[Congressional Record Volume 155, Number 194 (Friday, December 18, 2009)]
[Senate]
[Page S13460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself, Mr. Corker, and Mr. Feingold):
  S. 2908. A bill to amend the Energy Policy and Conservation Act to 
require the Secretary of Energy to publish a final rule that 
establishes a uniform efficiency descriptor and accompanying test 
methods for covered water heaters, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. KOHL. Mr. President, I rise today to introduce a bill with 
Senator Corker that would establish a uniform energy efficiency 
descriptor for all water heaters and improve the testing methods by 
which that descriptor is determined. Currently, water heaters are 
lumped into two categories under two federal statutes, based on 
arbitrary gallon capacity and energy input ratings. ``Smaller'' water 
heaters are covered by the National Appliance Energy Conservation Act, 
NAECA, and must be rated using an energy factor or EF rating. 
``Larger'' water heaters are within the scope of the Energy Policy Act, 
EPACT, and must be rated using a thermal efficiency or TE rating. Not 
only do the testing methods differ, but a manufacturer is forbidden to 
place an EF rating on a TE-sized unit, and vice-versa.
  The difference between energy factor and thermal efficiency was based 
on the assumption that smaller units are exclusively for residential 
uses while larger units are exclusively for commercial purposes, so the 
competing rating methods would not cause any confusion or adverse 
effects. Due to advances in manufacturing technology over the past 15 
years, the assumptions underlying the earlier dividing line are no 
longer accurate. In fact, both larger and smaller units made by leading 
U.S. manufacturers are used in residences without regard to which 
Federal law applies. Yet, Federal legislation continues to be written 
by taking this distinction into account.
  This legislation would direct the Department of Energy, DOE, to work 
with industry stakeholders to develop a uniform energy efficiency 
descriptor that applies to all sizes of water heaters. It also would 
develop a test method to accurately determine that descriptor for all 
types of water heaters, including new, efficient, advanced 
technologies, like heat pump water heaters, hybrids, and others, that 
are not correctly rated under today's test methods.
  This bill, which has the support of the Air-Conditioning, Heating, 
and Refrigeration Institute, AHRI, and the American Council for an 
Energy-Efficient Economy, ACEEE, brings the DOE and affected industries 
together to focus on this effort. It is my hope that the water heating 
manufacturing community can develop and implement the new test method 
and descriptor that will eliminate confusion and enable consumers and 
business owners to make informed purchasing decisions on water heaters.
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