[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7813-S7832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Ms. Klobuchar):
  S. 3925. A bill to amend the Energy Policy and Conservation Act to 
improve the energy efficiency of, and standards applicable to, certain 
appliances and equipment, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, the Committee on Energy and Natural 
Resources has worked diligently throughout this Congress to develop 
legislation that would strengthen our nation's energy security. In July 
of last year, on a strong bipartisan vote, the Committee reported the 
American Clean Energy Leadership Act of 2009, ACELA, and this past May, 
again with bipartisan votes, the Committee reported several amendments 
that would enhance ACELA. I know that other committees also have 
reported energy legislation, with the expectation that all of this work 
would be combined into a single bill that the full Senate could 
consider.
  Unfortunately, the Senate has, so far, not been able to find a 
combination of these energy policy proposals that it can move. This 
situation is particularly unfortunate because many of the provisions 
caught in this energy policy grid-lock have no known opposition.
  There is no rational reason why the Senate should not pass 
legislation which would save our nation energy, strengthen our economy, 
save Americans money, lower carbon dioxide emissions, and to which 
there is no known opposition, should not be passed by the Senate.
  In an effort to bypass this grid-lock, I am pleased to introduce a 
bill which packages many of these consensus elements. The 
Implementation of National Consensus Appliance Agreements Act, INCAAA, 
consolidates all of the consensual legislative provisions regarding the 
Department of Energy's appliance and consumer product energy efficiency 
program that the Energy Committee has reported, along with four more-
recent agreements, into one bill.
  The DOE appliance standards program is one of the most powerful tools 
that our Nation has to reduce energy demand. It is a mature, broadly-
supported program which has been estimated to have reduced the nation's 
electricity demand by about 10 percent.
  The enactment of INCAAA would strengthen this program by 
establishing, or increasing, energy efficiency standards for several 
classes of products. Such new or improved standards have been agreed to 
by the manufacturers of these products as well by as the Nation's 
leading energy efficiency advocacy groups such as the American Council 
for an Energy Efficient Economy, the Alliance to Save Energy, and the 
Natural Resources Defense Council. INCAAA includes new efficiency 
standards for outdoor lighting, supported by the National Electrical 
Manufacturing Association and major lighting manufacturers such as 
General Electric, Osram Sylvania, Philips, and Acuity Brands.
  It includes increased efficiency standards for furnaces, heat pumps, 
and central air conditioners, supported by the Air-Conditioning, 
Heating and Refrigeration Institute and its dozens of members, 
including Carrier, Johnson Controls, Rheem and Trane.
  It includes new efficiency standards for portable lamps, supported by 
the American Lighting Association.
  It includes increased energy and water efficiency standards for 
refrigerators and freezers, clothes washers and dryers, dishwashers, 
and room air-conditioners as supported by the Association of Home 
Appliance Manufacturers and its many members, including Electrolux, 
General Electric, Panasonic, and Whirlpool.
  INCAAA also includes consensus standards and legislation reported by 
the Energy Committee covering smaller classes of products such as 
drinking

[[Page S7814]]

water dispensers, hot food holding cabinets, and electric spas. 
Finally, this bill strengthens DOE's operation and administration of 
the appliance standards programs to include accelerated rulemaking and 
updated decisionmaking criteria to include new developments such as 
emerging smart-grid technologies. It is important to note that the bill 
requires no new authorizations or spending. These changes would be 
integrated into and administered by the existing DOE program.
  The American Council for an Energy Efficiency Economy estimates that 
INCAAA would save the Nation over 1.2 Quadrillion Btus of energy each 
year by 2030--enough energy to meet the needs of 6.5 million typical 
American households. ACEEE also estimated that INCAAA would save nearly 
5 trillion gallons of water annually by 2030, roughly the amount of 
water needed to meet the current needs of every resident of Los Angeles 
for 25 years.
  Broad Senate support for the provisions of INCAAA is demonstrated by 
the bipartisan votes in the Energy Committee when many elements of this 
bill were reported as a part of ACELA, or as amendments to ACELA. Broad 
support for these consensus standards among manufacturers and energy 
efficiency, and consumer groups is voiced in the letter written to the 
Senate Majority and Minority Leaders on August 13. In this letter, 16 
manufacturing, energy efficiency advocacy, and consumer groups urged 
our Senate leadership to ``quickly pass several consensus appliance and 
equipment efficiency standards this session of Congress.''
  Even if the Senate is unable to enact comprehensive energy 
legislation this year, enactment of the consensus agreements in this 
bill offers an opportunity to strengthen our economy by reducing energy 
use, saving consumers money, and improving the environment.
  I urge my colleagues to support and co-sponsor this legislation and 
seek its enactment this year. While there are plenty of energy policy 
proposal Senators disagree on, the efficiency standards and program 
improvements in INCAAA deserves the Senate's unanimous support.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3925

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Implementation of National Consensus Appliance Agreements 
     Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Energy conservation standards.
Sec. 3. Energy conservation standards for heat pump pool heaters.
Sec. 4. Portable light fixtures.
Sec. 5. GU-24 base lamps.
Sec. 6. Efficiency standards for bottle-type water dispensers, 
              commercial hot food holding cabinets, and portable 
              electric spas.
Sec. 7. Test procedure petition process.
Sec. 8. Energy efficiency provisions.
Sec. 9. Measuring icemaker energy.
Sec. 10. Credit for Energy Star smart appliances.
Sec. 11. Video game console energy efficiency study.
Sec. 12. Refrigerator and freezer standards.
Sec. 13. Room air conditioner standards.
Sec. 14. Uniform efficiency descriptor for covered water heaters.
Sec. 15. Clothes dryers.
Sec. 16. Standards for clothes washers.
Sec. 17. Dishwashers.
Sec. 18. Standards for certain incandescent reflector lamps and 
              reflector lamps.
Sec. 19. Petition for amended standards.
Sec. 20. Efficiency standards for class A external power supplies.
Sec. 21. Prohibited acts.
Sec. 22. Outdoor lighting.
Sec. 23. Standards for commercial furnaces.
Sec. 24. Service over the counter, self-contained, medium temperature 
              commercial refrigerators.
Sec. 25. Motor market assessment and commercial awareness program.
Sec. 26. Study of compliance with energy standards for appliances.
Sec. 27. Study of direct current electricity supply in certain 
              buildings.
Sec. 28. Technical corrections.

     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) 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 published 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:
       ``(67) EER.--The term `EER' means energy efficiency ratio.
       ``(68) 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

[[Page S7815]]

     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.
       ``(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 Secretary 
     shall by May 1, 2011, establish a standard for the annual 
     fuel utilization efficiency of non-weatherized gas furnaces 
     manufactured on or after May 1, 2013, and installed in States 
     having historical average annual, population weighted, 
     heating degree days equal to or greater than 5,000 
     (specifically the States of Alaska, Colorado, Connecticut, 
     Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, 
     Michigan, Minnesota, Missouri, Montana, Nebraska, New 
     Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, 
     Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, 
     Washington, West Virginia, Wisconsin, and Wyoming).
       ``(ii) Application of subsection (o)(6).--Subsection (o)(6) 
     shall apply to the regional standard set forth in this 
     subparagraph.
       ``(iii) Separate standards.--The Secretary may establish 
     separate standards for furnaces to be installed in newly 
     constructed buildings and for replacement in existing 
     buildings.
       ``(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(f)(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--

[[Page S7816]]

       ``(aa) 85 percent AFUE for oil furnaces; and
       ``(bb) 15 SEER and 8.5 HSPF for heat pumps;
       ``(ii) the building code levels established pursuant to 
     section 325; or
       ``(iii) the applicable standards or levels specified in 
     subparagraph (B).
       ``(D) The credit to the energy consumption or conservation 
     objective allowed by the code for installing a covered 
     product having an energy efficiency exceeding the applicable 
     standard or level specified in subparagraph (C) is on a 1-
     for-1 equivalent energy use or equivalent energy cost basis, 
     which may take into account the typical lifetimes of the 
     products and building features, using lifetimes for covered 
     products based on information published by the Department of 
     Energy or the American Society of Heating, Refrigerating and 
     Air-Conditioning Engineers.
       ``(E) If the code sets forth 1 or more combinations of 
     items that meet the energy consumption or conservation 
     objective, and if 1 or more combinations specify an 
     efficiency level for a covered product that exceeds the 
     applicable standards and levels specified in subparagraph 
     (B)--
       ``(i) there is at least 1 combination that includes such 
     covered products having efficiencies not exceeding 1 of the 
     standards or levels specified in subparagraph (B); and
       ``(ii) if 1 or more combinations of items specify an 
     efficiency level for a furnace, central air conditioner, or 
     heat pump that exceeds the applicable standards and levels 
     specified in subparagraph (B), there is at least 1 
     combination that the State has found to be reasonably 
     achievable using commercially available technologies that 
     includes such products having efficiencies at the applicable 
     levels specified in subparagraph (C), except that no 
     combination need include a product having an efficiency less 
     than the level specified in subparagraph (B)(ii).
       ``(F) The energy consumption or conservation objective is 
     specified in terms of an estimated total consumption of 
     energy (which may be specified in units of energy or its 
     equivalent cost).'';
       (2) in paragraph (4)(B)--
       (A) by inserting after ``building code'' the first place it 
     appears the following: ``contains a mandatory requirement 
     that, under all code compliance paths,''; and
       (B) by striking ``unless the'' and all that follows through 
     ``subsection (d)''; and
       (3) by adding at the end the following:
       ``(5) Replacement of covered 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)) is amended 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. PORTABLE LIGHT FIXTURES.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     2(a)(2)) is amended by adding at the end the following:
       ``(69) Art work light fixture.--The term `art work light 
     fixture' means a light fixture designed only to be mounted 
     directly to an art work and for the purpose of illuminating 
     that art work.
       ``(70) LED light engine.--The term `LED light engine' or 
     `LED light engine with integral heat sink' means a subsystem 
     of an LED light fixture that--
       ``(A) includes 1 or more LED components, including--
       ``(i) an LED driver power source with electrical and 
     mechanical interfaces; and
       ``(ii) an integral heat sink to provide thermal 
     dissipation; and
       ``(B) may be designed to accept additional components that 
     provide aesthetic, optical, and environmental control.
       ``(71) LED light fixture.--The term `LED light fixture' 
     means a complete lighting unit consisting of--
       ``(A) an LED light source with 1 or more LED lamps or LED 
     light engines; and
       ``(B) parts--
       ``(i) to distribute the light;
       ``(ii) to position and protect the light source; and
       ``(iii) to connect the light source to electrical power.
       ``(72) Light fixture.--The term `light fixture' means a 
     product designed to provide light that includes--
       ``(A) at least 1 lamp socket; and
       ``(B) parts--
       ``(i) to distribute the light;
       ``(ii) position and protect 1 or more lamps; and
       ``(iii) to connect 1 or more lamps to a power supply.
       ``(73) Portable light fixture.--
       ``(A) In general.--The term `portable light fixture' means 
     a light fixture that has a flexible cord and an attachment 
     plug for connection to a nominal 120-volt circuit that--
       ``(i) allows the user to relocate the product without any 
     rewiring; and
       ``(ii) typically can be controlled with a switch located on 
     the product or the power cord of the product.
       ``(B) Exclusions.--The term `portable light fixture' does 
     not include--
       ``(i) direct plug-in night lights, sun or heat lamps, 
     medical or dental lights, portable electric hand lamps, signs 
     or commercial advertising displays, photographic lamps, 
     germicidal lamps, or light fixtures for marine use or for use 
     in hazardous locations (as those terms are defined in ANSI/
     NFPA 70 of the National Electrical Code); or
       ``(ii) decorative lighting strings, decorative lighting 
     outfits, or electric candles or candelabra without lamp 
     shades that are covered by Underwriter Laboratories (UL) 
     standard 588, `Seasonal and Holiday Decorative Products'.''.
       (b) Coverage.--Section 322(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)) is amended--
       (1) by redesignating paragraph (20) as paragraph (21); and
       (2) by inserting after paragraph (19) the following:
       ``(20) Portable light fixtures.''.
       (c) Test Procedures.--Section 323(b) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6293(b)) (as amended by 
     section 2(b)) is amended by adding at the end the following:
       ``(20) LED fixtures and led light engines.--Test procedures 
     for LED fixtures and LED light engines shall be based on 
     Illuminating Engineering Society of North America test 
     procedure LM-79, Approved Method for Electrical and 
     Photometric Testing of Solid-State Lighting Devices and an 
     IES-approved test procedure for testing LED light engines.''.
       (d) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) is amended--
       (1) by redesignating subsection (ii) as subsection (kk); 
     and
       (2) by inserting after subsection (hh) the following:
       ``(ii) Portable Light Fixtures.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     portable light fixtures manufactured on or after January 1, 
     2012, shall meet 1 or more of the following requirements:
       ``(A) Be a fluorescent light fixture that meets the 
     requirements of the Energy Star Program for Residential Light 
     Fixtures, Version 4.2.
       ``(B) Be equipped with only 1 or more GU-24 line-voltage 
     sockets, not be rated for use with incandescent lamps of any 
     type (as defined in ANSI standards), and meet the 
     requirements of version 4.2 of the Energy Star program for 
     residential light fixtures.
       ``(C) Be an LED light fixture or a light fixture with an 
     LED light engine and comply with the following minimum 
     requirements:
       ``(i) Minimum light output: 200 lumens (initial).
       ``(ii) Minimum LED light engine efficacy: 40 lumens/watt 
     installed in fixtures that meet the minimum light fixture 
     efficacy of 29 lumens/watt or, alternatively, a minimum LED 
     light engine efficacy of 60 lumens/watt for fixtures that do 
     not meet the minimum light fixture efficacy of 29 lumens/
     watt.
       ``(iii) All portable fixtures shall have a minimum LED 
     light fixture efficacy of 29 lumens/watt and a minimum LED 
     light engine efficacy of 60 lumens/watt by January 1, 2016.
       ``(iv) Color Correlated Temperature (CCT): 2700K through 
     4000K.
       ``(v) Minimum Color Rendering Index (CRI): 75.
       ``(vi) Power factor equal to or greater than 0.70.
       ``(vii) Portable luminaries that have internal power 
     supplies shall have zero standby power when the luminaire is 
     turned off.
       ``(viii) LED light sources shall deliver at least 70 
     percent of initial lumens for at least 25,000 hours.
       ``(D)(i) Be equipped with an ANSI-designated E12, E17, or 
     E26 screw-based socket and be prepackaged and sold together 
     with 1 screw-based compact fluorescent lamp or screw-based 
     LED lamp for each screw-based socket on the portable light 
     fixture.
       ``(ii) The compact fluorescent or LED lamps prepackaged 
     with the light fixture

[[Page S7817]]

     shall be fully compatible with any light fixture controls 
     incorporated into the light fixture (for example, light 
     fixtures with dimmers shall be packed with dimmable lamps).
       ``(iii) Compact fluorescent lamps prepackaged with light 
     fixtures shall meet the requirements of the Energy Star 
     Program for CFLs Version 4.0.
       ``(iv) Screw-based LED lamps shall comply with the minimum 
     requirements described in subparagraph (C).
       ``(E) Be equipped with 1 or more single-ended, non-screw 
     based halogen lamp sockets (line or low voltage), a dimmer 
     control or high-low control, and be rated for a maximum of 
     100 watts.
       ``(2) Review.--
       ``(A) Review.--The Secretary shall review the criteria and 
     standards established under paragraph (1) to determine if 
     revised standards are technologically feasible and 
     economically justified.
       ``(B) Components.--The review shall include consideration 
     of--
       ``(i) whether a separate compliance procedure is still 
     needed for halogen fixtures described in subparagraph (E) 
     and, if necessary, what an appropriate standard for halogen 
     fixtures shall be;
       ``(ii) which of the specific technical criteria described 
     in subparagraphs (A), (C), and (D)(iii) should be modified; 
     and
       ``(iii) which fixtures should be exempted from the light 
     fixture efficacy standard as of January 1, 2016, because the 
     fixtures are primarily decorative in nature (as defined by 
     the Secretary) and, even if exempted, are likely to be sold 
     in limited quantities.
       ``(C) Timing.--
       ``(i) Determination.--Not later than January 1, 2014, the 
     Secretary shall publish amended standards, or a determination 
     that no amended standards are justified, under this 
     subsection.
       ``(ii) Standards.--Any standards under this subsection take 
     effect on January 1, 2016.
       ``(3) Art work light fixtures.--Art work light fixtures 
     manufactured on or after January 1, 2012, shall--
       ``(A) comply with paragraph (1); or
       ``(B)(i) contain only ANSI-designated E12 screw-based line-
     voltage sockets;
       ``(ii) have not more than 3 sockets;
       ``(iii) be controlled with an integral high/low switch;
       ``(iv) be rated for not more than 25 watts if fitted with 1 
     socket; and
       ``(v) be rated for not more than 15 watts per socket if 
     fitted with 2 or 3 sockets.
       ``(4) Exception from preemption.--Notwithstanding section 
     327, Federal preemption shall not apply to a regulation 
     concerning portable light fixtures adopted by the California 
     Energy Commission on or before January 1, 2014.''.

     SEC. 5. GU-24 BASE LAMPS.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     4(a)) is amended by adding at the end the following:
       ``(74) GU-24.--The term `GU-24' '' means the designation of 
     a lamp socket, based on a coding system by the International 
     Electrotechnical Commission, under which--
       ``(A) `G' indicates a holder and socket type with 2 or more 
     projecting contacts, such as pins or posts;
       ``(B) `U' distinguishes between lamp and holder designs of 
     similar type that are not interchangeable due to electrical 
     or mechanical requirements; and
       ``(C) 24 indicates the distance in millimeters between the 
     electrical contact posts.
       ``(75) GU-24 adaptor.--
       ``(A) In general.--The term `GU-24 Adaptor' means a 1-piece 
     device, pig-tail, wiring harness, or other such socket or 
     base attachment that--
       ``(i) connects to a GU-24 socket on 1 end and provides a 
     different type of socket or connection on the other end; and
       ``(ii) does not alter the voltage.
       ``(B) Exclusion.--The term `GU-24 Adaptor' does not include 
     a fluorescent ballast with a GU-24 base.
       ``(76) GU-24 base lamp.--`GU-24 base lamp' means a light 
     bulb designed to fit in a GU-24 socket.''.
       (b) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) (as amended by section 
     4(d)) is amended by inserting after subsection (ii) the 
     following:
       ``(jj) GU-24 Base Lamps.--
       ``(1) In general.--A GU-24 base lamp shall not be an 
     incandescent lamp as defined by ANSI.
       ``(2) GU-24 adaptors.--GU-24 adaptors shall not adapt a GU-
     24 socket to any other line voltage socket.''.

     SEC. 6. EFFICIENCY STANDARDS FOR BOTTLE-TYPE WATER 
                   DISPENSERS, COMMERCIAL HOT FOOD HOLDING 
                   CABINETS, AND PORTABLE ELECTRIC SPAS.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     5(a)) is amended by adding at the end the following:
       ``(77) Bottle-type water dispenser.--The term `bottle-type 
     water dispenser' means a drinking water dispenser that is--
       ``(A) designed for dispensing hot and cold water; and
       ``(B) uses a removable bottle or container as the source of 
     potable water.
       ``(78) Commercial hot food holding cabinet.--
       ``(A) In general.--The term `commercial hot food holding 
     cabinet' means a heated, fully-enclosed compartment that--
       ``(i) is designed to maintain the temperature of hot food 
     that has been cooked in a separate appliance;
       ``(ii) has 1 or more solid or glass doors; and
       ``(iii) has an interior volume of 8 cubic feet or more.
       ``(B) Exclusions.--The term `commercial hot food holding 
     cabinet' does not include--
       ``(i) a heated glass merchandising cabinet;
       ``(ii) a drawer warmer;
       ``(iii) a cook-and-hold appliance; or
       ``(iv) a mobile serving cart with both hot and cold 
     compartments.
       ``(79) Compartment bottle-type water dispenser.--The term 
     `compartment bottle-type water dispenser' means a drinking 
     water dispenser that--
       ``(A) is designed for dispensing hot and cold water;
       ``(B) uses a removable bottle or container as the source of 
     potable water; and
       ``(C) includes a refrigerated compartment with or without 
     provisions for making ice.
       ``(80) Portable electric spa.--
       ``(A) In general.--The term `portable electric spa' means a 
     factory-built electric spa or hot tub that--
       ``(i) is intended for the immersion of persons in heated 
     water circulated in a closed system; and
       ``(ii) is not intended to be drained and filled with each 
     use.
       ``(B) Inclusions.--The term `portable electric spa' 
     includes--
       ``(i) a filter;
       ``(ii) a heater (including an electric, solar, or gas 
     heater);
       ``(iii) a pump;
       ``(iv) a control; and
       ``(v) other equipment, such as a light, a blower, and water 
     sanitizing equipment.
       ``(C) Exclusions.--The term `portable electric spa' does 
     not include--
       ``(i) a permanently installed spa that, once installed, 
     cannot be moved; or
       ``(ii) a spa that is specifically designed and exclusively 
     marketed for medical treatment or physical therapy purposes.
       ``(81) Water dispenser.--The term `water dispenser' means a 
     factory-made assembly that--
       ``(A) mechanically cools and heats potable water; and
       ``(B) dispenses the cooled or heated water by integral or 
     remote means.''.
       (b) Coverage.--
       (1) In general.--Section 322(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)) (as amended by section 
     4(b)(1)) is amended--
       (A) by redesignating paragraph (21) as paragraph (24); and
       (B) by inserting after paragraph (20) the following:
       ``(21) Bottle-type water dispensers and compartment bottle-
     type water dispensers.
       ``(22) Commercial hot food holding cabinets.
       ``(23) Portable electric spas.''.
       (2) Conforming amendments.--
       (A) Section 324 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6294) is amended by striking ``(19)'' each place 
     it appears in subsections (a)(3), (b)(1)(B), (b)(3), and 
     (b)(5) and inserting ``(24)''.
       (B) Section 325(l) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph 
     (19)'' each place it appears in paragraphs (1) and (2) and 
     inserting ``paragraph (24)''.
       (c) Test Procedures.--Section 323(b) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6293(b)) (as amended by 
     section 4(c)) is amended by adding at the end the following:
       ``(21) Bottle-type water dispensers.--
       ``(A) In general.--Test procedures for bottle-type water 
     dispensers and compartment bottle-type water dispensers shall 
     be based on the document `Energy Star Program Requirements 
     for Bottled Water Coolers version 1.1' published by the 
     Environmental Protection Agency.
       ``(B) Integral, automatic timers.--A unit with an integral, 
     automatic timer shall not be tested under this paragraph 
     using section 4D of the test criteria (relating to Timer 
     Usage).
       ``(22) Commercial hot food holding cabinets.--
       ``(A) In general.--Test procedures for commercial hot food 
     holding cabinets shall be based on the test procedures 
     described in ANSI/ASTM F2140-01 (Test for idle energy rate-
     dry test).
       ``(B) Interior volume.--Interior volume shall be based 
     under this paragraph on the method demonstrated in the 
     document `Energy Star Program Requirements for Commercial Hot 
     Food Holding Cabinets' of the Environmental Protection 
     Agency, as in effect on August 15, 2003.
       ``(23) Portable electric spas.--
       ``(A) In general.--Test procedures for portable electric 
     spas shall be based on the test method for portable electric 
     spas described in section 1604 of title 20, California Code 
     of Regulations, as amended on December 3, 2008.
       ``(B) Normalized consumption.--Consumption shall be 
     normalized under this paragraph for a water temperature 
     difference of 37 degrees Fahrenheit.
       ``(C) ANSI test procedure.--If the American National 
     Standards Institute publishes a test procedure for portable 
     electric spas, the Secretary shall revise the procedure 
     established under this paragraph, as determined appropriate 
     by the Secretary.''.
       (d) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) (as amended by sections 
     4(d) and 5(b)) is amended--

[[Page S7818]]

       (1) by redesignating subsection (kk) as subsection (oo); 
     and
       (2) by inserting after subsection (jj) the following:
       ``(kk) Bottle-Type Water Dispensers.--Effective beginning 
     January 1, 2012--
       ``(1) a bottle-type water dispenser shall not have standby 
     energy consumption that is greater than 1.2 kilowatt-hours 
     per day; and
       ``(2) a compartment bottle-type water dispenser shall not 
     have standby energy consumption that is greater than 1.3 
     kilowatt-hours per day.
       ``(ll) Commercial Hot Food Holding Cabinets.--Effective 
     beginning January 1, 2012, a commercial hot food holding 
     cabinet shall have a maximum idle energy rate of 40 watts per 
     cubic foot of interior volume.
       ``(mm) Portable Electric Spas.--Effective beginning January 
     1, 2012, a portable electric spa shall not have a normalized 
     standby power rate of greater than 5 (V2/3) Watts 
     (in which `V' equals the fill volume (in gallons)).
       ``(nn) Revisions.--
       ``(1) In general.--Not later than January 1, 2013, the 
     Secretary shall--
       ``(A) consider in accordance with subsection (o) revisions 
     to the standards established under subsections (kk), (ll), 
     and (mm); and
       ``(B)(i) publish a final rule establishing the revised 
     standards; or
       ``(ii) make a finding that no revisions are technically 
     feasible and economically justified.
       ``(2) Effective date.--Any revised standards under this 
     subsection take effect on January 1, 2016.''.
       (e) Preemption.--Section 327 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297) is amended--
       (1) in subsection (b)--
       (A) in paragraph (6), by striking ``or'' after the 
     semicolon at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(8) is a regulation that--
       ``(A) establishes efficiency standards for bottle-type 
     water dispensers, compartment bottle-type water dispensers, 
     commercial hot food holding cabinets, or portable electric 
     spas; and
       ``(B) is in effect on or before the date of enactment of 
     this paragraph.''; and
       (2) in subsection (c)--
       (A) in paragraph (8)(B), by striking ``and'' after the 
     semicolon at the end;
       (B) in paragraph (9)--
       (i) by striking ``except that--'' and all that follows 
     through ``if the Secretary'' and inserting ``except that if 
     the Secretary'';
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively, and indenting appropriately; and
       (iii) in subparagraph (B) (as so redesignated), by striking 
     the period at the end and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(10) is a regulation that--
       ``(A) establishes efficiency standards for bottle-type 
     water dispensers, compartment bottle-type water dispensers, 
     commercial hot food holding cabinets, or portable electric 
     spas; and
       ``(B) is adopted by the California Energy Commission on or 
     before January 1, 2013.''.

     SEC. 7. TEST PROCEDURE PETITION PROCESS.

       (a) Consumer Products Other Than Automobiles.--Section 
     323(b)(1) of the Energy Policy and Conservation Act (42 
     U.S.C. 6293(b)(1)) is amended--
       (1) in subparagraph (A)(i), by striking ``amend'' and 
     inserting ``publish in the Federal Register amended''; and
       (2) by adding at the end the following:
       ``(B) Petitions.--
       ``(i) In general.--In the case of any covered product, any 
     person may petition the Secretary to conduct a rulemaking--

       ``(I) to prescribe a test procedure for the covered 
     product; or
       ``(II) to amend the test procedures applicable to the 
     covered product to more accurately or fully comply with 
     paragraph (3).

       ``(ii) Determination.--The Secretary shall--

       ``(I) not later than 90 days after the date of receipt of 
     the petition, publish the petition in the Federal Register; 
     and
       ``(II) not later than 180 days after the date of receipt of 
     the petition, grant or deny the petition.

       ``(iii) Basis.--The Secretary shall grant a petition if the 
     Secretary finds that the petition contains evidence that, 
     assuming no other evidence was considered, provides an 
     adequate basis for determining that an amended test method 
     would more accurately or fully comply with paragraph (3).
       ``(iv) Effect on other requirements.--The granting of a 
     petition by the Secretary under this subparagraph shall 
     create no presumption with respect to the determination of 
     the Secretary that the proposed test procedure meets the 
     requirements of paragraph (3).
       ``(v) Rulemaking.--

       ``(I) In general.--Except as provided in subclause (II), 
     not later than the end of the 18-month period beginning on 
     the date of granting a petition, the Secretary shall publish 
     an amended test method or a determination not to amend the 
     test method.
       ``(II) Extension.--The Secretary may extend the period 
     described in subclause (I) for 1 additional year.
       ``(III) 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) Certain Industrial Equipment.--Section 343 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6314) is 
     amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) Amendment and petition process.--
       ``(A) In general.--At least once every 7 years, the 
     Secretary shall review test procedures for all covered 
     equipment and--
       ``(i) publish in the Federal Register amended test 
     procedures with respect to any covered equipment, if the 
     Secretary determines that amended test procedures would more 
     accurately or fully comply with paragraphs (2) and (3); or
       ``(ii) publish notice in the Federal Register of any 
     determination not to amend a test procedure.
       ``(B) Petitions.--
       ``(i) In general.--In the case of any class or category of 
     covered equipment, any person may petition the Secretary to 
     conduct a rulemaking--

       ``(I) to prescribe a test procedure for the covered 
     equipment; or
       ``(II) to amend the test procedures applicable to the 
     covered equipment to more accurately or fully comply with 
     paragraphs (2) and (3).

       ``(ii) Determination.--The Secretary shall--

       ``(I) not later than 90 days after the date of receipt of 
     the petition, publish the petition in the Federal Register; 
     and
       ``(II) not later than 180 days after the date of receipt of 
     the petition, grant or deny the petition.

       ``(iii) Basis.--The Secretary shall grant a petition if the 
     Secretary finds that the petition contains evidence that, 
     assuming no other evidence was considered, provides an 
     adequate basis for determining that an amended test method 
     would more accurately promote energy or water use efficiency.
       ``(iv) Effect on other requirements.--The granting of a 
     petition by the Secretary under this paragraph shall create 
     no presumption with respect to the determination of the 
     Secretary that the proposed test procedure meets the 
     requirements of paragraphs (2) and (3).
       ``(v) Rulemaking.--

       ``(I) In general.--Except as provided in subclause (II), 
     not later than the end of the 18-month period beginning on 
     the date of granting a petition, the Secretary shall publish 
     an amended test method or a determination not to amend the 
     test method.
       ``(II) Extension.--The Secretary may extend the period 
     described in subclause (I) for 1 additional year.
       ``(III) Direct final rule.--The Secretary may adopt a 
     consensus test procedure in accordance with the direct final 
     rule procedure established under section 325(p).'';

       (2) by striking subsection (c); and
       (3) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 8. 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)) (as 
     amended by section 7(a)(2)) is amended by adding at the end 
     the following:
       ``(C) 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).
       ``(D) New or amended test procedures.--The Secretary shall 
     direct the National Institute of Standards and Technology to 
     assist in developing new or amended test procedures.''.
       (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.

[[Page S7819]]

       ``(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
       ``(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.--
       ``(A) In general.--The Secretary, after consultation with 
     the Director of the National Institute of Standards and 
     Technology, may incorporate smart grid technologies or 
     capabilities into standards described in subparagraph (B).
       ``(B) Standards.--Standards referred to in subparagraph (A) 
     shall meet the requirements of this section, including 
     through incorporation of--
       ``(i) standards that provide credit for smart grid 
     technologies or capabilities, if 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
       ``(ii) 1 or more performance standards or design 
     requirements, if the required smart grid technologies or 
     capabilities are technologically feasible and provide net 
     benefits, taking into consideration energy, economic, and 
     environmental impacts (including emissions reductions from 
     electrical generation).''.
       (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 Implementation 
     of National Consensus Appliance Agreements Act, 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)(i) on an annual basis; or
       ``(ii) at longer-than-annual intervals, but not less 
     frequently 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 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, in the case of 
     products with water use standards, water use;
       ``(II) the presence or absence of such efficiency related 
     or energy consuming operational characteristics or components 
     that are or may be required as part of a standard as the 
     Secretary determines to be relevant for the purposes of 
     carrying out this part; and
       ``(III) for covered products for which the Secretary may 
     adopt regional standards, shipments to California and 
     regional location of sale; and

       ``(ii) 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.--
       ``(A) In general.--In promulgating regulations under 
     paragraph (1), the Secretary shall consider--
       ``(i) existing public sources of information, including 
     nationally recognized certification or verification programs 
     of trade associations and States; and
       ``(ii)(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.
       ``(B) Coordination with trade associations and states.--In 
     carrying out subparagraph (A)(i), the Secretary shall, to the 
     extent practicable, coordinate with trade associations and 
     States--
       ``(i) to ensure the uniformity of the reporting 
     requirements; and
       ``(ii) to mitigate reporting burdens.
       ``(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.--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) Disclosure of industry aggregated shipment data.--To 
     protect individual company shipment information from public 
     disclosure, the Secretary shall, to the maximum extent 
     practicable, disclose to the public the information required 
     under clauses (i) and (ii) of paragraph (2)(B) in a form that 
     has been aggregated by industry associations that are 
     authorized by manufacturers to report the aggregated 
     information for public disclosure on behalf of the 
     manufacturers.
       ``(6) Limitations.--Nothing in this subsection limits--
       ``(A) the ability of any State to collect information and 
     data from manufacturers, industry or trade associations, or 
     other entities, pursuant to the statutory or regulatory 
     authority of the State;
       ``(B) the application of section 327(a) to any State law 
     (including regulations); or
       ``(C) the authority of the Secretary to require each 
     manufacturer of a covered product to submit information or 
     reports regarding the compliance by the manufacturer with the 
     requirements of this part.
       ``(7) Periodic revisions.--In accordance with each 
     procedure and criteria required under paragraph (1), the 
     Secretary may periodically revise the reporting requirements 
     adopted under this subsection.''.
       (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;

[[Page S7820]]

       ``(ii) a violation of section 332(a)(4) relating to a 
     request by the Secretary under section 326(b)(2); or
       ``(iii) a violation of paragraph (8), (9), or (10) of 
     section 332(a).
       ``(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.
       ``(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) Enforcement.--Section 333 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6303) is amended--
       (1) in subsection (a)--
       (A) by striking the first sentence and inserting the 
     following:
       ``(1) Prohibited acts.--Except as provided in subsection 
     (c), any person who knowingly violates any provision of 
     section 332, or any regulation promulgated pursuant to that 
     section, shall be subject to a civil penalty.'';
       (B) in the second sentence--
       (i) by striking ``Such penalties'' and inserting the 
     following:
       ``(2) Assessment.--The penalties''; and
       (ii) by striking ``violations of section 332(a)(5)'' and 
     inserting ``violations of paragraphs (5), (8), (9), and (10) 
     of section 332(a)'';
       (C) in the third sentence, by striking ``Civil penalties'' 
     and inserting the following:
       ``(3) Compromise.--Civil penalties''; and
       (D) by striking the fourth sentence and inserting the 
     following:
       ``(4) Separate violations.--Each violation of paragraph 
     (1), (2), or (5) of section 332(a) shall constitute a 
     separate violation with respect to each covered product, with 
     a maximum civil penalty of up to $100,000 or $400 per unit, 
     whichever is greater, and each day of violation of paragraph 
     (3), (4), (8), (9), or (10) of section 332(a) shall 
     constitute a separate violation, with a maximum civil penalty 
     of $500 per day.''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking the second sentence; and
       (B) in paragraph (2)(A), by striking ``Unless an election 
     is made within 30 calendar days after receipt of notice under 
     paragraph (1) to have paragraph (3) apply with respect to 
     such penalty,'' and inserting ``If the proposed penalty 
     arises from an alleged violation of paragraph (3), (4), (5), 
     (9), or (10) of section 332(a),'';
       (3) by striking paragraph (3) and inserting the following:
       ``(3) Failure to certify.--If the proposed penalty arises 
     from an alleged failure to certify a covered product as 
     required by section 332(a)(8), the Secretary shall assess the 
     penalty, by order, after an informal adjudication conducted 
     under section 555 of title 5, United States Code.''; and
       (4) in paragraph (4), in the first sentence, by striking 
     ``amount of such penalty'' and inserting ``amount of the 
     penalty, plus interest assessed from the date upon which the 
     assessment of a civil penalty became a final and unappealable 
     order under paragraph (2),''.

     SEC. 9. MEASURING ICEMAKER ENERGY.

       Section 323(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6293(b)) (as amended by section 6(c)) is amended 
     by adding at the end the following:
       ``(24) Refrigerator and freezer test procedure.--
       ``(A) In general.--Not later than January 1, 2011, the 
     Secretary shall finalize the test procedure proposed on May 
     27, 2010, with such modifications as the Secretary determines 
     to be appropriate and consistent with this part.
       ``(B) Rulemaking.--
       ``(i) Initiation.--Not later than January 1, 2012, the 
     Secretary shall initiate a rulemaking to amend the test 
     procedure described in subparagraph (A) only to incorporate 
     measured automatic icemaker energy use.
       ``(ii) Final rule.--Not later than December 31, 2012, the 
     Secretary shall publish a final rule regarding the matter 
     described in clause (i).
       ``(25) Additional home appliance test procedures.--
       ``(A) Final rule.--Not later than October 1, 2011, the 
     Secretary shall publish a final rule amending the residential 
     clothes washer test procedure.
       ``(B) Finalization of test procedure for clothes dryers.--
     Not later than April 1, 2011, the Secretary shall finalize 
     the test procedure for clothes dryers proposed on June 29, 
     2010, with such modifications as the Secretary determines to 
     be appropriate and consistent with this part.
       ``(C) Finalization of test procedure for room air 
     conditioners.--Not later than April 1, 2011, the Secretary 
     shall finalize the test procedure for room air conditioners 
     proposed on June 29, 2010, with such modifications as the 
     Secretary determines to be appropriate and consistent with 
     this part.''.

     SEC. 10. CREDIT FOR ENERGY STAR SMART APPLIANCES.

       Section 324A of the Energy Policy and Conservation Act (42 
     U.S.C. 6294a) is amended by adding at the end the following:
       ``(e) Credit for Smart Appliances.--Not later than 180 days 
     after the date of enactment of this subsection, after 
     soliciting comments pursuant to subsection (c)(5), the 
     Administrator of the Environmental Protection Agency, in 
     cooperation with the Secretary, shall determine whether to 
     update the Energy Star criteria for residential 
     refrigerators, refrigerator-freezers, freezers, dishwashers, 
     clothes washers, clothes dryers, and room air conditioners to 
     incorporate smart grid and demand response features.''.

     SEC. 11. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

       (a) In General.--Part B of title III of the Energy Policy 
     and Conservation Act is amended by inserting after section 
     324A (42 U.S.C. 6294a) the following:

     ``SEC. 324B. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

       ``(a) Initial Study.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall conduct a 
     study of--
       ``(A) video game console energy use; and
       ``(B) opportunities for energy savings regarding that 
     energy use.
       ``(2) Inclusions.--The study under paragraph (1) shall 
     include an assessment of all power-consuming modes and media 
     playback modes of video game consoles.
       ``(b) Action on Completion.--On completion of the initial 
     study under subsection (a), the Secretary shall determine, by 
     regulation, using the criteria and procedures described in 
     section 325(n)(2), whether to initiate a process for 
     establishing minimum energy efficiency standards for video 
     game console energy use.
       ``(c) Follow-up Study.--If the Secretary determines under 
     subsection (b) that standards should not be established, the 
     Secretary shall conduct a follow-up study in accordance with 
     subsection (a) by not later than 3 years after the date of 
     the determination.''.
       (b) Application Date.--Subsection (oo)(1) of section 325 of 
     the Energy Policy and Conservation Act (42 U.S.C. 6295) (as 
     redesignated by sections 4(d)(1) and 6(d)(1)) is amended by 
     inserting ``or section 324B'' after ``subsection (l), (u), or 
     (v)'' each place it appears.

     SEC. 12. REFRIGERATOR AND FREEZER STANDARDS.

       Section 325(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(b)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4) Refrigerators, refrigerator-freezers, and freezers 
     manufactured as of january 1, 2014.--
       ``(A) Definition of built-in product class.--In this 
     paragraph, the term `built-in product class' means a 
     refrigerator, freezer, or refrigerator with a freezer unit 
     that--
       ``(i) is 7.75 cubic feet or greater in total volume and 24 
     inches or less in cabinet depth (not including doors, 
     handles, and custom front panels);
       ``(ii) is designed to be totally encased by cabinetry or 
     panels attached during installation;
       ``(iii) is designed to accept a custom front panel or to be 
     equipped with an integral factory-finished face;

[[Page S7821]]

       ``(iv) is designed to be securely fastened to adjacent 
     cabinetry, walls, or floors; and
       ``(v) has 2 or more sides that are not--

       ``(I) fully finished; and
       ``(II) intended to be visible after installation.

       ``(B) Maximum energy use.--
       ``(i) In general.--Based on the test procedure in effect as 
     of July 9, 2010, the maximum energy use allowed in kilowatt 
     hours per year for each product described in the table 
     contained in clause (ii) (other than refrigerators and 
     refrigerator-freezers with total refrigerated volume 
     exceeding 39 cubic feet and freezers with total refrigerated 
     volume exceeding 30 cubic feet) that is manufactured on or 
     after January 1, 2014, is specified in the table contained in 
     that clause.
       ``(ii) Standards equations.--The allowed maximum energy use 
     referred to in clause (i) is as follows:


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
``Standards Equations
----------------------------------------------------------------------------------------------------------------
Product Description
----------------------------------------------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers
----------------------------------------------------------------------------------------------------------------
Top Freezer w/o TTD ice                                                                           7.35 AV+ 207.0
----------------------------------------------------------------------------------------------------------------
Top Freezer w/ TTD ice                                                                            7.65 AV+ 267.0
----------------------------------------------------------------------------------------------------------------
Side Freezer w/o TTD ice                                                                          3.68 AV+ 380.6
----------------------------------------------------------------------------------------------------------------
Side Freezer w/ TTD ice                                                                            7.58 AV+304.5
----------------------------------------------------------------------------------------------------------------
Bottom Freezer w/o TTD ice                                                                        3.68 AV+ 367.2
----------------------------------------------------------------------------------------------------------------
Bottom Freezer w/ TTD ice                                                                          4.0 AV+ 431.2
----------------------------------------------------------------------------------------------------------------
Manual & Partial Automatic Refrigerator-Freezers
----------------------------------------------------------------------------------------------------------------
Manual Defrost                                                                                    7.06 AV+ 198.7
----------------------------------------------------------------------------------------------------------------
Partial Automatic                                                                                  7.06 AV+198.7
----------------------------------------------------------------------------------------------------------------
All Refrigerators
----------------------------------------------------------------------------------------------------------------
Manual Defrost                                                                                      7.06AV+198.7
----------------------------------------------------------------------------------------------------------------
Automatic Defrost                                                                                 7.35 AV+ 207.0
----------------------------------------------------------------------------------------------------------------
All Freezers
----------------------------------------------------------------------------------------------------------------
Upright with manual defrost                                                                       5.66 AV+ 193.7
----------------------------------------------------------------------------------------------------------------
Upright with automatic defrost                                                                    8.70 AV+ 228.3
----------------------------------------------------------------------------------------------------------------
Chest with manual defrost                                                                         7.41 AV+ 107.8
----------------------------------------------------------------------------------------------------------------
Chest with automatic defrost                                                                     10.33 AV+ 148.1
----------------------------------------------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers-Compact Size
----------------------------------------------------------------------------------------------------------------
Top Freezer and Bottom Freezer                                                                   10.80 AV+ 301.8
----------------------------------------------------------------------------------------------------------------
Side Freezer                                                                                      6.08 AV+ 400.8
----------------------------------------------------------------------------------------------------------------
Manual & Partial Automatic Refrigerator-Freezers-Compact Size
----------------------------------------------------------------------------------------------------------------
Manual Defrost                                                                                    8.03 AV+ 224.3
----------------------------------------------------------------------------------------------------------------
Partial Automatic                                                                                 5.25 AV+ 298.5
----------------------------------------------------------------------------------------------------------------
All Refrigerators-Compact Size
----------------------------------------------------------------------------------------------------------------
Manual defrost                                                                                    8.03 AV+ 224.3
----------------------------------------------------------------------------------------------------------------
Automatic defrost                                                                                 9.53 AV+ 266.3
----------------------------------------------------------------------------------------------------------------
All Freezers-Compact Size
----------------------------------------------------------------------------------------------------------------
Upright with manual defrost                                                                       8.80 AV+ 225.7
----------------------------------------------------------------------------------------------------------------
Upright with automatic defrost                                                                   10.26 AV+ 351.9
----------------------------------------------------------------------------------------------------------------
Chest                                                                                              9.41AV+ 136.8
----------------------------------------------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers-Built-ins
----------------------------------------------------------------------------------------------------------------
Top Freezer w/o TTD ice                                                                           7.84 AV+ 220.8
----------------------------------------------------------------------------------------------------------------
Side Freezer w/o TTD ice                                                                          3.93 AV+ 406.0
----------------------------------------------------------------------------------------------------------------
Side Freezer w/ TTD ice                                                                           8.08 AV+ 324.8
----------------------------------------------------------------------------------------------------------------
Bottom Freezer w/o TTD ice                                                                        3.91 AV+ 390.2
----------------------------------------------------------------------------------------------------------------
Bottom Freezer w/ TTD ice                                                                         4.25 AV+ 458.2
----------------------------------------------------------------------------------------------------------------
All Refrigerators-Built-ins
----------------------------------------------------------------------------------------------------------------

[[Page S7822]]

 
Automatic Defrost                                                                                 7.84 AV+ 220.8
----------------------------------------------------------------------------------------------------------------
All Freezers-Built-ins
----------------------------------------------------------------------------------------------------------------
Upright with automatic defrost                                                                    9.32 AV+ 244.6
----------------------------------------------------------------------------------------------------------------

       ``(iii) Final rules.--

       ``(I) In general.--Except as provided in subclause (II), 
     after the date of publication of each test procedure change 
     made pursuant to section 323(b)(19), in accordance with the 
     procedures described in section 323(e)(2), the Secretary 
     shall publish final rules to amend the standards specified in 
     the table contained in clause (ii).
       ``(II) Exception.--The standards amendment made pursuant to 
     the test procedure change required under section 
     323(b)(19)(B) shall be based on the difference between--

       ``(aa) the average measured automatic ice maker energy use 
     of a representative sample for each product class; and
       ``(bb) the value assumed by the Department of Energy for 
     ice maker energy use in the test procedure published pursuant 
     to section 323(b)(19)(A).

       ``(III) Applicability.--Section 323(e)(3) shall not apply 
     to the rules described in this clause.

       ``(iv) Final rule.--The Secretary shall publish any final 
     rule required by clause (iii) by not later than the later of 
     the date that is 180 days after--

       ``(I) the date of enactment of this clause; or
       ``(II) the date of publication of a final rule to amend the 
     test procedure described in section 323(b)(19).

       ``(v) New product classes.--The Secretary may establish 1 
     or more new product classes as part of the final amended 
     standard adopted pursuant to the test procedure change 
     required under section 323(b)(19)(B) if the 1 or more new 
     product classes are needed to distinguish among products with 
     automatic icemakers.
       ``(vi) Effective dates of standards.--

       ``(I) Standards amendment for first revised test 
     procedure.--A standards amendment adopted pursuant to a test 
     procedure change required under section 323(b)(19)(A) shall 
     apply to any product manufactured as of January 1, 2014.
       ``(II) Standards amendment after revised test procedure for 
     icemaker energy.--An amendment adopted pursuant to a test 
     procedure change required under section 323(b)(19)(B) shall 
     apply to any product manufactured as of the date that is 3 
     years after the date of publication of the final rule 
     amending the standards.

       ``(vii) Slope and intercept adjustments.--

       ``(I) In general.--With respect to refrigerators, freezers, 
     and refrigerator-freezers, the Secretary may, by rule, adjust 
     the slope and intercept of the equations specified in the 
     table contained in clause (ii)--

       ``(aa) based on the energy use of typical products of 
     various sizes in a product class; and
       ``(bb) if the average energy use for each of the classes is 
     the same under the new equations as under the equations 
     specified in the table contained in clause (ii).

       ``(II) Deadline.--If the Secretary adjusts the slope and 
     intercept of an equation described in subclause (I), the 
     Secretary shall publish the final rule containing the 
     adjustment by not later than July 1, 2011.

       ``(viii) Effect.--A final rule published under clause (iii) 
     pursuant to the test procedure change required under section 
     323(b)(19)(B) or pursuant to clause (iv) shall not be 
     considered to be an amendment to the standard for purposes of 
     section 325(m).''.

     SEC. 13. ROOM AIR CONDITIONER STANDARDS.

       Section 325(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(c)) is amended by adding at the end the 
     following:
       ``(3) Minimum energy efficiency ratio of room air 
     conditioners manufactured on or after june 1, 2014.--
       ``(A) In general.--Based on the test procedure in effect as 
     of July 9, 2010, the minimum energy efficiency ratios of room 
     air conditioners manufactured on or after June 1, 2014, shall 
     not be less than that specified in the table contained in 
     subparagraph (B).
       ``(B) Minimum energy efficiency ratios.--The minimum energy 
     efficiency ratios referred to in subparagraph (A) are as 
     follows:


------------------------------------------------------------------------
                   ``Product Description                     Minimum EER
------------------------------------------------------------------------
Without Reverse Cycle w/Louvers
------------------------------------------------------------------------
<6,000 Btu/h                                                        11.2
------------------------------------------------------------------------
6,000 to 7,999 Btu/h                                                11.2
------------------------------------------------------------------------
8,000-13,999 Btu/h                                                  11.0
------------------------------------------------------------------------
14,000 to 19,999 Btu/h                                              10.8
------------------------------------------------------------------------
20,000-27,999 Btu/h                                                  9.4
------------------------------------------------------------------------
$28,000 Btu/h                                                        9.0
------------------------------------------------------------------------
Without Reverse Cycle w/o Louvers
------------------------------------------------------------------------
<6,000 Btu/h                                                        10.2
------------------------------------------------------------------------
6,000 to 7,999 Btu/h                                                10.2
------------------------------------------------------------------------
8,000-10,999 Btu/h                                                   9.7
------------------------------------------------------------------------
11,000-13,999 Btu/h                                                  9.6
------------------------------------------------------------------------
14,000 to 19,999 Btu/h                                               9.4
------------------------------------------------------------------------
$20,000 Btu/h                                                        9.4
------------------------------------------------------------------------
With Reverse Cycle
------------------------------------------------------------------------
<20,000 w/Louvers Btu/h                                              9.9
------------------------------------------------------------------------
$ 20,000 w/Louvers Btu/h                                             9.4
------------------------------------------------------------------------
<14,000 w/o Louvers Btu/h                                            9.4
------------------------------------------------------------------------
$14,000 w/o Louvers Btu/h                                            8.8
------------------------------------------------------------------------
Casement
------------------------------------------------------------------------
Casement Only                                                        9.6
------------------------------------------------------------------------
Casement-Slider                                                     10.5
------------------------------------------------------------------------

       ``(C) Final rule.--
       ``(i) In general.--The final rule to amend the room air 
     conditioner test procedure adopted pursuant to section 
     323(b)(20)(C) shall amend the standards specified in the

[[Page S7823]]

     table contained in subparagraph (B) in accordance with the 
     procedures described in section 323(e)(2).
       ``(ii) Standby and off mode energy consumption.--

       ``(I) In general.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended energy 
     efficiency ratios standards required under clause (i).
       ``(II) Requirements.--The amended standards described in 
     subclause (I) shall reflect the levels of standby and off 
     mode energy consumption that meet the criteria described in 
     section 325(o).

       ``(iii) Applicability.--

       ``(I) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in clause (i).
       ``(II) Amended standards.--The amended standards required 
     by this subparagraph shall apply to products manufactured on 
     or after June 1, 2014.''.

     SEC. 14. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER 
                   HEATERS.

       Section 325(e) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(e)) is amended by adding at the end the 
     following:
       ``(5) Uniform efficiency descriptor for covered water 
     heaters.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Covered water heater.--The term `covered water 
     heater' means--

       ``(I) a water heater; and
       ``(II) a storage water heater, instantaneous water heater, 
     and unfired water storage tank (as defined in section 340).

       ``(ii) Final rule.--The term `final rule' means the final 
     rule published under this paragraph.
       ``(B) Publication of final rule.--Not later than 180 days 
     after the date of enactment of this paragraph, the Secretary 
     shall publish a final rule that establishes a uniform 
     efficiency descriptor and accompanying test methods for 
     covered water heaters.
       ``(C) Purpose.--The purpose of the final rule shall be to 
     replace with a uniform efficiency descriptor--
       ``(i) the energy factor descriptor for water heaters 
     established under this subsection; and
       ``(ii) the thermal efficiency and standby loss descriptors 
     for storage water heaters, instantaneous water heaters, and 
     unfired water storage tanks established under section 
     342(a)(5).
       ``(D) Effect of final rule.--
       ``(i) In general.--Notwithstanding any other provision of 
     this title, effective beginning on the effective date of the 
     final rule, the efficiency standard for covered water heaters 
     shall be denominated according to the efficiency descriptor 
     established by the final rule.
       ``(ii) Effective date.--The final rule shall take effect 1 
     year after the date of publication of the final rule under 
     subparagraph (B).
       ``(E) Conversion factor.--
       ``(i) In general.--The Secretary shall develop a 
     mathematical conversion factor for converting the measurement 
     of efficiency for covered water heaters from the test 
     procedures in effect on the date of enactment of this 
     paragraph to the new energy descriptor established under the 
     final rule.
       ``(ii) Application.--The conversion factor shall apply to 
     models of covered water heaters affected by the final rule 
     and tested prior to the effective date of the final rule.
       ``(iii) Effect on efficiency requirements.--The conversion 
     factor shall not affect the minimum efficiency requirements 
     for covered water heaters otherwise established under this 
     title.
       ``(iv) Use.--During the period described in clause (v), a 
     manufacturer may apply the conversion factor established by 
     the Secretary to rerate existing models of covered water 
     heaters that are in existence prior to the effective date of 
     the rule described in clause (v)(II) to comply with the new 
     efficiency descriptor.
       ``(v) Period.--Subclause (E) shall apply during the 
     period--

       ``(I) beginning on the date of publication of the 
     conversion factor in the Federal Register; and
       ``(II) ending on April 16, 2015.

       ``(F) Exclusions.--The final rule may exclude a specific 
     category of covered water heaters from the uniform efficiency 
     descriptor established under this paragraph if the Secretary 
     determines that the category of water heaters--
       ``(i) does not have a residential use and can be clearly 
     described in the final rule; and
       ``(ii) are effectively rated using the thermal efficiency 
     and standby loss descriptors applied (as of the date of 
     enactment of this paragraph) to the category under section 
     342(a)(5).
       ``(G) Options.--The descriptor set by the final rule may 
     be--
       ``(i) a revised version of the energy factor descriptor in 
     use as of the date of enactment of this paragraph;
       ``(ii) the thermal efficiency and standby loss descriptors 
     in use as of that date;
       ``(iii) a revised version of the thermal efficiency and 
     standby loss descriptors;
       ``(iv) a hybrid of descriptors; or
       ``(v) a new approach.
       ``(H) Application.--The efficiency descriptor and 
     accompanying test method established under the final rule 
     shall apply, to the maximum extent practicable, to all water 
     heating technologies in use as of the date of enactment of 
     this paragraph and to future water heating technologies.
       ``(I) Participation.--The Secretary shall invite interested 
     stakeholders to participate in the rulemaking process used to 
     establish the final rule.
       ``(J) Testing of alternative descriptors.--In establishing 
     the final rule, the Secretary shall contract with the 
     National Institute of Standards and Technology, as necessary, 
     to conduct testing and simulation of alternative descriptors 
     identified for consideration.
       ``(K) Existing covered water heaters.--A covered water 
     heater shall be considered to comply with the final rule on 
     and after the effective date of the final rule and with any 
     revised labeling requirements established by the Federal 
     Trade Commission to carry out the final rule if the covered 
     water heater--
       ``(i) was manufactured prior to the effective date of the 
     final rule; and
       ``(ii) complied with the efficiency standards and labeling 
     requirements in effect prior to the final rule.''.

     SEC. 15. CLOTHES DRYERS.

       Section 325(g)(4) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(g)(4)) is amended by adding at the end the 
     following:
       ``(D) Minimum energy factors for clothes dryers.--
       ``(i) In general.--Based on the test procedure in effect as 
     of July 9, 2010, clothes dryers manufactured on or after 
     January 1, 2015, shall comply with the minimum energy factors 
     specified in the table contained in clause (ii).
       ``(ii) New standards.--The minimum energy factors referred 
     to in clause (i) are as follows:


------------------------------------------------------------------------
                   ``Product Description                          EF
------------------------------------------------------------------------
Vented Electric Standard...................................         3.17
------------------------------------------------------------------------
Vented Electric Compact 120V...............................         3.29
------------------------------------------------------------------------
Vented Electric Compact 240V...............................         3.05
------------------------------------------------------------------------
Vented Gas.................................................         2.81
------------------------------------------------------------------------
Vent-Less Electric Compact 240V............................         2.37
------------------------------------------------------------------------
Vent-Less Electric Combination Washer/Dryer................         1.95
------------------------------------------------------------------------

       ``(iii) Final rule.--

       ``(I) Requirements.--

       ``(aa) In general.--Except as provided in item (bb), the 
     final rule to amend the clothes dryer test procedure adopted 
     pursuant to section 323(b)(20)(B) shall amend the energy 
     factors standards specified in the table contained in clause 
     (ii) in accordance with the procedures described in section 
     323(e)(2).
       ``(bb) Exception.--To establish a representative sample of 
     compliant products, the Secretary shall select a sample of 
     minimally compliant dryers that automatically terminate the 
     drying cycle at not less than 4 percent remaining moisture 
     content.

       ``(II) Standby and off mode energy consumption.--

       ``(aa) Integration.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended standards 
     required under subclause (I).
       ``(bb) Requirements.--The amended standards described in 
     item (aa) shall reflect levels of standby and off mode energy 
     consumption that meet the criteria described in section 
     325(o).

       ``(III) Applicability.--

       ``(aa) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in subclause (I).
       ``(bb) Amended standards.--The amended standards required 
     by this clause shall apply to products manufactured on or 
     after January 1, 2015.''.

     SEC. 16. STANDARDS FOR CLOTHES WASHERS.

       Section 325(g)(9) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(g)(9)) is amended by striking subparagraph 
     (B) and inserting the following:
       ``(B) Amendment of standards.--
       ``(i) Products manufactured as of january 1, 2015.--

       ``(I) In general.--Based on the test procedure in effect as 
     of July 9, 2010, clothes washers manufactured as of January 
     1, 2015, shall comply with the minimum modified energy 
     factors and maximum water factors specified in the table 
     contained in subclause (II).
       ``(II) Standards.--The minimum modified energy factors and 
     maximum water factors referred to in subclause (I) are as 
     follows:


 
 
------------------------------------------------------------------------
                                                         ``MEF       WF
------------------------------------------------------------------------
Top Loading--Standard                                     1.72      8.0
------------------------------------------------------------------------
Top Loading--Compact                                      1.26     14.0
------------------------------------------------------------------------
Front Loading--Standard                                    2.2      4.5
------------------------------------------------------------------------
Front Loading--Compact (less than 1.6 cu. ft.             1.72      8.0
 capacity)
------------------------------------------------------------------------

       ``(ii) Products manufactured on or after january 1, 2018.--

       ``(I) In general.--Based on the test procedure in effect as 
     of July 9, 2010, top-loading clothes washers manufactured on 
     or after January 1, 2018, shall comply with the minimum 
     modified energy factors and maximum water factors specified 
     in the table contained in subclause (II).
       ``(II) Standards.--The minimum modified energy factors and 
     maximum water factors referred to in subclause (I) are as 
     follows:


[[Page S7824]]



 
 
------------------------------------------------------------------------
                                                         ``MEF       WF
------------------------------------------------------------------------
Top Loading--Standard                                      2.0      6.0
------------------------------------------------------------------------
Top Loading--Compact                                      1.81     11.6
------------------------------------------------------------------------

       ``(iii) Final rule.--

       ``(I) In general.--The final rule to amend the clothes 
     washer test procedure adopted pursuant to section 
     323(b)(20)(A) shall amend the standards described in clauses 
     (i) and (ii) in accordance with the procedures described in 
     section 323(e)(2).
       ``(II) Standby and off mode energy consumption.--

       ``(aa) Integration.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended modified 
     energy factor standards required under subclause (I).
       ``(bb) Requirements.--The amended modified energy factor 
     standards described in item (aa) shall reflect levels of 
     standby and off mode energy consumption that meet the 
     criteria described in section 325(o).

       ``(III) Applicability.--

       ``(aa) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in subclause (I).
       ``(bb) Amended standards for products manufactured on or 
     after january 1, 2015.--Amended standards required by this 
     clause that are based on clause (i) shall apply to products 
     manufactured on or after January 1, 2015.
       ``(cc) Amended standards for products manufactured on or 
     after january 1, 2018.--Amended standards required by this 
     clause that are based on clause (ii) shall apply to products 
     manufactured on or after January 1, 2018.''.

     SEC. 17. DISHWASHERS.

       Section 325(g)(10) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(g)(10)) is amended--
       (1) by striking subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (D); 
     and
       (3) by inserting before subparagraph (D) (as redesignated 
     by paragraph (2)) the following:
       ``(A) Dishwashers manufactured on or after january 1, 
     2010.--A dishwasher manufactured on or after January 1, 2010, 
     shall--
       ``(i) for a standard size dishwasher, not exceed 355 
     kilowatt hours per year and 6.5 gallons per cycle; and
       ``(ii) for a compact size dishwasher, not exceed 260 
     kilowatt hours per year and 4.5 gallons per cycle.
       ``(B) Dishwashers manufactured on or after january 1, 
     2013.--A dishwasher manufactured on or after January 1, 2013, 
     shall--
       ``(i) for a standard size dishwasher, not exceed 307 
     kilowatt hours per year and 5.0 gallons per cycle; and
       ``(ii) for a compact size dishwasher, not exceed 222 
     kilowatt hours per year and 3.5 gallons per cycle.
       ``(C) Requirements of final rules.--
       ``(i) In general.--Any final rule to amend the dishwasher 
     test procedure after July 9, 2010, and before January 1, 
     2013, shall amend the standards described in subparagraph (B) 
     in accordance with the procedures described in section 
     323(e)(2).
       ``(ii) Applicability.--

       ``(I) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in clause (i).
       ``(II) Amended standards.--The amended standards required 
     by this subparagraph shall apply to products manufactured on 
     or after January 1, 2013.''.

     SEC. 18. STANDARDS FOR CERTAIN INCANDESCENT REFLECTOR LAMPS 
                   AND REFLECTOR LAMPS.

       Section 325(i) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(i)) is amended by adding at the end the 
     following:
       ``(9) Certain incandescent reflector lamps.--
       ``(A) In general.--Not later than July 1, 2011, the 
     Secretary shall publish a final rule establishing standards 
     for incandescent reflector lamp types described in paragraph 
     (1)(D)(i).
       ``(B) Effective date.--The standards described in 
     subparagraph (A) shall take effect on July 1, 2013.
       ``(C) Standards.--In conducting a rulemaking for 
     incandescent reflector lamps under this paragraph after the 
     date of enactment of this paragraph, the Secretary shall 
     consider the standards for all incandescent reflector lamps, 
     including lamp types described in paragraph (1)(D)(i).
       ``(10) Reflector lamps.--
       ``(A) In general.--Not later than January 1, 2015, the 
     Secretary shall publish a final rule establishing and 
     amending standards for reflector lamps, including 
     incandescent reflector lamps.
       ``(B) Administration.--In conducting the rulemaking for 
     reflector lamps under this paragraph, the Secretary shall 
     consider--
       ``(i) incandescent and nonincandescent technologies; and
       ``(ii) a new metric, other than lumens per watt, that is 
     based on the photometric distribution of those lamps.
       ``(C) Effective date.--The standards described in 
     subparagraph (A) shall take effect not earlier than the date 
     that is 3 years after the date of publication of the final 
     rule, as determined by the Secretary.''.

     SEC. 19. PETITION FOR AMENDED STANDARDS.

       Section 325(n) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(n)) is amended--
       (1) by redesignating paragraph (3) as paragraph (5); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Notice of decision.--Not later than 180 days after 
     the date of receiving a petition, the Secretary shall publish 
     in the Federal Register a notice of, and explanation for, the 
     decision of the Secretary to grant or deny the petition.
       ``(4) New or amended standards.--Not later than 3 years 
     after the date of granting a petition for new or amended 
     standards, the Secretary shall publish in the Federal 
     Register--
       ``(A) a final rule that contains the new or amended 
     standards; or
       ``(B) a determination that no new or amended standards are 
     necessary.''.

     SEC. 20. 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. 21. PROHIBITED ACTS.

       Section 332(a) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6302(a)) is amended--
       (1) in paragraph (1), by striking ``for any manufacturer or 
     private labeler to distribute'' and inserting ``for any 
     manufacturer (or representative of a manufacturer), 
     distributor, retailer, or private labeler to offer for sale 
     or distribute'';
       (2) by striking paragraph (5) and inserting the following:
       ``(5) for any manufacturer (or representative of a 
     manufacturer), distributor, retailer, or private labeler--
       ``(A) to offer for sale or distribute in commerce any new 
     covered product that is not in conformity with an applicable 
     energy conservation standard established in or prescribed 
     under this part; or
       ``(B) if the standard is a regional standard that is more 
     stringent than the base national standard, to offer for sale 
     or distribute in commerce any new covered product having 
     knowledge (consistent with the definition of `knowingly' in 
     section 333(b)) that the product will be installed at a 
     location covered by a regional standard established in or 
     prescribed under this part and will not be in conformity with 
     the standard;'';
       (3) in paragraph (6) (as added by section 306(b)(2) of 
     Public Law 110-140 (121 Stat. 1559)), by striking the period 
     at the end and inserting a semicolon;

[[Page S7825]]

       (4) by redesignating paragraph (6) (as added by section 
     321(e)(3) of Public Law 110-140 (121 Stat. 1586)) as 
     paragraph (7);
       (5) in paragraph (7) (as so redesignated)--
       (A) by striking ``for any manufacturer, distributor, 
     retailer, or private labeler to distribute'' and inserting 
     ``for any manufacturer (or representative of a manufacturer), 
     distributor, retailer, or private labeler to offer for sale 
     or distribute''; and
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (6) by inserting after paragraph (7) (as so redesignated) 
     the following:
       ``(8) for any manufacturer or private labeler to distribute 
     in commerce any new covered product that has not been 
     properly certified in accordance with the requirements 
     established in or prescribed under this part;
       ``(9) for any manufacturer or private labeler to distribute 
     in commerce any new covered product that has not been 
     properly tested in accordance with the requirements 
     established in or prescribed under this part; and
       ``(10) for any manufacturer or private labeler to violate 
     any regulation lawfully promulgated to implement any 
     provision of this part.''.

     SEC. 22. 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--
       (A) by redesignating paragraphs (22) and (23) (as amended 
     by sections 312(a)(2) and 314(a) of the Energy Independence 
     and Security Act of 2007 (121 Stat. 1564, 1569)) as 
     paragraphs (23) and (24), respectively; and
       (B) by adding at the end the following:
       ``(25) 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.
       ``(26) 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.
       ``(27) 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.
       ``(28) 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.
       ``(29) 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.
       ``(30) 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.
       ``(31) 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.
       ``(32) 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.
       ``(33) 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.
       ``(34) 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.
       ``(35) 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

[[Page S7826]]

       ``(B) is marked and marketed for specialty applications 
     only.
       ``(36) Target efficacy rating.--The term `target efficacy 
     rating' means a measure of luminous efficacy of a luminaire 
     (as defined in NEMA LE-6-2009).
       ``(37) 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 principle 
     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
       ``(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

[[Page S7827]]

     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)(B) 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)(B) calculated in accordance with clause 
     (i); or
       ``(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)(B) 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)(B) 
     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)(B) 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

[[Page S7828]]

     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. 23. STANDARDS FOR COMMERCIAL FURNACES.

       Section 342(a) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(a)) is amended by adding at the end the 
     following:
       ``(11) Warm air furnaces with an input rating of 225,000 
     Btu per hour or more and manufactured after January 1, 2011, 
     shall meet the following standard levels:
       ``(A) Gas-fired units shall--
       ``(i) have a minimum combustion efficiency of 80 percent;
       ``(ii) include an interrupted or intermittent ignition 
     device;
       ``(iii) have jacket losses not exceeding 0.75 percent of 
     the input rating; and
       ``(iv) have power venting or a flue damper.
       ``(B) Oil-fired units shall have--
       ``(i) a minimum thermal efficiency of 81 percent;
       ``(ii) jacket losses not exceeding 0.75 percent of the 
     input rating; and
       ``(iii) power venting or a flue damper.''.

     SEC. 24. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                   TEMPERATURE COMMERCIAL REFRIGERATORS.

       Section 342(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(c)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (B) by inserting after subparagraph (B) the following:
       ``(C) The term `service over the counter, self-contained, 
     medium temperature commercial refrigerator' or `(SOC-SC-M)' 
     means a medium temperature commercial refrigerator--
       ``(i) with a self-contained condensing unit and equipped 
     with sliding or hinged doors in the back intended for use by 
     sales personnel, and with glass or other transparent material 
     in the front for displaying merchandise; and
       ``(ii) that has a height not greater than 66 inches and is 
     intended to serve as a counter for transactions between sales 
     personnel and customers.
       ``(D) The term `TDA' means the total display area (ft\2\) 
     of the refrigerated case, as defined in AHRI Standard 
     1200.'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Each SOC-SC-M manufactured on or after January 1, 
     2012, shall have a total daily energy consumption (in 
     kilowatt hours per day) of not more than 0.6 x TDA + 1.0.''.

     SEC. 25. MOTOR MARKET ASSESSMENT AND COMMERCIAL AWARENESS 
                   PROGRAM.

       (a) Findings.--Congress finds that--
       (1) electric motor systems account for about half of the 
     electricity used in the United States;
       (2) electric motor energy use is determined by both the 
     efficiency of the motor and the system in which the motor 
     operates;
       (3) Federal Government research on motor end use and 
     efficiency opportunities is more than a decade old; and
       (4) the Census Bureau has discontinued collection of data 
     on motor and generator importation, manufacture, shipment, 
     and sales.
       (b) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Interested parties.--The term ``interested parties'' 
     includes--
       (A) trade associations;
       (B) motor manufacturers;
       (C) motor end users;
       (D) electric utilities; and
       (E) individuals and entities that conduct energy efficiency 
     programs.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy, in consultation with interested parties.
       (c) Assessment.--The Secretary shall conduct an assessment 
     of electric motors and the electric motor market in the 
     United States that shall--
       (1) include important subsectors of the industrial and 
     commercial electric motor market (as determined by the 
     Secretary), including--
       (A) the stock of motors and motor-driven equipment;
       (B) efficiency categories of the motor population; and
       (C) motor systems that use drives, servos, and other 
     control technologies;
       (2) characterize and estimate the opportunities for 
     improvement in the energy efficiency of motor systems by 
     market segment, including opportunities for--
       (A) expanded use of drives, servos, and other control 
     technologies;
       (B) expanded use of process control, pumps, compressors, 
     fans or blowers, and material handling components; and
       (C) substitution of existing motor designs with existing 
     and future advanced motor designs, including electronically 
     commutated permanent magnet, interior permanent magnet, and 
     switched reluctance motors; and
       (3) develop an updated profile of motor system purchase and 
     maintenance practices, including surveying the number of 
     companies that have motor purchase and repair specifications, 
     by company size, number of employees, and sales.
       (d) Recommendations; Update.--Based on the assessment 
     conducted under subsection (c), the Secretary shall--
       (1) develop--
       (A) recommendations to update the detailed motor profile on 
     a periodic basis;
       (B) methods to estimate the energy savings and market 
     penetration that is attributable to the Save Energy Now 
     Program of the Department; and
       (C) recommendations for the Director of the Census Bureau 
     on market surveys that should be undertaken in support of the 
     motor system activities of the Department; and
       (2) prepare an update to the Motor Master+ program of the 
     Department.
       (e) Program.--Based on the assessment, recommendations, and 
     update required under subsections (c) and (d), the Secretary 
     shall establish a proactive, national program targeted at 
     motor end-users and delivered in cooperation with interested 
     parties to increase awareness of--
       (1) the energy and cost-saving opportunities in commercial 
     and industrial facilities using higher efficiency electric 
     motors;
       (2) improvements in motor system procurement and management 
     procedures in the selection of higher efficiency electric 
     motors and motor-system components, including drives, 
     controls, and driven equipment; and
       (3) criteria for making decisions for new, replacement, or 
     repair motor and motor system components.

     SEC. 26. STUDY OF COMPLIANCE WITH ENERGY STANDARDS FOR 
                   APPLIANCES.

       (a) In General.--The Secretary shall conduct a study of the 
     degree of compliance with energy standards for appliances, 
     including an investigation of compliance rates and options 
     for improving compliance, including enforcement.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report describing the 
     results of the study, including any recommendations.

     SEC. 27. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY IN 
                   CERTAIN BUILDINGS.

       (a) In General.--The Secretary shall conduct a study--
       (1) of the costs and benefits (including significant energy 
     efficiency, power quality, and other power grid, safety, and 
     environmental benefits) of requiring high-quality, direct 
     current electricity supply in certain buildings; and
       (2) to determine, if the requirement described in paragraph 
     (1) is imposed, what the policy and role of the Federal 
     Government should be in realizing those benefits.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report describing the 
     results of the study, including any recommendations.

     SEC. 28. TECHNICAL CORRECTIONS.

       (a) Title III of Energy Independence and Security Act of 
     2007--Energy Savings Through Improved Standards for 
     Appliances and Lighting.--
       (1) Section 325(u) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1550)) is amended--
       (A) by redesignating paragraph (7) as paragraph (4); and
       (B) in paragraph (4) (as so redesignated), by striking 
     ``supplies is'' and inserting ``supply is''.
       (2) Section 302(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1551)) is amended by striking 
     ``6313(a)'' and inserting ``6314(a)''.
       (3) Section 342(a)(6) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) 
     of the Energy Independence and Security Act of 2007 (121 
     Stat. 1554)) is amended--
       (A) in subparagraph (B)--
       (i) by striking ``If the Secretary'' and inserting the 
     following:
       ``(i) In general.--If the Secretary'';
       (ii) by striking ``clause (ii)(II)'' and inserting 
     ``subparagraph (A)(ii)(II)'';
       (iii) by striking ``clause (i)'' and inserting 
     ``subparagraph (A)(i)''; and
       (iv) by adding at the end the following:
       ``(ii) Factors.--In determining whether a standard is 
     economically justified for the

[[Page S7829]]

     purposes of subparagraph (A)(ii)(II), the Secretary shall, 
     after receiving views and comments furnished with respect to 
     the proposed standard, determine whether the benefits of the 
     standard exceed the burden of the proposed standard by, to 
     the maximum extent practicable, considering--

       ``(I) the economic impact of the standard on the 
     manufacturers and on the consumers of the products subject to 
     the standard;
       ``(II) the savings in operating costs throughout the 
     estimated average life of the product in the type (or class) 
     compared to any increase in the price of, or in the initial 
     charges for, or maintenance expenses of, the products that 
     are likely to result from the imposition of the standard;
       ``(III) the total projected quantity of energy savings 
     likely to result directly from the imposition of the 
     standard;
       ``(IV) any lessening of the utility or the performance of 
     the products likely to result from the imposition of the 
     standard;
       ``(V) the impact of any lessening of competition, as 
     determined in writing by the Attorney General, that is likely 
     to result from the imposition of the standard;
       ``(VI) the need for national energy conservation; and
       ``(VII) other factors the Secretary considers relevant.

       ``(iii) Administration.--

       ``(I) Energy use and efficiency.--The Secretary may not 
     prescribe any amended standard under this paragraph that 
     increases the maximum allowable energy use, or decreases the 
     minimum required energy efficiency, of a covered product.
       ``(II) Unavailability.--

       ``(aa) In general.--The Secretary may not prescribe an 
     amended standard under this subparagraph if the Secretary 
     finds (and publishes the finding) that interested persons 
     have established by a preponderance of the evidence that a 
     standard is likely to result in the unavailability in the 
     United States in any product type (or class) of performance 
     characteristics (including reliability, features, sizes, 
     capacities, and volumes) that are substantially the same as 
     those generally available in the United States at the time of 
     the finding of the Secretary.
       ``(bb) Other types or classes.--The failure of some types 
     (or classes) to meet the criterion established under this 
     subclause shall not affect the determination of the Secretary 
     on whether to prescribe a standard for the other types or 
     classes.''; and
       (B) in subparagraph (C)(iv), by striking ``An amendment 
     prescribed under this subsection'' and inserting 
     ``Notwithstanding subparagraph (D), an amendment prescribed 
     under this subparagraph''.
       (4) Section 342(a)(6)(B)(iii) of the Energy Policy and 
     Conservation Act (as added by section 306(c) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1559)) is 
     transferred and redesignated as clause (vi) of section 
     342(a)(6)(C) of the Energy Policy and Conservation Act (as 
     amended by section 305(b)(2) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1554).
       (5) Section 345 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6316) (as amended by section 312(e) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1567)) is 
     amended--
       (A) by striking ``subparagraphs (B) through (G)'' each 
     place it appears and inserting ``subparagraphs (B), (C), (D), 
     (I), (J), and (K)'';
       (B) by striking ``part A'' each place it appears and 
     inserting ``part B''; and
       (C) in subsection (h)(3), by striking ``section 342(f)(3)'' 
     and inserting ``section 342(f)(4)''.
       (6) Section 340(13) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6311(13)) (as amended by section 313(a) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1568)) is amended--
       (A) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) In general.--The term `electric motor' means any of 
     the following:
       ``(i) A motor that is a general purpose T-frame, single-
     speed, foot-mounting, polyphase squirrel-cage induction motor 
     of the National Electrical Manufacturers Association, Design 
     A and B, continuous rated, operating on 230/460 volts and 
     constant 60 Hertz line power as defined in NEMA Standards 
     Publication MG1-1987.
       ``(ii) A motor incorporating the design elements described 
     in clause (i), but is configured to incorporate 1 or more of 
     the following variations:

       ``(I) U-frame motor.
       ``(II) NEMA Design C motor.
       ``(III) Close-coupled pump motor.
       ``(IV) Footless motor.
       ``(V) Vertical solid shaft normal thrust motor (as tested 
     in a horizontal configuration).
       ``(VI) 8-pole motor.
       ``(VII) Poly-phase motor with a voltage rating of not more 
     than 600 volts (other than 230 volts or 460 volts, or both, 
     or can be operated on 230 volts or 460 volts, or both).''; 
     and

       (B) by redesignating subparagraphs (C) through (I) as 
     subparagraphs (B) through (H), respectively.
       (7)(A) Section 342(b) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6313(b)) is amended--
       (i) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraph (3)'';
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4);
       (iii) by inserting after paragraph (1) the following:
       ``(2) Standards effective beginning december 19, 2010.--
       ``(A) In general.--Except for definite purpose motors, 
     special purpose motors, and those motors exempted by the 
     Secretary under paragraph (3) and except as provided for in 
     subparagraphs (B), (C), and (D), each electric motor 
     manufactured with power ratings from 1 to 200 horsepower 
     (alone or as a component of another piece of equipment) on or 
     after December 19, 2010, shall have a nominal full load 
     efficiency of not less than the nominal full load efficiency 
     described in NEMA MG-1 (2006) Table 12-12.
       ``(B) Fire pump electric motors.--Except for those motors 
     exempted by the Secretary under paragraph (3), each fire pump 
     electric motor manufactured with power ratings from 1 to 200 
     horsepower (alone or as a component of another piece of 
     equipment) on or after December 19, 2010, shall have a 
     nominal full load efficiency that is not less than the 
     nominal full load efficiency described in NEMA MG-1 (2006) 
     Table 12-11.
       ``(C) NEMA design b electric motors.--Except for those 
     motors exempted by the Secretary under paragraph (3), each 
     NEMA Design B electric motor with power ratings of more than 
     200 horsepower, but not greater than 500 horsepower, 
     manufactured (alone or as a component of another piece of 
     equipment) on or after December 19, 2010, shall have a 
     nominal full load efficiency of not less than the nominal 
     full load efficiency described in NEMA MG-1 (2006) Table 12-
     11.
       ``(D) Motors incorporating certain design elements.--Except 
     for those motors exempted by the Secretary under paragraph 
     (3), each electric motor described in section 340(13)(A)(ii) 
     manufactured with power ratings from 1 to 200 horsepower 
     (alone or as a component of another piece of equipment) on or 
     after December 19, 2010, shall have a nominal full load 
     efficiency of not less than the nominal full load efficiency 
     described in NEMA MG-1 (2006) Table 12-11.''; and
       (iv) in paragraph (3) (as redesignated by clause (ii)), by 
     striking ``paragraph (1)'' each place it appears in 
     subparagraphs (A) and (D) and inserting ``paragraphs (1) and 
     (2)''.
       (B) Section 313 of the Energy Independence and Security Act 
     of 2007 (121 Stat. 1568) is repealed.
       (C) The amendments made by--
       (i) subparagraph (A) take effect on December 19, 2010; and
       (ii) subparagraph (B) take effect on December 19, 2007.
       (8) Section 321(30)(D)(i)(III) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended 
     by section 321(a)(1)(A) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1574)) is amended by 
     inserting before the semicolon the following: ``or, in the 
     case of a modified spectrum lamp, not less than 232 lumens 
     and not more than 1,950 lumens''.
       (9) Section 321(30)(T) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(T) (as amended by 
     section 321(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1574)) is amended--
       (A) in clause (i)--
       (i) by striking the comma after ``household appliance'' and 
     inserting ``and''; and
       (ii) by striking ``and is sold at retail,''; and
       (B) in clause (ii), by inserting ``when sold at retail,'' 
     before ``is designated''.
       (10) Section 325(i) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(i)) (as amended by sections 321(a)(3)(A) 
     and 322(b) of the Energy Independence and Security Act of 
     2007 (121 Stat. 1577, 1588)) is amended by striking the 
     subsection designation and all that follows through the end 
     of paragraph (8) and inserting the following:
       ``(i) General Service Fluorescent Lamps, General Service 
     Incandescent Lamps, Intermediate Base Incandescent Lamps, 
     Candelabra Base Incandescent Lamps, and Incandescent 
     Reflector Lamps.--
       ``(1) Energy efficiency standards.--
       ``(A) In general.--Each of the following general service 
     fluorescent lamps, general service incandescent lamps, 
     intermediate base incandescent lamps, candelabra base 
     incandescent lamps, and incandescent reflector lamps 
     manufactured after the effective date specified in the tables 
     listed in this subparagraph shall meet or exceed the 
     standards established in the following tables:


                                               ``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective Date
           Lamp Type               Nominal Lamp       Minimum CRI       Minimum Average Lamp        (Period of
                                      Wattage                              Efficacy (LPW)            Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin...........        >35 W              69                    75.0                    36
  .............................        >35 W              45                    75.0                    36

[[Page S7830]]

 
2-foot U-shaped................        >35 W              69                    68.0                    36
                                        35 W              45                    64.0                    36
8-foot slimline................        >65 W              69                    80.0                    18
                                       65 W               45                    80.0                    18
8-foot high output.............       >100 W              69                    80.0                    18
                                       100 W              45                    80.0                    18
----------------------------------------------------------------------------------------------------------------


                     ``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
                                                          Effective Date
    Nominal Lamp  Wattage         Minimum Average Lamp      (Period of
                                     Efficacy (LPW)           Months)
------------------------------------------------------------------------
 40-50.......................             10.5                  36
 51-66.......................             11.0                  36
 67-85.......................             12.5                  36
 86-115......................             14.0                  36
116-155......................             14.5                  36
156-205......................             15.0                  36
------------------------------------------------------------------------



                                      ``GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
   Rated Lumen                                                         Minimum Rated      Effective
      Ranges                    Maximum Rated Wattage                    Lifetime           Date
----------------------------------------------------------------------------------------------------
1490-2600          72                                                       1,000 hrs      1/1/2012
1050-1489          53                                                       1,000 hrs      1/1/2013
750-1049           43                                                       1,000 hrs      1/1/2014
 310-749           29                                                       1,000 hrs      1/1/2014
----------------------------------------------------------------------------------------------------------------



                             ``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
   Rated Lumen                                                         Minimum Rated      Effective
      Ranges                    Maximum Rated Wattage                    Lifetime           Date
----------------------------------------------------------------------------------------------------
1118-1950          72                                                       1,000 hrs      1/1/2012
788-1117           53                                                       1,000 hrs      1/1/2013
 563-787           43                                                       1,000 hrs      1/1/2014
 232-562           29                                                       1,000 hrs      1/1/2014
----------------------------------------------------------------------------------------------------------------

       ``(B) Application.--
       ``(i) Application criteria.--This subparagraph applies to 
     each lamp that--

       ``(I) is intended for a general service or general 
     illumination application (whether incandescent or not);
       ``(II) has a medium screw base or any other screw base not 
     defined in ANSI C81.61-2006;
       ``(III) is capable of being operated at a voltage at least 
     partially within the range of 110 to 130 volts; and
       ``(IV) is manufactured or imported after December 31, 2011.

       ``(ii) Requirement.--For purposes of this paragraph, each 
     lamp described in clause (i) shall have a color rendering 
     index that is greater than or equal to--

       ``(I) 80 for nonmodified spectrum lamps; or
       ``(II) 75 for modified spectrum lamps.

       ``(C) Candelabra incandescent lamps and intermediate base 
     incandescent lamps.--
       ``(i) Candelabra base incandescent lamps.--Effective 
     beginning January 1, 2012, a candelabra base incandescent 
     lamp shall not exceed 60 rated watts.
       ``(ii) Intermediate base incandescent lamps.--Effective 
     beginning January 1, 2012, an intermediate base incandescent 
     lamp shall not exceed 40 rated watts.
       ``(D) Exemptions.--
       ``(i) Statutory exemptions.--The standards specified in 
     subparagraph (A) shall not apply to the following types of 
     incandescent reflector lamps:

       ``(I) Lamps rated at 50 watts or less that are ER30, BR30, 
     BR40, or ER40 lamps.
       ``(II) Lamps rated at 65 watts that are BR30, BR40, or ER40 
     lamps.
       ``(III) R20 incandescent reflector lamps rated 45 watts or 
     less.

       ``(ii) Administrative exemptions.--

       ``(I) Petition.--Any person may petition the Secretary for 
     an exemption for a type of general service lamp from the 
     requirements of this subsection.
       ``(II) Criteria.--The Secretary may grant an exemption 
     under subclause (I) only to the extent that the Secretary 
     finds, after a hearing and opportunity for public comment, 
     that it is not technically feasible to serve a specialized 
     lighting application (such as a military, medical, public 
     safety, or certified historic lighting application) using a 
     lamp that meets the requirements of this subsection.
       ``(III) Additional criterion.--To grant an exemption for a 
     product under this clause , the Secretary shall include, as 
     an additional criterion, that the exempted product is 
     unlikely to be used in a general service lighting 
     application.

       ``(E) Extension of coverage.--
       ``(i) Petition.--Any person may petition the Secretary to 
     establish standards for lamp shapes or bases that are 
     excluded from the definition of general service lamps.
       ``(ii) Increased sales of exempted lamps.--The petition 
     shall include evidence that the availability or sales of 
     exempted incandescent lamps have increased significantly 
     since the date on which the standards on general service 
     incandescent lamps were established.
       ``(iii) Criteria.--The Secretary shall grant a petition 
     under clause (i) if the Secretary finds that--

       ``(I) the petition presents evidence that demonstrates that 
     commercial availability or sales of exempted incandescent 
     lamp types have increased significantly since the standards 
     on general service lamps were established and likely are 
     being widely used in general lighting applications; and
       ``(II) significant energy savings could be achieved by 
     covering exempted products, as determined by the Secretary 
     based in part on sales data provided to the Secretary from 
     manufacturers and importers.

       ``(iv) No presumption.--The grant of a petition under this 
     subparagraph shall create no presumption with respect to the 
     determination of the Secretary with respect to any criteria 
     under a rulemaking conducted under this section.
       ``(v) Expedited proceeding.--If the Secretary grants a 
     petition for a lamp shape or base under this subparagraph, 
     the Secretary shall--

       ``(I) conduct a rulemaking to determine standards for the 
     exempted lamp shape or base; and
       ``(II) complete the rulemaking not later than 18 months 
     after the date on which notice is provided granting the 
     petition.

       ``(F) Effective dates.--
       ``(i) In general.--In this paragraph, except as otherwise 
     provided in a table contained in subparagraph (A) or in 
     clause (ii), the term `effective date' means the last day of 
     the month specified in the table that follows October 24, 
     1992.
       ``(ii) Special effective dates.--

       ``(I) ER, br, and bpar lamps.--The standards specified in 
     subparagraph (A) shall apply with respect to ER incandescent 
     reflector lamps, BR incandescent reflector lamps, BPAR 
     incandescent reflector lamps, and similar bulb shapes on and 
     after January 1, 2008, or the date that is 180 days after the 
     date of enactment of the Energy Independence and Security Act 
     of 2007.
       ``(II) Lamps between 2.25-2.75 inches in diameter.--The 
     standards specified in subparagraph (A) shall apply with 
     respect to incandescent reflector lamps with a diameter of

[[Page S7831]]

     more than 2.25 inches, but not more than 2.75 inches, on and 
     after the later of January 1, 2008, or the date that is 180 
     days after the date of enactment of the Energy Independence 
     and Security Act of 2007.

       ``(2) Compliance with existing law.--Notwithstanding 
     section 332(a)(5) and section 332(b), it shall not be 
     unlawful for a manufacturer to sell a lamp that is in 
     compliance with the law at the time the lamp was 
     manufactured.
       ``(3) Rulemaking before october 24, 1995.--
       ``(A) In general.--Not later than 36 months after October 
     24, 1992, the Secretary shall initiate a rulemaking procedure 
     and shall publish a final rule not later than the end of the 
     54-month period beginning on October 24, 1992, to determine 
     whether the standards established under paragraph (1) should 
     be amended.
       ``(B) Administration.--The rule shall contain the 
     amendment, if any, and provide that the amendment shall apply 
     to products manufactured on or after the 36-month period 
     beginning on the date on which the final rule is published.
       ``(4) Rulemaking before october 24, 2000.--
       ``(A) In general.--Not later than 8 years after October 24, 
     1992, the Secretary shall initiate a rulemaking procedure and 
     shall publish a final rule not later than 9 years and 6 
     months after October 24, 1992, to determine whether the 
     standards in effect for fluorescent lamps and incandescent 
     lamps should be amended.
       ``(B) Administration.--The rule shall contain the 
     amendment, if any, and provide that the amendment shall apply 
     to products manufactured on or after the 36-month period 
     beginning on the date on which the final rule is published.
       ``(5) Rulemaking for additional general service fluorescent 
     lamps.--
       ``(A) In general.--Not later than the end of the 24-month 
     period beginning on the date labeling requirements under 
     section 324(a)(2)(C) become effective, the Secretary shall--
       ``(i) initiate a rulemaking procedure to determine whether 
     the standards in effect for fluorescent lamps and 
     incandescent lamps should be amended so that the standards 
     would be applicable to additional general service fluorescent 
     lamps; and
       ``(ii) publish, not later than 18 months after initiating 
     the rulemaking, a final rule including the amended standards, 
     if any.
       ``(B) Administration.--The rule shall provide that the 
     amendment shall apply to products manufactured after a date 
     which is 36 months after the date on which the rule is 
     published.
       ``(6) Standards for general service lamps.--
       ``(A) Rulemaking before january 1, 2014.--
       ``(i) In general.--Not later than January 1, 2014, the 
     Secretary shall initiate a rulemaking procedure to determine 
     whether--

       ``(I) standards in effect for general service lamps should 
     be amended; and
       ``(II) the exclusions for certain incandescent lamps should 
     be maintained or discontinued based, in part, on excluded 
     lamp sales collected by the Secretary from manufacturers.

       ``(ii) Scope.--The rulemaking--

       ``(I) shall not be limited to incandescent lamp 
     technologies; and
       ``(II) shall include consideration of a minimum standard of 
     45 lumens per watt for general service lamps.

       ``(iii) Amended standards.--If the Secretary determines 
     that the standards in effect for general service lamps should 
     be amended, the Secretary shall publish a final rule not 
     later than January 1, 2017, with an effective date that is 
     not earlier than 3 years after the date on which the final 
     rule is published.
       ``(iv) Phased-in effective dates.--The Secretary shall 
     consider phased-in effective dates under this subparagraph 
     after considering--

       ``(I) the impact of any amendment on manufacturers, 
     retiring and repurposing existing equipment, stranded 
     investments, labor contracts, workers, and raw materials; and
       ``(II) the time needed to work with retailers and lighting 
     designers to revise sales and marketing strategies.

       ``(v) Backstop requirement.--If the Secretary fails to 
     complete a rulemaking in accordance with clauses (i) through 
     (iv) or if the final rule does not produce savings that are 
     greater than or equal to the savings from a minimum efficacy 
     standard of 45 lumens per watt, effective beginning January 
     1, 2020, the Secretary shall prohibit the manufacture of any 
     general service lamp that does not meet a minimum efficacy 
     standard of 45 lumens per watt.
       ``(vi) State preemption.--Neither section 327 nor any other 
     provision of law shall preclude California or Nevada from 
     adopting, effective beginning on or after January 1, 2018--

       ``(I) a final rule adopted by the Secretary in accordance 
     with clauses (i) through (iv);
       ``(II) if a final rule described in subclause (I) has not 
     been adopted, the backstop requirement under clause (v); or
       ``(III) in the case of California, if a final rule 
     described in subclause (I) has not been adopted, any 
     California regulations relating to these covered products 
     adopted pursuant to State statute in effect as of the date of 
     enactment of the Energy Independence and Security Act of 
     2007.

       ``(B) Rulemaking before january 1, 2020.--
       ``(i) In general.--Not later than January 1, 2020, the 
     Secretary shall initiate a rulemaking procedure to determine 
     whether--

       ``(I) standards in effect for general service lamps should 
     be amended; and
       ``(II) the exclusions for certain incandescent lamps should 
     be maintained or discontinued based, in part, on excluded 
     lamp sales data collected by the Secretary from 
     manufacturers.

       ``(ii) Scope.--The rulemaking shall not be limited to 
     incandescent lamp technologies.
       ``(iii) Amended standards.--If the Secretary determines 
     that the standards in effect for general service lamps should 
     be amended, the Secretary shall publish a final rule not 
     later than January 1, 2022, with an effective date that is 
     not earlier than 3 years after the date on which the final 
     rule is published.
       ``(iv) Phased-in effective dates.--The Secretary shall 
     consider phased-in effective dates under this subparagraph 
     after considering--

       ``(I) the impact of any amendment on manufacturers, 
     retiring and repurposing existing equipment, stranded 
     investments, labor contracts, workers, and raw materials; and
       ``(II) the time needed to work with retailers and lighting 
     designers to revise sales and marketing strategies.

       ``(7) Federal actions.--
       ``(A) Comments of secretary.--
       ``(i) In general.--With respect to any lamp to which 
     standards are applicable under this subsection or any lamp 
     specified in section 346, the Secretary shall inform any 
     Federal entity proposing actions that would adversely impact 
     the energy consumption or energy efficiency of the lamp of 
     the energy conservation consequences of the action.
       ``(ii) Consideration.--The Federal entity shall carefully 
     consider the comments of the Secretary.
       ``(B) Amendment of standards.--Notwithstanding section 
     325(n)(1), the Secretary shall not be prohibited from 
     amending any standard, by rule, to permit increased energy 
     use or to decrease the minimum required energy efficiency of 
     any lamp to which standards are applicable under this 
     subsection if the action is warranted as a result of other 
     Federal action (including restrictions on materials or 
     processes) that would have the effect of either increasing 
     the energy use or decreasing the energy efficiency of the 
     product.
       ``(8) Compliance.--
       ``(A) In general.--Not later than the date on which 
     standards established pursuant to this subsection become 
     effective, or, with respect to high-intensity discharge lamps 
     covered under section 346, the effective date of standards 
     established pursuant to that section, each manufacturer of a 
     product to which the standards are applicable shall file with 
     the Secretary a laboratory report certifying compliance with 
     the applicable standard for each lamp type.
       ``(B) Contents.--The report shall include the lumen output 
     and wattage consumption for each lamp type as an average of 
     measurements taken over the preceding 12-month period.
       ``(C) Other lamp types.--With respect to lamp types that 
     are not manufactured during the 12-month period preceding the 
     date on which the standards become effective, the report 
     shall--
       ``(i) be filed with the Secretary not later than the date 
     that is 12 months after the date on which manufacturing is 
     commenced; and
       ``(ii) include the lumen output and wattage consumption for 
     each such lamp type as an average of measurements taken 
     during the 12-month period.''.
       (11) Section 325(l)(4)(A) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by 
     section 321(a)(3)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1581)) is amended by striking 
     ``only''.
       (12) Section 327(b)(1)(B) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by 
     section 321(d)(3) of the Energy Independence and Security Act 
     of 2007 (121 Stat. 1585) and section 240(d)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (C) by striking clause (iii).
       (13) Section 321(30)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by 
     section 322(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1587)) is amended by inserting a 
     period after ``40 watts or higher''.
       (14) Section 322(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1588)) is amended by striking 
     ``6995(i)'' and inserting ``6295(i)''.
       (15) Section 327(c) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6297(c)) (as amended by sections 324(f) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 1594) 
     and section 6(e)(2)) is amended--
       (A) in paragraph (6), by striking ``or'' after the 
     semicolon at the end;
       (B) in paragraph (9)(B), by striking ``or'' at the end;
       (C) in paragraph (10), by striking the period at the end 
     and inserting a semicolon;
       (D) by adding at the end the following:
       ``(11) is a regulation for general service lamps that 
     conforms with Federal standards and effective dates; or
       ``(12) is an energy efficiency standard for general service 
     lamps enacted into law by the State of Nevada prior to 
     December 19, 2007, if the State has not adopted the Federal

[[Page S7832]]

     standards and effective dates pursuant to subsection 
     (b)(1)(B)(ii).''.
       (16) Section 325(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1596)) is amended by striking 
     ``6924(c)'' and inserting ``6294(c)''.
       (17) This subsection and the amendments made by this 
     subsection take effect as if included in the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1492).
       (b) Energy Policy Act of 2005.--
       (1) Section 325(g)(8)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by 
     section 135(c)(2)(B) of the Energy Policy Act of 2005) is 
     amended by striking ``20F'' and inserting ``-20F''.
       (2) This subsection and the amendment made by this 
     subsection take effect as if included in the Energy Policy 
     Act of 2005 (Public Law 109-58; 119 Stat. 594).
       (c) Energy Policy and Conservation Act.--Section 343(a) of 
     the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is 
     amended by striking ``Air-Conditioning and Refrigeration 
     Institute'' each place it appears in paragraphs (4)(A) and 
     (7) and inserting ``Air-Conditioning, Heating, and 
     Refrigeration Institute''.
                                                  August 13, 2010.
     Hon. Harry Reid,
     Hart Senate Office Building,
     Washington, DC.
     Hon. Mitch McConnell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senate Majority Leader Reid and Minority Leader 
     McConnell: We are writing today to support and urge the 
     Senate to quickly pass several consensus appliance and 
     equipment efficiency standards this session of Congress. 
     These standards were negotiated between industry and energy-
     efficiency supporters and reported out of the Senate Energy 
     and Natural Resources Committee on a bipartisan basis. Some 
     of these standards take effect as soon as January 2012. If 
     enactment is delayed until the next Congress, some of the 
     effective dates will need to be delayed, reducing the energy 
     savings and emissions reductions achieved. In addition, 
     prompt enactment will allow manufacturers to better prepare 
     for these new standards. Manufacturers are also very 
     concerned that if Congress does not enact these standards 
     soon, more states will enact their own standards for certain 
     products, making it more difficult for manufacturers to sell 
     the same products nationwide. We are not aware of any 
     controversy on the pending versions of these bills, so they 
     should continue to have bipartisan support while providing 
     substantial energy savings and other benefits for the 
     country.
       Based on analysis by the American Council for an Energy 
     Efficient Economy, these consensus standards will:
       Reduce annual U.S. energy use by more than 1.2 quadrillion 
     Btu (``quads'') by 2030, which is about 160% of the current 
     annual energy use of Nevada and 60% of the current annual 
     energy use of Kentucky.
       Reduce annual U.S. CO2 emissions by about 71 million metric 
     tons, providing a downpayment on our climate change emission 
     reduction goals.
       Provide net present value benefits to consumers of more 
     than $90 billion from products sold by 2030. (This figure is 
     the sum of benefits minus sum of costs, expressed in 2010 
     dollars.)
       These consensus agreements cover the following products:
       Residential appliances--refrigerators, freezers, clothes 
     washers, clothes dryers, dishwashers and room air 
     conditioners;
       Residential heating and cooling equipment--furnaces, 
     central air conditioners and heat pumps;
       Pole-mounted outdoor lighting fixtures;
       Residential portable lighting fixtures (e.g. floor and 
     table lamps); and,
       Drinking water dispensers, hot food holding cabinets and 
     portable electric spas.
       In addition, the agreements include some important changes 
     to improve and expedite the Department of Energy appliance 
     standards program and needed technical corrections to 
     standards enacted in 2005 and 2007.
       The potential energy, economic and environmental benefits 
     are not the only positive facet. The consensus provisions 
     contained in these bills represent a significant step forward 
     in the relationship between many industries which produce 
     energy-using products and advocates for improved efficiency 
     and environmental protection. If enacted they will not only 
     save energy and water but will also serve as a model for 
     future collaboration between various parties by demonstrating 
     that it is possible to balance manufacturer interests and 
     consumer needs while advancing national goals of energy 
     efficiency and environmental stewardship.
       The undersigned parties urge your active support for 
     passing this legislation during this Congress. If you have 
     any questions please contact any of the individuals listed 
     below for additional information on this legislation.
           Sincerely,
         Stephen R. Yurek, President, Air-Conditioning, Heating 
           and Refrigeration Institute; Richard D. Upton, 
           President & CEO, American Lighting Association; Steve 
           Nadel, Executive Director, American Council for an 
           Energy-Efficient Economy; Floyd DesChamps, Senior Vice 
           President of Policy and Research, Alliance to Save 
           Energy; Carvin DiGiovanni, Senior Technical Director, 
           Association of Pool and Spa Professionals; Joseph K. 
           Doss, President and CEO, International Bottled Water 
           Association; Evan R. Gaddis, President & CEO, National 
           Electrical Manufacturers Association; Andrew deLaski, 
           Executive Director, Appliance Standards Awareness 
           Project; Karen Douglas, Chairman, California Energy 
           Commission; Mell Hall-Crawford, Energy Projects 
           Director, Consumer Federation of America; Charles 
           Harak, Esq., National Consumer Law Center, (On behalf 
           of its low-income clients); Scott Slesinger, 
           Legislative Director, Natural Resources Defense 
           Council; Susan E. Coakley, Executive Director, 
           Northeast Energy Efficiency Partnerships; Claire 
           Fulenwider, Executive Director, Northwest Energy 
           Efficiency Alliance; Stephen L. Crow, Executive 
           Director, Northwest Power and Conservation Council.
                                 ______