[Congressional Record Volume 158, Number 154 (Tuesday, December 4, 2012)]
[House]
[Pages H6599-H6606]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMERICAN ENERGY MANUFACTURING TECHNICAL CORRECTIONS ACT
Mr. WHITFIELD. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6582) to allow for innovations and alternative technologies
that meet or exceed desired energy efficiency goals, and to make
technical corrections to existing Federal energy efficiency laws to
allow American manufacturers to remain competitive, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6582
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy
Manufacturing Technical Corrections Act''.
SEC. 2. INNOVATIVE COMPONENT TECHNOLOGIES.
Section 342(f) of the Energy Policy and Conservation Act
(42 U.S.C. 6313(f)) is amended--
(1) in paragraph (1), by striking ``paragraphs (2) through
(5)'' and inserting ``paragraphs (2) through (6)''; and
(2) by adding at the end the following new paragraph:
``(6) Innovative component technologies.--Subparagraph (C)
of paragraph (1) shall not apply to a walk-in cooler or walk-
in freezer component if the component manufacturer has
demonstrated to the satisfaction of the Secretary that the
component reduces energy consumption at least as much as if
such subparagraph were to apply. In support of any
demonstration under this paragraph, a manufacturer shall
provide to the Secretary all data and technical information
necessary to fully evaluate its application.''.
SEC. 3. 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 hot 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 1 year
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.--Clause (iv) shall apply during the period--
``(I) beginning on the date of publication of the
conversion factor in the Federal Register; and
``(II) ending on the later of 1 year after the date of
publication of the conversion factor, or December 31, 2015.
``(F) Exclusions.--The final rule may exclude a specific
category of covered water heaters from the uniform efficiency
descriptor established under this paragraph if the Secretary
determines that the category of water heaters--
``(i) does not have a residential use and can be clearly
described in the final rule; and
``(ii) are effectively rated using the thermal efficiency
and standby loss descriptors applied (as of the date of
enactment of this paragraph) to the category under section
342(a)(5).
``(G) Options.--The descriptor set by the final rule may
be--
``(i) a revised version of the energy factor descriptor in
use as of the date of enactment of this paragraph;
[[Page H6600]]
``(ii) the thermal efficiency and standby loss descriptors
in use as of that date;
``(iii) a revised version of the thermal efficiency and
standby loss descriptors;
``(iv) a hybrid of descriptors; or
``(v) a new approach.
``(H) Application.--The efficiency descriptor and
accompanying test method established under the final rule
shall apply, to the maximum extent practicable, to all water
heating technologies in use as of the date of enactment of
this paragraph and to future water heating technologies.
``(I) Participation.--The Secretary shall invite interested
stakeholders to participate in the rulemaking process used to
establish the final rule.
``(J) Testing of alternative descriptors.--In establishing
the final rule, the Secretary shall contract with the
National Institute of Standards and Technology, as necessary,
to conduct testing and simulation of alternative descriptors
identified for consideration.
``(K) Existing covered water heaters.--A covered water
heater shall be considered to comply with the final rule on
and after the effective date of the final rule and with any
revised labeling requirements established by the Federal
Trade Commission to carry out the final rule if the covered
water heater--
``(i) was manufactured prior to the effective date of the
final rule; and
``(ii) complied with the efficiency standards and labeling
requirements in effect prior to the final rule.''.
SEC. 4. 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)(A) 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 TDA + 1.0.
``(B) Not later than 3 years after the date of enactment of
this paragraph, the Secretary shall--
``(i) determine whether the standard established under
subparagraph (A) should be amended; and
``(ii) if the Secretary determines that such standard
should be amended, issue a final rule establishing an amended
standard.
``(C) If the Secretary issues a final rule pursuant to
subparagraph (B) establishing an amended standard, the final
rule shall provide that the amended standard shall apply to
products manufactured on or after the date that is--
``(i) 3 years after the date on which the final amended
standard is published; or
``(ii) if the Secretary determines, by rule, that 3 years
is inadequate, not later than 5 years after the date on which
the final rule is published.''.
SEC. 5. SMALL DUCT HIGH VELOCITY SYSTEMS AND ADMINISTRATIVE
CHANGES.
(a) 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)) is amended by adding
at the end the following:
``(4) Standards for through-the-wall central air
conditioners, through-the-wall central air conditioning heat
pumps, and small duct, high velocity systems.--
``(A) Definitions.--In this paragraph:
``(i) Small duct, high velocity system.--The term `small
duct, high velocity system' means a heating and cooling
product that contains a blower and indoor coil combination
that--
``(I) is designed for, and produces, at least 1.2 inches of
external static pressure when operated at the certified air
volume rate of 220-350 CFM per rated ton of cooling; and
``(II) when applied in the field, uses high velocity room
outlets generally greater than 1,000 fpm that have less than
6.0 square inches of free area.
``(ii) Through-the-wall central air conditioner; through-
the-wall central air conditioning heat pump.--The terms
`through-the-wall central air conditioner' and `through-the-
wall central air conditioning heat pump' mean a central air
conditioner or heat pump, respectively, that is designed to
be installed totally or partially within a fixed-size opening
in an exterior wall, and--
``(I) is not weatherized;
``(II) is clearly and permanently marked for installation
only through an exterior wall;
``(III) has a rated cooling capacity no greater than 30,000
Btu/hr;
``(IV) exchanges all of its outdoor air across a single
surface of the equipment cabinet; and
``(V) has a combined outdoor air exchange area of less than
800 square inches (split systems) or less than 1,210 square
inches (single packaged systems) as measured on the surface
area described in subclause (IV).
``(iii) Revision.--The Secretary may revise the definitions
contained in this subparagraph through publication of a final
rule.
``(B) 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--
``(I) 11.00 for products manufactured on or after January
23, 2006; and
``(II) 12.00 for products manufactured on or after January
1, 2015.
``(ii) Heating seasonal performance factor.--The heating
seasonal performance factor for small-duct high-velocity
systems shall be not less than--
``(I) 6.8 for products manufactured on or after January 23,
2006; and
``(II) 7.2 for products manufactured on or after January 1,
2015.
``(C) Subsequent rulemakings.--The Secretary shall conduct
subsequent rulemakings for through-the-wall central air
conditioners, through-the-wall central air conditioning heat
pumps, and small duct, high velocity systems as part of any
rulemaking under this section used to review or revise
standards for other central air conditioners and heat
pumps.''.
(b) Duty To Review Commercial Equipment.--Section 342(a)(6)
of the Energy Policy and Conservation Act (42 U.S.C.
6313(a)(6)) is amended--
(1) in subparagraph (A)(i), by inserting ``the standard
levels or design requirements applicable under that standard
to'' immediately before ``any small commercial''; and
(2) in subparagraph (C)--
(A) in clause (i)--
(i) by striking ``Not later than 6 years after issuance of
any final rule establishing or amending a standard, as
required for a product under this part,'' and inserting
``Every 6 years,''; and
(ii) by inserting after ``the Secretary shall'' the
following: ``conduct an evaluation of each class of covered
equipment and shall''; and
(B) by adding at the end the following:
``(vi) For any covered equipment as to which more than 6
years has elapsed since the issuance of the most recent final
rule establishing or amending a standard for the product as
of the date of enactment of this clause, the first notice
required under clause (i) shall be published by December 31,
2013.''.
(c) 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. 6. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY
EFFICIENT TECHNOLOGIES FOR INDUSTRY.
(a) In General.--As part of the research and development
activities of the Industrial Technologies Program of the
Department of Energy, the Secretary of Energy (referred to in
this section as the ``Secretary'') shall establish, as
appropriate, collaborative research and development
partnerships with other programs within the Office of Energy
Efficiency and Renewable Energy (including the Building
Technologies Program), the Office of Electricity Delivery and
Energy Reliability, and the Office of Science that--
(1) leverage the research and development expertise of
those programs to promote early stage energy efficiency
technology development;
(2) support the use of innovative manufacturing processes
and applied research for development, demonstration, and
commercialization of new technologies and processes to
improve efficiency (including improvements in efficient use
of water), reduce emissions, reduce industrial waste, and
improve industrial cost-competitiveness; and
(3) apply the knowledge and expertise of the Industrial
Technologies Program to help achieve the program goals of the
other programs.
(b) Reports.--Not later than 2 years after the date of
enactment of this Act and biennially thereafter, the
Secretary shall submit to Congress a report that describes
actions taken to carry out subsection (a) and the results of
those actions.
SEC. 7. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL
ENERGY EFFICIENCY.
(a) Definitions.--In this section:
[[Page H6601]]
(1) Industrial energy efficiency.--The term ``industrial
energy efficiency'' means the energy efficiency derived from
commercial technologies and measures to improve energy
efficiency or to generate or transmit electric power and
heat, including electric motor efficiency improvements,
demand response, direct or indirect combined heat and power,
and waste heat recovery.
(2) Industrial sector.--The term ``industrial sector''
means any subsector of the manufacturing sector (as defined
in North American Industry Classification System codes 31-33
(as in effect on the date of enactment of this Act))
establishments of which have, or could have, thermal host
facilities with electricity requirements met in whole, or in
part, by onsite electricity generation, including direct and
indirect combined heat and power or waste recovery.
(b) Report on the Deployment of Industrial Energy
Efficiency.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing--
(A) the results of the study conducted under paragraph (2);
and
(B) recommendations and guidance developed under paragraph
(3).
(2) Study.--The Secretary, in coordination with the
industrial sector and other stakeholders, shall conduct a
study of the following:
(A) The legal, regulatory, and economic barriers to the
deployment of industrial energy efficiency in all electricity
markets (including organized wholesale electricity markets,
and regulated electricity markets), including, as applicable,
the following:
(i) Transmission and distribution interconnection
requirements.
(ii) Standby, back-up, and maintenance fees (including
demand ratchets).
(iii) Exit fees.
(iv) Life of contract demand ratchets.
(v) Net metering.
(vi) Calculation of avoided cost rates.
(vii) Power purchase agreements.
(viii) Energy market structures.
(ix) Capacity market structures.
(x) Other barriers as may be identified by the Secretary,
in coordination with the industrial sector and other
stakeholders.
(B) Examples of--
(i) successful State and Federal policies that resulted in
greater use of industrial energy efficiency;
(ii) successful private initiatives that resulted in
greater use of industrial energy efficiency; and
(iii) cost-effective policies used by foreign countries to
foster industrial energy efficiency.
(C) The estimated economic benefits to the national economy
of providing the industrial sector with Federal energy
efficiency matching grants of $5,000,000,000 for 5- and 10-
year periods, including benefits relating to--
(i) estimated energy and emission reductions;
(ii) direct and indirect jobs saved or created;
(iii) direct and indirect capital investment;
(iv) the gross domestic product; and
(v) trade balance impacts.
(D) The estimated energy savings available from increased
use of recycled material in energy-intensive manufacturing
processes.
(3) Recommendations and guidance.--The Secretary, in
coordination with the industrial sector and other
stakeholders, shall develop policy recommendations regarding
the deployment of industrial energy efficiency, including
proposed regulatory guidance to States and relevant Federal
agencies to address barriers to deployment.
SEC. 8. BEST PRACTICES FOR ADVANCED METERING.
Section 543(e) of the National Energy Conservation Policy
Act (42 U.S.C. 8253(e)) is amended by striking paragraph (3)
and inserting the following:
``(3) Plan.--Not later than 180 days after the date on
which guidelines are established under paragraph (2), in a
report submitted by the agency under section 548(a), each
agency shall submit to the Secretary a plan describing the
manner in which the agency will implement the requirements of
paragraph (1), including--
``(A) how the agency will designate personnel primarily
responsible for achieving the requirements; and
``(B) a demonstration by the agency, complete with
documentation, of any finding that advanced meters or
advanced metering devices (as those terms are used in
paragraph (1)), are not practicable.
``(4) Best practices report.--
``(A) In general.--Not later than 180 days after the date
of enactment of this paragraph, the Secretary of Energy, in
consultation with the Secretary of Defense and the
Administrator of General Services, shall develop, and issue a
report on, best practices for the use of advanced metering of
energy use in Federal facilities, buildings, and equipment by
Federal agencies.
``(B) Components.--The report shall include, at a minimum--
``(i) summaries and analysis of the reports by agencies
under paragraph (3);
``(ii) recommendations on standard requirements or
guidelines for automated energy management systems,
including--
``(I) potential common communications standards to allow
data sharing and reporting;
``(II) means of facilitating continuous commissioning of
buildings and evidence-based maintenance of buildings and
building systems; and
``(III) standards for sufficient levels of security and
protection against cyber threats to ensure systems cannot be
controlled by unauthorized persons; and
``(iii) an analysis of--
``(I) the types of advanced metering and monitoring systems
being piloted, tested, or installed in Federal buildings; and
``(II) existing techniques used within the private sector
or other non-Federal government buildings.''.
SEC. 9. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION
STANDARD.
Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended--
(1) by redesignating the second subsection (f) (as added by
section 434(a) of Public Law 110-140 (121 Stat. 1614)) as
subsection (g); and
(2) in subsection (f)(7), by striking subparagraph (A) and
inserting the following:
``(A) In general.--For each facility that meets the
criteria established by the Secretary under paragraph (2)(B),
the energy manager shall use the web-based tracking system
under subparagraph (B)--
``(i) to certify compliance with the requirements for--
``(I) energy and water evaluations under paragraph (3);
``(II) implementation of identified energy and water
measures under paragraph (4); and
``(III) follow-up on implemented measures under paragraph
(5); and
``(ii) to publish energy and water consumption data on an
individual facility basis.''.
SEC. 10. 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
[[Page H6602]]
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'';
(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.'';
(D) in subsection (b)(1), by striking ``section 325(p)(5)''
and inserting ``section 325(p)(4)''; and
(E) in subsection (h)(3), by striking ``section 342(f)(3)''
and inserting ``section 342(f)(4)''.
(6) 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''.
(7) 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''.
(8) 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''.
(9) 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).
(10) 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''.
(11) 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)''.
(12) 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)''.
(13) 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 ``20F'' and inserting ``negative 20F''.
(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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Whitfield) and the gentleman from California (Mr. Waxman)
each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. WHITFIELD. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert extraneous materials in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. WHITFIELD. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in support of H.R. 6582, the American Energy
Manufacturing Technical Corrections Act, and I want to thank Mr. Waxman
and his staff for working with us on this legislation. Part of it has
been passed in the Senate, and we've worked very closely with the
Senate staff and Members as well.
This is a small but critical piece of energy legislation that I
encourage my colleagues to support:
Section 2 deals with an outdated standard for walk-in coolers that is
actually resulting in layoffs and loss of jobs in the State of Alabama;
Section 3 deals with a fix to water heater requirements that will
reduce regulatory burdens on manufacturers by transitioning to a single
definition for all covered water heaters;
Section 4 fixes a standard that cannot be met from the 2007 energy
bill for ``service over the counter'' refrigerators;
Section 5 deals with small duct high velocity systems;
Sections 6 and 7 seek to improve Federal coordination to help develop
and deploy industrial energy efficiency technologies;
Sections 8 and 9 aim to improve Federal energy efficiency, which will
ultimately save taxpayers money;
Section 10 makes additional routine technical corrections to the 2007
energy bill.
This bill will reduce regulatory burdens and provide greater
certainty for manufacturers, allowing them to stay in business, avoid
layoffs, and will also ensure the continued benefits of energy savings
and consumer savings because of increased energy efficiency.
H.R. 6582 carries the support of the Air Conditioning, Heating, and
Refrigeration Institute, the Industrial Energy Consumers of America, as
well as the American Council for an Energy-Efficient Economy, the
Alliance to Save Energy, and the National Association of Manufacturers.
This bill shows that we can work together in Congress in a bipartisan
manner to tackle important energy issues. To that end, I once again
want to thank my colleagues on the other side of the aisle, Mr. Waxman
and his staff, for working with us to help develop this legislation
that we all can support.
I might add that many of us on this side of the aisle feel as though
the 2007 energy bill has many provisions that we believe to be
challenging for stimulating private growth and creating jobs. I hope my
colleagues on the other side of the aisle will continue to work with us
on these matters in the future.
As the 112th Congress comes to a close, the passage of this modest
but important energy efficiency bill gives me hope that we can work
together in the coming years to tackle the many energy challenges
facing America. I encourage my colleagues to support passage of H.R.
6582.
I reserve the balance of my time.
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, December 3, 2012.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce, Rayburn HOB,
Washington, DC.
Dear Chairman Upton: I am writing to you concerning the
jurisdictional interest of the Committee on Science, Space,
and Technology in H.R. 6582, the American Energy
Manufacturing Technical Corrections Act. The suspension text
version of H.R. 6582, posted on November 30, 2012 contains
multiple provisions from H.R. 4850, the Enabling Energy
Saving Innovations Act, as amended and passed by the Senate
on September 22, 2012 under unanimous consent, which are
outside the original scope of H.R. 4850, as introduced and
passed by the House on June 26, 2012.
[[Page H6603]]
While the text of H.R. 6582 reflects an agreement reached
by the House Energy and Commerce Committee and the Senate
Energy and Natural Resources Committee, the text also
contains provisions that fall within the Rule X jurisdiction
of the Committee on Science, Space, and Technology.
I recognize and appreciate the desire to bring this
legislation before the House of Representatives, and
accordingly, I will waive further consideration of this bill
in Committee, notwithstanding any provisions that fall within
the jurisdiction of the Committee on Science, Space, and
Technology. This waiver, of course, is conditional on our
mutual understanding that agreeing to waive consideration of
this bill should not be construed as waiving, reducing, or
affecting the jurisdiction of the Committee on Science,
Space, and Technology.
Additionally, the Committee on Science, Space, and
Technology expressly reserves its authority to seek conferees
on any provision within its jurisdiction during any House-
Senate conference that may be convened on this, or any
similar legislation. I ask for your commitment to support any
request by the Committee for conferees on H.R. 6582, as well
as any similar or related legislation.
I ask that a copy of this letter be placed in the
Congressional Record during consideration of the bill on the
House floor.
Sincerely,
Ralph M. Hall,
Chairman, Committee on Science,
Space, and Technology.
____
House of Representatives, Committee on Energy and
Commerce,
Washington, DC, December 3, 2012.
Hon. Ralph M. Hall,
Chairman, Committee on Science, Space, and Technology,
Rayburn HOB, Washington, DC.
Dear Chairman Hall: Thank you for your letter regarding
H.R. 6582, the ``American Energy Manufacturing Technical
Corrections Act,'' which reflects the agreement reached by
the House and the Senate concerning the competing versions of
H.R. 4850 passed by each body. As you noted, the version of
H.R. 6582 that will be considered on the Floor contains
provisions that fall within the Rule X jurisdiction of the
Committee on Science, Space, and Technology.
I appreciate your willingness to forgo action on H.R. 6582,
and I agree that your decision should not prejudice the
Committee on Science, Space, and Technology with respect to
the appointment of conferees or its jurisdictional
prerogatives on this or similar legislation, for which you
will have my support.
I will include a copy of your letter and this response in
the Congressional Record during consideration of the bill on
the House floor.
Sincerely,
Fred Upton,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, December 3, 2012.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 6582, the
``American Energy Manufacturing Technical Corrections Act.''
There are certain provisions in the version of HR. 6582 that
will be considered on the House Floor that fall within the
Rule X jurisdiction of the Committee on Transportation and
Infrastructure.
In order to expedite the House's consideration of H.R.
6582, the Committee will forgo action on this bill. However,
this is conditional on our mutual understanding that forgoing
consideration of the bill does not prejudice the Committee
with respect to the appointment of conferees or to any future
jurisdictional claim over the subject matters contained in
this bill or similar legislation which fall within the
Committee's Rule X jurisdiction.
I would appreciate your response to this letter, confirming
this understanding, and would request that you include our
exchange of letters on this matter in the Congressional
Record during consideration of this bill on the House floor.
Sincerely,
John L. Mica,
Chairman.
____
House of Representatives, Committee on Energy and
Commerce,
Washington, DC, December 3, 2012.
Hon. John L. Mica,
Chairman, Committee on Transportation and Infrastructure,
Rayburn HOB, Washington, DC.
Dear Chairman Mica: Thank you for your letter regarding
H.R. 6582, the ``American Energy Manufacturing Technical
Corrections Act,'' which reflects the agreement reached by
the House and the Senate concerning the competing versions of
H.R. 4850 passed by each body. As you noted, the version of
H.R. 6582 that will be considered on the Floor contains
provisions that fall within the Rule X jurisdiction of the
Committee on Transportation and Infrastructure.
I appreciate your willingness to forgo action on H.R. 6582,
and I agree that your decision should not prejudice the
Committee on Transportation and Infrastructure with respect
to the appointment of conferees or its jurisdictional
prerogatives on this or similar legislation, for which you
will have my support.
I will include a copy of your letter and this response in
the Congressional Record during consideration of the bill on
the House floor.
Sincerely,
Fred Upton,
Chairman.
____
December 4, 2012.
Representative Upton,
House of Representatives, Rayburn HOB, Washington, DC.
Dear Chairman Upton: On behalf of the American Public Gas
Association (APGA), and the American Gas Association (AGA) we
would like to convey our concerns regarding H.R 6582, The
American Energy Manufacturing Technical Corrections Act.
APGA is the national association for publicly-owned natural
gas distribution systems. There are approximately 1,000
public gas systems in 36 states and approximately 700 of
these systems are APGA members. Publicly-owned gas systems
are not-for-profit, retail distribution entities owned by,
and accountable to, the citizens they serve. They include
municipal gas distribution systems, public utility districts,
county districts, and other public agencies that have natural
gas distribution facilities.
AGA represents more than 200 local energy companies that
deliver clean natural gas throughout the United States. There
are more than 71 million residential, commercial, and
industrial natural gas customers in the U.S., of which 92
percent--more than 65 million customers--receive their gas
from AGA members.
First, H.R. 6582 directs the Department of Energy to
transition from the current, separate definitions for water
heaters, to a uniform energy descriptor for all covered water
heaters and to establish testing procedures. We have concerns
about these testing procedures. The American Society of
Heating, Refrigerating and Air-Conditioning (ASHRAE) is
currently revising its Standard 118.2, Method of Testing for
Rating Residential Water Heaters. ASHRAE is an
internationally recognized American National Standards
Institute (ANSI) accredited standards developer. Standard
118.2 will provide testing changes as well as potential
changes to energy descriptors. When drafting the testing
procedures, DOE should consider ASHRAE 118.2. In fact, DOE is
already engaged in rulemaking on test procedures for these
products where ASHRAE 118.2 can be referenced for adoption.
Second, we are concerned that this legislation invites
additional regulation of residential water heaters by the U.
S. Consumer Product Safety Commission and may encourage the
unnecessary expansion of that group's Flammable Vapor
Ignition Resistant (FVIR) requirements beyond their current
scope, which could have a chilling impact on the applications
of condensing storage gas water heaters.
Third, we are concerned that the language in this bill that
sets minimum efficiency levels for small-duct, high-velocity
central systems, lowers existing efficiency standards and
preferences the use of electric appliances over equivalent
natural gas appliances. The first minimum efficiencies on
these products were promulgated in 2004, effective January
23, 2006 and required 7.7 HSPF (heating seasonal performance
factor) or higher, whereas this legislation requires only 6.8
HSPF and 7.2 HSPF minimums while comparable natural gas heat
pumps are still subject to the higher minimum standard of 7.7
HSPF.
Despite these concerns, we do not oppose the bill. Our
objective is to bring these concerns to your attention and to
encourage the Department of Energy to work with APGA and AGA
in the rulemaking process to ensure that the views of our
members are considered.
APGA and AGA appreciate your consideration of our views and
look forward to working further with you on this and other
natural gas issues.
Sincerely,
Bert Kalisch,
President & CEO,
American Public Gas Association.
Dave McCurdy,
President & CEO,
American Gas Association.
Mr. WAXMAN. Mr. Speaker, I yield myself such time as I may consume.
The United States and the world are facing an enormous and growing
threat: The pollution we are putting into the atmosphere is changing
the climate around us. In this last year alone, New York City has been
flooded by a superstorm, the Midwest has roasted in record-setting
drought, and wildfires have scorched the West. These are not
aberrations. They are the early warning signs of what the future will
look like.
Today, on one of the very last days of this Congress, we're taking
our first step to recognize this looming threat. It's not a big step--
in fact, it's a tiny one--but it gives hope that we can work together,
and it is a signal that at least we are headed in the right direction.
Energy efficiency is an essential part of any serious effort to
address climate change. It is the low-hanging fruit that reduces
pollution while saving Americans money and creating jobs. Whether
[[Page H6604]]
it's a building code or appliance standard or home retrofit, we should
be doing far more in this area. In fact, a recent International Energy
Agency analysis found that without new policies, two-thirds of the
cost-effective energy efficiency gains that could be made will remain
unrealized through 2035.
This bill includes a number of noncontroversial technical fixes to
appliance energy efficiency standards for water heaters, walk-in
freezers, deli counter-style refrigerators, and certain types of air
conditioners. The bill includes improvements to the process by which
the Department of Energy updates its energy efficiency standards. In
addition, there are a few sensible provisions to promote industrial
energy efficiency and the efficiency of Federal Government buildings.
This bill will not produce large energy savings, but it's a
worthwhile package of consensus improvements. The package is based on
provisions that recently passed the Senate by unanimous consent. Both
industry and energy efficiency advocates support the bill. This is a
bill that has a very good chance of becoming law this month.
But we need to do much, much more. The beginning of a new Congress
provides us an opportunity to work together on a bipartisan basis to
enact commonsense energy efficiency legislation. Such legislation will
save consumers money, boost domestic manufacturing, while cutting
pollution, including the carbon pollution that is driving dangerous
climate change.
I look forward to starting those discussions with Chairman Upton and
our Energy and Commerce Committee colleagues. There are many good ideas
for policies that would reduce waste and save energy, and we should
work together to explore those ideas and enact the ones we can agree
on.
{time} 1240
Today's bill is a first step. I encourage my colleagues to support
it, and I reserve the balance of my time.
Mr. WHITFIELD. Mr. Speaker, I yield 4 minutes to the gentleman from
Alabama (Mr. Aderholt), who wrote a portion of this bill and whose
State is at risk of losing jobs because of some technicalities.
Mr. ADERHOLT. I want to thank the gentleman from Kentucky for his
time and just take a moment to say how much we appreciate working with
him and his staff on this legislation as we've moved forward.
As has been mentioned here, the purpose of this legislation, in many
respects, is to make critical technical changes to the 2007 Energy
Independence and Security Act, known as EISA, which will both preserve
jobs and create new jobs in several related fields of industry.
I want to speak in particular to section 313 of EISA as it relates to
the efficiency standards of walk-in coolers and freezers. The section
mandates that cooler and freezer doors must meet a certain R-value as a
measurement of their ability to retain temperature and use less energy.
The problem here is that R-value is a measurement based primarily on
one insulating product in particular--foam--and on how thick that foam
actually is. However, requiring a product to meet an R-value prohibits
technologies that are just as efficient even though they utilize
alternative materials or technologies.
In this case, the technology is even more efficient. Although
regulatory statutes many times provide the Department of Energy with a
waiver authority, a waiver was not a part of this particular statute.
This legislation provides the Department of Energy with the authority
to waive the requirement if they determine a product meets or exceeds
the desired energy-efficiency goals.
Bureaucratic red tape and Federal regulations can sometimes
accidentally keep America's innovators and small businesses from
creating jobs. Therefore, the Manufacturing Technical Corrections Act
is a commonsense solution which maintains standards and yet corrects a
problem which otherwise stifles growth and causes companies to lose
jobs. Due to an increase in regulation over the past few years, too
many small businesses have had to lay off employees, reduce production,
and even shut their doors. This is precisely what happened to an
innovative manufacturing company in the district I represent back in
Alabama.
The Federal Government's embrace of outdated technology prohibits new
and innovative solutions to improve energy efficiency. Without
sacrificing the efficiency standards which drove the original bill, my
bill here that we're discussing this afternoon merely makes a
commonsense update.
Just to be clear, this legislation, H.R. 6582, does not create new
standards, but it does make existing standards better for businesses
and better for consumers. I can personally attest that this technical
corrections bill will directly affect over 100 jobs in the State of
Alabama, and potentially many others could be created with this new and
innovative technology. The other sections of this bill affect a similar
and, in some cases, I'm told, an even greater amount of jobs in other
places in the country.
Simply put, this commonsense legislation provides technical
corrections which remove barriers to technologies and which untie the
hands of companies that manufacture here in the United States of
America. This means jobs. And not only by moving this legislation will
we be able to create jobs, but we'll be able also to make sure that we
continue economic growth in this country.
Therefore, I suggest and urge my colleagues that they support this
legislation that's on the floor today.
Mr. WAXMAN. Mr. Speaker, I am pleased at this time to yield 3 minutes
to the gentleman from Missouri (Mr. Carnahan).
Mr. CARNAHAN. I rise today on behalf of H.R. 6582, the American
Energy Manufacturing Act. This is truly a commonsense, bipartisan bill.
I've been proud to work on it with my friend and neighbor,
Representative John Shimkus of Illinois, and also with Congresswoman
Judy Biggert, who has been my cochair of the High-Performance Building
Caucus. I want to thank Congressman Whitfield and Congressman Waxman
for their leadership on this matter here on the floor today.
And, finally, the gentleman from Alabama (Mr. Aderholt) for his
leadership in moving this bill forward today and for including
legislation that I sponsored in 2010, the Small Duct, High Velocity
Energy Efficiency Standards for America Act. Small duct, high velocity
systems are a special type of heating, ventilation, and air
conditioning systems. It is more energy efficient than traditional
units, especially for older and historic homes and buildings with
limited space for new duct work.
Even though it's more efficient, the Department of Energy lumped
these new systems in with a rulemaking for regular systems in 2002. The
Department eventually granted a waiver, basically saying that these new
small duct systems could be sold anyway as efficient products. But the
legislation before us today will codify that waiver into law so that
American manufacturers and consumers can truly benefit from the
advantages of these types of products.
Unico is a company that is one of several that manufacture these
systems. It is a small business of about 80 employees in my hometown of
St. Louis, Missouri. I've toured the Unico plant, and I've met with
their employees. I've seen the pride in their work, the craftsmanship
that they display. And those products go not just around the U.S., but
around the world.
Unico is an American success story. It's a small business created in
America, manufacturing products in America, and creating good-paying
manufacturing and construction jobs--exactly what this Congress and
this country should be all about. And when the actor Brad Pitt, also a
Missouri native, and the Make It Right Foundation unveiled plans to
build over 100 super-energy-efficient homes in New Orleans, they looked
around the world to find low-cost, energy-efficient systems, and they
chose Unico, creating more jobs in my hometown. We're proud of that.
But it isn't just about jobs, though. It's about becoming more energy
efficient as a Nation.
Heating and cooling account for 56 percent of energy use in the
typical house, making it the largest energy expense for most families.
Air conditioners alone use roughly 5 percent of all electricity
nationwide, at a cost of
[[Page H6605]]
over $11 billion to homeowners, releasing nearly 100 million tons of
carbon dioxide into the atmosphere.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. WAXMAN. Mr. Speaker, I yield the gentleman an additional 30
seconds.
Mr. CARNAHAN. Domestic manufacturing and use of high-energy heating
and cooling systems like the ones produced by Unico will reduce energy
up to 50 percent, save consumers billions of dollars a year, and create
jobs. I urge a ``yes'' vote on this bill and thank my colleagues for
their work today.
Mr. WHITFIELD. Mr. Speaker, I yield 4 minutes to the distinguished
gentleman from Illinois (Mr. Shimkus), who is chairman of the
Environment and Economy Subcommittee.
(Mr. SHIMKUS asked and was given permission to revise and extend his
remarks.)
Mr. SHIMKUS. I also come down in support of H.R. 6582 and want to
address the small duct, high velocity system provisions in this bill.
But first let me talk about my friend and colleague, Russ Carnahan. The
Carnahan name in my neighboring State of Missouri is well known and
well respected. Russ added to that legacy, and I thank him for his
service, and I thank him for his friendship.
Mr. Speaker, small duct, high velocity systems are a special type of
heating, ventilating, and air conditioning used especially for older
homes and buildings that don't have room for duct work. In terms of
delivered efficiency, these units are more energy efficient than
traditional HVAC units, a fact widely recognized, including by the
Department of Energy.
Unfortunately, more than 10 years ago, these small duct units were
incorrectly lumped into a rulemaking for regular HVAC units. Subsequent
administrations have attempted to correct this error in the past
through unrelated rulemaking regarding efficiency standards for
different types of units. However, the rulemaking for these unrelated
units was challenged and overturned. Because small duct, high velocity
units were included, the court's findings applied to them as well.
{time} 1250
The result of the court ruling forbids DOE efficiency rulemakings
that ratchet down standards already in place, even if those in place
were promulgated by mistake, as in the case of these units. Despite
this ruling, DOE has recognized small duct high velocity systems as
unique and that they should have their own set of efficiency standards.
As a result, DOE has given these systems waivers to be sold as
efficient products.
Mr. Speaker, the provisions of H.R. 6582 related to small duct high
velocity systems are taken from H.R. 1499 that Mr. Carnahan and I have
been working on. The language will codify these waivers already in
place and set up a regulatory process so sellers of these systems can
have relief from this regulatory burden. Furthermore, consumers will
have peace of mind that these products are truly energy efficient while
meeting their needs and not just operating under a waiver.
I urge my colleagues to support the entire bill, H.R. 6582. And to my
friend, Mr. Waxman, who is very passionate on climate, he also knows
that there are those of us who are just as passionate about jobs and
the economy and the fossil fuel economy, and I hope that we can work
together in the next Congress.
Mr. WAXMAN. Mr. Speaker, I am pleased at this time to yield 3 minutes
to the gentleman from Vermont (Mr. Welch), who is going to be joining
again the Energy and Commerce Committee to my great delight.
Mr. WELCH. I thank the gentleman from California, and I look forward
to returning to the committee and working with my colleagues on the
other side of the aisle as well.
I'm very pleased to be here supporting this legislation. Energy
efficiency makes sense. We have brutal arguments here about climate
change, about what is the right fuel source. They're dividing us. But
the fact is whether you believe in climate change or not, even under
the bill that was passed--not this session, but a session ago--we could
have met one-third of our climate reduction, carbon emission goals
through efficiency. There is an enormous potential in efficiency to
make this economy better, to create local jobs, to save people money.
This legislation starts down that road, and it's very good.
I look and see some of my colleagues over there, even my friend from
Georgia. I think we accidentally voted the same on one or two pieces of
legislation this year--and I'm not quite sure who made the mistake. But
our eyes are wide open on this one with efficiency. We know that this
is good for Georgia, it's good for Vermont. And it does not matter what
your fuel source is--you can be a nuclear person or a clean energy
person--using less is good for the pocketbook, it's good for the
economy.
I would like to expand on this when we come back next year, find that
area where we're in agreement on efficiency and energy and intensify
it. When I served on the committee, we did pass HOME STAR. I've
partnered this session with Mr. McKinley of West Virginia on a version
of that, the HOMES Act, where we would give some incentive to
homeowners to retrofit their homes. The evidence is that if you did
this in an aggressive way, 95 percent of the materials that are used in
retrofitting a home are manufactured in America, so we put those
manufacturing jobs back online.
Number two, the folks who do the work are the trade folks, who are
really still reeling from the housing slump. So they've got the skills
and they need the work; we put them back to work. Then your bill at
home, as a homeowner--whatever your heat source--goes down. This is
sensible and we can do it.
It's going to take some decisions on spending. I hope we can get past
this notion that every dollar spent is a bad dollar spent. There are
times when it makes sense to invest because you get a good return on
it, and that's from somebody who does believe that we've got to bring
our budget in balance.
So I say to the sponsors of this legislation, our leaders on the
committee, and my colleagues on both sides of the aisle, this is a
tremendous down-payment on efficiency that will be good for this
Congress to work together on and good for this country to get it done.
Mr. WHITFIELD. Mr. Speaker, I might say that we're all looking
forward to working with the gentleman from Vermont as he comes back to
the Energy and Commerce Committee.
At this time, I'd like to yield 3 minutes to the gentleman from
Georgia (Mr. Westmoreland), who wrote a portion of this bill.
Mr. WESTMORELAND. I want to thank the gentleman from Kentucky for
yielding me the time. I also want to thank the gentleman from Alabama
(Mr. Aderholt) for all the hard work that he and his staff and the
staff of Energy and Commerce have put into this. I also want to thank
the gentleman from California and his staff for working with us to get
this small part into this bill.
Mr. Speaker, we are asked a lot of times what part of this job we
enjoy the most, and whether you're talking to a school group or a group
from one of the civic clubs, sometimes it's hard to come up with an
answer. But in this case, this would be one of those cases where we
have come together, both sides of the aisle, and actually worked
together.
To my friend from Vermont, I will tell you that hopefully those
occasions where we vote together will not be as unusual as they have
been. But I look forward to voting with him on this issue because this
is almost a jobs bill. We heard the gentleman from Alabama and the
gentleman from Missouri and others talk about the number of jobs that
this is going to save. This is taking into consideration our precious
energy and making sure that we get the best efficiency out of it, and
at the same time maintaining jobs.
My part of this legislation is section 342(c), which deals with the
display cases. In this case, in the State of Georgia and the city of
Columbus, it has the potential of saving 1,180 jobs. At this point,
with 13 million unemployed in this country and many more underemployed,
it's very important for us to come together. I think this is a great
example of how we can come together to make sure that we are good
stewards of our energy, to make sure
[[Page H6606]]
that our products are the best in the world, the most energy efficient,
but yet have commonsense regulations that allow us to continue to push
these and make these products here in this country.
So again, I want to thank everybody for their support and hard work
on this, and especially from those 1,180 people in Georgia that will be
able to maintain employment.
Mr. WAXMAN. Mr. Speaker, I continue to reserve my time.
Mr. WHITFIELD. At this time, Mr. Speaker, I would like to yield 3
minutes to the gentlelady from Tennessee (Mrs. Blackburn), who is a
member of the Energy and Commerce Committee.
Mrs. BLACKBURN. Mr. Speaker, I do rise in strong support of H.R. 6582
today. I am so pleased to stand and to thank Mr. Whitfield and Mr.
Aderholt for the work that they have done on this. Also, I want to
thank Mr. Waxman for his efforts in this bill.
I also want to commend my colleague, Mr. Cooper, from Tennessee. He
and I had authored a piece of legislation, H.R. 482, the Water Heater
Rating Improvement Act of 2011, and it is now section 3 of the
underlying bill.
Essentially, what this section 3 would do is to fix a regulatory
problem related to the test methodology that the DOE uses to calculate
the efficiency levels of water heaters, which even the DOE has
acknowledged that the way they're doing this is broken and it does need
to be fixed.
This legislation will also level the playing field for our domestic
water heater manufacturers who are currently at a competitive
disadvantage with the foreign manufacturers. Of course we all know our
focus is on jobs and the economy and getting our domestic manufacturing
back to the pace where it should be for global competition.
{time} 1300
Essentially the problem is this: under the current standards, the
small and large water heaters are divided into two categories under two
separate Federal statutes. These statutes are based on an arbitrary
gallon capacity and energy input ratings. The smaller water heaters are
covered by the National Appliance Energy Conservation Act and are rated
using an Energy Factor, or an EF rating. Now the larger water heaters
are within the scope of the Energy Policy Act and are rated using a
Thermal Efficiency, or TE rating.
The problem facing American manufacturers is that under the current
rules of the road, only the small water heaters are deemed eligible
under the ENERGY STAR program. This is nonsensical. It's an outdated
measure and disqualifies our large American-made water heaters from
being covered by the ENERGY STAR ratings regardless of how advanced or
how highly efficient they may be.
The legislation before us today would provide the necessary
regulatory and business certainty that is needed by our manufacturers.
This legislation has the potential of adding upwards of 1,000 jobs for
domestic water heater manufacturers, many of them in my home State of
Tennessee, where there are already 3,000 jobs directly involved in the
manufacturing of water heaters.
I thank the chairman again. I thank the gentleman from Alabama (Mr.
Aderholt), and I also want to commend the gentleman from Tennessee (Mr.
Cooper).
Mr. WHITFIELD. Mr. Speaker, at this time, I would like to yield for a
period of 3 minutes to Dr. Roe of Tennessee, who is a member of the
Education Committee.
Mr. ROE of Tennessee. I thank the chairman for yielding.
Mr. Speaker, I rise today in support of H.R. 6582. This legislation
would establish a uniform energy-efficiency descriptor for all water
heaters, walk-in freezers, and walk-in coolers. The legislation also
improves the testing methods that determine whether or not these
products are energy efficient, which will provide certainty for the
manufacturers of these products.
The importance in my district, in my hometown, is one of our largest
manufacturers there is A.O. Smith, which makes up to 8,000 water
heaters a day. This is a real jobs issue in my hometown. These jobs
have good retirement plans and health insurance. Their competitors are
both in Canada and Mexico. And certainly we need to do anything we can
to help support these local manufacturers.
This bill will make it easier for consumers to compare the energy
efficiency of products and eliminate confusion that stems from having
more than one type of label. The decision to invest in a large-scale
appliance of this nature is a big one, and during these tough economic
times, consumers deserve information that's easily understood so that
they can make well-informed decisions. It's also helpful for
manufacturers to have clear guidelines for how products will be judged
for energy efficiency. And this is why--just to simplify what's going
on to make it easier for our manufacturers.
And let me tell you, I've walked through A.O. Smith's plant. I've
been through it. It's absolutely incredible to see a piece of sheet
metal, to see our manufacturers take a piece of metal and produce 8,000
water heaters in a single day for consumption in the United States. I
have one in my home. That's what I use. And I proudly have one in my
apartment here in Washington, D.C.
I would encourage support of this measure.
Mr. WAXMAN. Mr. Speaker, I have no further requests for time on my
side of the aisle to support this legislation. I know that almost all
Democrats that I have talked to think it's a good bill. I have urged
the others to join with them in supporting it. I think it's a
worthwhile piece of legislation. It's a small step, but it's a step in
the right direction. And it will clarify some issues that still need to
be clarified. So let's get this done.
And in pursuit of that objective, I yield back the balance of my
time.
Mr. WHITFIELD. I also want to urge everyone to support H.R. 6582, a
small, modest, energy-efficiency bill that will save some jobs.
I certainly want to thank the Members of the Senate, the Senate
staff, the gentleman from California (Mr. Waxman) and his committee
staff, and certainly the Energy and Power staff here on the House side
for being involved in these negotiations and working this out.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. BISHOP of Georgia. Mr. Speaker, I rise today to extend my support
for the American Energy Manufacturing Technical Corrections Act.
The bill would lessen the regulatory burden on deli-style display
cases (like the ones in grocery stores) by placing Service-Over-the-
Counter (SOTC) refrigerator units into a separate product
classification.
Currently, SOTC refrigerator units must meet the efficiency standards
designed for commercial refrigerators otherwise called ``reach-ins.''
These SOTC units are designed for maximum product visibility and
presentation. They require more glass and lighting than conventional
reach-ins. Their inherent design makes it impossible to reach the
minimum efficiency standards established in the Energy Policy Act of
2005.
There are a number of companies that would be affected by this
regulation, totaling about 8,500 jobs across the country. One of those
five companies is Lennox, employs approximately 1,700 people in the
State of Georgia. Kysor/Warren became a subsidiary of Lennox
International in 2011, and the company has been a leading manufacturer
of refrigerated systems and display cases for supermarkets throughout
North America. By creating a separate product class for service-over-
the-counter products, we can help save jobs in many communities.
Mr. Speaker, I ask my colleagues to join me in support of this
important legislation to protect American jobs in our communities.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Whitfield) that the House suspend the
rules and pass the bill, H.R. 6582, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WHITFIELD. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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