[Congressional Record (Bound Edition), Volume 153 (2007), Part 17]
[Senate]
[Pages 23393-23398]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BINGAMAN (for himself and Mr. Stevens):
  S. 2017. A bill. to amend the Energy Policy and Conservation Act to 
provide for national energy efficiency standards for general service 
incandescent lamps, and for other purposes; to the Committee on Energy 
and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation 
that will transform the lighting market in the U.S.
  Beginning in 2012 and continuing through 2014, the current 40, 60, 
75, and 100 watt incandescent bulbs will be phased out and replaced by 
lower wattage bulbs that produce the equivalent amount of light. For 
example, bulbs that currently consume 100 watts of electricity would be 
just as bright but would consume only 72 watts of electricity.
  By 2014, the traditional incandescent light bulbs found in 
approximately 4 billion U.S. light sockets will be virtually obsolete. 
Their 125 year old technology will be replaced by new technologies such 
as LEDS, light emitting diodes, halogen incandescent bulbs, improved 
compact fluorescent lamps and higher efficiency incandescent bulbs.
  When fully implemented, the new efficiency standards for incandescent 
lighting will save 65 billion kilowatt hours of electricity per year. 
This is the equivalent of shutting down 24 new 500 mw coal plants a 
year and would save consumers almost $6 billion a year in electricity 
costs. The light bulb standards will save nearly as much energy as of 
the Federal appliance standards from 1987 to 2000. Energy savings from 
this one standard are two to three times larger than savings from any 
other single appliance standard. Unlike the energy savings from longer-
lived appliances which are replaced on a 10 to 15 year cycle, the full 
savings from efficient light bulbs will roll in much sooner, about 1 to 
3 years after enactment.
  My legislation requires the Secretary of Energy to conduct two 
additional rulemakings to consider imposing more stringent efficiency 
standards for lighting. The secretary is required to consider a 
standard of 45 lumens per watt in the first rulemaking and to adopt 
that standard or an alternative standard that results in equivalent or 
greater energy savings. If the Secretary fails adopt a standard with 
the equivalent savings or fails to complete the first rulemaking on 
time, a 45 lumens per watt standard will become effective in 2020.
  The legislation also includes detailed provisions aimed at preventing 
unscrupulous manufacturers from finding ways to avoid the efficiency 
regulations.
  The bill seeks to help consumers make their lighting purchasing 
decisions based on lifecycle cost, lamp lifetime and lighting quality 
by improving the labeling requirements for light bulbs. In addition, 
the Secretary of Energy, in cooperation with EPA, Commerce, and the FTC 
is required to provide an annual assessment of the market for general 
service lamps and compact fluorescents. The Secretary is also required 
to work with the lighting industry, utilities and other parties to 
carry out a national consumer awareness program to help consumers make 
energy efficient lighting choices.
  Many of the provisions in my bill were hammered out in negotiations 
between major lighting manufacturers and efficiency advocates. In fact, 
Philips Lighting was the initiator of the negotiations on phasing out 
inefficient incandescent lamps, and Osram Sylvania and General Electric 
were actively engaged in the process. Many efficiency advocates 
participated in the negotiations including the Alliance to Save Energy, 
ACEEE, and NRDC. The negotiators made a great deal of progress but were 
unfortunately unable to reach consensus on all of the issues involved 
before the energy bill was considered by the Senate.
  My bill sets forth a reasonable process that will save a significant 
amount of energy and also allow manufacturers to plan for and implement 
major changes in an orderly way. The House energy bill includes a 
similar lighting provision authored by Representatives Harman and 
Upton.
  I intend to hold a hearing on this legislation next week. I hope that 
what we learn at the hearing will facilitate reaching a consensus on 
efficient lighting standards during the House-Senate conference H.R. 6, 
the energy bill. We must take action to assure that the potential 
energy savings from these standards become a reality.

[[Page 23394]]

  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2017

       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 ``Energy 
     Efficient Lighting for a Brighter Tomorrow Act of 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definition of Secretary.

              TITLE I--GENERAL SERVICE INCANDESCENT LAMPS

Sec. 101. Energy efficiency standards for general service incandescent 
              lamps.
Sec. 102. Consumer education and lamp labeling.
Sec. 103. Market assessments and consumer awareness program.
Sec. 104. General rule of preemption for energy conservation standards 
              before Federal standard becomes effective for a product.
Sec. 105. Prohibited acts.
Sec. 106. Enforcement.
Sec. 107. Research and development program.
Sec. 108. Report on mercury use and release.

           TITLE II--STANDARDS FOR METAL HALIDE LAMP FIXTURES

Sec. 201. Definitions.
Sec. 202. Coverage.
Sec. 203. Test procedures.
Sec. 204. Labeling.
Sec. 205. Energy conservation standards.
Sec. 206. Effect on other law.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) there are approximately 4,000,000,000 screw-based 
     sockets in the United States that contain traditional, 
     energy-inefficient, incandescent light bulbs;
       (2) incandescent light bulbs are based on technology that 
     is more than 125 years old; and
       (3) it is in the national interest to encourage the use of 
     more energy-efficient lighting products in the market through 
     energy conservation standards that become effective during 
     the 8-year period beginning on the date of enactment of this 
     Act and--
       (A) establish the efficiency requirements to ensure that 
     replacement lamps will provide consumers with the same 
     quantity of light while using significantly less energy;
       (B) ensure that consumers will continue to have multiple 
     product choices, including energy-saving halogen, 
     incandescent, compact fluorescent, and LED light bulbs; and
       (C) work with industry and key stakeholders on measures 
     that can assist consumers and businesses in making the 
     important transition to more efficient lighting.

     SEC. 3. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     Energy.

              TITLE I--GENERAL SERVICE INCANDESCENT LAMPS

     SEC. 101. ENERGY EFFICIENCY STANDARDS FOR GENERAL SERVICE 
                   INCANDESCENT LAMPS.

       (a) Definition of General Service Incandescent Lamp.--
     Section 321(30) of the Energy Policy and Conservation Act (42 
     U.S.C. 6291(30)) is amended--
       (1) by striking subparagraph (D) and inserting the 
     following:
       ``(D) General service incandescent lamp.--
       ``(i) In general.--The term `general service incandescent 
     lamp' means a standard incandescent or halogen type lamp 
     that--

       ``(I) is intended for general service applications;
       ``(II) has a medium screw base;
       ``(III) has a lumen range of not less than 200 lumens and 
     not more than 3,000 lumens;
       ``(IV) has a voltage range at least partially within 110 
     and 130 volts;
       ``(V) has an A-15, A-19, A-21, A-23, A-25, PS-25, PS-30, 
     BT-14.5, BT-15, CP-19, TB-19, CA-22, or equivalent shape (as 
     defined in ANSI C78.20-2003); and
       ``(VI) has a bulb finish of the frosted, clear, soft white, 
     or modified spectrum type.

       ``(ii) Exclusions.--The term `general service incandescent 
     lamp' does not include the following incandescent lamps:

       ``(I) An appliance lamp.
       ``(II) A black light lamp.
       ``(III) A bug lamp.
       ``(IV) A colored lamp.
       ``(V) An infrared lamp.
       ``(VI) A left-hand thread lamp.
       ``(VII) A marine lamp.
       ``(VIII) A marine signal service lamp.
       ``(IX) A mine service lamp.
       ``(X) A plant light lamp.
       ``(XI) A reflector lamp.
       ``(XII) A rough service lamp.
       ``(XIII) A shatter-resistant lamp (including a shatter-
     proof lamp and a shatter-protected lamp).
       ``(XIV) A sign service lamp.
       ``(XV) A silver bowl lamp.
       ``(XVI) A showcase lamp.
       ``(XVII) A 3-way incandescent lamp.
       ``(XVIII) A traffic signal lamp.
       ``(XIX) A vibration service lamp.''; and

       (2) by adding at the end the following:
       ``(T) Appliance lamp.--The term `appliance lamp' means any 
     lamp that--
       ``(i) is specifically designed to operate in a household 
     appliance, has a maximum wattage of 40 watts, and is sold at 
     retail, including an oven lamp, refrigerator lamp, and vacuum 
     cleaner lamp; and
       ``(ii) is designated and marketed for the intended 
     application, with--

       ``(I) the designation on the lamp packaging; and
       ``(II) marketing materials that identify the lamp as being 
     for appliance use.

       ``(U) Candelabra base incandescent lamp.--The term 
     `candelabra base incandescent lamp' means a lamp that uses 
     candelabra screw base as described in ANSI C81.61-2006, 
     Specifications for Electric Bases, common designations E11 
     and E12.
       ``(V) Intermediate base incandescent lamp.--The term 
     `intermediate base incandescent lamp' means a lamp that uses 
     an intermediate screw base as described in ANSI C81.61-2006, 
     Specifications for Electric Bases, common designation E17.
       ``(W) Modified spectrum.--The term `modified spectrum' 
     means, with respect to an incandescent lamp, an incandescent 
     lamp that--
       ``(i) is not a colored incandescent lamp; and
       ``(ii) when operated at the rated voltage and wattage of 
     the incandescent lamp--

       ``(I) has a color point with (x,y) chromaticity coordinates 
     on the Commission Internationale de l'Eclairage (C.I.E.) 1931 
     chromaticity diagram that lies below the black-body locus; 
     and
       ``(II) has a color point with (x,y) chromaticity 
     coordinates on the C.I.E. 1931 chromaticity diagram that lies 
     at least 4 MacAdam steps (as referenced in IESNA LM16) 
     distant from the color point of a clear lamp with the same 
     filament and bulb shape, operated at the same rated voltage 
     and wattage.

       ``(X) Rough service lamp.--The term `rough service lamp' 
     means a lamp that--
       ``(i) has a minimum of 5 supports with filament 
     configurations similar to but not limited to C-7A, C-11, C-
     17, and C-22 as listed in Figure 6-12 of the 9th edition of 
     the IESNA Lighting handbook, where lead wires are not counted 
     as supports; and
       ``(ii) is designated and marketed specifically for `rough 
     service' applications, with--

       ``(I) the designation appearing on the lamp packaging; and
       ``(II) marketing materials that identify the lamp as being 
     for rough service.

       ``(Y) 3-way incandescent lamp.--The term `3-way 
     incandescent lamp' includes an incandescent lamp that--
       ``(i) employs 2 filaments, operated separately and in 
     combination, to provide 3 light levels; and
       ``(ii) is designated on the lamp packaging and marketing 
     materials as being a 3-way incandescent lamp.
       ``(Z) Shatter-resistant lamp, shatter-proof lamp, or 
     shatter-protected lamp.--The terms `shatter-resistant lamp', 
     `shatter-proof lamp', and `shatter-protected lamp' mean a 
     lamp that--
       ``(i) has a coating or equivalent technology that is 
     compliant with NSF/ANSI 51 and is designed to contain the 
     glass if the glass envelope of the lamp is broken; and
       ``(ii) is designated and marketed for the intended 
     application, with--

       ``(I) the designation on the lamp packaging; and
       ``(II) marketing materials that identify the lamp as being 
     shatter-resistant, shatter-proof, or shatter-protected.

       ``(AA) Vibration service lamp.--The term `vibration service 
     lamp' means a lamp that--
       ``(i) has filament configurations that are similar to but 
     not limited to C-5, C-7A, or C-9, as listed in Figure 6-12 of 
     the 9th Edition of the IESNA Lighting Handbook;
       ``(ii) has a maximum wattage of 60 watts;
       ``(iii) is sold at retail in packages of 4 lamps or less; 
     and
       ``(iv) is designated and marketed specifically for 
     vibration service or vibration-resistant applications, with--

       ``(I) the designation appearing on the lamp packaging; and
       ``(II) marketing materials that identify the lamp as being 
     vibration service only.''.

       (b) Coverage.--Section 322(a)(14) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)(14)) is amended by 
     inserting ``, general service incandescent lamps,'' after 
     ``fluorescent lamps''.
       (c) Energy Conservation Standards.--Section 325 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295) is 
     amended--
       (1) in subsection (i)--
       (A) in the section heading, by inserting ``, General 
     Service Incandescent Lamps, Intermediate Base Incandescent 
     Lamps, Candelabra Base Incandescent Lamps,'' after 
     ``Fluorescent Lamps'';
       (B) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by inserting ``, general service incandescent lamps, 
     intermediate base incandescent lamps, candelabra base 
     incandescent lamps,'' after ``fluorescent lamps'';
       (II) by inserting ``, new maximum wattage,'' after ``lamp 
     efficacy''; and

[[Page 23395]]

       (III) by inserting after the table entitled ``incandescent 
     reflector lamps'' the following:


                    ``CLEAR, INSIDE FROST, AND SOFT WHITE GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                     Maximum Rate     Minimum Rate    Effective
                       Rated Lumen Ranges                               Wattage         Lifetime        Date
----------------------------------------------------------------------------------------------------------------
1490-2600                                                                        72     1,000 hrs      1/1/2012
1010-1489                                                                        53     1,000 hrs      1/1/2013
730-1009                                                                         43     1,000 hrs      1/1/2014
310-729                                                                          29     1,000 hrs      1/1/2014
----------------------------------------------------------------------------------------------------------------



                             ``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                     Maximum Rate     Minimum Rate    Effective
                       Rated Lumen Ranges                               Wattage         Lifetime        Date
----------------------------------------------------------------------------------------------------------------
1118-1950                                                                        72     1,000 hrs      1/1/2012
758-1117                                                                         53     1,000 hrs      1/1/2013
548-757                                                                          43     1,000 hrs      1/1/2014
232-547                                                                          29     1,000 hrs    1/1/2014''
----------------------------------------------------------------------------------------------------------------

     ; and

       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Color rendering index.--
       ``(i) Application.--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;
       ``(III) has a voltage range that is at least partially 
     within 110 and 130 volts;
       ``(IV) has no external bulb or a bulb of the frosted, 
     clear, soft white, or modified spectrum type; and
       ``(V) 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 frosted, clear, and soft white lamps; or
       ``(II) 75 for modified spectrum lamps.

       ``(C) Candelabra incandescent lamps and intermediate base 
     incandescent lamps.--
       ``(i) Candelabra base incandescent lamps.--A candelabra 
     base incandescent lamp shall not exceed 60 rated watts.
       ``(ii) Intermediate base incandescent lamps.--An 
     intermediate base incandescent lamp shall not exceed 40 rated 
     watts.
       ``(D) 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 clause (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 subparagraph, 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 types 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 the petition 
     presents evidence that (assuming no other evidence is 
     considered) demonstrates that sales of exempted incandescent 
     lamp types have increased significantly since the standards 
     on general service lamps were established and are being 
     widely used in general lighting applications.
       ``(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 type under this subparagraph, the 
     Secretary shall--

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

       ``(F) Definition of effective date.--In this paragraph, 
     except as otherwise provided in a table contained in 
     subparagraph (A), the term `effective date' means the last 
     day of the month specified in the table that follows October 
     24, 1992.'';
       (C) in paragraph (5), in the first sentence, by striking 
     ``and general service incandescent lamps'';
       (D) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (E) by inserting after paragraph (5) the following:
       ``(6) Standards for general service incandescent lamps.--
       ``(A) Rulemaking before january 1, 2015.--
       ``(i) In general.--Not later than January 1, 2015, the 
     Secretary shall initiate a rulemaking procedure to determine 
     whether--

       ``(I) standards in effect for general service incandescent 
     lamps should be amended to establish more stringent maximum 
     wattage than the standards specified in paragraph (1)(A); and
       ``(II) the exemptions for certain incandescent lamps should 
     be maintained or discontinued.

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

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

       ``(iii) Amended standards.--If the Secretary determines 
     that the standards in effect for general service incandescent 
     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 sale of any general 
     service lamp that emits less than 300 percent of the average 
     lumens per watt emitted by a 100-watt incandescent general 
     service lamp that is commercially available on the date of 
     enactment of this clause.
       ``(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 incandescent 
     lamps should be amended to reflect lumen ranges with more 
     stringent maximum wattage than the standards specified in 
     paragraph (1)(A); and
       ``(II) the exemptions for certain incandescent lamps should 
     be maintained or discontinued.

[[Page 23396]]

       ``(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 incandescent 
     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.''; and

       (2) in subsection (l), by adding at the end the following:
       ``(4) Energy efficiency standards for certain lamps.--
       ``(A) In general.--The Secretary shall prescribe an energy 
     efficiency standard for rough service lamps, vibration 
     service lamps, 3-way incandescent lamps, 150-watt general 
     service incandescent lamps, and shatter-resistant lamps only 
     in accordance with this paragraph.
       ``(B) Benchmarks.--Not later than 1 year after the date of 
     enactment of this paragraph, the Secretary, in consultation 
     with the National Electrical Manufacturers Association, 
     shall--
       ``(i) collect actual data for United States unit sales for 
     each of calendar years 1990 through 2006 for each of the 5 
     types of lamps described in subparagraph (A) to determine the 
     historical growth rate of the type of lamp; and
       ``(ii) construct a model for each type of lamp based on 
     coincident economic indicators that closely match the 
     historical annual growth rate of the type of lamp to provide 
     a neutral comparison benchmark to model future unit sales 
     after calendar year 2006.
       ``(C) Actual sales data.--
       ``(i) In general.--Effective for each of calendar years 
     2010 through 2025, the Secretary, in consultation with the 
     National Electrical Manufacturers Association, shall--

       ``(I) collect actual United States unit sales data for each 
     of 5 types of lamps described in subparagraph (A); and
       ``(II) not later than 90 days after the end of each 
     calendar year, compare the lamp sales in that year with the 
     sales predicted by the comparison benchmark for each of the 5 
     types of lamps described in subparagraph (A).

       ``(ii) Continuation of tracking.--

       ``(I) Determination.--Not later than January 1, 2023, the 
     Secretary shall determine if actual sales data should be 
     tracked for the lamp types described in subparagraph (A) 
     after calender year 2025.
       ``(II) Continuation.--If the Secretary finds that the 
     market share of a lamp type described in subparagraph (A) 
     could significantly erode the market share for general 
     service lamps, the Secretary shall continue to track the 
     actual sales data for the lamp type.

       ``(D) Rough service lamps.--
       ``(i) In general.--Effective beginning with the first year 
     that the reported annual sales rate for rough service lamps 
     demonstrates actual unit sales of rough service lamps that 
     achieve levels that are at least 100 percent higher than 
     modeled unit sales for that same year, the Secretary shall--

       ``(I) not later than 90 days after the end of the previous 
     calendar year, issue a finding that the index has been 
     exceeded; and
       ``(II) not later than the date that is 1 year after the end 
     of the previous calendar year, complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     rough service lamps.

       ``(ii) Backstop requirement.--If the Secretary fails to 
     complete an accelerated rulemaking in accordance with clause 
     (i)(II), effective beginning 1 year after the date of the 
     issuance of the finding under clause (i)(I), the Secretary 
     shall require rough service lamps to--

       ``(I) have a shatter-proof coating or equivalent technology 
     that is compliant with NSF/ANSI 51 and is designed to contain 
     the glass if the glass envelope of the lamp is broken and to 
     provide effective containment over the life of the lamp;
       ``(II) have a maximum 40-watt limitation; and
       ``(III) be sold at retail only in a package containing 1 
     lamp.

       ``(E) Vibration service lamps.--
       ``(i) In general.--Effective beginning with the first year 
     that the reported annual sales rate for vibration service 
     lamps demonstrates actual unit sales of vibration service 
     lamps that achieve levels that are at least 100 percent 
     higher than modeled unit sales for that same year, the 
     Secretary shall--

       ``(I) not later than 90 days after the end of the previous 
     calendar year, issue a finding that the index has been 
     exceeded; and
       ``(II) not later than the date that is 1 year after the end 
     of the previous calendar year, complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     vibration service lamps.

       ``(ii) Backstop requirement.--If the Secretary fails to 
     complete an accelerated rulemaking in accordance with clause 
     (i)(II), effective beginning 1 year after the date of the 
     issuance of the finding under clause (i)(I), the Secretary 
     shall require vibration service lamps to--

       ``(I) have a maximum 40-watt limitation; and
       ``(II) be sold at retail only in a package containing 1 
     lamp.

       ``(F) 3-way incandescent lamps.--
       ``(i) In general.--Effective beginning with the first year 
     that the reported annual sales rate for 3-way incandescent 
     lamps demonstrates actual unit sales of 3-way incandescent 
     lamps that achieve levels that are at least 100 percent 
     higher than modeled unit sales for that same year, the 
     Secretary shall--

       ``(I) not later than 90 days after the end of the previous 
     calendar year, issue a finding that the index has been 
     exceeded; and
       ``(II) not later than the date that is 1 year after the end 
     of the previous calendar year, complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     3-way incandescent lamps.

       ``(ii) Backstop requirement.--If the Secretary fails to 
     complete an accelerated rulemaking in accordance with clause 
     (i)(II), effective beginning 1 year after the date of 
     issuance of the finding under clause (i)(I), the Secretary 
     shall require that--

       ``(I) each filament in a 3-way incandescent lamp meet the 
     new maximum wattage requirements for the respective lumen 
     range established under subsection (i)(1)(A); and
       ``(II) 3-way lamps be sold at retail only in a package 
     containing 1 lamp.

       ``(G) 150-watt general service incandescent lamps.--
       ``(i) In general.--Effective beginning with the first year 
     that the reported annual sales rate demonstrates actual unit 
     sales of 150-watt general service incandescent lamps in the 
     lumen range of 2,601 through 3,300 lumens (or, in the case of 
     a modified spectrum, in the lumen range of 1,951 through 
     2,475 lumens) that achieve levels that are at least 100 
     percent higher than modeled unit sales for that same year, 
     the Secretary shall--

       ``(I) not later than 90 days after the end of the previous 
     calendar year, issue a finding that the index has been 
     exceeded; and
       ``(II) not later than the date that is 1 year after the end 
     of the previous calendar year, complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     those 150-watt general service incandescent lamps.

       ``(ii) Backstop requirement.--If the Secretary fails to 
     complete an accelerated rulemaking in accordance with clause 
     (i)(II), effective beginning 1 year after the date of 
     issuance of the finding under clause (i)(I), the Secretary 
     shall impose--

       ``(I) a maximum 95-watt limitation on general service 
     incandescent lamps in the lumen range of 2,601 through 3,300 
     lumens; and
       ``(II) a requirement that those lamps be sold at retail 
     only in a package containing 1 lamp.

       ``(H) Shatter-resistant lamps.--
       ``(i) In general.--Effective beginning with the first year 
     that the reported annual sales rate for shatter-resistant 
     lamps demonstrates actual unit sales of shatter-resistant 
     lamps that achieve levels that are at least 100 percent 
     higher than modeled unit sales for that same year, the 
     Secretary shall--

       ``(I) not later than 90 days after the end of the previous 
     calendar year, issue a finding that the index has been 
     exceeded; and
       ``(II) not later than the date that is 1 year after the end 
     of the previous calendar year, complete an accelerated 
     rulemaking to establish an energy conservation standard for 
     shatter-resistant lamps.

       ``(ii) Backstop requirement.--If the Secretary fails to 
     complete an accelerated rulemaking in accordance with clause 
     (i)(II), effective beginning 1 year after the date of 
     issuance of the finding under clause (i)(I), the Secretary 
     shall impose--

       ``(I) a maximum wattage limitation of 40 watts on shatter 
     resistant lamps; and
       ``(II) a requirement that those lamps be sold at retail 
     only in a package containing 1 lamp.

       ``(I) Rulemakings before january 1, 2025.--
       ``(i) In general.--Except as provided in clause (ii), if 
     the Secretary issues a final rule prior to January 1, 2025, 
     establishing an energy conservation standard for any of the 5 
     types of lamps for which data collection is required under 
     any of subparagraphs (D) through (G), the requirement to 
     collect and model data for that type of lamp shall terminate 
     unless, as part of the rulemaking, the Secretary determines 
     that continued tracking is necessary.
       ``(ii) Backstop requirement.--If the Secretary imposes a 
     backstop requirement as a result of a failure to complete an 
     accelerated rulemaking in accordance with clause (i)(II) of 
     any of subparagraphs (D) through (G), the requirement to 
     collect and model data for the applicable type of lamp shall 
     continue for an additional 2 years after the effective date 
     of the backstop requirement.''.

     SEC. 102. CONSUMER EDUCATION AND LAMP LABELING.

       Section 324(a)(2)(C) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6294(a)(2)(C))

[[Page 23397]]

     is amended by adding at the end the following:
       ``(iii) Rulemaking to consider effectiveness of lamp 
     labeling.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this clause, the Commission shall initiate a 
     rulemaking to consider--

       ``(aa) the effectiveness of current lamp labeling for power 
     levels or watts, light output or lumens, and lamp lifetime; 
     and
       ``(bb) alternative labeling approaches that will help 
     consumers to understand new high-efficiency lamp products and 
     to base the purchase decisions of the consumers on the most 
     appropriate source that meets the requirements of the 
     consumers for lighting level, light quality, lamp lifetime, 
     and total lifecycle cost.

       ``(II) Completion.--The Commission shall--

       ``(aa) complete the rulemaking not later than the date that 
     is 30 months after the date of enactment of this clause; and
       ``(bb) consider reopening the rulemaking not later than 180 
     days before the effective dates of the standards for general 
     service incandescent lamps established under section 
     325(i)(1)(A), if the Commission determines that further 
     labeling changes are needed to help consumers understand lamp 
     alternatives.''.

     SEC. 103. MARKET ASSESSMENTS AND CONSUMER AWARENESS PROGRAM.

       (a) In General.--In cooperation with the Administrator of 
     the Environmental Protection Agency, the Secretary of 
     Commerce, the Federal Trade Commission, lighting and retail 
     industry associations, energy efficiency organizations, and 
     any other entities that the Secretary determines to be 
     appropriate, the Secretary shall--
       (1) conduct an annual assessment of the market for general 
     service lamps and compact fluorescent lamps to--
       (A) identify trends in the market shares of lamp types, 
     efficiencies, and light output levels purchased by 
     residential and nonresidential consumers; and
       (B) better understand the degree to which consumer 
     decisionmaking is based on lamp power levels or watts, light 
     output or lumens, lamp lifetime, and other factors, including 
     information required on labels mandated by the Federal Trade 
     Commission;
       (2) provide the results of the market assessment to the 
     Federal Trade Commission for consideration in the rulemaking 
     described in section 324(a)(2)(C)(iii) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6294(a)(2)(C)(iii)); and
       (3) in cooperation with industry trade associations, 
     lighting industry members, utilities, and other interested 
     parties, carry out a proactive national program of consumer 
     awareness, information, and education that broadly uses the 
     media and other effective communication techniques over an 
     extended period of time to help consumers understand the lamp 
     labels and make energy-efficient lighting choices that meet 
     the needs of consumers.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2009 through 2012.

     SEC. 104. GENERAL RULE OF PREEMPTION FOR ENERGY CONSERVATION 
                   STANDARDS BEFORE FEDERAL STANDARD BECOMES 
                   EFFECTIVE FOR A PRODUCT.

       Section 327(b)(1) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6297(b)(1)) is amended--
       (1) by inserting ``(A)'' after ``(1)'';
       (2) by inserting ``or'' after the semicolon at the end; and
       (3) by adding at the end the following:
       ``(B) in the case of any portion of any regulation that 
     establishes requirements for general service incandescent 
     lamps, intermediate base incandescent lamps, or candelabra 
     base lamps, was enacted or adopted before the date of 
     enactment of this subparagraph, except that--
       ``(i) the regulation shall only be effective until the 
     effective date of the Federal standard for the applicable 
     lamp category under subparagraphs (A), (B), and (C) of 
     section 325(i)(1); and
       ``(ii) a State may, at any time, modify or adopt a State 
     standard for general service lamps to conform with Federal 
     standards and effective dates.''.

     SEC. 105. PROHIBITED ACTS.

       Section 332(a) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6302(a)) is amended--
       (1) in paragraph (4), by striking ``or'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(6) for any manufacturer, distributor, retailer, or 
     private labeler to distribute in commerce an adapter that--
       ``(A) is designed to allow an incandescent lamp that does 
     not have a medium screw base to be installed into a fixture 
     or lampholder with a medium screw base socket; and
       ``(B) has a voltage range that includes 110 and 130 
     volts.''.

     SEC. 106. ENFORCEMENT.

       Section 334 of the Energy Policy and Conservation Act (42 
     U.S.C. 6304) is amended by inserting after the second 
     sentence the following: ``Any such action to restrain any 
     person from distributing in commerce a general service 
     incandescent lamp that does not comply with the applicable 
     standard established under section 325(i) or an adapter 
     prohibited under section 332(a)(6) may also be brought by the 
     attorney general of a State in the name of the State.''.

     SEC. 107. RESEARCH AND DEVELOPMENT PROGRAM.

       (a) In General.--The Secretary may carry out a lighting 
     technology research and development program--
       (1) to support the research, development, demonstration, 
     and commercial application of lamps and related technologies 
     sold, offered for sale, or otherwise made available in the 
     United States; and
       (2) to assist manufacturers of general service lamps in the 
     manufacturing of general service lamps that, at a minimum, 
     achieve the wattage requirements imposed as a result of the 
     amendments made by section 101.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2008 through 2013.
       (c) Termination of Authority.--The program under this 
     section shall terminate on September 30, 2015.

     SEC. 108. REPORT ON MERCURY USE AND RELEASE.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary, in cooperation with the Administrator of 
     the Environmental Protection Agency, shall submit to Congress 
     a report describing recommendations relating to the means by 
     which the Federal Government may reduce or prevent the 
     release of mercury during the manufacture, transportation, 
     storage, or disposal of light bulbs.

           TITLE II--STANDARDS FOR METAL HALIDE LAMP FIXTURES

     SEC. 201. DEFINITIONS.

       Section 321 of the Energy Policy and Conservation Act (42 
     U.S.C. 6291) is amended by adding at the end the following:
       ``(52) Ballast.--The term `ballast' means a device used 
     with an electric discharge lamp to obtain necessary circuit 
     conditions (including voltage, current, and waveform) for 
     starting and operating.
       ``(53) Ballast efficiency.--
       ``(A) In general.--The term `ballast efficiency' means, 
     with respect to a high intensity discharge fixture, the 
     efficiency of a lamp and ballast combination this is equal to 
     the percentage obtained by dividing Pout/
     Pin, as measured, with--
       ``(i) Pout equal to the measured operating lamp 
     wattage; and
       ``(ii) Pin equal to the measured operating input 
     wattage.
       ``(B) Administration.--In calculating ballast efficiency 
     under subparagraph (A)--
       ``(i) the lamp and (if provided) the capacitor shall 
     constitute a nominal system in accordance with the ANSI 
     Standard C78.43-2004; and
       ``(ii) Pin and Pout shall be measured 
     after lamps have been stabilized according to section 4.4 of 
     ANSI Standard C82.6-2005 using a wattmeter with--

       ``(I) in the case of ballast with a frequency of 60 hertz, 
     accuracy specified in section 4.5 of ANSI Standard C82.6-
     2005; and
       ``(II) in the case of ballast with a frequency greater than 
     60 hertz, a basic accuracy of  0.5 percent at the 
     higher of 3 times the output operating frequency of the 
     ballast, or 2 kilohertz.

       ``(C) Modification.--The Secretary may, by rule, modify the 
     definition of `ballast efficiency' if the Secretary 
     determines that the modification is necessary or appropriate 
     to carry out this Act.
       ``(54) Electronic ballast.--The term `electronic ballast' 
     means a device that use semiconductors as the primary means 
     to control lamp starting and operation.
       ``(55) General lighting application.--The term `general 
     lighting application' means lighting that provides an 
     interior or exterior area with overall illumination.
       ``(56) Metal halide ballast.--The term `metal halide 
     ballast' means a ballast that is used to start and operate 
     metal halide lamps.
       ``(57) Metal halide lamp.--The term `metal halide lamp' 
     means a high intensity discharge lamp with the major portion 
     of the light produced by radiation of metal halides and the 
     products of dissociation of metal halides, possibly in 
     combination with metallic vapors.
       ``(58) Metal halide lamp fixture.--The term `metal halide 
     lamp fixture' means a light fixture for general lighting 
     application that is designed to be operated with a metal 
     halide lamp and a ballast for a metal halide lamp.
       ``(59) Probe-start metal halide ballast.--The term `probe-
     start metal halide ballast' means a ballast that--
       ``(A) starts a probe-start metal halide lamp that contains 
     a third starting electrode (probe) in the arc tube; and
       ``(B) does not generally contain an igniter and instead 
     starts lamps with high ballast open circuit voltage.
       ``(60) Pulse-start metal halide ballast.--The term `pulse-
     start metal halide ballast' means an electronic or 
     electromagnetic ballast that starts a pulse start

[[Page 23398]]

     metal halide lamp with high voltage pulses, with--
       ``(A) the lamp started by first providing a high voltage 
     pulse for ionization of the gas to produce a glow discharge; 
     and
       ``(B) to complete the starting process, power provided by 
     the ballast to sustain the discharge through the glow-to-arc 
     transition.''.

     SEC. 202. COVERAGE.

       Section 322(a) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6292(a)) is amended--
       (1) by redesignating paragraph (19) as paragraph (20); and
       (2) by inserting after paragraph (18) the following:
       ``(19) Metal halide lamp fixture.''.

     SEC. 203. 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:
       ``(17) Metal halide lamp ballasts.--Test procedures for 
     metal halide lamp ballasts shall be based on ANSI Standard 
     C82.6-2005, entitled `Ballasts for High Intensity Discharge 
     Lamps--Method of Measurement'.''.

     SEC. 204. LABELING.

       Section 324(a)(2) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6293(b)) is amended by adding at the end the 
     following:
       ``(H) Metal halide lamp fixtures.--
       ``(i) In general.--The Commission shall prescribe labeling 
     rules under this section applicable to the covered product 
     specified in section 322(a)(19) and to which standards are 
     applicable under section 325.
       ``(ii) Labeling.--The rules shall provide that the labeling 
     of any metal halide lamp fixture manufactured on or after the 
     later of January 1, 2009, or the date that is 270 days after 
     the date of enactment of this subparagraph, shall indicate 
     conspicuously, in a manner prescribed by the Commission under 
     subsection (b) by July 1, 2008, a capital letter `E' printed 
     within a circle on the packaging of the fixture, and on the 
     ballast contained in the fixture.''.

     SEC. 205. ENERGY CONSERVATION STANDARDS.

       Section 325 of the Energy Policy and Conservation Act (42 
     U.S.C. 6295) is amended--
       (1) by redesignating subsection (gg) as subsection (hh);
       (2) by inserting after subsection (ff) the following:
       ``(gg) Standards for Metal Halide Lamp Fixtures.--
       ``(1) In general.--Subject to paragraphs (2) through (5), a 
     metal halide lamp fixture designed to be operated with a lamp 
     that is rated greater than or equal to 150 watts, but less 
     than or equal to 500 watts, shall contain--
       ``(A) a pulse-start metal halide ballast with a minimum 
     ballast efficiency of 88 percent;
       ``(B) a magnetic probe-start ballast with a minimum ballast 
     efficiency of 94 percent; or
       ``(C) a non-pulse-start electronic ballast with a minimum 
     ballast efficiency of--
       ``(i) 92 percent for wattages greater than 250 watts; and
       ``(ii) 90 percent for wattages less than or equal to 250 
     watts.
       ``(2) Exceptions.--The standards established under 
     paragraph (1) shall not apply to--
       ``(A) fixtures with regulated lag ballasts;
       ``(B) fixtures that use electronic ballasts that operate at 
     480 volts; or
       ``(C) fixtures that--
       ``(i) are rated only for 150 watt lamps;
       ``(ii) are rated for use in wet locations, as specified by 
     section 410.4(A) of the National Electrical Code (2002); and
       ``(iii) contain a ballast that is rated to operate at 
     ambient air temperatures above 50 deg. celsius, as specified 
     by UL 1029-2001.
       ``(3) Amended standards.--
       ``(A) Products manufactured after january 1, 2015.--
       ``(i) In general.--Not later than January 1, 2012, the 
     Secretary shall publish a final rule to determine whether the 
     standards established under paragraph (1) should be amended.
       ``(ii) Administration.--The final rule shall--

       ``(I) contain the amended standards, if any; and
       ``(II) apply to products manufactured after January 1, 
     2015.

       ``(B) Products manufactured after january 1, 2022.--
       ``(i) In general.--Not later than January 1, 2019, the 
     Secretary shall publish a final rule to determine whether the 
     standards then in effect should be amended.
       ``(ii) Administration.--The final rule shall--

       ``(I) contain the amended standards, if any; and
       ``(II) apply to products manufactured after January 1, 
     2022.

       ``(4) Design and performance requirements.--Notwithstanding 
     any other provision of law, any standard established under 
     this subsection may contain both design and performance 
     requirements.
       ``(5) Effective date.--The standards established under 
     paragraph (1) shall apply to metal halide lamp fixtures 
     manufactured on or after the later of--
       ``(A) January 1, 2009; or
       ``(B) the date that is 270 days after the date of enactment 
     of the Energy Efficient Lighting for a Brighter Tomorrow Act 
     of 2007.''; and
       (3) in paragraph (2) of subsection (hh) (as redesignated by 
     paragraph (1)), by striking ``(ff)'' each place it appears 
     and inserting ``(gg)''.

     SEC. 206. EFFECT ON OTHER LAW.

       Section 327(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6297(c)) is amended--
       (1) in paragraph (6), by striking ``or'' after the 
     semicolon at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(9) is a regulation concerning metal halide lamp fixtures 
     adopted by the California Energy Commission on or before 
     January 1, 2011, except that (notwithstanding any other 
     provision of this section)--
       ``(A) if the Secretary fails to issue a final rule within 
     the 180-day period beginning on the date of the deadline for 
     rulemaking under section 325(gg)(3)(A)(i), preemption shall 
     not apply to a regulation concerning metal halide lamp 
     fixtures adopted by the California Energy Commission on or 
     before July 1, 2015; or
       ``(B) if the Secretary fails to issue a final rule within 
     the 180-day period beginning on the deadline specified in 
     section 325(gg)(3)(B)(i), preemption shall not apply to a 
     regulation concerning metal halide lamp fixtures adopted by 
     the California Energy Commission or on or before July 1, 
     2022.''.

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