[Congressional Record Volume 156, Number 28 (Tuesday, March 2, 2010)]
[Senate]
[Pages S945-S954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WYDEN (for himself, Ms. Cantwell, Ms. Mikulski, Mr.
Cardin, Mr. Dodd, and Mr. Merkley):
S. 3056. A bill to amend the Energy Policy Act of 2005 to repeal a
section of that Act relating to exportation and importation of natural
gas; to the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, along with Senators Cantwell, Mikulski,
Cardin, Dodd, and Merkley, I am reintroducing legislation that will
repeal the authority granted to the Federal Energy Regulatory
Commission, FERC, in the Energy Policy Act of 2005 to site Liquified
Natural Gas, LNG, terminals. Prior to enactment of these changes,
[[Page S946]]
States, such as Oregon, had authority to site these large energy
facilities--a right that was preempted by the 2005 act. At the time, 45
Senators went on record saying that cutting State siting agencies out
of the LNG siting process was a bad idea.
As citizens and their public officials in my State and those of my
colleagues can attest, putting FERC in the driver's seat for LNG siting
has been a colossal mistake. Rather than address the critical
environmental and economic questions of whether these large,
potentially dangerous natural gas storage facilities are even needed or
whether energy supplies could be provided with less environmental
impact and risk, FERC has taken the attitude that it's not its job to
make such decisions. The result is the worst of all possible public
policy worlds where FERC refuses to address the tough questions and the
law limits the ability of our States to step where FERC fails.
Right now, in Oregon, we have three separate LNG projects. Two of
those have been approved by FERC over the objections of citizens and
State officials and one is still pending. Together, they would have a
combined capacity of 3.3 billion cubic feet, BCF, of gas per day. Yet,
the States of Oregon and Washington, together, only use 1.33 BCF per
day. Natural gas prices in North America have significantly declined
and supplies have increased since these projects were proposed. Yet,
FERC categorically refuses to address the basic question of whether the
three proposed facilities are even needed to serve our market. FERC
also refuses to consider whether any of the competing interstate
pipeline proposals to bring natural gas to Oregon from the Rocky
Mountains would be a better option. In fact, FERC asserts that it is
not its job to determine which, if any, of these proposals best serves
our market.
While the new chairman of FERC--Jon Wellinghoff--has been willing to
vote against LNG siting proposals, the truth is that FERC continues to
plow ahead with siting decisions that make no economic sense and which
endanger forest lands, farms, vineyards, and residential neighborhoods.
Given FERC's record, my colleagues and I believe that it is essential
that Congress restore the local and State role in these critical
decisions about where, and even whether, LNG facilities and the
pipelines that connect them are to be built.
The legislative language is identical to the bill I introduced in the
last Congress--S. 2822--and which garnered the support of a number of
my colleagues including then-Senator Barack Obama. That bill was needed
then, and it is needed now. I am going to be calling on the President
for his help in fixing this serious mistake.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3056
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXPORTATION OR IMPORTATION OF NATURAL GAS.
(a) In General.--Section 311 of the Energy Policy Act of
2005 (Public Law 109-58; 119 Stat. 685) is repealed.
(b) Application.--The Natural Gas Act (15 U.S.C. 717 et
seq.) shall be applied and administered as if section 311 of
the Energy Policy Act of 2005 (and the amendments made by the
section) had not been enacted.
______
By Mrs. BOXER:
S. 3057. A bill to provide to the Secretary of the Interior a
mechanism to cancel contracts for the sale of materials CA-20139 and
CA-22901, and for other purposes; to the Committee on Energy and
Natural Resources.
Mrs. BOXER. Mr. President, I am pleased to introduce the Soledad
Canyon High Desert, California Public Lands Conservation and Management
Act of 2010. This bill would resolve a twenty-year-old mining dispute
between the City of Santa Clarita and CEMEX USA, and have numerous
other benefits for communities in Los Angeles and San Bernardino
Counties, CA.
In 1990, the Bureau of Land Management awarded CEMEX two 10-year
consecutive contracts to extract 56 million tons of sand and gravel
from a site in Soledad Canyon. The City of Santa Clarita strongly
opposed CEMEX's expansion of mining in this area. After 2 decades of
conflict and nearly a decade of litigation, the two parties announced a
truce in early 2007, and started working out an agreement.
This legislation would implement the terms of that agreement. It
would require the Secretary of the Interior to cancel CEMEX's mining
contracts in Soledad Canyon and prohibit future mining at this site.
The BLM would sell lands near Victorville, CA, that are currently on
its disposal list, and would use the proceeds to compensate CEMEX for
the cancellation of its mining contracts. The City of Victorville and
County of San Bernardino would have the right of first refusal to
purchase many of these parcels, which would help satisfy their future
development needs. Some of these funds would also go towards the
purchase of environmentally-sensitive lands in Southern California.
My legislation would settle a twenty-year-old dispute to all parties'
satisfaction, complement future development plans in Southern
California, help secure important lands for conservation, and do all of
this without any cost to taxpayers. That is why it has already won the
support of a diverse group of interests, including the City of Santa
Clarita, CEMEX, the Santa Monica Mountains Conservancy, and the Sierra
Club.
I have worked with Representative Buck McKeon in introducing this
measure and look forward to working with my colleagues in the Senate to
secure its passage.
______
By Mr. BINGAMAN (for himself, Ms. Murkowski, and Mr. Menendez):
S. 3059. A bill to improve energy efficiency of appliances, lighting,
and buildings, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. BINGAMAN. Mr. President, I am pleased to join with the Ranking
Member of the Committee on Energy and Natural Resources, Lisa
Murkowski, in introducing the National Energy Efficiency Enhancement
Act of 2010. This legislation would implement several agreements that
have been negotiated between appliance manufacturers and energy
efficiency advocates to increase national energy efficiency standards
for a range of commercial products, strengthen our economy, create
jobs, and reduce carbon dioxide emissions.
The major energy consuming products that would have standards
established or enhanced by this legislation include furnaces, air
conditioners, street lights, and external power supplies. The bill
would also modify the Secretary of Energy's authority regarding
administration of the program. For example, there would be changes to
the criteria used by the Secretary when determining where to set a
standard, so as to include consideration of the impact of a proposed
standard on average energy prices and the impacts of smart grid
technology. A more detailed description section-by-section summary of
the bill is included at the end of these remarks.
Representatives from the energy efficiency community, such as the
American Council for an Energy Efficient Economy, ACEEE, the Alliance
to Save Energy, and the National Resources Defense Council, along with
industry representatives from the National Electric Manufacturers
Association, the Air Conditioning, Heating and Refrigeration Institute,
and the Association of Home Appliance Manufacturers and others, have
done a commendable job in working through very difficult and technical
issues to develop this remarkable consensus legislation. Their
successes were set forth in several agreements that have been included
in this bill. It is a testament to what can be achieved for the nation
when interests groups work together with a commitment to the common
good.
The savings from these new standards, if enacted, are estimated at
258 trillion Btu in 2020, and 677 trillion Btu in 2030. In addition,
greenhouse gas emissions are estimated to be reduced by 14.6 million
metric tons of CO2 in 2020, and 39 million metric tons in
2030. Other benefits of increased efficiency include consumer savings
due to lower energy costs and new jobs created by the use of consumer
savings for other purchases and investments.
This legislation demonstrates the continuing commitment of the Energy
[[Page S947]]
Committee to build on the bipartisan bill it reported last June--the
American Clean Energy Leadership Act of 2009, or ACELA. Title II of
ACELA directs the Energy Department to establish new energy efficiency
standards for portable lamps and commercial furnaces and would yield
estimated energy savings in 2030 of 551 trillion Btu, and carbon
dioxide emission reductions of 31.3 million metric tons. Combined, the
savings from these two bills would be 1228 trillion Btu and 70 million
metric tons in 2030. Note: all estimates by the American Council for an
Energy Efficient Economy.
The energy efficiency provisions of ACELA when combined with this new
legislation would substantially enhance one of the most powerful and
cost-effective tools the Federal Government has to strengthen our
economic and energy security.
The appliance standards program has been saving energy and money for
families, businesses, and government consumers for more than 20 years.
DOE currently administers standards for 35 products, and the American
Council for an Energy Efficient Economy estimates cumulative program
savings of 5.1 Quadrillion Btu through 2010. The ACEEE projects another
3 Quadrillion Btu of savings from current standards by 2020.
This program's savings in electricity are the most significant, with
an estimated reduction of nearly 16 percent in national electricity use
by 2020 below what would have been used without the program.
Greater energy efficiency strengthens our economy, enhances our
security, saves consumers money, creates jobs, and reduces greenhouse
gas pollution. No single program or policy is going to completely end
our nation's waste of energy or its carbon emissions, but increased
energy efficiency through cost-effective energy standards for
appliances and consumer products remains the single most-powerful tools
for meeting these goals.
I look forward to working with my colleagues in the Energy Committee,
in the Congress, and in the Administration to enact the National Energy
Efficiency Enhancement Act of 2010. It would be a major enhancement to
the energy savings anticipated from ACELA--more than doubling the
savings--and both bills should be a part of any comprehensive national
energy legislation.
Mr. President, I ask unanimous consent that the text of the bill and
a bill summary be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 3059
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Energy Efficiency
Enhancement Act of 2010''.
SEC. 2. ENERGY CONSERVATION STANDARDS.
(a) Definition of Energy Conservation Standard.--Section
321 of the Energy Policy and Conservation Act (42 U.S.C.
6291) is amended--
(1) by striking paragraph (6) and inserting the following:
``(6) Energy conservation standard.--
``(A) In general.--The term `energy conservation standard'
means 1 or more performance standards that--
``(i) for covered products (excluding clothes washers,
dishwashers, showerheads, faucets, water closets, and
urinals), prescribe a minimum level of energy efficiency or a
maximum quantity of energy use, determined in accordance with
test procedures prescribed under section 323;
``(ii) for showerheads, faucets, water closets, and
urinals, prescribe a minimum level of water efficiency or a
maximum quantity of water use, determined in accordance with
test procedures prescribed under section 323; and
``(iii) for clothes washers and dishwashers--
``(I) prescribe a minimum level of energy efficiency or a
maximum quantity of energy use, determined in accordance with
test procedures prescribed under section 323; and
``(II) may include a minimum level of water efficiency or a
maximum quantity of water use, determined in accordance with
those test procedures.
``(B) Inclusions.--The term `energy conservation standard'
includes--
``(i) 1 or more design requirements, if the requirements
were established--
``(I) on or before the date of enactment of this subclause;
``(II) as part of a direct final rule under section
325(p)(4); or
``(III) as part of a final rule pub1lished on or after
January 1, 2012; and
``(ii) any other requirements that the Secretary may
prescribe under section 325(r).
``(C) Exclusion.--The term `energy conservation standard'
does not include a performance standard for a component of a
finished covered product, unless regulation of the component
is specifically authorized or established pursuant to this
title.''; and
(2) by adding at the end the following:
``(66) EER.--The term `EER' means energy efficiency ratio.
``(67) HSPF.--The term `HSPF' means heating seasonal
performance factor.''.
(b) EER and HSPF Test Procedures.--Section 323(b) of the
Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is
amended by adding at the end the following:
``(19) EER and hspf test procedures.--
``(A) In general.--Subject to subparagraph (B), for
purposes of residential central air conditioner and heat pump
standards that take effect on or before January 1, 2015--
``(i) the EER shall be tested at an outdoor test
temperature of 95 degrees Fahrenheit; and
``(ii) the HSPF shall be calculated based on Region IV
conditions.
``(B) Revisions.--The Secretary may revise the EER outdoor
test temperature and the conditions for HSPF calculations as
part of any rulemaking to revise the central air conditioner
and heat pump test method.''.
(c) Central Air Conditioners and Heat Pumps.--Section
325(d) of the Energy Policy and Conservation Act (42 U.S.C.
6295(d)) is amended by adding at the end the following:
``(4) Central air conditioners and heat pumps (except
through-the-wall central air conditioners, through-the-wall
central air conditioning heat pumps, and small duct, high
velocity systems) manufactured on or after january 1, 2015.--
``(A) Base national standards.--
``(i) Seasonal energy efficiency ratio.--The seasonal
energy efficiency ratio of central air conditioners and
central air conditioning heat pumps manufactured on or after
January 1, 2015, shall not be less than the following:
``(I) Split Systems: 13 for central air conditioners and 14
for heat pumps.
``(II) Single Package Systems: 14.
``(ii) Heating seasonal performance factor.--The heating
seasonal performance factor of central air conditioning heat
pumps manufactured on or after January 1, 2015, shall not be
less than the following:
``(I) Split Systems: 8.2.
``(II) Single Package Systems: 8.0.
``(B) Regional standards.--
``(i) Seasonal energy efficiency ratio.--The seasonal
energy efficiency ratio of central air conditioners and
central air conditioning heat pumps manufactured on or after
January 1, 2015, and installed in States having historical
average annual, population weighted, heating degree days less
than 5,000 (specifically the States of Alabama, Arizona,
Arkansas, California, Delaware, Florida, Georgia, Hawaii,
Kentucky, Louisiana, Maryland, Mississippi, Nevada, New
Mexico, North Carolina, Oklahoma, South Carolina, Tennessee,
Texas, and Virginia) or in the District of Columbia, the
Commonwealth of Puerto Rico, or any other territory or
possession of the United States shall not be less than the
following:
``(I) Split Systems: 14 for central air conditioners and 14
for heat pumps.
``(II) Single Package Systems: 14.
``(ii) Energy efficiency ratio.--The energy efficiency
ratio of central air conditioners (not including heat pumps)
manufactured on or after January 1, 2015, and installed in
the State of Arizona, California, New Mexico, or Nevada shall
be not less than the following:
``(I) Split Systems: 12.2 for split systems having a rated
cooling capacity less than 45,000 BTU per hour and 11.7 for
products having a rated cooling capacity equal to or greater
than 45,000 BTU per hour.
``(II) Single Package Systems: 11.0.
``(iii) Application of subsection (o)(6).--Subsection
(o)(6) shall apply to the regional standards set forth in
this subparagraph.
``(C) Amendment of standards.--
``(i) In general.--Not later than January 1, 2017, the
Secretary shall publish a final rule to determine whether the
standards in effect for central air conditioners and central
air conditioning heat pumps should be amended.
``(ii) Application.--The rule shall provide that any
amendments shall apply to products manufactured on or after
January 1, 2022.
``(D) Consideration of additional performance standards or
efficiency criteria.--
``(i) Forum.--Not later than 4 years in advance of the
expected publication date of a final rule for central air
conditioners and heat pumps under subparagraph (C), the
Secretary shall convene and facilitate a forum for interested
persons that are fairly representative of relevant points of
view (including representatives of manufacturers of the
covered product, States, and efficiency advocates), as
determined by the Secretary, to consider adding additional
performance standards or efficiency criteria in the
forthcoming rule.
``(ii) Recommendation.--If, within 1 year of the initial
convening of such a forum, the Secretary receives a
recommendation submitted jointly by such representative
interested persons to add 1 or more performance standards or
efficiency criteria, the Secretary shall incorporate the
performance standards or efficiency criteria in the
rulemaking process, and, if justified under the criteria
established in this section, incorporate such performance
standards or efficiency criteria in the revised standard.
[[Page S948]]
``(iii) No recommendation.--If no such joint recommendation
is made within 1 year of the initial convening of such a
forum, the Secretary may add additional performance standards
or efficiency criteria if the Secretary finds that the
benefits substantially exceed the burdens of the action.
``(E) New construction levels.--
``(i) In general.--As part of any final rule concerning
central air conditioner and heat pump standards published
after June 1, 2013, the Secretary shall determine if the
building code levels specified in section 327(f)(3)(C) should
be amended subject to meeting the criteria of subsection (o)
when applied specifically to new construction.
``(ii) Effective date.--Any amended levels shall not take
effect before January 1, 2018.
``(iii) Amended levels.--The final rule shall contain the
amended levels, if any.''.
(d) Through-the-Wall Central Air Conditioners, Through-the-
Wall Central Air Conditioning Heat Pumps, and Small Duct,
High Velocity Systems.--Section 325(d) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(d)) (as amended by
subsection (c)) is amended by adding at the end the
following:
``(5) Standards for through-the-wall central air
conditioners, through-the-wall central air conditioning heat
pumps, and small duct, high velocity systems.--
``(A) Definitions.--In this paragraph:
``(i) Small duct, high velocity system.--The term `small
duct, high velocity system' means a heating and cooling
product that contains a blower and indoor coil combination
that--
``(I) is designed for, and produces, at least 1.2 inches of
external static pressure when operated at the certified air
volume rate of 220-350 CFM per rated ton of cooling; and
``(II) when applied in the field, uses high velocity room
outlets generally greater than 1,000 fpm that have less than
6.0 square inches of free area.
``(ii) Through-the-wall central air conditioner; through-
the-wall central air conditioning heat pump.--The terms
`through-the-wall central air conditioner' and `through-the-
wall central air conditioning heat pump' mean a central air
conditioner or heat pump, respectively, that is designed to
be installed totally or partially within a fixed-size opening
in an exterior wall, and--
``(I) is not weatherized;
``(II) is clearly and permanently marked for installation
only through an exterior wall;
``(III) has a rated cooling capacity no greater than 30,000
Btu/hr;
``(IV) exchanges all of its outdoor air across a single
surface of the equipment cabinet; and
``(V) has a combined outdoor air exchange area of less than
800 square inches (split systems) or less than 1,210 square
inches (single packaged systems) as measured on the surface
area described in subclause (IV).
``(iii) Revision.--The Secretary may revise the definitions
contained in this subparagraph through publication of a final
rule.
``(B) Rulemaking.--
``(i) In general.--Not later than June 30, 2011, the
Secretary shall publish a final rule to determine whether
standards for through-the-wall central air conditioners,
through-the-wall central air conditioning heat pumps and
small duct, high velocity systems should be established or
amended.
``(ii) Application.--The rule shall provide that any new or
amended standard shall apply to products manufactured on or
after June 30, 2016.''.
(e) Furnaces.--Section 325(f) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(f)) is amended by adding at
the end the following:
``(5) Non-weatherized furnaces (including mobile home
furnaces, but not including boilers) manufactured on or after
may 1, 2013, and weatherized furnaces manufactured on or
after january 1, 2015.--
``(A) Base national standards.--
``(i) Non-weatherized furnaces.--The annual fuel
utilization efficiency of non-weatherized furnaces
manufactured on or after May 1, 2013, shall be not less than
the following:
``(I) Gas furnaces: 80 percent.
``(II) Oil furnaces: 83 percent.
``(ii) Weatherized furnaces.--The annual fuel utilization
efficiency of weatherized gas furnaces manufactured on or
after January 1, 2015 shall be not less than 81 percent.
``(B) Regional standard.--
``(i) Annual fuel utilization efficiency.--The 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 5000
(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) shall be
not less than 90 percent.
``(ii) Application of subsection (o)(6).--Subsection (o)(6)
shall apply to the regional standard set forth in this
subparagraph.
``(C) Amendment of standards.--
``(i) Non-weatherized furnaces.--
``(I) In general.--Not later than January 1, 2014, the
Secretary shall publish a final rule to determine whether the
standards in effect for non-weatherized furnaces should be
amended.
``(II) Application.--The rule shall provide that any
amendments shall apply to products manufactured on or after
January 1, 2019.
``(ii) Weatherized furnaces.--
``(I) In general.--Not later than January 1, 2017, the
Secretary shall publish a final rule to determine whether the
standard in effect for weatherized furnaces should be
amended.
``(II) Application.--The rule shall provide that any
amendments shall apply to products manufactured on or after
January 1, 2022.
``(D) New construction levels.--
``(i) In general.--As part of any final rule concerning
furnace standards published after June 1, 2013, the Secretary
shall determine if the building code levels specified in
section 327(f)(3)(C) should be amended subject to meeting the
criteria of subsection (o) when applied specifically to new
construction.
``(ii) Effective date.--Any amended levels shall not take
effect before January 1, 2018.
``(iii) Amended levels.--The final rule shall contain the
amended levels, if any.''.
(f) Exception for Certain Building Code Requirements.--
Section 327(f) of the Energy Policy and Conservation Act (42
U.S.C. 6297(f)) is amended--
(1) in paragraph (3), by striking subparagraphs (B) through
(F) and inserting the following:
``(B) The code does not contain a mandatory requirement
that, under all code compliance paths, requires that the
covered product have an energy efficiency exceeding 1 of the
following levels:
``(i) The applicable energy conservation standard
established in or prescribed under section 325.
``(ii) The level required by a regulation of the State for
which the Secretary has issued a rule granting a waiver under
subsection (d).
``(C) If the energy consumption or conservation objective
in the code is determined using covered products, including
any baseline building designs against which all submitted
building designs are to be evaluated, the objective is based
on the use of covered products having efficiencies not
exceeding--
``(i) for residential furnaces, central air conditioners,
and heat pumps, effective not earlier than January 1, 2013
and until such time as a level takes effect for the product
under clause (ii)--
``(I) for the States described in section 325(d)(5)(B)(i)--
``(aa) 92 percent AFUE for gas furnaces; and
``(bb) 14 SEER for central air conditioners (not including
heat pumps);
``(II) for the States and other localities described in
section 325(d)(4)(B)(i) (except for the States of Arizona,
California, Nevada, and New Mexico)--
``(aa) 90 percent AFUE for gas furnaces; and
``(bb) 15 SEER for central air conditioners;
``(III) for the States of Arizona, California, Nevada, and
New Mexico--
``(aa) 92 percent AFUE for gas furnaces;
``(bb) 15 SEER for central air conditioners;
``(cc) an EER of 12.5 for air conditioners (not including
heat pumps) with cooling capacity less than 45,000 Btu per
hour; and
``(dd) an EER of 12.0 for air conditioners (not including
heat pumps) with cooling capacity of 45,000 Btu per hour or
more; and
``(IV) for all States--
``(aa) 85 percent AFUE for oil furnaces; and
``(bb) 15 SEER and 8.5 HSPF for heat pumps;
``(ii) the building code levels established pursuant to
section 325; or
``(iii) the applicable standards or levels specified in
subparagraph (B).
``(D) The credit to the energy consumption or conservation
objective allowed by the code for installing a covered
product having an energy efficiency exceeding the applicable
standard or level specified in subparagraph (C) is on a 1-
for-1 equivalent energy use or equivalent energy cost basis,
which may take into account the typical lifetimes of the
products and building features, using lifetimes for covered
products based on information published by the Department of
Energy or the American Society of Heating, Refrigerating and
Air-Conditioning Engineers.
``(E) If the code sets forth 1 or more combinations of
items that meet the energy consumption or conservation
objective, and if 1 or more combinations specify an
efficiency level for a covered product that exceeds the
applicable standards and levels specified in subparagraph
(B)--
``(i) there is at least 1 combination that includes such
covered products having efficiencies not exceeding 1 of the
standards or levels specified in subparagraph (B); and
``(ii) if 1 or more combinations of items specify an
efficiency level for a furnace, central air conditioner, or
heat pump that exceeds the applicable standards and levels
specified in subparagraph (B), there is at least 1
combination that the State has found to be reasonably
achievable using commercially available technologies that
includes such products having efficiencies at the applicable
levels specified in subparagraph (C), except that no
combination need include a product having an efficiency less
than the level specified in subparagraph (B)(ii).
``(F) The energy consumption or conservation objective is
specified in terms of an estimated total consumption of
energy (which
[[Page S949]]
may be specified in units of energy or its equivalent
cost).'';
(2) in paragraph (4)(B)--
(A) by inserting after ``building code'' the first place it
appears the following: ``contains a mandatory requirement
that, under all code compliance paths,''; and
(B) by striking ``unless the'' and all that follows through
``subsection (d)''; and
(3) by adding at the end the following:
``(5) Replacement of covered product.--Paragraph (3) shall
not apply to the replacement of a covered product serving an
existing building unless the replacement results in an
increase in capacity greater than--
``(A) 12,000 Btu per hour for residential air conditioners
and heat pumps; or
``(B) 20 percent for other covered products.''.
SEC. 3. ENERGY CONSERVATION STANDARDS FOR HEAT PUMP POOL
HEATERS.
(a) Definitions.--
(1) Efficiency descriptor.--Section 321(22) of the Energy
Policy and Conservation Act (42 U.S.C. 6291(22)) is amended--
(A) in subparagraph (E), by inserting ``gas-fired'' before
``pool heaters''; and
(B) by adding at the end the following:
``(F) For heat pump pool heaters, coefficient of
performance of heat pump pool heaters.''.
(2) Coefficient of performance of heat pump pool heaters.--
Section 321 of the Energy Policy and Conservation Act (42
U.S.C. 6291)) is amended by inserting after paragraph (25)
the following:
``(25A) Coefficient of performance of heat pump pool
heaters.--The term `coefficient of performance of heat pump
pool heaters' means the ratio of the capacity to power input
value obtained at the following rating conditions: 50.0F db/
44.2F wb outdoor air and 80.0F entering water temperatures,
according to AHRI Standard 1160.''.
(3) Thermal efficiency of gas-fired pool heaters.--Section
321(26) of the Energy Policy and Conservation Act (42 U.S.C.
6291(26)) by inserting ``gas-fired'' before ``pool heaters''.
(b) Standards for Pool Heaters.--Section 325(e)(2) of the
Energy Policy and Conservation Act (42 U.S.C. 6295(e)(2)) is
amended--
(1) by striking ``(2) The thermal efficiency of pool
heaters'' and inserting the following:
``(2) Pool heaters.--
``(A) Gas-fired pool heaters.--The thermal efficiency of
gas-fired pool heaters''; and
(2) by adding at the end the following:
``(B) Heat pump pool heaters.--Heat pump pool heaters
manufactured on or after the date of enactment of this
subparagraph shall have a minimum coefficient of performance
of 4.0.''.
SEC. 4. EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER
SUPPLIES.
Section 325(u)(3) of the Energy Policy and Conservation Act
(42 U.S.C. 6295(u)(3)) is amended--
(1) in subparagraph (A), by striking ``(D)'' and inserting
``(E)''; and
(2) by adding at the end the following:
``(E) Nonapplication of no-load mode energy efficiency
standards to external power supplies for certain security or
life safety alarms or surveillance systems.--
``(i) Definition of security or life safety alarm or
surveillance system.--In this subparagraph:
``(I) In general.--The term `security or life safety alarm
or surveillance system' means equipment designed and marketed
to perform any of the following functions (on a continuous
basis):
``(aa) Monitor, detect, record, or provide notification of
intrusion or access to real property or physical assets or
notification of threats to life safety.
``(bb) Deter or control access to real property or physical
assets, or prevent the unauthorized removal of physical
assets.
``(cc) Monitor, detect, record, or provide notification of
fire, gas, smoke, flooding, or other physical threats to real
property, physical assets, or life safety.
``(II) Exclusion.--The term `security or life safety alarm
or surveillance system' does not include any product with a
principal function other than life safety, security, or
surveillance that--
``(aa) is designed and marketed with a built-in alarm or
theft-deterrent feature; or
``(bb) does not operate necessarily and continuously in
active mode.
``(ii) Nonapplication of no-load mode requirements.--The
No-Load Mode energy efficiency standards established by this
paragraph shall not apply to an external power supply
manufactured before July 1, 2017, that--
``(I) is an AC-to-AC external power supply;
``(II) has a nameplate output of 20 watts or more;
``(III) is certified to the Secretary as being designed to
be connected to a security or life safety alarm or
surveillance system component; and
``(IV) on establishment within the External Power Supply
International Efficiency Marking Protocol, as referenced in
the `Energy Star Program Requirements for Single Voltage
External Ac-Dc and Ac-Ac Power Supplies', published by the
Environmental Protection Agency, of a distinguishing mark for
products described in this clause, is permanently marked with
the distinguishing mark.
``(iii) Administration.--In carrying out this subparagraph,
the Secretary shall--
``(I) require, with appropriate safeguard for the
protection of confidential business information, the
submission of unit shipment data on an annual basis; and
``(II) restrict the eligibility of external power supplies
for the exemption provided under this subparagraph on a
finding that a substantial number of the external power
supplies are being marketed to or installed in applications
other than security or life safety alarm or surveillance
systems.''.
SEC. 5. PROHIBITED ACTS.
Section 332(a) of the Energy Policy and Conservation Act
(42 U.S.C. 6302(a)) is amended--
(1) in paragraphs (1) and (5), by striking ``for any
manufacturer or private labeler to distribute'' each place it
appears and inserting ``for any manufacturer (or
representative of a manufacturer), distributor, retailer, or
private labeler to offer for sale or distribute'';
(2) by redesignating paragraph (6) (as added by section
321(e)(3) of Public Law 110-140 (121 Stat. 1586)) as
paragraph (7); and
(3) in paragraph (7) (as so redesignated), 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''.
SEC. 6. OUTDOOR LIGHTING.
(a) Definitions.--
(1) Covered equipment.--Section 340(1) of the Energy Policy
and Conservation Act (42 U.S.C. 6311(1)) is amended--
(A) by redesignating subparagraph (L) as subparagraph (O);
and
(B) by inserting after subparagraph (K) the following:
``(L) Pole-mounted outdoor luminaires.
``(M) High light output double-ended quartz halogen lamps.
``(N) General purpose mercury vapor lamps.''.
(2) Industrial equipment.--Section 340(2)(B) of the Energy
Policy and Conservation Act (42 U.S.C. 6311(2)(B)) is
amended--
(A) by striking ``and'' before ``unfired hot water''; and
(B) by inserting after ``tanks'' the following: ``, pole-
mounted outdoor luminaires, high light output double-ended
quartz halogen lamps, and general purpose mercury vapor
lamps''.
(3) New definitions.--Section 340 of the Energy Policy and
Conservation Act (42 U.S.C. 6311) is amended by adding at the
end the following:
``(24) Area luminaire.--The term `area luminaire' means a
luminaire intended for lighting parking lots and general
areas that--
``(A) is designed to mount on a pole using an arm, pendant,
or vertical tenon;
``(B) has an opaque top or sides, but may contain a
transmissive ornamental element;
``(C) has an optical aperture that is open or enclosed with
a flat, sag, or drop lens;
``(D) is mounted in a fixed position with the optical
aperture near horizontal, or tilted up; and
``(E) has photometric output measured using Type C
photometry per IESNA LM-75-01.
``(25) Decorative posttop luminaire.--The term `decorative
posttop luminaire' means a luminaire with--
``(A) open or transmissive sides that is designed to be
mounted directly over a pole using a vertical tenon or by
fitting the luminaire directly into the pole; and
``(B) photometric output measured using Type C photometry
per IESNA LM-75-01.
``(26) Dusk-to-dawn luminaire.--The term `dusk-to-dawn
luminaire' means a fluorescent, induction, or high intensity
discharge luminaire that--
``(A) is designed to be mounted on a horizontal or
horizontally slanted tenon or arm;
``(B) has an optical assembly that is coaxial with the axis
of symmetry of the light source;
``(C) has an optical assembly that is--
``(i) a reflector or lamp enclosure that surrounds the
light source with an open lower aperture; or
``(ii) a refractive optical assembly surrounding the light
source with an open or closed lower aperture;
``(D) contains a receptacle for a photocontrol that enables
the operation of the light source and is either coaxial with
both the axis of symmetry of the light source and the optical
assembly or offset toward the mounting bracket by less than 3
inches, or contains an integral photocontrol; and
``(E) has photometric output measured using Type C
photometry per IESNA LM-75-01.
``(27) Floodlight luminaire.--The term `floodlight
luminaire' means an outdoor luminaire designed with a yoke,
knuckle, or other mechanism allowing the luminaire to be
aimed 40 degrees or more with its photometric distributions
established with only Type B photometry in accordance with
IESNA LM-75, revised 2001.
``(28) General purpose mercury vapor lamp.--The term
`general purpose mercury vapor lamp' means a mercury vapor
lamp (as defined in section 321) that--
``(A) has a screw base;
``(B) is designed for use in general lighting applications
(as defined in section 321);
``(C) is not a specialty application mercury vapor lamp;
and
``(D) is designed to operate on a mercury vapor lamp
ballast (as defined in section 321) or is a self- ballasted
lamp.
[[Page S950]]
``(29) High light output double-ended quartz halogen
lamp.--The term `high light output double-ended quartz
halogen lamp' means a lamp that--
``(A) is designed for general outdoor lighting purposes;
``(B) contains a tungsten filament;
``(C) has a rated initial lumen value of greater than 6,000
and less than 40,000 lumens;
``(D) has at each end a recessed single contact, R7s base;
``(E) has a maximum overall length (MOL) between 4 and 11
inches;
``(F) has a nominal diameter less than \3/4\ inch (T6);
``(G) is designed to be operated at a voltage not less than
110 volts and not greater than 200 volts or is designed to be
operated at a voltage between 235 volts and 300 volts;
``(H) is not a tubular quartz infrared heat lamp; and
``(I) is not a lamp marked and marketed as a Stage and
Studio lamp with a rated life of 500 hours or less.
``(30) Mean rated lamp lumens.--The term `mean rated lamp
lumens' means the rated lumens at--
``(A) 40 percent of rated lamp life for metal halide,
induction, and fluorescent lamps; or
``(B) 50 percent of rated lamp life for high pressure
sodium lamps.
``(31) Outdoor luminaire.--The term `outdoor luminaire'
means a luminaire that--
``(A) is intended for outdoor use and suitable for wet
locations; and
``(B) may be shipped with or without a lamp.
``(32) Pole-mounted outdoor luminaire.--
``(A) In general.--The term `pole-mounted outdoor
luminaire' means an outdoor luminaire that is designed to be
mounted on an outdoor pole and is--
``(i) an area luminaire;
``(ii) a roadway and highmast luminaire;
``(iii) a decorative posttop luminaire; or
``(iv) a dusk-to-dawn luminaire.
``(B) Exclusions.--The term `pole-mounted outdoor
luminaire' does not include--
``(i) a portable luminaire designed for use at construction
sites;
``(ii) a luminaire designed to be used in emergency
conditions that--
``(I) incorporates a means of storing energy and a device
to switch the stored energy supply to emergency lighting
loads automatically on failure of the normal power supply;
and
``(II) is listed and labeled as Emergency Lighting
Equipment;
``(iii) a decorative gas lighting system;
``(iv) a luminaire designed explicitly for lighting for
theatrical purposes, including performance, stage, film
production, and video production;
``(v) a luminaire designed as theme elements in theme or
amusement parks and that cannot be used in most general
lighting applications;
``(vi) a luminaire designed explicitly for hazardous
locations meeting the requirements of Underwriters
Laboratories Standard 844-2006, `Luminaires for Use in
Hazardous (Classified) Locations';
``(vii) a residential pole-mounted luminaire that is not
rated for commercial use utilizing 1 or more lamps meeting
the energy conservation standards established under section
325(i) and mounted on a post or pole not taller than 10.5
feet above ground and not rated for a power draw of more than
145 watts;
``(viii) a floodlight luminaire;
``(ix) an outdoor luminaire designed for sports and
recreational area use in accordance with IESNA RP-6 and
utilizing an 875 watt or greater metal halide lamp;
``(x) a decorative posttop luminaire designed for using
high intensity discharge lamps with total lamp wattage of 150
or less, or designed for using other lamp types with total
lamp wattage of 50 watts or less;
``(xi) an area luminaire, roadway and highmast luminaire,
or dusk-to-dawn luminaire designed for using high intensity
discharge lamps or pin-based compact fluorescent lamps with
total lamp wattage of 100 or less, or other lamp types with
total lamp wattage of 50 watts or less; and
``(xii) an area luminaire, roadway and highmast luminaire,
or dusk-to-dawn luminaire with a backlight rating less than 2
and with the maximum of the uplight or glare rating 3 or
less.
``(33) Roadway and highmast luminaire.--The term `roadway
and highmast luminaire' means a luminaire intended for
lighting streets and roadways that--
``(A) is designed to mount on a pole by clamping onto the
exterior of a horizontal or horizontally slanted, circular
cross-section pipe tenon;
``(B) has opaque tops or sides;
``(C) has an optical aperture that is open or enclosed with
a flat, sag or drop lens;
``(D) is mounted in a fixed position with the optical
aperture near horizontal, or tilted up; and
``(E) has photometric output measured using Type C
photometry per IESNA LM-75-01.
``(34) Specialty application mercury vapor lamp.--The term
`specialty application mercury vapor lamp' means a mercury
vapor lamp (as defined in section 321) that is--
``(A) designed only to operate on a specialty application
mercury vapor lamp ballast (as defined in section 321); and
``(B) is marked and marketed for specialty applications
only.
``(35) Target efficacy rating.--The term `target efficacy
rating' means a measure of luminous efficacy of a luminaire
(as defined in NEMA LE-6-2009).
``(36) Tubular quartz infrared heat lamp.--The term
`tubular quartz infrared heat lamp' means a double-ended
quartz halogen lamp that--
``(A) is marked and marketed as an infrared heat lamp; and
``(B) radiates predominately in the infrared radiation
range and in which the visible radiation is not of principal
interest.''.
(b) Standards.--Section 342 of the Energy Policy and
Conservation Act (42 U.S.C. 6313) is amended by adding at the
end the following:
``(g) Pole-Mounted Outdoor Luminaires.--
``(1) Target efficacy rating, lumen maintenance and power
factor requirements.--
``(A) Definition of maximum of uplight or glare rating.--In
this paragraph, the term `maximum of uplight or glare rating'
means, for any specific outdoor luminaire, the higher of the
uplight rating or glare rating of the luminaire.
``(B) Requirements.--Each pole-mounted outdoor luminaire
manufactured on or after the date that is 3 years after the
date of enactment of this subsection shall--
``(i) meet or exceed the target efficacy ratings in the
following table when tested at full system input watts:
``Area, Roadway or Highmast luminaires
------------------------------------------------------------------------
Maximum of Uplight or Glare rating
------------------------------------------------------------------------
Backlight Rating 0 or 1 2 or 3 4 or 5
------------------------------------------------------------------------
0 or 1 38 38 38
2 or 3 38 38 42
4 or 5 38 42 43
------------------------------------------------------------------------
``Decorative Posttop or Dusk-to-Dawn luminaires
------------------------------------------------------------------------
Maximum of Uplight or Glare rating
------------------------------------------------------------------------
Backlight Rating 0 or 1 2 or 3 4 or 5
------------------------------------------------------------------------
0 or 1 25 25 25
2 or 3 25 25 28
4 or 5 25 28 28;
------------------------------------------------------------------------
``(ii) use lamps that have a minimum of 0.6 lumen
maintenance, as determined in accordance with IESNA LM-80 for
Solid State Lighting sources or calculated as mean rated lamp
lumens divided by initial rated lamp lumens for other light
sources; and
``(iii) have a power factor equal to or greater than 0.9 at
ballast full power, except in the case of pole-mounted
outdoor luminaires designed for using high intensity
discharge lamps with a total rated lamp wattage of 150 watts
or less, which shall have no power factor requirement.
``(2) Control requirements.--
``(A) In general.--Except as provided in subparagraph (B),
each area luminaire manufactured on or after the date that is
3 years after the date of enactment of this subsection shall
be sold--
``(i) with integral controls that shall have the capability
of operating the luminaire at full power and a minimum of 1
reduced power level plus off, in which case the power
reduction shall be at least 30 percent of the rated lamp
power; or
[[Page S951]]
``(ii) with internal electronics and connective wiring or
hardware (including wire leads, pigtails, inserts for wires,
pin bases, or the equivalent) that--
``(I) collectively enable the area luminaire, if properly
connected to an appropriate control system, to operate at
full power and a minimum of 1 reduced power level plus off,
in which case the reduced power level shall be at least 30
percent lower than the rated lamp power in response to
signals sent by controls not integral to the luminaire as
sold, that may be connected in the field; and
``(II) have connections from the components that are easily
accessible in the luminaire housing and have instructions
applicable to appropriate control system connections that are
included with the luminaire.
``(B) Nonapplication.--The control requirements of this
paragraph shall not apply to--
``(i) pole-mounted outdoor luminaires utilizing probe-start
metal halide lamps with rated lamp power greater than 500
watts operating in non-base-up positions; or
``(ii) pole-mounted outdoor luminaires utilizing induction
lamps.
``(C) Integral photosensors.--Each pole-mounted outdoor
luminaire sold with an integral photosensor shall use an
electronic-type photocell.
``(3) Rulemaking commencing not later than 60 days after
the date of enactment.--
``(A) In general.--Not later than 60 days after the date of
enactment of this subsection, the Secretary shall initiate a
rulemaking procedure to determine whether the standards in
effect for pole-mounted outdoor luminaires should be amended.
``(B) Final rule.--
``(i) Publication.--The Secretary shall publish a final
rule containing the amendments, if any, not later than
January 1, 2013, or the date that is 33 months after the date
of enactment of this subsection, whichever is later.
``(ii) Application.--Any amendments shall apply to products
manufactured on or after January 1, 2016, or the date that is
3 years after the final rule is published in the Federal
Register, whichever is later.
``(C) Review.--
``(i) In general.--As part of the rulemaking required under
this paragraph, the Secretary shall review and may amend the
definitions, exclusions, test procedures, power factor
standards, lumen maintenance requirements, labeling
requirements, and additional control requirements, including
dimming functionality, for all pole-mounted outdoor
luminaires.
``(ii) Factors.--The review of the Secretary shall include
consideration of--
``(I) obstacles to compliance and whether compliance is
evaded by substitution of nonregulated luminaires for
regulated luminaires or allowing luminaires to comply with
the standards established under this part based on use of
non-standard lamps, as provided for in section
343(a)(10)(D)(i)(II);
``(II) statistical data relating to pole-mounted outdoor
luminaires that--
``(aa) the Secretary shall request not later than 120 days
after the date of enactment of this subsection from all
identifiable manufacturers of pole-mounted outdoor
luminaires, directly from manufacturers of pole-mounted
outdoor luminaires or, in the case of members of the National
Electrical Manufacturers Association, from the National
Electrical Manufacturers Association;
``(bb) is considered necessary for the rulemaking; and
``(cc) shall be made publicly available in a manner that
does not reveal manufacturer identity or confidential
business information, in a timely manner for discussion at
any public proceeding at which comment is solicited from the
public in connection with the rulemaking, except that nothing
in this subclause restricts the Secretary from seeking
additional information during the course of the rulemaking;
and
``(III) phased-in effective dates for different types of
pole-mounted outdoor luminaires that are submitted to the
Secretary in the manner provided for in section 325(p)(4),
except that the phased-in effective dates shall not be
subject to subparagraphs (A) and (B) of this paragraph.
``(4) Rulemaking before february 1, 2015.--
``(A) In general.--Not later than February 1, 2015, the
Secretary shall initiate a rulemaking procedure to determine
whether the standards in effect for pole-mounted outdoor
luminaires should be amended.
``(B) Final rule.--
``(i) Publication.--The Secretary shall publish a final
rule containing the amendments, if any, not later than
January 1, 2018.
``(ii) Application.--Any amendments shall apply to products
manufactured on or after January 1, 2021.
``(C) Review.--
``(i) In general.--As part of the rulemaking required under
this paragraph, the Secretary shall review and may amend the
definitions, exclusions, test procedures, power factor
standards, lumen maintenance requirements, labeling
requirements, and additional control requirements, including
dimming functionality, for all pole-mounted outdoor
luminaires.
``(ii) Factors.--The review of the Secretary shall include
consideration of--
``(I) obstacles to compliance and whether compliance is
evaded by substitution of nonregulated luminaires for
regulated luminaires or allowing luminaires to comply with
the standards established under this part based on use of
nonstandard lamps, as provided for in section
343(a)(10)(D)(i)(II);
``(II) statistical data relating to pole-mounted outdoor
luminaires that--
``(aa) the Secretary considers necessary for the rulemaking
and requests not later than June 1, 2015, from all
identifiable manufacturers of pole-mounted outdoor
luminaires, directly from manufacturers of pole-mounted
outdoor luminaires and, in the case of members of the
National Electrical Manufacturers Association, from the
National Electrical Manufacturers Association; and
``(bb) shall be made publicly available in a manner that
does not reveal manufacturer identity or confidential
business information, in a timely manner for discussion at
any public proceeding at which comment is solicited from the
public in connection with the rulemaking, except that nothing
in this subclause restricts the Secretary from seeking
additional information during the course of the rulemaking;
and
``(III) phased-in effective dates for different types of
pole-mounted outdoor luminaires that are submitted to the
Secretary in the manner provided for in section 325(p)(4),
except that the phased-in effective dates shall not be
subject to subparagraphs (A) and (B) of this paragraph.
``(h) High Light Output Double-Ended Quartz Halogen
Lamps.--A high light output double-ended quartz halogen lamp
manufactured on or after January 1, 2016, shall have a
minimum efficiency of--
``(1) 27 LPW for lamps with a minimum rated initial lumen
value greater than 6,000 and a maximum initial lumen value of
15,000; and
``(2) 34 LPW for lamps with a rated initial lumen value
greater than 15,000 and less than 40,000.
``(i) General Purpose Mercury Vapor Lamps.--A general
purpose mercury vapor lamp shall not be manufactured on or
after January 1, 2016.''.
(c) Test Methods.--Section 343(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6314(a)) is amended by adding at
the end the following:
``(10) Pole-mounted outdoor luminaires.--
``(A) In general.--With respect to pole-mounted outdoor
luminaires to which standards are applicable under section
342, the test methods shall be those described in this
paragraph.
``(B) Photometric test methods.--For photometric test
methods, the methods shall be those specified in--
``(i) IES LM-10-96--Approved Method for Photometric Testing
of Outdoor Fluorescent Luminaires;
``(ii) IES LM-31-95--Photometric Testing of Roadway
Luminaires Using Incandescent Filament and High Intensity
Discharge Lamps;
``(iii) IES LM-79-08--Electrical and Photometric
Measurements of Solid-State Lighting Products;
``(iv) IES LM-80-08--Measuring Lumen Maintenance of LED
Light Sources;
``(v) IES LM-40-01--Life testing of Fluorescent Lamps;
``(vi) IES LM-47-01--Life testing of High Intensity
Discharge (HID) Lamps;
``(vii) IES LM-49-01--Life testing of Incandescent Filament
Lamps;
``(viii) IES LM-60-01--Life testing of Low Pressure Sodium
Lamps; and
``(ix) IES LM-65-01--Life testing of Compact Fluorescent
Lamps.
``(C) Outdoor backlight, uplight, and glare ratings.--For
determining outdoor backlight, uplight, and glare ratings,
the classifications shall be those specified in IES TM-15-07
- Luminaire Classification System for Outdoor Luminaires with
Addendum A.
``(D) Target efficacy rating.--For determining the target
efficacy rating, the procedures shall be those specified in
NEMA LE-6-2009 - `Procedure for Determining Target Efficacy
Ratings (TER) for Commercial, Industrial and Residential
Luminaires,' and all of the following additional criteria (as
applicable):
``(i) The target efficacy rating shall be calculated based
on the initial rated lamp lumen and rated watt value
equivalent to the lamp with which the luminaire is shipped,
or, if not shipped with a lamp, the target efficacy rating
shall be calculated based on--
``(I) the applicable standard lamp as established by
subparagraph (E); or
``(II) a lamp that has a rated wattage and rated initial
lamp lumens that are the same as the maximum lamp watts and
minimum lamp lumens labeled on the luminaire, in accordance
with section 344(f).
``(ii) If the luminaire is designed to operate at more than
1 nominal input voltage, the ballast input watts used in the
target efficacy rating calculation shall be the highest value
for any nominal input voltage for which the ballast is
designed to operate.
``(iii) If the luminaire is a pole-mounted outdoor
luminaire that contains a ballast that is labeled to operate
lamps of more than 1 wattage, the luminaire shall--
``(I) meet or exceed the target efficacy rating in the
table in section 342(g)(1)(A) calculated in accordance with
clause (i) for all lamp wattages that the ballast is labeled
to operate;
``(II) be constructed such that the luminaire is only
capable of accepting lamp wattages that produce target
efficacy ratings that meet or exceed the values in the table
in section 342(g)(1)(A) calculated in accordance with clause
(i); or
[[Page S952]]
``(III) be rated and prominently labeled for a maximum lamp
wattage that results in the luminaire meeting or exceeding
the target efficacy rating in the table in section
342(g)(1)(A) when calculated and labeled in accordance with
clause (i).
``(iv) If the luminaire is a pole-mounted outdoor luminaire
that is constructed such that the luminaire will only accept
an ANSI Type-O lamp, the luminaire shall meet or exceed the
target efficacy rating in the table in section 342(g)(1)(A)
when tested with an ANSI Type-O lamp.
``(v) If the luminaire is a pole-mounted outdoor luminaire
that is marketed to use a coated lamp, the luminaire shall
meet or exceed the target efficacy rating in the table in
section 342(g)(1)(A) when tested with a coated lamp.
``(vi) If the luminaire is a solid state lighting pole-
mounted outdoor luminaire, the luminaire shall have its
target efficacy rating calculated based on the combination of
absolute luminaire lumen values and input wattages that
results in the lowest possible target efficacy rating for any
light source, including ranges of correlated color
temperature and color rendering index values, for which the
luminaire is marketed by the luminaire manufacturer.
``(vii) If the luminaire is a high intensity discharge
pole-mounted outdoor luminaire using a ballast that has a
ballast factor different than 1, the target efficacy rating
of the luminaire shall be calculated by using the input watts
needed to operate the lamp at full rated power, or by using
the actual ballast factor of the ballast.
``(E) Table of standard lamp types.--
``(i) In general.--The National Electrical Manufacturers
Association shall develop and publish not later than 1 year
after the date of enactment of this paragraph and thereafter
maintain and regularly update on a publicly available website
a table including standard lamp types by wattage, ANSI code,
initial lamp lumen value, lamp orientation, and lamp finish.
``(ii) Initial lamp lumen values.--The initial lamp lumen
values shall--
``(I) be determined according to a uniform rating method
and tested according to accepted industry practice for each
lamp that is considered for inclusion in the table; and
``(II) in each case contained in the table, be the lowest
known initial lamp lumen value that approximates typical
performance in representative general outdoor lighting
applications.
``(iii) Actions.--On completion of the table required by
this subparagraph and any updates to the table--
``(I) the National Electrical Manufacturers Association
shall submit the table and any updates to the Secretary; and
``(II) the Secretary shall--
``(aa) publish the table and any comments that are included
with the table in the Federal Register;
``(bb) solicit public comment on the table; and
``(cc) not later than 180 days after date of receipt of the
table, after considering the factors described in clause
(iv), adopt the table for purposes of this part.
``(iv) Rebuttable presumption.--
``(I) In general.--There shall be a rebuttable presumption
that the table and any updates to the table transmitted by
the National Electrical Manufacturers Association to the
Secretary meets the requirements of this subparagraph, which
may be rebutted only if the Secretary finds by clear and
substantial evidence that--
``(aa) data have been included that were not the result of
having applied applicable industry standards; or
``(bb) lamps have been included in the table that are not
representative of general outdoor lighting applications.
``(II) Conforming changes.--If subclause (I) applies, the
National Electrical Manufacturers Association shall conform
the published table of the Association to the table adopted
by the Secretary.
``(v) Nontransmission of table.--If the National Electrical
Manufacturers Association has not submitted the table to the
Secretary within 1 year after the date of enactment of this
paragraph, the Secretary shall develop, publish, and adopt
the table not later than 18 months after the date of
enactment of this paragraph and update the table regularly.
``(F) Amendment of test methods.--The Secretary may, by
rule, adopt new or additional test methods for pole-mounted
outdoor luminaires in accordance with this section.''.
(d) Labeling.--Section 344 of the Energy Policy and
Conservation Act (42 U.S.C. 6315) is amended--
(1) in subsections (d) and (e), by striking ``(h)'' each
place it appears and inserting ``(i)'';
(2) by redesignating subsections (f) through (k) as
subsections (g) through (l), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Labeling Rules for Pole-Mounted Outdoor Luminaires.--
``(1) In general.--Subject to subsection (i), not later
than 1 year after the date of enactment of this paragraph,
the Secretary shall establish labeling rules under this part
for pole-mounted outdoor luminaires manufactured on or after
the date on which standards established under section 342(g)
take effect.
``(2) Rules.--The rules shall require--
``(A) for pole-mounted outdoor luminaires, that the
luminaire, be marked with a capital letter `P' printed within
a circle in a conspicuous location on both the pole-mounted
luminaire and its packaging to indicate that the pole-mounted
outdoor luminaire conforms to the energy conservation
standards established in section 342(g); and
``(B) for pole-mounted outdoor luminaires that do not
contain a lamp in the same shipment with the luminaire and
are tested with a lamp with a lumen rating exceeding the
standard lumen value specified in the table established under
section 343(a)(10)(E), that the luminaire--
``(i) be labeled to identify the minimum rated initial lamp
lumens and maximum rated lamp watts required to conform to
the energy conservation standards established in section
342(g); and
``(ii) bear a statement on the label that states: `Product
violates Federal law when installed with a standard lamp. Use
only a lamp that meets the minimum lumens and maximum watts
provided on this label.' ''.
(e) Preemption.--Section 345 of the Energy Policy and
Conservation Act (42 U.S.C. 6316) is amended--
(1) in the first sentence of subsection (a), by striking
``The'' and inserting ``Except as otherwise provided in this
section, the''; and
(2) by adding at the end the following:
``(i) Pole-Mounted Outdoor Luminaires and High Light Output
Double-Ended Quartz Halogen Lamps.--
``(1) In general.--Except as provided in paragraph (2),
section 327 shall apply to pole-mounted outdoor luminaires
and high light output double-ended quartz halogen lamps to
the same extent and in the same manner as the section applies
under part B.
``(2) State energy conservation standards.--Any State
energy conservation standard that is adopted on or before
January 1, 2015, pursuant to a statutory requirement to adopt
efficiency standard for reducing outdoor lighting energy use
enacted prior to January 31, 2008, shall not be preempted.''.
SEC. 7. ENERGY EFFICIENCY PROVISIONS.
(a) Direct Final Rule.--Section 323(b)(1) of the Energy
Policy and Conservation Act (42 U.S.C. 6293(b)(1)) is amended
by adding at the end the following:
``(B) Test procedures.--The Secretary may, in accordance
with the requirements of this subsection, prescribe test
procedures for any consumer product classified as a covered
product under section 322(b).
``(C) New or amended test procedures.--The Secretary shall
direct the National Bureau of Standards to assist in
developing new or amended test procedures.
``(D) Direct final rule.--The Secretary may adopt a
consensus test procedure in accordance with the direct final
rule procedure established under section 325(p)(4).''.
(b) Criteria for Prescribing New or Amended Standards.--
Section 325(o) of the Energy Policy and Conservation Act (42
U.S.C. 6295(o)) is amended--
(1) in paragraph (2)(B)--
(A) in clause (i)--
(i) in subclause (III), by adding before the semicolon
``and the estimated impact on average energy prices'';
(ii) in subclause (VI), by striking ``; and'' and inserting
a semicolon;
(iii) by redesignating subclause (VII) as subclause (VIII);
and
(iv) by inserting after subclause (VI) the following:
``(VII) the net energy, environmental, and economic impacts
due to smart grid technologies or capabilities in a covered
product that enable demand response or response to time-
dependent energy pricing, taking into consideration the rate
of use of the smart grid technologies or capabilities over
the life of the product that is likely to result from the
imposition of the standard; and''; and
(B) in clause (iii)--
(i) by striking ``(iii) If the Secretary finds'' and
inserting the following:
``(iii) Rebuttable presumption.--
``(I) In general.--Subject to subclause (II), if the
Secretary finds'';
(ii) in subclause (I) (as designated by clause (i)), by
striking ``three'' and inserting ``4''; and
(iii) by striking the second sentence and inserting the
following:
``(II) Multiplier for certain products.--For any product
with an average expected useful life of less than 4 years,
the rebuttable presumption described in subclause (I) shall
be determined using 75 percent of the average expected useful
life of the product as a multiplier instead of 4.
``(III) Requirement for rebuttal of presumption.--A
presumption described in subclause (I) may be rebutted only
if the Secretary finds, based on clear and substantial
evidence, that--
``(aa) the standard level would cause substantial hardship
to the average consumer of the product, or to manufacturers
supplying a significant portion of the market for the
product, in terms of manufacturing or product cost or loss of
product utility or features, the aggregate of which outweighs
the benefits of the standard level;
``(bb) the standard and implementing regulations cannot
reasonably be designed to avoid or mitigate any hardship
described in item (aa) (including through the adoption of
regional standards for the products identified in, and
consistent with, paragraph (6) or other reasonable means
consistent with this part) and the hardship cannot be avoided
or mitigated through the procedures described in section 504
of the Department of Energy Organization Act (42 U.S.C.
7194); and
[[Page S953]]
``(cc) the same or a substantially similar hardship with
respect to a hardship described in item (aa) would not occur
under a standard adopted in the absence of the presumption,
but that otherwise meets the requirements of this section.
``(IV) Prohibited factors for determination.--
``(aa) In general.--Except as provided in item (bb), a
determination by the Secretary that the criteria triggering a
presumption described in subclause (I) are not met, or that
the criterion for rebutting the presumption are met, shall
not be taken into consideration by the Secretary in
determining whether a standard is economically justified.
``(bb) Exception.--Evidence presented regarding the
presumption may be considered by the Secretary in making a
determination described in item (aa).''; and
(2) by adding at the end the following:
``(7) Incorporation of smart grid technologies.--The
Secretary may incorporate smart grid technologies or
capabilities into standards under this section, including
through--
``(A) standards for covered products that require specific
technologies or capabilities;
``(B) standards that provide credit for smart grid
technologies or capabilities, to the extent the smart grid
technologies or capabilities provide net benefits
substantially equivalent to benefits of products that meet
the standards without smart grid technologies or
capabilities, taking into consideration energy, economic, and
environmental impacts (including emissions reductions from
electrical generation); and
``(C) multiple performance standards or design requirements
to achieve--
``(i) the goals of--
``(I) reducing overall energy use; and
``(II) reducing peak demand; or
``(ii) other smart grid goals.''.
(c) Obtainment of Appliance Information From
Manufacturers.--Section 326 of the Energy Policy and
Conservation Act (42 U.S.C. 6296) is amended by striking
subsection (d) and inserting the following:
``(d) Information Requirements.--
``(1) In general.--For purposes of carrying out this part,
the Secretary shall promulgate proposed regulations not later
than 1 year after the date of enactment of the National
Energy Efficiency Enhancement Act of 2010, and after
receiving public comment, final regulations not later than 18
months after the date of enactment of that Act, under this
part or other provision of law administered by the Secretary,
that shall require each manufacturer of a covered product, on
a product specific basis, to submit information or reports to
the Secretary--
``(A) in such form as the Secretary may adopt; and
``(B) on--
``(i) an annual basis; or
``(ii) any other regular basis that is not less frequent
than once every 3 years.
``(2) Form and content of reports.--The form and content of
each report required by a manufacturer of a covered product
under paragraph (1)--
``(A) may vary by product type, as determined by the
Secretary; and
``(B) shall include information or data regarding--
``(i) the compliance by the manufacturer with respect to
each requirement applicable pursuant to this part;
``(ii) the annual shipments by the manufacturer of each
class or category of covered products, subdivided, to the
extent practicable, by--
``(I) energy efficiency, energy use, and, if applicable,
water use;
``(II) the presence or absence of such efficiency related
or energy consuming operational characteristics or components
as the Secretary determines to be relevant for the purposes
of carrying out this part; and
``(III) the State or regional location of sale for covered
products for which the Secretary may adopt regional
standards; and
``(iii) such other categories of information that the
Secretary determines to be relevant to carry out this part,
including such other information that may be necessary--
``(I) to establish and revise--
``(aa) test procedures;
``(bb) labeling rules; and
``(cc) energy conservation standards;
``(II) to ensure compliance with the requirements of this
part; and
``(III) to estimate the impacts on consumers and
manufacturers of energy conservation standards in effect as
of the reporting date.
``(3) Requirements of secretary in promulgating
regulations.--In promulgating regulations under paragraph
(1), the Secretary shall consider--
``(A) existing public sources of information, including
nationally recognized certification or verification programs
of trade associations; and
``(B)(i) whether some or all of the information described
in paragraph (2) is submitted to another Federal agency; and
``(ii) the means by which to minimize any duplication of
requests for information by Federal agencies.
``(4) Minimization of burdens on manufacturers.--In
carrying out this subsection, the Secretary shall exercise
the authority of the Secretary under this subsection in a
manner designed to minimize burdens on the manufacturers of
covered products.
``(5) Reporting of energy information.--
``(A) In general.--Subject to subparagraph (B), section
11(d) of the Energy Supply and Environmental Coordination Act
of 1974 (15 U.S.C. 796(d)) shall apply with respect to
information obtained under this subsection to the same extent
and in the same manner as section 11(d) of that Act applies
with respect to energy information obtained under section 11
of that Act.
``(B) Administration.--Subparagraph (A) shall apply to the
extent that subparagraph (A) does not conflict with the
duties of the Secretary in carrying out this part.
``(6) Coordination with state agencies.--In adopting
reporting requirements under paragraph (1), the Secretary
shall, to the extent practicable, coordinate with State
agencies that conduct similar data gathering initiatives--
``(A) to ensure the uniformity of the requirements; and
``(B) to mitigate reporting burdens.
``(7) Periodic revisions.--In accordance with each
procedure and criteria required under paragraph (1), the
Secretary may periodically revise the reporting requirements
adopted under paragraph (1).''.
(d) Waiver of Federal Preemption.--Section 327(d)(1) of the
Energy Policy and Conservation Act (42 U.S.C. 6297(d)(1)) is
amended--
(1) in subparagraph (B)--
(A) by inserting ``(i)'' before ``Subject to paragraphs'';
and
(B) by adding at the end the following:
``(ii) In making a finding under clause (i), the Secretary
may not reject a petition for failure of the petitioning
State or river basin commission to produce confidential
information maintained by any manufacturer or distributor, or
group or association of manufacturers or distributors, that
the petitioning party has requested and not received.''; and
(2) in the matter following subparagraph (C)(ii), by adding
at the end the following: ``Notwithstanding the preceding
sentence, the Secretary may approve a waiver petition
submitted by a State that does not have an energy plan and
forecast if the waiver petition concerns a State regulation
adopted pursuant to a notice and comment rulemaking
proceeding.''
(e) Permitting States to Seek Injunctive Enforcement.--
Section 334 of the Energy Policy and Conservation Act (42
U.S.C. 6304) is amended to read as follows:
``SEC. 334. PERMITTING STATES TO SEEK INJUNCTIVE ENFORCEMENT.
``(a) Jurisdiction.--The United States district courts
shall have original jurisdiction of a civil action seeking an
injunction to restrain--
``(1) any violation of section 332; and
``(2) any person from distributing in commerce any covered
product that does not comply with an applicable rule under
section 324 or 325.
``(b) Authority.--
``(1) In general.--Except as provided in paragraph (2), an
action under subsection (a) shall be brought by--
``(A) the Commission; or
``(B) the attorney general of a State in the name of the
State.
``(2) Exceptions.--
``(A) In general.--Notwithstanding paragraph (1), only the
Secretary may bring an action under this section to
restrain--
``(i) a violation of section 332(a)(3) relating to a
requirement prescribed by the Secretary; or
``(ii) a violation of section 332(a)(4) relating to a
request by the Secretary under section 326(b)(2).
``(B) Other prohibited acts.--An action under this section
regarding a violation of paragraph (5) or (7) of section
332(a) shall be brought by--
``(i) the Secretary; or
``(ii) the attorney general of a State in the name of the
State.
``(c) Limitation.--If an action under this section is
brought by the attorney general of a State--
``(1) not less than 30 days before the date of commencement
of the action, the State shall--
``(A) provide written notice to the Secretary and the
Commission; and
``(B) provide the Secretary and the Commission with a copy
of the complaint;
``(2) the Secretary and the Commission--
``(A) may intervene in the suit or action;
``(B) upon intervening, shall be heard on all matters
arising from the suit or action; and
``(C) may file petitions for appeal;
``(3) no separate action may be brought under this section
if, at the time written notice is provided under paragraph
(1), the same alleged violation or failure to comply is the
subject of a pending action, or a final judicial judgment or
decree, by the United States under this Act; and
``(4) the action shall not be construed--
``(A) as to prevent the attorney general of a State, or
other authorized officer of the State, from exercising the
powers conferred on the attorney general, or other authorized
officer of the State, by the laws of the State (including
regulations); or
``(B) as to prohibit the attorney general of a State, or
other authorized officer of the State, from proceeding in a
Federal or State court on the basis of an alleged violation
of any civil or criminal statute of the State.
``(d) Venue; Service of Process.--
``(1) Venue.--An action under this section may be brought
in the United States district court for--
``(A) the district in which the act, omission, or
transaction constituting the applicable violation occurred;
or
``(B) the district in which the defendant--
``(i) resides; or
``(ii) transacts business.
[[Page S954]]
``(2) Service of process.--In an action under this section,
process may be served on a defendant in any district in which
the defendant resides or is otherwise located.''.
(f) Treatment of Appliances Within Building Codes.--Section
327 of the Energy Policy and Conservation Act (42 U.S.C.
6297) is amended by adding at the end the following:
``(h) Recognition of Alternative Refrigerant Uses.--With
respect to State or local laws (including regulations)
prohibiting, limiting, or restricting the use of alternative
refrigerants for specific end uses approved by the
Administrator of the Environmental Protection Agency pursuant
to the Significant New Alternatives Program under section 612
of the Clean Air Act (42 U.S.C. 7671k) for use in a covered
product under section 322(a)(1) considered on or after the
date of enactment of this subsection, notice shall be
provided to the Administrator before or during any State or
local public comment period to provide to the Administrator
an opportunity to comment.''.
(g) Technical Amendment.--Section 332(a) of the Energy
Policy and Conservation Act (42 U.S.C. 6302(a)) is amended by
redesignating the second paragraph (6) as paragraph (7).
____
Section by Section Summary of the National Energy Efficiency
enhancement Act of 2010
Sec. 1. Short Title.
Sec. 2. Energy Conservation Standards.
(a) Amends section 321 of EPCA for the definition of
``energy efficiency standard'' to allow DOE to establish more
than one performance standard, and adds definitions for
``EER'' and ``HSPF''.
(b) Amends section 323(b) to establish test procedures for
EER and HSPF.
(c) Amends section 325(d) to establish regional and
increased energy efficiency standards for central air
conditioners and heat pumps, and related equipment, to be
effective on or after Jan 1, 2015, and sets forth dates for
the consideration of future standards.
(d) Amends section 325(d) to establish definitions for
Through-the-Wall air conditioning and heat pump systems, and
small-duct, high velocity systems, and directs DOE to set
standards for these products to be effective on or after June
30, 2016.
(e) Amends section 325(f) to establish definitions and
regional standards for non-weatherized gas and oil furnaces
to be effective on or after May, 2013; and for weatherized
gas furnaces, to be effective on or after January 1, 2015.
(f) Amends section 327(f) to provide that State building
codes may provide for products that have efficiencies that
exceed applicable Federal standards, within certain limits
and if such State code provides for combinations of energy
items to meet the code objectives that includes at least one
combination that does not exceed Federal products standards.
Sec. 3. Energy Conservation Standards for Heat Pump Pool
Heaters.
Amends sections 321 and 325 to provide definitions and
establish efficiency standards for heat pump pool heaters.
Sec. 4. Efficiency Standards for Class A external Power
Supplies.
Amends section 325(u) to provide a definition for
``security or life safety alarm or surveillance system'' and
provides an exemption for certain such products from the ``no
load'' portion of the Federal efficiency standards until July
1, 2017.
Sec. 5. Prohibited Acts.
Amends section 332 to clarify that representatives of
manufacturers, distributers, and retailers, just as
manufacturers and private labelers currently, are prohibited
from the sale and distribution of products that do not meet
the Federal minimum efficiency standards.
Sec 6. Outdoor Lighting.
Amends sections 340, 342, 343, 344, and 345 to provide
definitions, efficiency standards, rulemaking deadlines and
effective dates, test methods, labeling and preemption
treatment for pole-mounted outdoor lighting products (e.g.
street and parking lot light fixtures, bulbs and controls).
Also sets standards for double-ended halogen lamps (high
wattage incandescent lamps generally used outdoors) and ends
the production of standard mercury vapor lamps, effective
2016, completing the transition to higher efficiency lighting
sources begun when inefficient mercury vapor fixtures and
ballasts were phased out in EPAct 2005.
Sec. 7. Energy Efficiency Provisions.
(a) Direct Final Rule. Amends section 323 to permit DOE to
accelerate the prescription of consensus test procedures and
to direct the National Bureau of Standards to assist in
developing or amending test procedures.
(b) Criteria for Prescribing New or Amended Standards.
Amends section 325(o) to: (A) add ``impact on average energy
prices'' and ``impacts due to smart grid'' as new criteria
for setting efficiency standards, (B) establishes a
rebuttable presumption for what DOE determines to be a
minimum ``technically feasible and economically justified''
efficiency standard, and (C) authorizes DOE to include smart
grid technologies into product standards, listing credits and
other options for including these technologies.
(c) Obtainment of Appliance Information from Manufacturers.
Amends section 326 to direct DOE to require manufacturers to
submit specific product information to DOE such as
compliance, annual shipments, and energy use and efficiency,
and to coordinate information gathering activities with State
agencies.
(d) Waiver of Federal Preemption. Amends section 327(d) to
clarify that DOE may not reject a State waiver petition for
failure of the State to produce information that is
confidentially maintained by any manufacturer or others and
from whom the State has requested, but not received, the
information.
(e) Permitting States to Seek Injunctive Enforcement.
Amends section 334 to authorize and prescribe the procedures
by which a State may seek an injunction to restrain certain
violations of the DOE efficiency program.
____________________