[Congressional Record Volume 157, Number 26 (Thursday, February 17, 2011)]
[Senate]
[Pages S890-S904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Ms. Murkowski):
  S. 398. A bill to amend the Energy Policy and Conservation Act to 
improve energy efficiency of certain appliances and equipment, and for 
other

[[Page S891]]

purposes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am pleased to join with Senator 
Murkowski, the Ranking Member of the Committee on Energy and Natural 
Resources, in introducing the Implementation of National Consensus 
Appliance Agreements Act of 2011, INCAAA. This bill is an updated 
version of the appliance energy efficiency standards legislation, S. 
3925, that apparently came within a single Senate vote of passage by 
unanimous consent last December, as the 111th Congress drew to a close.
  As with the six appliance energy efficiency laws that have been 
enacted since 1986, this bill enjoys consensus support among appliance 
manufacturers, energy efficiency advocates, and consumer groups. Such 
broad support is to be expected, given the bill's many benefits. It 
would reduce the regulatory burden on appliance manufacturers, 
increasing their profitability and their ability to protect and create 
jobs; reduce national energy and water demand, slowing the need for new 
energy and water supplies, freeing capital for other investments and 
making our economy more competitive overall; save consumers money on 
their monthly energy and water bills, freeing household income for 
spending in other areas; and reduce power plant emissions and other 
environmental costs of energy production.
  At the core of this bill are the appliance efficiency provisions that 
were reported with bipartisan support from the Committee on Energy and 
Natural Resources in 2009 as a part of the comprehensive energy 
legislation, the American Clean Energy Leadership Act, ACELA, S. 1462. 
INCAAA also includes the amendments reported from the Committee in May 
2010 to enhance ACELA. Finally, INCAAA includes several more-recent 
agreements and revisions on appliance efficiency that have been reached 
by industry, energy advocacy, and consumer stake holders.
  I note that there are continuing discussions among stakeholders on 
Section 2(a) regarding the definition of ``energy conservation 
standard'' and whether this term should allow an efficiency standard to 
have more than one metric. For example, that a standard could require a 
specified energy efficiency and also, say, specific water efficiency or 
smart grid capability, or some other additional performance measures. 
Stakeholders have agreed to allow inclusion of this provision in the 
bill for the purposes of introduction while discussions continue. Also 
under continuing discussion are provisions regarding reflector lamps. 
The Department of Energy is scheduled to complete its current 
rulemaking for these products this August and stakeholders continue to 
negotiate what guidance could be given the Department for future 
rulemakings. I am committed to working with all stakeholders to resolve 
these issues as the legislative process moves forward.

  From a business point-of-view, INCAAA's greatest value is as a 
regulatory-reform bill. 25 years ago, the national appliance market was 
in danger of become unmanageably Balkanized because certain States were 
beginning to enact appliance efficiency standards in response their 
power supply problems. Faced with a growing patchwork of state 
standards, industry joined with energy efficiency and consumer groups 
to support Federal authority to pre-empt state standards and thereby 
assure a single national market for appliances.
  INCAAA, as with the five appliance standards laws enacted since 1986, 
would go a step further than simple Federal pre-emption of state 
standards by enacting consensus standards that are negotiated among the 
stakeholders as the Federal standards. By directly enacting consensus 
standards as Federal standards, these laws have the added benefit of 
saving the time, cost, and uncertainty associated with a formal Federal 
rulemaking.
  INCAAA would enact standards agreed to by the manufacturers of the 
covered products and by the Nation's leading energy efficiency groups, 
the Alliance to Save Energy, the American Council for an Energy 
Efficient Economy, and the Natural Resources Defense Council. These 
include new efficiency standards for certain outdoor lighting, as 
supported by the National Electrical Manufacturers Association and 
major lighting manufacturers such as General Electric, Osram Sylvania, 
and Philips; increased efficiency standards for furnaces, heat pumps 
and central air conditioners, as supported by the Air-Conditioning, 
Heating and Refrigeration Institute and its dozens of member companies 
including Carrier, Johnson Controls, Rheem, Lennox, Nordyne, Goodman 
and Trane. The furnace provisions are also supported by the American 
Gas Association; and 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 member companies including 
Electrolux, General Electric, Sub-Zero, and Whirlpool.
  INCAAA also includes consensus standards that were earlier reported 
by the Energy Committee on smaller classes of products such as drinking 
water dispensers, hot food holding cabinets, electric spas, pool 
heaters, and consensus standards that were negotiated more recently for 
service-over-the-counter refrigerators.
  The American Council for an Energy-Efficient Economy estimates that 
INCAAA would save the Nation nearly 850 Trillion Btus of energy each 
year by 2030--enough energy to meet the needs of 4.6 million typical 
American households. For comparison, the states of Utah and Connecticut 
each used just over 800 Trillion Btus of energy in 2008. Result in net 
economic savings, benefits minus costs, to consumers of more than $43 
billion annually by 2030. Save nearly 5 trillion gallons of water 
annually by 2030, roughly the amount needed to meet the current needs 
of every customer in Los Angeles for 25 years. Improve the environment 
by reducing annual carbon dioxide emissions by about 47 million metric 
tons in 2030.
  The Department of Energy's appliance standards program has been one 
of the nation's most powerful and successful tools for promoting energy 
and economic efficiency. ACEEE estimates that by 2010 appliance 
efficiency standards had reduced national non-transportation energy use 
to 7 percent below what it would otherwise be. For comparison, 7 
percent of energy consumption in the U.S. is more than the annual 
energy consumption of Florida or New York. Standards not only defer the 
construction of power plants, but also all of their associated costs 
for planning, siting, operating, fueling, maintaining, and the 
environmental costs of their emissions, and the costs associated with 
the distribution of that energy.
  Finally, INCAAA contains no authorizations. Based on the CBO analysis 
conducted last year on ACELA, it is clear that this bill would not 
incur any no new spending.
  This legislation represents government at its best, as a catalyst, 
bringing together stakeholders on consensus solutions to complex 
problems. I urge my colleagues to join us in supporting enactment of 
INCAAA and reaching the goal that was so narrowly missed last December.
  Mr. President, I ask unanimous consent that the text of the bill and 
a bill summary be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 398

       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 of 2011''.
       (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. GU-24 base lamps.
Sec. 5. Efficiency standards for bottle-type water dispensers, 
              commercial hot food holding cabinets, and portable 
              electric spas.
Sec. 6. Test procedure petition process.
Sec. 7. Amendments to home appliance test methods.
Sec. 8. Credit for Energy Star smart appliances.
Sec. 9. Video game console energy efficiency study.
Sec. 10. Refrigerator and freezer standards.
Sec. 11. Room air conditioner standards.
Sec. 12. Uniform efficiency descriptor for covered water heaters.
Sec. 13. Clothes dryers.
Sec. 14. Standards for clothes washers.
Sec. 15. Dishwashers.

[[Page S892]]

Sec. 16. Petition for amended standards.
Sec. 17. Prohibited acts.
Sec. 18. Outdoor lighting.
Sec. 19. Standards for commercial furnaces.
Sec. 20. Service over the counter, self-contained, medium temperature 
              commercial refrigerators.
Sec. 21. Motor market assessment and commercial awareness program.
Sec. 22. Study of compliance with energy standards for appliances.
Sec. 23. Study of direct current electricity supply in certain 
              buildings.
Sec. 24. 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 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).

[[Page S893]]

       ``(iii) Revision.--The Secretary may revise the definitions 
     contained in this subparagraph through publication of a final 
     rule.
       ``(B) Small-duct high-velocity systems.--
       ``(i) Seasonal energy efficiency ratio.--The seasonal 
     energy efficiency ratio for small-duct high-velocity systems 
     shall be not less than 11.00 for products manufactured on or 
     after January 23, 2006.
       ``(ii) Heating seasonal performance factor.--The heating 
     seasonal performance factor for small-duct high-velocity 
     systems shall be not less than 6.8 for products manufactured 
     on or after January 23, 2006.
       ``(C) 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 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, a level determined by the Secretary in 
     a final rule published not later than June 30, 2011.
       ``(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.--Not later than 
     June 30, 2011, the Secretary shall--

       ``(I) publish a final rule determining whether to establish 
     a standard for the annual fuel utilization efficiency of non-
     weatherized gas furnaces manufactured on or after May 1, 
     2013, and installed in States having historical average 
     annual, population weighted, heating degree days equal to or 
     greater than 5,000 (specifically the States of Alaska, 
     Colorado, Connecticut, Idaho, Illinois, Indiana, Iowa, 
     Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, 
     Montana, Nebraska, New Hampshire, New Jersey, New York, North 
     Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South 
     Dakota, Utah, Vermont, Washington, West Virginia, Wisconsin, 
     and Wyoming); and
       ``(II) include in the final rule described in subclause (I) 
     any regional standard established under this subparagraph.

       ``(ii) Application of subsection (o)(6).--Subsection (o)(6) 
     shall apply to any regional standard established under this 
     subparagraph.
       ``(C) 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.--

       ``(I) Final rule published after january 1, 2011.--As part 
     of any final rule concerning furnace standards published 
     after January 1, 2011, the Secretary shall establish the 
     building code levels referred to in subclauses (I)(aa), 
     (II)(aa), and (III)(aa) of section 327(f)(3)(C)(i) subject to 
     meeting the criteria of subsection (o) when applied 
     specifically to new construction.
       ``(II) Final rule published after june 1, 2013.--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 or pursuant to section 327(f)(3)(C) 
     should be amended subject to meeting the criteria of 
     subsection (o) when applied specifically to new construction.

       ``(ii) 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) for gas furnaces, an AFUE level determined by the 
     Secretary; and
       ``(bb) 14 SEER for central air conditioners (not including 
     heat pumps);

       ``(II) for the States and other localities described in 
     section 325(d)(4)(B)(i) (except for the States of Arizona, 
     California, Nevada, and New Mexico)--

       ``(aa) for gas furnaces, an AFUE level determined by the 
     Secretary; and
       ``(bb) 15 SEER for central air conditioners;

       ``(III) for the States of Arizona, California, Nevada, and 
     New Mexico--

       ``(aa) for gas furnaces, an AFUE level determined by the 
     Secretary;
       ``(bb) 15 SEER for central air conditioners;
       ``(cc) an EER of 12.5 for air conditioners (not including 
     heat pumps) with cooling capacity less than 45,000 Btu per 
     hour; and
       ``(dd) an EER of 12.0 for air conditioners (not including 
     heat pumps) with cooling capacity of 45,000 Btu per hour or 
     more; and

       ``(IV) for all States--

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

[[Page S894]]

     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. GU-24 BASE LAMPS.

       (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) 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.
       ``(70) 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.
       ``(71) 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) is amended--
       (1) by redesignating subsection (ii) as subsection (jj); 
     and
       (2) by inserting after subsection (hh) the following:
       ``(ii) 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. 5. 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 
     4(a)) is amended by adding at the end the following:
       ``(72) 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.
       ``(73) 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.
       ``(74) 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.
       ``(75) 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.
       ``(76) 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)) is amended--
       (A) by redesignating paragraph (20) as paragraph (23); and
       (B) by inserting after paragraph (19) the following:
       ``(20) Bottle-type water dispensers and compartment bottle-
     type water dispensers.
       ``(21) Commercial hot food holding cabinets.
       ``(22) Portable electric spas.''.
       (2) 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 ``(23)''.
       (B) Section 325(l) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph 
     (19)'' each place it appears in paragraphs (1) and (2) and 
     inserting ``paragraph (23)''.
       (c) 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) 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).
       ``(21) 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.
       ``(22) 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 section 
     4(b)) is amended--
       (1) by redesignating subsection (ii) as subsection (mm); 
     and
       (2) by inserting after subsection (hh) the following:
       ``(ii) Bottle-Type Water Dispensers.--Effective beginning 
     on the date that is 1 year after the date of enactment of the 
     Implementation of National Consensus Appliance Agreements Act 
     of 2011--
       ``(1) a bottle-type water dispenser shall not have standby 
     energy consumption that is greater than 1.2 kilowatt-hours 
     per day; and
       ``(2) a compartment bottle-type water dispenser shall not 
     have standby energy consumption that is greater than 1.3 
     kilowatt-hours per day.
       ``(jj) Commercial Hot Food Holding Cabinets.--Effective 
     beginning on the date that is 1 year after the date of 
     enactment of the Implementation of National Consensus 
     Appliance Agreements Act of 2011, a commercial hot food 
     holding cabinet shall have a maximum idle energy rate of 40 
     watts per cubic foot of interior volume.
       ``(kk) Portable Electric Spas.--Effective beginning on the 
     date that is 1 year after the date of enactment of the 
     Implementation of National Consensus Appliance Agreements Act 
     of 2011, a portable electric spa shall not have a normalized 
     standby power rate of greater than 5 (V2/3) Watts 
     (in which `V' equals the fill volume (in gallons)).
       ``(ll) Revisions.--
       ``(1) In general.--Not later than the date that is 3 years 
     after the date of enactment of the Implementation of National 
     Consensus Appliance Agreements Act of 2011, the Secretary 
     shall--
       ``(A) consider in accordance with subsection (o) revisions 
     to the standards established under subsections (ii), (jj), 
     and (kk); and

[[Page S895]]

       ``(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 shall take effect not earlier than the date that 
     is 3 years after the date of the publication of the final 
     rule.''.
       (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. 6. 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 procedure 
     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 procedure or a determination not to amend the 
     test procedure.
       ``(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).

       ``(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) 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. 7. AMENDMENTS TO HOME APPLIANCE TEST METHODS.

       Section 323(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6293(b)) (as amended by section 5(c)) is amended 
     by adding at the end the following:
       ``(23) Refrigerator and freezer test procedure.--
       ``(A) In general.--Not later than 90 days after the date on 
     which the Secretary publishes the final standard rule that 
     was proposed on September 27, 2010, the Secretary shall 
     finalize the interim final test procedure rule proposed on 
     December 16, 2010, with such subsequent modifications to the 
     test procedure or standards as the Secretary determines to be 
     appropriate and consistent with this part.
       ``(B) 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).
       ``(24) Additional home appliance test procedures.--
       ``(A) Amended test procedure for clothes washers.--Not 
     later than October 1, 2011, the Secretary shall publish a 
     final rule amending the residential clothes washer test 
     procedure.
       ``(B) Amended test procedure for clothes dryers.--
       ``(i) In general.--Not later than 180 days after the date 
     of enactment of this paragraph, the Secretary shall publish 
     an amended test procedure for clothes dryers.
       ``(ii) Requirement.--The amendments to the test procedure 
     shall be limited to modifications requiring that tested 
     dryers are run until the cycle (including cool down) is ended 
     by automatic termination controls, if equipped with those 
     controls.''.

     SEC. 8. 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. 9. 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.

[[Page S896]]

       ``(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 (nn)(1) of section 325 of 
     the Energy Policy and Conservation Act (42 U.S.C. 6295) (as 
     redesignated by section 5(d)(1)) is amended by inserting ``or 
     section 324B'' after ``subsection (l), (u), or (v)'' each 
     place it appears.

     SEC. 10. 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;
       ``(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 on 
     July 9, 2010, the maximum energy use allowed in kilowatt 
     hours per year for each product described in the table 
     contained in clause (ii) (other than refrigerators and 
     refrigerator-freezers with total refrigerated volume 
     exceeding 39 cubic feet and freezers with total refrigerated 
     volume exceeding 30 cubic feet) that is manufactured on or 
     after January 1, 2014, is specified in the table contained in 
     that clause.
       ``(ii) 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
------------------------------------------------------------------------
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)(23), in accordance with the 
     procedures described in section 323(e)(2), the Secretary 
     shall publish final rules to amend the standards specified in 
     the table contained in clause (ii).
       ``(II) Exception.--The standards amendment made pursuant to 
     the test procedure change required under section 
     323(b)(23)(B) shall be based on the difference between--

       ``(aa) the average measured automatic ice maker energy use 
     of a representative sample for each product class; and
       ``(bb) the value assumed by the Department of Energy for 
     ice maker energy use in the test procedure published pursuant 
     to section 323(b)(23)(A).

       ``(III) 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)(23).

       ``(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)(23)(B) if the 1 or more new 
     product classes are needed to distinguish among products with 
     automatic icemakers.
       ``(vi) Effective dates of standards.--

       ``(I) Standards amendment for first revised test 
     procedure.--A standards amendment adopted pursuant to a test 
     procedure change required under section 323(b)(23)(A) shall 
     apply to any product manufactured as of January 1, 2014.
       ``(II) Standards amendment after revised test procedure for 
     icemaker energy.--An amendment adopted pursuant to a test 
     procedure change required under section 323(b)(23)(B) shall 
     apply to any product manufactured as of the date that is 3 
     years after the date of publication of the final rule 
     amending the standards.

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

       ``(I) 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)(23)(B) or pursuant to clause (iv) shall not be 
     considered to be an amendment to the standard for purposes of 
     section 325(m).''.

     SEC. 11. 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 on 
     July 9, 2010, the minimum

[[Page S897]]

     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.--Not later than July 1, 2011, pursuant to 
     the test procedure adopted by the Secretary on January 6, 
     2011, the Secretary shall amend the standards specified in 
     the table contained in subparagraph (B) in accordance with 
     the procedures described in section 323(e)(2).
       ``(ii) Standby and off mode energy consumption.--

       ``(I) 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. 12. 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 (on 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 on the date of enactment of this paragraph;
       ``(ii) the thermal efficiency and standby loss descriptors 
     in use on that date;
       ``(iii) a revised version of the thermal efficiency and 
     standby loss descriptors;
       ``(iv) a hybrid of descriptors; or
       ``(v) a new approach.
       ``(H) 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 on 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. 13. 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.--The final rule to amend the clothes 
     dryer test procedure adopted pursuant to section 
     323(b)(24)(B) shall amend the energy factors standards 
     specified in the table contained in clause (ii) in accordance 
     with the procedures described in section 323(e)(2).
       ``(bb) Representative sample.--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).

[[Page S898]]

       ``(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.
       ``(iv) Other standards.--Any dryer energy conservation 
     standard that takes effect after the date of enactment of 
     this subparagraph but before the amended standard required by 
     this subparagraph shall not apply.''.

     SEC. 14. 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 on or after january 1, 2015.--

       ``(I) In general.--Based on the test procedure in effect on 
     July 9, 2010, clothes washers manufactured on or after 
     January 1, 2015, shall comply with the minimum modified 
     energy factors and maximum water factors specified in the 
     table contained in subclause (II).
       ``(II) 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.            1.72          8.0.
 ft. capacity)
------------------------------------------------------------------------

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

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


 
 
------------------------------------------------------------------------
                                      ``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)(24)(A) shall amend the standards described in clauses 
     (i) and (ii) in accordance with the procedures described in 
     section 323(e)(2).
       ``(II) Standby and off mode energy consumption.--

       ``(aa) 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. 15. 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. 16. 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. 17. 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;
       (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. 18. 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) High light output double-ended quartz halogen lamps.
       ``(M) 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: ``, 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--

[[Page S899]]

       (A) by redesignating paragraphs (22) and (23) (as amended 
     by sections 312(a)(2) and 314(a) of the Energy Independence 
     and Security Act of 2007 (121 Stat. 1564, 1569)) as 
     paragraphs (23) and (24), respectively; and
       (B) by adding at the end the following:
       ``(25) General purpose mercury vapor 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.
       ``(26) 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.
       ``(27) Specialty application mercury vapor lamp.--The term 
     `specialty application mercury vapor lamp' means a mercury 
     vapor lamp (as defined in section 321) that is--
       ``(A) designed only to operate on a specialty application 
     mercury vapor lamp ballast (as defined in section 321); and
       ``(B) is marked and marketed for specialty applications 
     only.
       ``(28) 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) 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.
       ``(h) General Purpose Mercury Vapor Lamps.--A general 
     purpose mercury vapor lamp shall not be manufactured on or 
     after January 1, 2016.''.
       (c) 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) High Light Output Double-Ended Quartz Halogen 
     Lamps.--
       ``(1) In general.--Except as provided in paragraph (2), 
     section 327 shall apply to high light output double-ended 
     quartz halogen lamps to the same extent and in the same 
     manner as described in section 325(nn)(1).
       ``(2) State energy conservation 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. 19. 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 on or after the date 
     that is 1 year after the date of enactment of this paragraph 
     shall meet the following standard levels:
       ``(A) Gas-fired units shall--
       ``(i) have a minimum 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. 20. 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. 21. 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.

[[Page S900]]

     SEC. 22. STUDY OF COMPLIANCE WITH ENERGY STANDARDS FOR 
                   APPLIANCES.

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

     SEC. 23. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY IN 
                   CERTAIN BUILDINGS.

       (a) In General.--The Secretary of Energy shall conduct a 
     study--
       (1) of the costs and benefits (including significant energy 
     efficiency, power quality, and other power grid, safety, and 
     environmental benefits) of requiring high-quality, direct 
     current electricity supply in buildings; and
       (2) to determine, if the requirement described in paragraph 
     (1) is imposed, what the policy and role of the Federal 
     Government should be in realizing those benefits.
       (b) 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. 24. 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 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 (a)--
       (i) in paragraph (8), by striking ``and'' at the end;
       (ii) in paragraph (9), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(10) section 327 shall apply with respect to the 
     equipment described in section 340(1)(L) beginning on the 
     date on which a final rule establishing an energy 
     conservation standard is issued by the Secretary, except that 
     any State or local standard prescribed or enacted for the 
     equipment before the date on which the final rule is issued 
     shall not be preempted until the energy conservation standard 
     established by the Secretary for the equipment takes 
     effect.''; and
       (D) in subsection (h)(3), by striking ``section 342(f)(3)'' 
     and inserting ``section 342(f)(4)''.
       (6) Section 340(13) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6311(13)) (as amended by section 313(a) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1568)) is amended--
       (A) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) 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

[[Page S901]]

     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
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
----------------------------------------------------------------------------------------------------------------
                                                                            Minimum Average
                          Nominal Lamp Wattage                               Lamp Efficacy      Effective Date
                                                                                 (LPW)        (Period of 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
----------------------------------------------------------------------------------------------------------------
                                                         Maximum Rated       Minimum Rated
                 Rated Lumen Ranges                         Wattage            Lifetime         Effective 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
----------------------------------------------------------------------------------------------------------------
                                                         Maximum Rated       Minimum Rated
                 Rated Lumen Ranges                         Wattage            Lifetime         Effective 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.

[[Page S902]]

       ``(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 period of months specified in the table after 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 
     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 on 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

[[Page S903]]

     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)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (C) by striking clause (iii).
       (13) Section 321(30)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by 
     section 322(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1587)) is amended by inserting a 
     period after ``40 watts or higher''.
       (14) Section 322(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1588) is amended by striking 
     ``6995(i)'' and inserting ``6295(i)''.
       (15) Section 327(c) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6297(c)) (as amended by sections 324(f) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 1594) 
     and section 6(e)(2)) is amended--
       (A) in paragraph (6), by striking ``or'' after the 
     semicolon at the end;
       (B) in paragraph (9)(B), by striking ``or'' at the end;
       (C) in paragraph (10), by striking the period at the end 
     and inserting a semicolon;
       (D) by adding at the end the following:
       ``(11) is a regulation for general service lamps that 
     conforms with Federal standards and effective dates; or
       ``(12) is an energy efficiency standard for general service 
     lamps enacted into law by the State of Nevada prior to 
     December 19, 2007, if the State has not adopted the Federal 
     standards and effective dates pursuant to subsection 
     (b)(1)(B)(ii).''.
       (16) Section 325(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1596) is amended by striking 
     ``6924(c)'' and inserting ``6294(c)''.
       (17) This subsection and the amendments made by this 
     subsection take effect as if included in the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1492).
       (b) Energy Policy Act of 2005.--
       (1) Section 325(g)(8)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by 
     section 135(c)(2)(B) of the Energy Policy Act of 2005) is 
     amended by striking ``20F'' and inserting ``-20F''.
       (2) This subsection and the amendment made by this 
     subsection take effect as if included in the Energy Policy 
     Act of 2005 (Public Law 109-58; 119 Stat. 594).
       (c) Energy Policy and Conservation Act.--
       (1) Section 340(2)(B) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6311(2)(B)) is amended--
       (A) in clause (xi), by striking ``and'' at the end;
       (B) in clause (xii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(xiii) other motors.''.
       (2) Section 343(a) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6314(a)) is amended by striking ``Air-
     Conditioning and Refrigeration Institute'' each place it 
     appears in paragraphs (4)(A) and (7) and inserting ``Air-
     Conditioning, Heating, and Refrigeration Institute''.
                                  ____


Section-by-Section Summary of the Implementation of National Consensus 
               Appliance Agreements Act of 2011 (INCAAA)

       Purpose: DOE's ``Appliance Standards Program'' (Title III, 
     Part B of the Energy Policy and Conservation Act (EPCA) (42 
     USC 6291)) establishes energy efficiency standards for dozens 
     of appliances and types of commercial equipment. These 
     standards have been extraordinarily effective for improving 
     the nation's economic and energy security, by 2010 reducing 
     national non-transportation energy use by about 7 percent 
     below what it otherwise would be. Appliance manufacturers 
     have supported standards because of their significant 
     national benefits and because they typically replace a 
     patchwork of state regulations. This bill would amend EPCA to 
     enact consensus energy-efficiency standards for a range of 
     products that were agreed to among industry, energy advocate 
     and consumer stakeholders. More specifically, . . .
       Sec. 1. Short title; table of contents.
       Sec. 2. Energy conservation standards: clarifies that 
     `energy conservation standard' means one or more performance 
     or design requirements such as energy and water efficiency. 
     Adds definitions, effective dates, and standards for: central 
     air conditioners and heat pumps, through-the-wall central air 
     conditioners; through-the-wall central air conditioning heat 
     pumps; small-duct, high-velocity systems; and non-weatherized 
     furnaces, as agreed to between manufacturers and efficiency 
     advocacy groups. Finally, it provides that building codes may 
     allow for appliance standards to exceed the federal standard 
     in certain cases.
       Sec. 3. Energy conservation standards for heat pump pool 
     heaters: adds definitions, standards and effective dates for 
     heat pump pool heaters, as agreed to between manufacturers 
     and efficiency and consumer advocacy groups.
       Sec. 4. GU-24 base lamps: adds definitions, standards and 
     effective dates for the next-generation, GU-24 lamps, lamp 
     sockets, and adaptors, as agreed to between manufacturers and 
     efficiency and consumer advocacy groups.
       Sec. 5. Efficiency standards for bottle-type water 
     dispensers, commercial hot food holding cabinets, and 
     portable electric spas: adds definitions, exclusions, test 
     procedures, standards and effective dates for bottle-type 
     water dispensers, commercial hot food holding cabinets, and 
     portable electric spas, as agreed to between manufacturers 
     and efficiency and consumer advocacy groups.
       Sec. 6. Test procedure petition process: (a) provides that 
     any person may petition DOE to prescribe or amend test 
     procedures and establishes deadlines for DOE to respond to 
     such petitions; and (b) for certain industrial equipment, 
     clarifies that DOE periodically review test procedures, and 
     provides that any person may petition DOE to prescribe or 
     amend test procedures for such equipment and establishes 
     deadlines for DOE to respond to such petitions. It also 
     provides that DOE may use the Direct Final Rule procedure 
     currently available to prescribe consensus standards, to 
     prescribe consensus test procedures.
       Sec. 7. Amendments to Home Appliance Test Methods: sets 
     deadlines regarding refrigerator and freezer, clothes washer, 
     and clothes dryer test methods.
       Sec. 8. Credit for Energy Star Smart Appliances: directs 
     federal officials to determine whether to update Energy Star 
     criteria for certain products to incorporate smart grid and 
     demand response features.
       Sec. 9. Video game console energy efficiency study: directs 
     DOE to conduct a study of video game console energy use and 
     opportunities for energy savings, and upon completion to 
     determine whether to establish an efficiency standard. If 
     standards are not established, then DOE shall conduct a 
     follow-up study.
       Sec. 10. Refrigerator and freezer standards: updates 
     definitions, exceptions, standards and effective dates for 
     new standards for refrigerators and freezers, as agreed to 
     between manufacturers and efficiency and consumer advocacy 
     groups.
       Sec. 11. Room air conditioner standards: establishes new 
     standards and effective dates for room air-conditioners, as 
     agreed to between manufacturers and efficiency and consumer 
     advocacy groups.
       Sec. 12. Uniform efficiency descriptor for covered water 
     heaters: directs DOE to publish a final rule that establishes 
     a uniform efficiency descriptor and test methods for covered 
     water heaters. The section also sets forth other provisions 
     necessary to transition from the current two descriptors for 
     two types of water heaters, to having a single descriptor for 
     all covered water heaters.
       Sec. 13. Clothes dryers: establishes new standards and 
     effective dates for clothes dryers, as agreed to between 
     manufacturers and efficiency and consumer advocacy groups.
       Sec. 14. Standards for clothes washers: establishes new 
     standards and effective dates for clothes washers, as agreed 
     to between manufacturers and efficiency and consumer advocacy 
     groups.
       Sec. 15. Dishwashers: establishes new standards and 
     effective dates for dishwashers, as agreed to between 
     manufacturers and efficiency and consumer advocacy groups.
       Sec. 16. Petition for amended standards: requires DOE to 
     publish an explanation of DOE's decision to grant or deny a 
     petition for a new or amended standard (filed under current 
     law) within 180 days, and to publish the new rule within 3 
     year in those cases where the petition is granted.
       Sec. 17. Prohibited acts: updates certain enforcement 
     provisions to clarify that prohibitions under the law apply 
     to distributors, retailers, and private labelers as well as

[[Page S904]]

     manufacturers, and clarifies that prohibitions must be 
     ``knowingly'' violated in the case of regional standards.
       Sec. 18. Outdoor lighting: establishes definitions, test 
     methods, standards, and effective dates for certain types of 
     outdoor lighting, as agreed to between manufacturers and 
     efficiency and consumer advocacy groups.
       Sec. 19. Standards for commercial furnaces: establishes a 
     new standard and effective date for commercial furnaces, as 
     agreed to between manufacturers and efficiency and consumer 
     advocacy groups.
       Sec. 20. Service over the counter, self-contained, medium 
     temperature commercial Refrigerators: establishes new 
     definitions and a standard and effective date for certain 
     service over the counter refrigerators, as agreed to between 
     manufacturers and efficiency and consumer advocacy groups.
       Sec. 21. Motor market assessment and commercial awareness 
     program: directs DOE to assess the U.S. electric motor market 
     and develop recommendations on ways to improve the efficiency 
     of motor systems. It also requires DOE to periodically update 
     this information; estimate the savings attributable to the 
     Save Energy Now Program; make recommendations to the Census 
     Bureau on surveys to support DOE's motor activities; and 
     prepare an update to the Motor Master+ program of DOE. 
     Finally, based on the assessment and recommendations, the 
     section would direct DOE to establish a program to: increase 
     awareness of the savings opportunities of using higher 
     efficiency motors, improve motor system procurement 
     practices, and establish criteria for making decisions 
     regarding electric motor systems.
       Sec. 22. Study of Compliance with Energy Standards for 
     Appliances: directs DOE to conduct, and submit to Congress 
     with any recommendations, a study on the degree of compliance 
     with energy standards for appliances including an 
     investigation of compliance rates and options for improving 
     compliance.
       Sec. 23. Study of direct current electricity supply in 
     certain buildings: directs DOE to conduct, and submit to 
     Congress with any recommendations, a study of the costs and 
     benefits of requiring high-quality, direct current 
     electricity supply in certain buildings and to determine, if 
     this requirement is imposed, what the policy and role of the 
     Federal Government should be.
       Sec. 24. Technical corrections: makes technical corrections 
     to the Energy Independence and Security Act of 2007 (EISA), 
     the Energy Policy Act of 2005, and the Energy Policy and 
     Conservation Act regarding the appliance efficiency standards 
     program.
                                 ______