[Congressional Record Volume 156, Number 28 (Tuesday, March 2, 2010)]
[Senate]
[Pages S946-S954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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: 50.0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 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.

                          ____________________