beginning
on the date that is 1 year after the date of enactment of the
Implementation of National Consensus
Appliance Agreements Act of 2011, a commercial hot food holding
cabinet shall have a maximum idle energy rate of 40 watts per cubic foot of
interior volume.
(kk)Effective beginning on the date that is 1
year after the date of enactment of the Implementation of National Consensus Appliance Agreements
Act of 2011, 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)).
(ll)
(1)Not later than the date that is 3 years
after the date of enactment of the Implementation of National Consensus Appliance Agreements
Act of 2011, the Secretary shall—
(A)consider in accordance with subsection (o)
revisions to the standards established under subsections (ii), (jj), and (kk);
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)Any revised standards
under this subsection shall take effect not earlier than the date that is 3
years after the date of the publication of the final
rule.
.
(e)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.
.
6.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 procedure 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 procedure or a determination not to
amend the test procedure.
(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).
(C)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 proceduresThe Secretary shall direct the National Institute
of Standards and Technology to assist in developing new or amended test
procedures.
.
(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.
7.Amendments to
home appliance test methodsSection 323(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)) (as amended by section 5(c)) is amended by
adding at the end the following:
(23)Refrigerator
and freezer test procedure
(A)Not later than 90 days after the date on which the
Secretary publishes the final standard rule that was proposed on September 27,
2010, the Secretary shall finalize the interim final test procedure rule
proposed on December 16, 2010, with such subsequent modifications to the test
procedure or standards as the Secretary determines to be appropriate and
consistent with this part.
(B)
(i)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)Not later than December 31, 2012, the Secretary shall
publish a final rule regarding the matter described in clause (i).
(24)Additional
home appliance test procedures
(A)Amended test
procedure for clothes washersNot later than October 1, 2011, the
Secretary shall publish a final rule amending the residential clothes washer
test procedure.
(B)Amended test
procedure for clothes dryers
(i)Not later than 180 days after the date of enactment of
this paragraph, the Secretary shall publish an amended test procedure for
clothes dryers.
(ii)The
amendments to the test procedure shall be limited to modifications requiring
that tested dryers are run until the cycle (including cool down) is ended by
automatic termination controls, if equipped with those
controls.
.
8.
Credit for Energy Star smart appliancesSection 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 AppliancesNot 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.
.
9.Video game
console energy efficiency study
(a)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)
(1)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)The
study under paragraph (1) shall include an assessment of all power-consuming
modes and media playback modes of video game consoles.
(b)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)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)Subsection (nn)(1) of section 325 of the Energy Policy and
Conservation Act (42 U.S.C. 6295) (as redesignated by section 5(d)(1)) is
amended by inserting or section 324B
after subsection
(l), (u), or (v)
each place it appears.
10.Refrigerator
and freezer standardsSection
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 classIn 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)
(i)Based on the test procedure in effect on 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)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)
(I)Except as provided in subclause (II), after the date of
publication of each test procedure change made pursuant to section 323(b)(23),
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)The
standards amendment made pursuant to the test procedure change required under
section 323(b)(23)(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)(23)(A).
(III)Section
323(e)(3) shall not apply to the rules described in this clause.
(iv)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)(23).
(v)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)(23)(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 procedureA standards amendment
adopted pursuant to a test procedure change required under section
323(b)(23)(A) shall apply to any product manufactured as of January 1,
2014.
(II)Standards
amendment after revised test procedure for icemaker energyAn
amendment adopted pursuant to a test procedure change required under section
323(b)(23)(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)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)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)A
final rule published under clause (iii) pursuant to the test procedure change
required under section 323(b)(23)(B) or pursuant to clause (iv) shall not be
considered to be an amendment to the standard for purposes of section
325(m).
.
11.Room air
conditioner standardsSection
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)Based on the test procedure in effect on 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 ratiosThe 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)
(i)Not later than July 1, 2011, pursuant to the test
procedure adopted by the Secretary on January 6, 2011, the Secretary 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)The Secretary shall integrate standby and off mode energy
consumption into the amended energy efficiency ratios standards required under
clause (i).
(II)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)
(I)Section 323(e)(3) shall not apply to the amended
standards described in clause (i).
(II)The amended standards required by this subparagraph
shall apply to products manufactured on or after June 1,
2014.
.
12.Uniform efficiency
descriptor for covered water heatersSection 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)In
this paragraph:
(i)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)The term final rule means the final rule
published under this paragraph.
(B)Publication of
final ruleNot 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)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)
(i)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)The final rule shall take effect 1 year after the date of
publication of the final rule under subparagraph (B).
(E)
(i)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)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 requirementsThe conversion factor shall not affect
the minimum efficiency requirements for covered water heaters otherwise
established under this title.
(iv)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)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)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 (on the
date of enactment of this paragraph) to the category under section
342(a)(5).
(G)The
descriptor set by the final rule may be—
(i)a
revised version of the energy factor descriptor in use on the date of enactment
of this paragraph;
(ii)the thermal
efficiency and standby loss descriptors in use on 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)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 on the date of enactment of this paragraph and to future
water heating technologies.
(I)The
Secretary shall invite interested stakeholders to participate in the rulemaking
process used to establish the final rule.
(J)Testing of
alternative descriptorsIn 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 heatersA 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.
.
13.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)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)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)
(I)
- (aa)The final rule to amend the clothes dryer test procedure
adopted pursuant to section 323(b)(24)(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)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)The
Secretary shall integrate standby and off mode energy consumption into the
amended standards required under subclause (I).
- (bb)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)
- (aa)Section 323(e)(3) shall not apply to the amended
standards described in subclause (I).
- (bb)The amended standards required by this clause shall
apply to products manufactured on or after January 1, 2015.
(iv)Any dryer energy conservation standard that takes
effect after the date of enactment of this subparagraph but before the amended
standard required by this subparagraph shall not
apply.
.
14.Standards for
clothes washersSection
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)
(i)Products
manufactured on or after January 1, 2015
(I)Based on the test procedure in effect on July 9, 2010,
clothes washers manufactured on or after January 1, 2015, shall comply with the
minimum modified energy factors and maximum water factors specified in the
table contained in subclause (II).
(II)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)Based on the test procedure in effect on 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)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)
(I)The final rule to amend the clothes washer test procedure
adopted pursuant to section 323(b)(24)(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)The
Secretary shall integrate standby and off mode energy consumption into the
amended modified energy factor standards required under subclause (I).
- (bb)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)
- (aa)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,
2015Amended 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,
2018Amended standards required by this clause that are based on
clause (ii) shall apply to products manufactured on or after January 1,
2018.
.
15.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, 2010A 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, 2013A 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)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)
(I)Section 323(e)(3) shall not apply to the amended
standards described in clause (i).
(II)The amended standards required by this subparagraph
shall apply to products manufactured on or after January 1,
2013.
.
16.Standards for certain
reflector lampsSection 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)In conducting rulemakings for reflector lamps after January
1, 2014, the Secretary shall consider—
(A)incandescent and
nonincandescent technologies; and
(B)a new energy-related
measure, other than lumens per watt, that is based on the photometric
distribution of those
lamps.
.
16.17.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.
.
17.18.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.
.
18.19.
(a)
(1)Section 340(1) of the Energy Policy and Conservation
Act (42 U.S.C. 6311(1)) is amended—
(A)by redesignating
subparagraph (L) as subparagraph (O); and
(B)by inserting
after subparagraph (K) the following:
(L)High light output
double-ended quartz halogen lamps.
(M)General purpose
mercury vapor
lamps.
.
(2)Section 340(2)(B) of the Energy Policy and Conservation
Act (42 U.S.C. 6311(2)(B)) is amended—
(A)by striking
and
before unfired hot water
; and
(B)by inserting
after tanks
the following: , high light output
double-ended quartz halogen lamps, and general purpose mercury vapor
lamps
.
(3)Section 340 of the Energy Policy and Conservation Act
(42 U.S.C. 6311) is amended—
(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)General
purpose mercury vapor lampThe term general purpose mercury
vapor lamp means a mercury vapor lamp (as defined in section 321)
that—
(A)has a screw
base;
(B)is designed for
use in general lighting applications (as defined in section 321);
(C)is not a
specialty application mercury vapor lamp; and
(D)is designed to
operate on a mercury vapor lamp ballast (as defined in section 321) or is a
self-ballasted lamp.
(26)High light
output double-ended quartz halogen lampThe term high light
output double-ended quartz halogen lamp means a lamp that—
(A)is designed for
general outdoor lighting purposes;
(B)contains a
tungsten filament;
(C)has a rated
initial lumen value of greater than 6,000 and less than 40,000 lumens;
(D)has at each end a
recessed single contact, R7s base;
(E)has a maximum
overall length (MOL) between 4 and 11 inches;
(F)has a nominal
diameter less than 3/4 inch (T6);
(G)is designed to be
operated at a voltage not less than 110 volts and not greater than 200 volts or
is designed to be operated at a voltage between 235 volts and 300 volts;
(H)is not a tubular
quartz infrared heat lamp; and
(I)is not a lamp
marked and marketed as a Stage and Studio lamp with a rated life of 500 hours
or less.
(27)Specialty
application mercury vapor lampThe term specialty
application mercury vapor lamp means a mercury vapor lamp (as defined in
section 321) that is—
(A)designed only to
operate on a specialty application mercury vapor lamp ballast (as defined in
section 321); and
(B)is marked and
marketed for specialty applications only.
(28)Tubular quartz
infrared heat lampThe term tubular quartz infrared heat
lamp means a double-ended quartz halogen lamp that—
(A)is marked and
marketed as an infrared heat lamp; and
(B)radiates
predominately in the infrared radiation range and in which the visible
radiation is not of principle
interest.
.
(b)Section
342 of the Energy Policy and Conservation Act (42 U.S.C. 6313) is amended by
adding at the end the following:
(g)High light
output double-Ended quartz halogen lampsA high light output
double-ended quartz halogen lamp manufactured on or after January 1, 2016,
shall have a minimum efficiency of—
(1)27 LPW for lamps
with a minimum rated initial lumen value greater than 6,000 and a maximum
initial lumen value of 15,000; and
(2)34 LPW for lamps
with a rated initial lumen value greater than 15,000 and less than
40,000.
(h)General purpose
mercury vapor lampsA general purpose mercury vapor lamp shall
not be manufactured on or after January 1,
2016.
.
(c)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)High light
output double-Ended quartz halogen lamps
(1)Except as provided in paragraph (2), section 327 shall
apply to high light output double-ended quartz halogen lamps to the same extent
and in the same manner as described in section 325(nn)(1).
(2)State energy
conservation standardsAny State energy conservation standard
that is adopted on or before January 1, 2015, pursuant to a statutory
requirement to adopt efficiency standard for reducing outdoor lighting energy
use enacted prior to January 31, 2008, shall not be
preempted.
.
19.20.Standards for
commercial furnacesSection
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
on or after the date that is 1 year after the date of enactment of this
paragraph shall meet the following standard levels:
(A)Gas-fired units
shall—
(i)have a minimum
combustionthermal
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.
.
20.21.Service over
the counter, self-contained, medium temperature commercial
refrigeratorsSection 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.
.
21.22.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.
22.23.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 of
Energy shall submit to the appropriate committees of Congress a report
describing the results of the study, including any recommendations.
23.24.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 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.
24.25.
(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)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)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)
(I)Energy use and
efficiencyThe 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)
- (aa)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)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
(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.
;
and
(D)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)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)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 motorsExcept 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 motorsExcept 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 elementsExcept 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)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)
(i)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)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 lampsEffective beginning January 1, 2012, a
candelabra base incandescent lamp shall not exceed 60 rated watts.
(ii)Intermediate
base incandescent lampsEffective beginning January 1, 2012, an
intermediate base incandescent lamp shall not exceed 40 rated watts.
(D)
(i)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)Any
person may petition the Secretary for an exemption for a type of general
service lamp from the requirements of this subsection.
(II)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)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)
(i)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 lampsThe 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)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)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)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)
(i)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 period of months specified in the table
after October 24, 1992.
(ii)
(I)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 diameterThe 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 lawNotwithstanding 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)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)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)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)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)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)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)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)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)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 datesThe 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)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)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 on the date of enactment of the Energy Independence
and Security Act of 2007.
(B)Rulemaking
before January 1, 2020
(i)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)The
rulemaking shall not be limited to incandescent lamp technologies.
(iii)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 datesThe 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)
(A)
(i)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)The
Federal entity shall carefully consider the comments of the Secretary.
(B)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)
(A)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)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)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)) 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
(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
.
May 18, 2011
Reported with amendments